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  • InTheMoment
    10-07 02:11 PM
    Yes, definitely update the I-9. Also as rockstart suggested you are now in AoS status or in legalese - "Period of Stay Authorized by the Secretary of Homeland Security".

    Also note there is nothing such as as dual H1-B and AoS status at any time.





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  • gcnotfiledyet
    03-16 05:54 PM
    My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????


    If you show them marriage certificate they should be able to backdate the dates of coverage. That is what happened in my case. Other option is to shop for private insurance for few days. You will pay premium. Get some cheaper insurance then you run risk of lot of loopholes in coverage. Get travel insurance from companies in India. There are plenty and you can find discussion on this forum. Check with pre existing condition clause with your insurance company even if the coverage starts from 1st.

    Other option is to have your wife come after 1st of month or pray to God that she doesn't fall sick, just kidding.





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  • shree772000
    07-20 01:07 PM
    Look at this Job posting in the craigslist.

    No Indian: Automation and Manual QA Test Engineer / Analyst Needed (http://orangecounty.craigslist.org/sof/1820098499.html)

    Is it legal to discriminate against certain group like the job poster did in his post.

    I am also quoting the text inline, just in case the posting expires:

    "No Indian: Automation and Manual QA Test Engineer / Analyst Needed (Irvine)

    --------------------------------------------------------------------------------
    Date: 2010-06-30, 7:45PM PDT
    Reply to: job-zvxts-1820098499@craigslist.org [Errors when replying to ads?]

    --------------------------------------------------------------------------------


    Yeh right pIease do not respod if you an Indian no disrespect but we have had bad experience with Indian decent people due to fake resumes and no experties.
    I am currently looking for very strong QA Automation expert (Mercury QTP / Quality Center). Also I am looking for manual / automation tester as well. It's a long term contract please respond if you meet the following criteria. If you are not an expert in QTP for the second position but have the right attitude to learn, we are interested in hearing from you as well. As I mentioned it's a long term contract and the rate for both positions are open and also based on your experience. you must be able to come for in person interview with very short notice and please do not apply if you are out of state or out of OC, LA or SD area.

    QTP Expert:

    Must have hands on experience in creating automated test scripts
    Must know how to create scripts without record / play back
    Must know how to create automation frameworks and what are the different types
    Must have experience with QTP and Quality Center
    Must be able to work with complex design
    Experience with large scale application frame work
    Must have QA manual testing experience and be able to identfy what should be automated
    Must be able to work under tight deadlines
    Must be able to work with minimum supervision
    Must be able to start right away


    Manual / Automation QA Engineer

    You must be able to work as manual and automation fashion
    Must have experience with Mercury Quality Center and QTP
    Experience working in large scale applications
    Good analytical skills
    Don't forget personality and attitude is the key
    "





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  • realizeit
    08-01 03:32 PM
    HR 5882 Counterpart Introduced in Senate by Hon. MENENDEZ

    Link: http://menendez.senate.gov/newsroom/record.cfm?id=301666&


    Press Release of Senator Menendez
    SENATOR MENENDEZ INTRODUCES BILL TO EXTEND E-VERIFY PROGRAM, INCREASE VISA EFFICIENCY AND STRENGTHEN FAMILIES

    E-verify portion of bill mirrors version passed overwhelmingly passed by House this evening

    Friday, August 1, 2008



    WASHINGTON� U.S. Senator Robert Menendez (D-NJ) yesterday evening introduced legislation to renew the electronic system for employers to check the documentation of prospective employees, and to ensure that unused work or family-based visas are utilized. The Visa Efficiency and E-Verify Extension Act of 2008 will help American businesses and will protect family unity by reauthorizing the E-Verify program, recapturing unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allowing unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year. The E-Verify portion of the legislation mirrors E-Verify legislation passed this evening in the House of Representatives by a 407-2 vote.

    Senators Patty Murray (D-WA), Ted Kennedy (D-MA) and Maria Cantwell (WA) joined Senator Menendez as co-sponsors of the bill. The proposed legislation would shorten the long lines of families and employees currently waiting to receive green cards.

    �Verifying that workers have their proper documentation is certainly important, and this bill ensures we are doing that while being fair to families who have waited in line for years and have paid their visa fees to reunite with their loved ones,� said Sen. Menendez. �We must couple the E-verify effort, which is good for business, with policy that is also good for families � it fits with our American value system and is a step towards fixing our broken immigration system.�

    Summary of The Visa Efficiency and E-Verify Extension Act of 2008:

    Recapture of Unused Visas: This bill recaptures unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allows unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year.

    Extension of the Conrad State 30 Program: The bill extends the Conrad State 30 program for 5 years to June 1, 2013. The Conrad State 30 program was designed to provide each of the fifty U.S. states with 30 waivers for J-1 physicians each fiscal year.

    Extension of Religious Worker Program: The bill requires DHS to issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for individuals working in a religious vocation or occupation. The bill extends the special immigrant non-minister religious worker program to October 1, 2011. Under this bill, the DHS Inspector General shall submit on the effectiveness of the regulations to reduce fraud by 2010.

    Reauthorization of E-verify: This bill also reauthorizes the Department of Homeland Security�s (DHS) Basic Pilot electronic employment eligibility verification program, also known as �E-Verify.� This legislation provides for a 5-year extension of this program for the electronic employment verification of employees.

    Protection of Social Security Administration Programs: This legislation requires DHS to provide timely and appropriate payments to the Social Security Administration so that E-verify does not interfere with SSA�s ability to serve seniors, people with disabilities, and survivors.

    Government Accountability Office (GAO) Study of Basic Pilot Confirmation System: This bill requires the GAO to report to Congress on the causes of erroneous tentative nonconfirmations, how they are remedied and the effect they have on individuals, employers and federal agencies. It also requires the GAO to examine the experiences of small businesses, non-profits and municipalities with using Basic Pilot.



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  • raysaikat
    03-06 05:47 PM
    Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.

    The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.

    Here is the exact language of the law from 8 CFR:

    "(iii) Criteria for H-1B petitions involving a specialty occupation.


    (A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:


    ( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;


    ( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;


    ( 3 ) The employer normally requires a degree or its equivalent for the position; or


    ( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.


    (B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:


    ( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,


    ( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,


    ( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and


    (C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:


    ( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


    ( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


    ( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or


    ( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."

    More from USCIS:
    USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)





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  • ndny
    08-06 03:01 PM
    Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?

    A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:

    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:

    Housing assistance
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).


    Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?

    A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.



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  • abhi_jais
    12-03 02:59 PM
    A friend of mine has got 221G from the New Delhi consulate. He works directly for the company there is no client involved here. The consulate has requested the details of every single employee of the company along with their immigration status. My friend is trying to get that information from the employer.

    Any suggestion at this point????





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  • tdasara
    04-16 02:16 PM
    Is there a 120 day advance filing period to file for AP?



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  • HRPRO
    02-09 03:15 PM
    If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).

    Roseball,

    I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.

    HRPRO





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  • dwhuser
    07-31 11:36 AM
    Thanks everyone, we had a wonderful trip and reached safely, no questions asked at POE (newark)



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  • kprgroup
    02-01 11:33 AM
    Update on H1B Extension

    Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.

    Thanks Ann
    KPR





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  • gsee
    07-01 03:33 PM
    I think there is another option too. If she can get in touch with a hospital here, she can come directly for fellowship after which she will have to practice within the same hospital. Some specialties like Radiology and Pathology give you unrestricted license to practice anywhere in US after putting up with the fellowship for certain number of years (5 years in case of radiology). Please check this fellowship option with others who might be more knowledgeable.



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  • eb2dec2005
    10-01 07:57 PM
    I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.

    His confirmation number is 86FZ6-TMC55

    My receipt number is : 5533-1428-2079-6501





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  • ArunAntonio
    08-27 05:33 PM
    Cant make it to the DC rally?
    Sponsor someone else to represent you.

    Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441



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  • broadcaster
    11-08 03:42 PM
    On July 27, I sent my I-485/I-765 to the TSC. Case was delivered on July 31. I have no receipts, my checks have not been cashed. I called NCS, they asked me to wait two more weeks.





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  • srt57
    02-14 02:08 PM
    My PERM LC got approved recently(two weeks back). In my case its MS+0 years. My attorney says this will qualify for EB2. MY job title is Computer Software Engineer.

    Which center did you file PERM with and how long did it take to process? Any audits or business necessity documentation required?



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  • forgerator
    03-04 04:58 PM
    Friend of mine, came to the US in 2004 to do MS in Computer Science, graduated in 2005, got a job at Microsoft, applied greencard EB2 and got greened in 2006.

    Life is so unfair. but anyway congratulations!





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  • bharad
    05-24 09:33 AM
    Grow up, try to give meaningful titiles
    We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?

    Let us start the prediction, analysis, etc, game for the July Bulletin.





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  • gceb3holder
    02-27 09:53 AM
    Okay! Thanks a lot.





    bekugc
    03-20 04:46 PM
    omg, for a second i thought that there was really a fasting rally in DC...arranged by IV.
    just chill !! :-)





    pappu
    02-11 11:22 AM
    Pappu,
    I agree, and so just to vent, IV forum participation must be a give and take, it is shameful and unethical to ask questions and run away once its been answered or their problems are resolved, we have thousands of members and only a handful of them have contributed towards 2009 contributions, the total has not even touched $1500?? there is a limit to being a free rider, at times like these when legal immigration has hit bottom in the priorities list, cant we atleast pool some money and support those who are trying to work for us?? is it too much to ask? its just not enough to say "god will help us", god helps only those who help themselves.

    I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
    or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.

    Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.

    When they see it as their own effort they will participate more actively and make IV their website to go to and participate.



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