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  • gcwaiting17
    08-07 02:31 PM
    Also there are no LUDs on both the cases. Not even a single LUD since the case moved from CSC->NSC. After that we went for FP in Nov. 2007.
    No LUDs for that also.





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  • kanakabyraju
    07-21 04:08 PM
    I did receive the RFE today and what I have guessed in correct. USCIS is asking to submit the remaining medical work. My lawyer gave me 2 options. Once is to bring my wife here and complete the tests and second is to request to postpone the dates. He said that I can not garuntee 100% chances that your application would be considered if the dates become current. I am going to bring my wife for a week time since I have only 25 days left to respond.

    As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?

    My attorny also received the mail but not sure about the yellow paper at this point of time since they have to get the documents from other location. Any light in this regard is much appreciated.

    thanks
    Kanaka





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  • sparky_jones
    10-01 10:26 AM
    I did a lot of research and found very little information on an established process of "firing" one's attorney and moving to self-represent the I485 application. Most resources talk about submitting a new G-28 form from a new attorney. What if I don't want an attorney to represent me anymore? is there a form for that?

    Anyone??





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  • uimv
    03-14 12:18 PM
    So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
    Switch from H1 to EAD is done by filling out new I-9 form for EAD.



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  • lahiribaba
    02-11 02:45 AM
    actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
    those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
    we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
    the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
    a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
    some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
    now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
    ------------
    I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
    those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
    WARNING ...before attacking this idea ..come up with a better one

    and then there was the big earthquake that swallowed the village and the beggars sitting under the one lone mango tree...





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  • psaxena
    11-19 05:13 PM
    Tech workers take H-1B case to Supreme Court - Network World (http://www.networkworld.com/news/2009/111809-tech-workers-take-h-1b-case.html?fsrc=netflash-rss)



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  • lazycis
    12-05 01:04 PM
    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.





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  • Blog Feeds
    02-10 08:50 PM
    Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

    With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

    Background

    On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.

    In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)

    The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.

    This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.

    Requirements in the Statute

    The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
    A. Temporary Increase in the Number of Professional Visas Available

    There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
    B. Electronic Postings

    LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
    C. Attestations Required for Employers Dependent Upon Foreign Professionals

    U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.

    The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.

    H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
    D. Increased Enforcement and Penalties for Violations

    The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
    E. Back Benching H-1B Employees

    Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
    F. Benefits

    Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
    G. Additional Fee for Use of H-1B Program

    Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
    H. Prevailing Wage Computations

    For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
    I. Academic Honoraria

    Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.

    Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!




    More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)



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  • arc
    10-30 01:48 PM
    My wife's finger printing fee was rejected last month, even though we submitted the right fee.
    We still submitted the fee again. In the mean while, we got our finger printing notices.

    Do u know when we would get our EADs ? Is anyone in a similar situation ?

    Thanks

    First of all what is Finger printing fee? FP is part of your 485 process so i is not charged seperately... secondly yes EAD can come before FP... and they are not related EAD is Form I765 and FP is related to I485. Check with your lawyer if you had applied for EAD or not...if not then apply if yes then wait you will get it too...

    Yes one can walk in usually on wednesday but depending on the rush they might or might not accomodate depends how you persue... and how valid your reason is... one can also go to another ASC then mentioned on the form they all do the same thing and assignment is purely based on load at a particular ASC.:cool:





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  • veni001
    01-18 05:49 PM
    Thanks for the reply
    I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
    if i get an I40 with EB3 and move to another EB2 employer
    It will result in me losing everything except my priority date
    but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
    in that case I lose everything and need to start from scratch
    Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?

    -chehuan

    Copy of I140 approval notice. You can request this from USCIS using FOIA:)



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  • forgerator
    06-10 10:30 PM
    Reason is probably they discovered your employer is doing similar crap with other employees.

    Right now there is zero tolerance for these kind of abuses by employers.





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  • satishbsk
    08-05 11:01 AM
    When was ur recent visa issued?
    If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.

    ____________________
    Contirbuted $280 so far



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  • mallu
    09-26 10:03 PM
    Thanks. But GC still sucks because of the long process. Good Luck to everyone.

    PD - 04/2002
    EB3 - ROW
    I-485 RD - 03/2007
    I-485 AD - 09/2007

    Congrats. So you are an old timer, with PD 2002. (Being from ROW) you luckily escaped the name check torture.

    I am also a relatively old timer ( PD Nov. 2002 ). Unfortunately stuck in namecheck since Aug.2006. My fellow Indians say , i can just sit like this for another 2 - 3 years in name check :-(





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  • drirshad
    05-24 11:22 AM
    Is postal address for e-Filed AP & EAD same, are the 2 photos is only for EAD renewal not AP, seems they will take a picture/fingerprint for AP by appointment.

    Anything missing from the following:

    Req docs, you will have to send (I-765/EAD)
    1. a copy of of your I-765/EAD E-file receipt,
    2. pending I-485 receipt,
    3. two 2"x2" passport photograph,
    4. copy of your previous EAD, both side
    5. drivers license, both side
    6. passport non-immigrant visa page
    (even if its expired, it will serve as a federal issued photo ID).

    Req docs, you will have to send (I-131/AP)
    1. I-131/AP E-file receipt
    2. Photo Id: License
    3. Passport visa page
    4. 485 receipt copy
    If applying for Re-entry Permit, you must be fingerprinted as part of USCIS biometric services requirements. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, USCIS may also take your photograph and signature.



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  • prolegalimmi
    03-27 06:44 PM
    Below is a Copy.

    "Dear Editor,
    I hope that this letter of mine gets a few minutes of your precious time.
    While there is a raging debate going on in the Senate about how to accomodate illegal immigrants, while there is so much time being given to find solutions to the issue of illegal immigration, a little known fact is that upwards of 350,000 legal immigrants, who have come to the United States legally, contributing to the american community positively, putting their special skill sets to practice to keep american technical, engineering, research and such jobs in america, paying taxes for every penny they earn, for every day they have lived here, these people are languishing for more than five years because of governmental delays and lack of governmental resources to process their applications in a timely manner.
    No coverage at all is being given to the plight of these more than 350,000 'legal' immigrants. These legal immigrants are even afraid to come out and protest lest they get into legal problems with the law enforcement because they might be disturbing peace or affecting productivity negatively. Would NPR kindly give a voice to these legal immigrants and let the public know about the silent suffering that these legal immigrants are going through. If any more information is needed at all, please do visit immigrationvoice.com, or contact any of these individuals who are here legally, shrey@immigrationvoice.org
    jay@immigrationvoice.org
    sandeep@immigrationvoice.org
    nagaraj@immigrationvoice.org
    kapooraman@immigrationvoice.org
    OR call (281) 576-7185 .

    Thank You very much for your time."





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  • roseball
    03-08 09:21 AM
    looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.

    Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.



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  • gcpain
    07-24 02:24 PM
    Hello Guys,
    My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......





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  • maximus777
    04-29 09:57 AM
    There are 26 pages in this document and half page for legal EB immigrants.

    Pros
    1.GC for MS in STEM
    2.Per country limits removed

    Cons
    1.No increase in number of EBs
    2.Now all counties will be backloged instead of just I and C. ( Misery loves company)

    From what I understand, GC for MS in STEM is not from a separate pool and it comes from the same EB one. This does not ensure a GC instantly, but will reduce the wait times to manageable levels for the retrogressed countries. On the flip side, non retrogressed countries too will experience wait times which they are not accustomed to so far. So it's a sort of spreading the "love" approach.





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  • overhere
    07-18 08:40 AM
    Thanks! I was worried because they may reject my application because if the PD is August, it is not qualified under the July VB. But it seems that because I am qualified anytime the VB shows current, I can apply in August without issue regarding PD.

    why can't you just file it right away? i really suggest filing your application asap or within july so you'll get an earlier pd.





    aravi
    06-29 03:32 PM
    Hi - I haven't obtained a Schengen visa from the Swedish consulate, but have obtained one several times from the French consulate. I also had trouble obtaining exactly worded letters from my insurance company. The best option for these embassy visa requirements, for me, was to purchase one for $12-$14 from InsureMyVisa.com. They give you a letter as per exact requirements of whichever country's consulate you are applying at. Good luck!





    sumitghaiin
    09-18 11:57 PM
    Could anyone please let me know from where I could check my H1b-transfer status online ?

    Thanks a lot



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