суббота, 25 июня 2011 г.

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  • pd_recapturing
    04-28 08:32 AM
    I also exactly same cris email as legal_A_IN_limbo yesterday. My employer revoked my H1B.
    Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.




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  • Green06
    10-15 11:35 AM
    DMV laws vary from State to State. When I lived in CA they gave me 5+ yrs of DL but In my home state of Minnesota DMV puts status chek date on the DL which is the date of the I94 expiration. They send a letter at home to show the proof of extension otherwise the DL will be cancelled. I am planning to get it extended by using EAD (i haven't received EAD yet and my H1b extension is being applied). I read on Murthy's site that using EAD for DMV pupose doesn't affect the H1b status.




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  • rpat1968
    03-09 12:04 PM
    Per Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) the visa numbers for EB2 and EB3 - India & China to Stay at Current Levels in year 2007.
    (Post from http://www.murthy.com/bulletin.html )

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    This means it is much more important and essential to get Congress to allot more numbers for Legal Immigration or lease we will be struck with this in GC black hole for years to come.

    Guys wake up and start talking to Senators, Congressmen. Get your employers to send letters to Congress. Help IV by contributing and increasings IV membership, spread the word among you foreign friends , students.

    Raj




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  • abracadabra
    07-15 03:41 PM
    I have the same question. If somebody knows please let us know

    I wonder if MSNBC, CNN, FOX ever covered any of legal immigrants stand against the present immigration mess. I don't see any news about the flower campaign, about visa bulletin fiasco, or even the rallies that we have been doing? The fight has been very strong and unity is finally in place.

    Am I missing something here? Most of us sent so many mails to these bigwigs and nobody showed our news and plight on their news?



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  • piyu7444
    03-26 02:58 PM
    We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.

    Many say when the 485 is transferred to a field office there could be an interview.


    Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)

    Documents one shall carry
    -Employment Letter from current as well as past employers
    -W2 for last 3 or more years
    -Pay Stub last X month (take as many as you have-wont hurt)
    -Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
    -Marriage Certificate
    -Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
    -140 approval copy
    -H1b petition copy or copies for both primary and secondary applicant
    -Should remember Last entry date (entry into US)
    -They will ask if you took any kind of money in welfare etc rom government or any other agency in US
    -They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
    http://www.uscis.gov/files/form/i-485.pdf

    I will post more questions if I can recall something later.........

    Cheers




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  • harivenkat
    05-06 08:54 PM
    Tech firms play quiet role in immigration-overhaul push - Politics AP - MiamiHerald.com (http://www.miamiherald.com/2010/05/06/1617199_p2/tech-firms-play-quiet-role-in.html)




    WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.

    Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.

    Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.

    "To not be able to hire the people who really drive innovation in our company is a frustration," he said.

    The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.

    Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.

    "Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."

    For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.

    "The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."

    Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.

    Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.

    The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.

    The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.

    Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.

    "Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."

    Tech industry representatives disagreed.

    "We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."

    The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.

    Schumer's office didn't respond to requests for comment.

    Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.

    "I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.

    Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.

    The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.

    Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.

    PROVISIONS THAT WOULD AFFECT TECH SECTOR:

    Green cards (legal permanent resident visas):

    * Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.

    * The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.

    H-1B visas (temporary work visas for foreign workers in specialized jobs):

    * Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.

    * Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.



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  • mhtanim
    11-12 03:16 PM
    http://mexico.usembassy.gov/eng/evisas_third_country.html

    I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.

    I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.




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  • gbof
    10-16 11:23 AM
    [QUOTE=eb2_mumbai;1111915]Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)

    QUOTE]

    Never mind red-green. Please keep up ur informative/helpful postings.
    good luck



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  • sunderbans
    04-07 09:31 PM
    thanks for your reply.

    my wife H4 was denied since it was applied after 2 months of I 94 expiration (july 1,2010)but we also sent the I 94 correction based on my H1B notice untill March 10,2011 since there was mistake at POE in jan 2010. On March 18 we received I 94 correction until March 10,2011. Hence now actual out of status is from march 10,2011. So we decided for her to go to India for stamping. But we also filed for MTR still my attorney adviced us to go to India for stamping since we don't want to cross the 180 day period.




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  • kshitijnt
    06-25 02:39 AM
    Its not practical that all or any approved applications will be impacted.

    http://www.ilw.com/immigdaily/digest/2008,0616.shtm

    The heat is being turned on DOL.



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  • javadeveloper
    07-27 03:13 PM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?

    You don't need it If you stick to your employer till you get you GC.If you want to switch to other employer after 180 days of RD(Using AC21) , then you need to know the the position/title of your Labor (It's written on the Labor Certification) , because you have to accept a job with the same position/title with the new employer.Correct me if I am wrong.




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  • ubetman
    08-07 08:40 PM
    Hi guys,

    How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?

    Applying concurrent: 140/485

    present physical location(my present address) state comes under : TSC
    Future job location state comes under : NSC

    Confused...

    Thanks in advance



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  • dealsnet
    01-13 03:22 PM
    Just pray. Nothing can be done. If they find out, you are in trouble (cancel H1B and out). If they didn't find out, you are ok.




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  • WillIWin?
    01-04 09:16 AM
    This is possible. The gist of the rule is:
    Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).

    You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.

    Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)



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  • dilipb
    02-07 04:56 PM
    Seriously speaking I still am not convinced....
    Can someone ellaborate on this more?
    Thanks...




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  • chantu
    09-15 06:37 PM
    I may travel to India in Oct on AP for first time. I am working on EAD and changed employer with AC21. I will use AP at POE.

    1) Do I have to get any transit visa if I go through European countries?
    2) Will there be any problem at POE? Any recent experiences?
    3) Do I have to go to consulate in India?

    Thanks in advance!



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  • evildead
    01-18 02:54 PM
    do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial




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  • desidas
    02-01 12:06 PM
    Looking for a Good Attorney in Texas, please - thanks .




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  • hsingh82
    04-09 05:33 PM
    I think we will be in the long wait together :D, my perm should be filed in next couple of days.




    LondonTown
    05-23 12:21 PM
    Only one application is needed.

    I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.

    Your LCA's and I-129s end date should be the date after one year plus days to recapture.

    Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.


    Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
    Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
    Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
    Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
    I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
    Please help .




    snathan
    05-15 10:49 AM
    Hi Pappu,

    How about 10000+ people sing a single letter and send it to every congressman/woman or senator. When you ask people to send letter to all congressman/woman they won�t. But i believe they wont hesitate to just sign one letter. Let me know if it�s useful



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