Tuesday, June 14, 2011

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  • nb_des
    09-14 01:09 PM
    It is very difficult to get a bill passed in House for increasing visa numbers. Be it legal or illegal there is no way House will pass anything that increases visa numbers this election year. I am doubtful even for next year.

    For this year or for now we should just get something like "ability to file 485 even when visa numbers are unavailable". This is something which will provide some relief to all of us and has good chance of going through. Subsequently we can keep trying to get the SKIL bill passed next year.





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  • Vexir
    06-04 04:01 PM
    I like it but the orange is out of place and the kirupa.com text is hard to read.





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  • desi485
    02-18 02:28 PM
    I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.

    This is her opinion in quotes:
    "I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."

    I hope this helps.

    greenlight: Thank you indeed to share such useful information with rest of us.

    As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.

    Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.

    Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).

    I would appreciate input from others who have some knowledge or experience of above situations.





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  • Dipika
    09-17 11:18 AM
    Help me Gurus!

    we had Infopass appt. IO said your case is pre-adjudicated and under Review. we ask how long will it take to review? He said - doesn't know. can we open SR? He suggested not good to open SR. Reason is they will give same reply - case is under review give us 3 to 6 months. USCIS always tell us to "Not to open SR for Under Review case". Let the petitioner to send latter to request the status directly by sending latter to,
    INS Texas Service Center
    PO Box 851488 - Dept A
    Mesquite
    TX 75185 - 1488
    .

    does any one have sent inquiry latter to this address? is it worthful to send latter there?

    One thing is clear that if our app is in "Under Review", means we have to do something to trigger approval. otherwise it will be in Review forever. we had open SR last yeat september and got same reply in May this year. so SR doesn't work.

    Please suggest me what step i should take.



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  • Humhongekamyab
    07-02 02:16 PM
    Yes it applies for IV too. We have a handful of monthly subscribers because everyone wants the other person to pay for it. If the problem needs to be solved, each victim needs to fight this problem.

    Do let us know the outcome of your complaint.
    Please also inform others how you went about making this complaint.

    Filing the complaint is the easiest thing that I have done in a long time. As I had lots of written evidence so it took me close to 30 minutes to prepare the everything but normally it should take no more than 10 minutes. The DOL, Wage and Hour division, takes care of all the such complaints and the identity of the filer is kept confidential to the fullest extent provided by law.

    The Form for instructions for filling the complaint & the form is available at http://www.dol.gov/esa/whd/forms/fts_wh4.htm list of H-1B willful violators is available at http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm and the list of debarred employer's is http://www.dol.gov/esa/whd/immigration/H1BDebarment.htm

    When I filed a complaint, I sent the whole package via FedEx. I waited for few weeks to hear from DOL but when nothing happened I went to their office (they are few blocks away from me). I spoke with an investigator (who was very professional and courteous) who told me that even though FedEx shows the package was delivered they cannot locate it. The investigator asked me to resubmit the package which I did the next day. I received a letter from the DOL after 2 weeks saying my complaint has been received; they even assigned me a complaint number which I can use to track the progress of the complaint by calling their office. The DOL combined mine and my coworker's complaint together and assigned both of us the same complaint number; my coworker filed his complaint few days after I had filed mine.





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  • eager_immi
    07-18 10:23 AM
    Can someone reserach and find out where exactly he has stated that. You cannot do that till you have proof. If you know the aprox date he said that i can look up his trascripts.

    Can we also add a section that says that H1Bs also pay taxes...including medicare and SS?



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  • kubmilegaGC
    10-28 11:22 PM
    13 years since I landed in this country.....finally, I got the approval email 15 minutes back. I am not sure how to express my feelings (or lack thereof).

    I want to thank the following guys from the botton of my heart.
    1) KubMilegaGC - who gave me support in September or was around for sometime in October to check on my status
    2) SeekerOfPeace, KewlChap and fatjoe - for all the valuable information they have provided. Thank you so much guys!!

    I did the following:
    1) Took around 10 Infopass appointments, with the last one being today morning at 9 AM PST. IO told me that my case was under review since July 2009.
    2) Attorney reached out to AILA liaison
    3) Sent DHS-7001 to CIS Ombudsman
    4) Letter requesting USCIS secretary Napolatino to inquire about the delay in my case
    5) Letter to first lady last weekend requesting to inquire about the delay in my case
    6) Several inquiries were made by Congresswoman on my behalf
    7) Inquiry was made on my behalf by the senator
    8) Opened several SRs - I think around 6 or 7

    As a result, I now have around 30 different responses from USCIS/DHS. Looking at each response, it makes me believe that they have not even cared to look at my case and have just pulled out a response from a standard set of responses.

    I believe what really helped me is a phone call using the POJ method to TSC. I was fortunate to get a hold of a very nice and polite IO. IO walked me through the entire process and to my utter disbelief told me that my case was still sitting in the storage area and collecting dust (this was 2 weeks back). While I was on the phone, the IO sent a request to the folks in the storage area to pull my file out. Luckily for me, the file was in one of the storage areas in Texas itself. Once the file was at the Texas service center, it sat in the holding area for almost a week . It seems like the officer picked up my file sometime at the end of last week or earlier this morning.

    Edit to the post: In hindsight, I think the delay in my case was because I had 4 I-140s (2 from RIR labor and 2 from PERM, one each for EB2 and EB3). I think whenever the IOs looked at my file, they thought that my case was not current. The IO I talked to specifically put in a note for the IO to look at the EB2 140 (June 2004) and not the EB3 I-140 (June 2004) or the I-140s that I have from July 2005. I dont know what to tell my attorney, not sure why they had to file 140s in EB3 for me.

    Once again, thanks to everyone who has supported me to get through this painful process. Last 60 days (since September 1st) have been very painful for me.

    Good luck to all EB2 who are still waiting and to all the EB3 folks, I hope you guys become current soon and get your GCs - I really really admire your patience.

    Keep the faith.....

    My Dear friend - Congrats and welcome to the green club..I guess I can stop coming to these forums now..:) You got it! You did it! and you DESERVE it! you have shown great patience and I could not be more happy for you!

    Enjoy the green - take couple days off and just RELAX.

    Good luck to everyone else who is still waiting.





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  • seahawks
    07-17 11:10 PM
    Total Signatures: 961?

    That is it, after we have so many members, come on guys, show support to reject misinformation and distorted campaign.



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  • mhathi
    11-02 01:34 PM
    I have been looking at opportunities elsewhere. However, in my field (not IT related), US is still a very good destination and my skills are also in demand in US and elsewhere. My home country, however, still lacks the basic infrastructure needed for me consider that as an option.

    Nonetheless, as I said, if things don't improve by 2009, 2010 then I will be forced to consider other options such as australia/europe/canada. But I dont think I agree to "Quit America" just to prove a point. I will do what I think is best for my career and future; as the congress must do what they think is best for America's future. If given the chance, I will contribute to the continued success of this nation... else will move where my skills are in demand.

    Meanwhile, get invoved in state chapters to convince congressmen about our plight, and let them decide about the country's future.





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  • logiclife
    04-07 11:14 AM
    So we have an amendment that deals with Immigration Voice's goals - http://immigrationvoice.org/forum/showthread.php?t=521. Now what?

    The Brownback amendment that benefits all of us in one way or other is on the table for the immigration bill(Specter’s, Frist’s whichever). Thanks to Senator Brownback, his staff, our counsel QGA, our friends in AZ and PA(not in core IV team) who played a key role in convincing the staff and Senator about our problems and solutions and MOST IMPORTANTLY - YOU - the volunteers and members who supported this operation financially and morally.

    Friends, the game has just begun. The fun part, the challenging part comes now. Those who are familiar with S 1932 know that the real deal is the house-senate conference committee IF the immigration bill gets any traction in Senate post recess. In a rare event that immigration bill is ignored this year, we need to focus on getting these amendments in other bills like PACE act, TALENT bill etc. Immigration Voice’s morale is like DURACELL – IT NEVER DIES. NEVER NEVER NEVER.

    So , before we open that Champagne bottle let's make sure that we are ready for the next stages in this effort:

    1. Getting majority of Senators to vote "Yes" on our amendment.
    2. Getting the opposing amendments to defeat the good stuff out of the senate bill.
    3. Protecting this amendment in the House-Senate Conference Committee.
    4. Defeating the harmful provisions that may be injected by more creative minds in the House during House-Senate Conf.
    5. Continued efforts to find another bill for our provisions if the immigration bill fails. (Unlikely because of millions of undocumented workers holding rallies. Something WILL HAPPEN).

    All this is going to take lobbying, grass-roots efforts and a lot of work.

    So now, we regroup. We gain strength. Lend a hand to the fence-sitters to join us. Convince the NAYSAYERS that this works. And we raise more funds.

    Today, IV Core group sincerely requests members to whole-heartedly contribute just like you contributed before. Let's give this movement a momentum so strong and powerful that its invincible. Let us get all hands on deck.

    THE GOAL:

    The goal is to raise another 75,000 in 25 days. That will bring the total contributions to around 150,000 by the first of May.

    We have always asked people to contribute whole-heartedly as this is a non-profit operation, no core member or volunteer makes any money on this and we are accountable to IRS due to our non-profit tax status. We have always done EVERYTHING LEGALLY and will continue to do things legally. If in doubt, please visit the menu "Lobbying and the Law" on the homepage. Remember, the core members want their greencards too and they wouldnt be doing things that are illegal and risk their own greencard applications.

    Conribute and be a part of most successful organized effort ever done by a bunch of high-skills legal immigrants. Be a part of movement that will make you proud for the rest of your life. Something to tell your children about. A few hundred dollars saved by not contributing will not make you happier. I can guarantee you that. The money I contributed to IV has been the most well-spent amount in 6 years of my time in US. And dont ever rely on "Others will do it and I can evade this as one person wont make difference" will NEVER WORK. It never does. If you think that there are friends that are affected by retrogression then call them, show them the amendment and tell them to stand up and support this.

    Thanks, and make this another successful round of donations. Here is a link to our contributions page - http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    --logiclife.



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  • arupkumarsaha
    01-31 10:59 AM
    If this law does not apply to existing labors, we will still be in the same situation. BTW, what is a desi company. How come it can sell labors? Is selling labor legal?

    What plannet r u from that u donno abt desi companies and LC sell ? myself a human from earth :-)
    desi companies r indian companies and they sell LC openly , Eb2 pre approved labor has a rate approx 20k USD .

    desi companies sell H1b also , u pay money and they will get it for u , see sulekha.com for example .





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  • PDOCT05
    07-19 09:44 AM
    Signed by R.WILLIAMS at NSC For any one?



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  • wrldnw4me
    02-21 12:00 PM
    Nassom is going to ask for Social security taxes back when we leave the country.....

    http://autofeed.msn.co.in/pandorav3/output/Technology/125316eb-5b72-45df-8d87-eb9d305cb1ac.aspx





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  • paskal
    05-24 09:59 PM
    this is the code that has been amended

    (9)
    (A) The Attorney General shall impose a fee on an employer (excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in section 1001 (a) of title 20, a nonprofit entity related to or affiliated with any such institution, a nonprofit entity which engages in established curriculum-related clinical training of students registered at any such institution, a nonprofit research organization, or a governmental research organization) filing before [1] a petition under paragraph (1)—
    (i) initially to grant an alien nonimmigrant status described in section 1101 (a)(15)(H)(i)(b) of this title;
    (ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or
    (iii) to obtain authorization for an alien having such status to change employers.
    (B) The amount of the fee shall be $1,500 for each such petition except that the fee shall be half the amount for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
    (C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356 (s) of this title.


    this is the addition:

    in each case that fees is applied per para 9 and 11 (see 9 above) a supplemental fee of $ (8500 in original) 5000 will be applied


    effect: new H1b, renewal - but based on the above only the first renewal for any given employer, if you change employers the clock starts again. total fees $1500 + 5000 = $6500

    and that is a helluva lot of moolah!



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  • sgorla
    01-29 05:04 PM
    Well, this should eliminate selling/misuse of labor certifications.





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  • sweet_jungle
    02-11 05:29 PM
    I am with you. giveme the details



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  • jsb
    11-13 09:03 AM
    Why do you think that i was 'surprised'?? I was just making a point that this policy was absurd!
    EAD is only an interim authorization to work until decision on your application is made. It is not a permanent authroization to work. Think of it, if you could not work unless someone has approved your application.





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  • bigboy007
    07-18 03:29 PM
    the mailed date was recently added as a column.. till now ppl were using receipt date column as application reached.. wait till fp dates and notice dates get populated...the earliest i have seen is for ppl current in june who have a receipt date of 06/29
    thats the same news from USCIS too that they just completed June please wait





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  • nag2007
    06-12 05:19 PM
    Thats irony, people with 2004 PD got their GC last year when 2001 is still waiting.

    Thats true. In my case PD March 2005. Waiting for a chance to file my I-485 but whoeever has PD 2005,2006,2007 all have their EADS.





    pshah
    07-14 06:50 PM
    Signed.





    malaGCPahije
    08-13 11:29 AM
    It won't help, if everyone starts porting, EB-2 queue will face a similar situation. Porting doesn't happen soon either. With delays in I-140 processing, it may be close to 2 years before you could file for a fresh I-485 with a request to port the EB-3 priority date. Note, this is a grey area and doesn't guarantee you the old PD. If the company is willing to foot the bill, go for it or else IMO it is not worth spending your own money.

    Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,

    Porting should not be done just because of the GC wait. In fact, porting should be a side-effect if anything caused by a change in job. There are much more major considerations as well as reasons for changing a job.

    The best course of action is contribute to IV so that we can have more lobbying power. With that, we may be able to get bills like 5882 thru and that is what will help all of us. It is the single path in my mind for minimum investment to maximum return.



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