Thursday, June 23, 2011

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  • lkapildev
    11-19 04:40 PM
    You work for Govt on H1b. Payment would not be an issue. The only issue could be experince certificate. They might ask you to provide experience certificates.

    NSC is really crazy about RFE. They complan about resource and they have time to issue RFE. 99% RFE's are cleared on first response.





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  • cheg
    07-13 04:18 AM
    It's only 1:46 am here so i'm still waiting. Nothing new yet.:rolleyes:





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  • irha
    12-06 07:20 PM
    Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.

    Thanks for the explanation, now I understand why my wife got only 1yr validity, where as I got 2yr. In reality my wife got only 11 months validity, as the from date started a month before we actually received it in the mail. It is a big pain and expense to renew every 11 months, if this is the case. Another gripe is that my validity started 2 months before the current one expired, effectively reducing the 2yr to 1yr and 10 months. It still better than 1yr, but I don't understand why they get simple things like this wrong.

    It is funny that I used to wait until the last minute to renew my car registration when I first arrived in the US, thinking I would loose time, but when I learned that that is not the case, I started registering at my convenience. Since EAD renewal is not as simple, we tend to apply early, and that results in getting some time lost. How early do you normally apply?





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  • dealsnet
    08-18 01:33 PM
    This case is must be handled by an experienced lawyer.
    Contact Murthy or other reputed lawyers.

    How about this education for EB2

    10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education

    +

    8 Years IT Experiance



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  • EndlessWait
    07-13 12:19 PM
    cmon ..just use ur logic. what else would be so positive , popular amongst IV, yet no change in bulletin's.. a system change ..do u think accepting only medical's would make us happy.

    cmon anybody wanna bet?





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  • shreekarthik
    06-22 10:04 PM
    While having Vayalar Ravi talk to US Govt. on social security taxes is a good idea having him talk about retrogression is a very bad idea.

    Permanent residency and retrogression are internal affairs of US of A. USA and USA alone will determine who gets their PR and citizenship. Any foreign official touching that subject will be seen as infringing on this nation's sovereignity.

    During the 60s USA wanted lot of doctors and imported them from India. Later on they started producing their own doctors and we know how difficult it is for an Indian doctor to emigrate now. I suspect computer programmers are the next. The current focus is on importing nurses and when they have enough nurses they will have the same problem..... Isn't life very fair ?



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  • Templarian
    03-31 01:14 PM
    Dang I went to class and get back now "Find Hidden Word" jumped up 3 votes. :trout:

    At least I'm not tied for 4th anymore.





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  • sobers
    02-28 02:41 PM
    Awesome work, guys!


    Btw, besides roll call, another influential Capitol Hill publication is "The Hill".

    This story ran in it today. If anything, this (the portion in bold) demonstrates the power of your faxes/emails to lawmakers.

    --------

    THE HILL

    http://www.thehill.com/thehill/export/TheHill/Business/022806_immigration.html

    Anti-immigration groups up against unusual coalition
    By Patrick O’Connor

    The National Restaurant Association usually does not join forces with the National Council of La Raza, and the U.S. Chamber of Commerce rarely, if ever, aligns itself with the Conference of Catholic Bishops.

    But those organizations and many others have come together in support of a comprehensive immigration-reform bill that would expand guest-worker programs and offer undocumented workers already in this country a path to citizenship. They are up against an aggressive cross-section of single-issue organizations that favor increased enforcement of immigration laws and have condemned any legislation that would allow undocumented workers already here eventually to become citizens.

    With the Senate Judiciary Committee expected to mark up its version of the immigration bill Thursday, groups on either side of the issue have geared up for a hard fight, and the vehemence and intractability of either side should make compromise particularly difficult for lawmakers on Capitol Hill.

    Staff members of many of the organizations involved in this fight stayed up much of last Thursday night poring over details of draft legislation released by Judiciary Committee Chairman Arlen Specter (R-Pa.) in anticipation of this week’s markup. By Friday afternoon, many of those organizations released statements either heralding or deriding Specter’s draft.

    Senate Majority Leader Bill Frist (R-Tenn.) has said he would like to move a bill to the floor by the end of March, meaning next month is critical in the years-long debate over immigration reform.

    A unique coalition of divergent interest groups have rallied in support of a bill introduced by Sens. John McCain (R-Ariz.) and Edward Kennedy (D-Mass.), with select members of the AFL-CIO teaming up with social-welfare organizations, the Chamber and other business groups that support a temporary-worker program.

    “The fact that the Chamber of Commerce needs comprehensive immigration reform is very good,” said Flavia Jimenez, an outreach director for the National Council of La Raza, a Hispanic advocacy organization.

    Members of the business community also appreciate working with groups such as La Raza because it allows the overarching coalition to communicate with Republicans and Democrats alike on Capitol Hill.

    “It’s nice actually to get to work with these guys,” said John Gay, a senior vice president for government affairs with the National Restaurant Association, which co-chairs the Essential Worker Immigration Coalition (EWIC), a group of more than 40 business and trade associations seeking comprehensive reform.

    Because the many groups within this broad coalition have slightly different priorities, they must communicate regularly to push common themes. In the end, these organizations are all fighting for what they consider the best interests of their dues-paying members.

    “When push comes to shove, we will all become … forceful advocates for our members,” Gay said. “If we’re at an impasse on something, it’s not through misunderstanding. When we differ, it will be for real reasons.”

    Despite the breadth of interest groups advocating an expanded guest-worker program, the enforcement-only crowd makes considerably more noise on Capitol Hill, if the flood of mail, e-mail and phone calls to member offices is any indication.

    A handful of single-issue groups opposing the guest-worker program have effectively put the other side on the defensive since President Bush first announced his intentions to push comprehensive immigration reform, as evidenced by the administration’s backtracking since Bush first proposed such a program in January 2004.

    One of those groups, Numbers USA, has 135,000 registered activists throughout the country and an e-mail list in excess of 1 million subscribers, all of whom have signed up voluntarily, said Caroline Espinosa, a spokeswoman for the group. A link on the Numbers USA website also allows browsers to fax a personal note to members of Congress in support of increased enforcement of illegal immigration.

    Numbers USA also does objective and subjective summaries of each bill introduced on the issue and notifies subscribers in advance of any important actions on Capitol Hill, such as this week’s markup. As such, the group was expected to send an alert asking those supporters living in states represented by members of the Senate Judiciary Committee to call or fax their members in anticipation of that markup.

    Unlike their counterparts on the guest-worker side of the debate, these single-issue groups do not coordinate to the extent of their rivals.

    “We’re pretty separate,” Espinosa said. “We don’t even share resources, even though we’re all working toward the same goals.”

    Battling with groups like Numbers USA is an uncommon experience for many members of the business community because they do not regularly work on such socially sensitive topics.

    “We don’t usually end up on the other side of single-issue groups,” Gay said. “That’s unusual for us.”

    McCain was scheduled to appear at a union hall in New York City yesterday with a number of these groups as a demonstration of how the expanded guest-worker program is attracting broad, bipartisan support.

    The White House has sent signals to Republicans in both chambers that it favors comprehensive reform, which could include an expanded temporary-worker program. House leaders passed an enforcement-only bill under the assumption that the Senate would take up the more politically difficult guest-worker issue.

    The anti-immigration crowd has political momentum at this stage in the fight, with congressional Republicans wary to cast any vote that could turn off their conservative base during this critical election year, but members will also have a hard time ignoring such a broad cross-section of business, labor and social groups with their own self-interested constituents.

    “We’re not trying to damage America,” Gay said. “We’re just trying to keep our restaurants open.”



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  • payur
    07-11 07:55 AM
    Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )

    Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor

    Thanks for the info. Mine is already filed FYI. I am trying to help my friends you missed the boat due to Attorney's inefficiency to file it at the right time and employers greed.





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  • DDash
    03-25 10:08 AM
    H1+H-4 Extension: Applied DEC/18/2007. No Lud. Still pending



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  • lazycis
    12-14 08:15 AM
    There is a clear guideline and it's written in the INA (Tiitle 8 USC 1153). You are correct that is goes from EB1-EB2-EB3 and that unused numbers are lost at the end:
    http://www.law.cornell.edu/uscode/html/uscode08/usc_sup_01_8_10_12_20_II_30_I.html

    (b) Preference allocation for employment-based immigrants
    Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
    (1) Priority workers
    Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
    (A) Aliens with extraordinary ability
    An alien is described in this subparagraph if�
    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
    (iii) the alien�s entry into the United States will substantially benefit prospectively the United States.
    (B) Outstanding professors and researchers
    An alien is described in this subparagraph if�
    (i) the alien is recognized internationally as outstanding in a specific academic area,
    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
    (iii) the alien seeks to enter the United States�
    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or
    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
    (C) Certain multinational executives and managers
    An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien�s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
    (B) Waiver of job offer
    (i) National interest waiver Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien�s services in the sciences, arts, professions, or business be sought by an employer in the United States.
    (ii) Physicians working in shortage areas or veterans facilities
    (I) In general The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if�
    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician�s work in such an area or at such facility was in the public interest.
    (II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154 (b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101 (a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
    (III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154 (a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
    (IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101 (a)(15)(J) of this title) before a visa can be issued to the alien under section 1154 (b) of this title or the status of the alien is adjusted to permanent resident under section 1255 of this title.
    (C) Determination of exceptional ability
    In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
    (3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    (i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
    (ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
    (iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
    (B) Limitation on other workers
    Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
    (C) Labor certification required
    An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182 (a)(5)(A) of this title.





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  • royus77
    07-10 10:10 PM
    IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
    Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )

    Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor



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  • kshitijnt
    01-25 03:12 PM
    I understand that I-140 petition is violation of F1. Is this correct? If yes, why not reject I-140?

    No According to my lawyer I-140 is employers petition. I-485 is your petition. You have not demonstrated immigrant intent if your employer files I-140.





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  • jnraajan
    01-18 11:11 AM
    Yes. 2001 to 2002 was the worst period as far as job market goes. I know, a lot of my friends left the country and went back to India. I was without a job for 5 months in 2001. Luckily, I had a secure job during 9/11 and afterwards. But, if 2008 is going to be anything like 2001-02, everyone should start preparing for it. Most of the members in IV might have an option to port their jobs, thanks to AC21. But, there are so many unlucky people who will have a tough time. From my past experiences and based on the current market, I think, banking is and will be the worst hit sector. Food Products, Medical, Insurance industries should be ok.

    I had a lunch meeting with the President of my consulting Company.(This is an american company). She met with a few CIO's and gave us their view points. Most of these CIO's are going to budget for new projects and products for this fiscal year and beyond. But, they said, they will be cautious in actually using the budget so early in the year.

    My personal opinion, If anyone is planning to use AC21 to port jobs, please do so carefully. If you already have a stable job, it would be best to hold on to it, instead of looking for better pay at this time.

    Good luck to everyone in this economy.



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  • talash
    04-25 04:31 PM
    some one help please





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  • ssdtm
    12-10 05:29 PM
    Checking visa documents before issuing License is one thing. Changing the shape and character of the ID to brand a person “different” is another and purely discriminatory and bad in taste.

    It is like wearing a band on your sleeve with “Immigrant on H1” or “Immigrant on EAD” written so that all the people one interacts with can know that.

    DL is an ID used on daily basis by people – from airport, to get loans, to get insurance, and sometimes even to buy items on credit card.

    Visa status is of no business to any one except Immigration or may be law enforcement authorities.

    Give license for the date as long as the visa is valid. Sounds okay. But discriminatory branding of a person's status via his ID is not just an immigration issue; it is a human rights issue. These kinds of laws are more insidiously un-democratic and discriminatory than it may initially look like.



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  • realizeit
    06-03 11:53 PM
    Salawrene,

    Just now, I sent you a PM with some questions. It would be great, if you can go through my PM.

    Sincerely appreciate your willingness to share your experience.





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  • rameshvaid
    06-22 01:39 PM
    Hello,

    My application also returned for the same reason (no I485 receipt notice attached) from Phoenix. Not sure what to do at this time. I never received I485 receipt notices. Hence, I have attached biometric notices in place I485 receipt notices. I have added a cover letter requesting to expedite the process. I am not sure if this request caused some mental disturbance on the person who is supposed to work on my application and may have sent me rejected notice.

    I got my wife's and sons entire packet back with the exact remarks, "Incorrect Check amount and no I 485 attached". I had both correct amount of 340.00 and Copy of I 140 attached..I e-filed on June 15th again and waiting to see this time what excuses they come out with now..I did get the receipt notices for both of them yesterday.. What a joke??





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  • lazycis
    12-19 03:41 PM
    1. If I-140 is not yet approved and withdrawn, you lose I-485/AP/EAD.
    2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)

    http://www.hooyou.com/eb-1/faq.html
    Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?

    A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.





    sixburgh
    05-05 07:41 AM
    If I were you, I would not have gone with the repeat of X-ray test unless it was absolutely necessary. X-ray are very harmful to the human cells and tissues. It was a ( Probably honest) mistake by the doctor who was going to give the correct report...and you forced him to take the x-ray again!! hmmmmm....I have nothing more to say.

    I did not force.
    The RFE clearly stated that "Civil Surgeon Should also attached a XRAY report".
    It did not say this, which I wish it did, that "if tb test shows that there are signs of tb, then the civil surgeon should administer a xray and attach the xray report".

    The language in the RFE caused my lawyer to say that, to have no issues, its always best to follow the RFE language code exactly, even if did not make sense. One should always give more data in the RFE response than needed.

    Let me tell you one thing, the RFE language/sentence completely contradicts the rules written on the new i693 form or the document which has been created for civil surgeons on how to do medical tests for immigration. In those documents it clearly says that take an xray IF required, ie, if the tab patch grows beyond certain millimeter etc...But since the RFE clearly asked for it, I had no choice but to force the civil surgeon.

    One writes the rules and others misinterpret it because the language is ambiguous. Its better to be safe than sorry. USCIS has hired new people to do adjudication. None of them are experienced. I dont want them to generate another RFE or deny.





    prince_waiting
    02-23 09:05 AM
    Bank of America(BOA) being a financial institution must have analyzed the risks before deciding to give credit cards to illegal aliens (no credit history and no SSN) and this would have been possible only with BOA having some kind of insider information on the status of the CIR.

    My take is that BOA execs. know that the CIR is going to be passed in the summer. BOA knows for a fact that these 10-12 million illegal immigrants (read future customers) will have valid SSNs within the next 1 year or so.

    This BOA action not consistent with traditional banking norms, is a precursor to the passing of the CIR in the house in the comming summer.



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