Wednesday, June 8, 2011

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  • guesswho
    06-02 11:10 AM
    >>>




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  • pitha
    05-31 10:49 AM
    You are right but unfortunately history has thought us that when it comes down to GC versus H1b everybody is willing to throw GC under the bus to get H1b provisions.

    This current bill is no exception, h1 increased from 65,000 to 115000 with triggers to increse it to 185000, but no provisions for green cards.

    a exclusive emendment with GC will be the only way out. nobody is offering such amendment and if somebody offers it might be ordered to lie on table.

    Text of almost all filed amendments is available in congressional record on Thomas. This one has been available since Friday.

    S.A. 1249. Sponsored by Maria Cantwell and co-sponsored by Cornyn, Leahy and Hatch

    It creates a parallel merit-based employer sponsored category without touching the existing merit-based self-sponsored category.

    The merit based self-sponsored category is the crappy points system. This is in parallel to that, without touching anything in points system. They have created an exact parallel replica of today's EB1, EB2 and EB3 system with labor certification and the whole enchilada where you need employer sponsor and there is not points or anything.

    EB1 = 33.3%, EB2 = 33.3% and EB3 = 33.3%. Definiation of EB1, EB2 and EB3 would be the same as it is today.
    Total quota of 140,000 with automatic recapture of previous years unused GCs.
    Exemptions for US masters and non-US STEM masters with have 3 years experience in that STEM field.The risk factor:

    Now, the bad part ... the achilles heel of every high-skills amendment is the tethered H1B quota tricks. They are exempting everyone who has US masters or a non-US master in STEM from H1 quota, effectively making H1 quota = A LOT MORE.

    The exact same radioactive provision for H1 quota is also in Lieberman-Hagel amendment 1242.

    This will sink both of them unless either there is some inside deal going on that we dont know, or they strike out the H1 issue from this on the floor of the senate at the last minute and be content with H1 quota of 180,000.




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  • Totoro
    05-11 11:03 PM
    The IRS webpage is saying something different. It makes it clear that you need the
    SSN in 2008. (Second and last question on
    http://www.irs.gov/newsroom/article/0,,id=181995,00.html)

    .

    Q. If I currently have an ITIN and file my return but later this year get an SSN, can I amend my return to get the payment or will I need to wait until I file my 2008 return to claim it?

    A. You will need to wait until you file your 2008 income tax return to claim the economic stimulus payment. [New 4/14/08]

    You file your 2008 return in 2009.




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  • kevinkris
    07-19 05:57 PM
    Hello,

    I'm also in the same situation. My labor is approved May 2007. I'll need to apply for both 140 and 485 together. Can I do it at the same time ?? or do I need to file my 140 immediately and then 485 after a few days. Time is running out now, as we never know when USCIS would again stop accepting 485s. Please advice.

    Thanks
    I think you can file I-140 and I-485 at same time. You no need to worry.



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  • pmmo
    10-25 11:44 PM
    Hi,

    Thought this may be some helpful information. I contacted an attorney and she showed me a recent circular (dtd. Spet 26) from AILA about premature I-485 approvals and how that can be corrected through an AILA liasion. So, Alias, looks like your attorney followed the same procedure.




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  • godspeed
    06-24 10:42 AM
    answers inline

    Trying to apply AP for spouse, his last entry into US was on F1 but since then he's been through H1 and current status is AOS filed. Should the Class of Admission be F1?
    Whatever he used last to enter US, in this case F1(class of admission will be mentioned in the i-94 stamping

    Which I-94 copy should be attached, the one that was stamped when he last entered US, or the latest I-94 he received from his last H1 filing?
    I would attach both copies to be on safer side and avoid any RFE's,however i have never sent i-94 copies. Please take a look at my blog for list of documents/cover letter for AP. Hope you find it useful

    Thanks in advance ..



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  • Pineapple
    06-26 10:00 PM
    Thanks for calling rongch60..
    Welcome to IV!

    I just called and was asked for names and comments. I told her my personal experience: came 10 years ago, worked 5 years, approved I-140 2 years ago, stuck in the queue, working as a scientist at Stanford University, and can not apply fund and have difficulty attending international conference. She asked the state I am from. I strongly urge TX members to call. It is very easy.




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  • Jaime
    09-04 05:17 PM
    Someone asked earlier, who changed their mind after reading Jaime. I did after one of his earlier posts.
    I was decided on not going, but then as I spent more time on this forum, I realized it is definitely the right thing to do. If not us speaking up then who? Simply answer that. How do lawmakers even know that we exist, that an injustice is happening to us, that we feel frustrated about our situation. They keep getting lopsided anti immigrant venom from some well organized and well funded groups and keep hearing about illegal immigration. Our pain however has resonance with them. We played by the rules, we came and lived legally at the invitation of our AMERICAN employers and the US gov't certified that there is no one to take the jobs we are doing, we paid taxes, we have integrated into society and we are asking, why are we being made to wait this long?
    What's to feel bad or shy about in that?

    I'll tell you something, those who are skeptical simply do not understand how this country works. It is a representative democracy and people pressure and protests and lobbying DO WORK. Otherwise lobbying would not be the biggest growth industry of the day. There is no other way to inspire change, and it has been, can and will be done. I have seen it time and over again.

    The final point I wish to make is, those coming to this rally have pre-selected traits. They are the pre-selected ones who are programmed to be successful in this country. They understand it and are proactive and entrepreneural and willing to spend, take risks, take a leadership, are responsible and will do the right thing. These traits have been and will continue to be rewarded in the long run in this country. I wish we can project that our community has many of these people.
    Those meek, follow the leader, risk averse, miserly, behind the back types, may have their little breadcrumbs but will never have the attributes to achieve anything of note in the USA anyway. They will continue to find lame excuses for their lack of progress.

    Every reader needs to decide for himself which type he/she is.

    Alterego, what great news! You WILL NOT REGRET coming! I totally agree with everything you say! At least we know that we will have stood up for our rights and we will be proud to tell our children that we did so!

    Besides, you are absolutely right. This country takes notice when people speak up! The problem is that that's not the case in our birth countries, and thus we are not hard-wired to speak-up! But if we make an effort we will definitely see the results! When people speak up and make a case for their basic rights then they are given those rights! But the rights will be taken away if we give them away, and the way to give them away is to remain quiet! This is a country where the fittest survive, and people will take what is yours if you do not claim it and/or protect it!

    We will make our voices heard, and we will end retrogression! But we cannot do it without us all joining together!



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  • gc_maine2
    06-30 08:46 AM
    This is an excellent news logiclife.




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  • hydboy77
    02-14 11:40 PM
    USCIS does not work for you or me but sure you can go and ask them for prefiling AOS but not to issue RFE for same job requirement condition and other haressing rfe. how can you say we cannot ask USCIS not to raise RFE for irrelevant stuff,I guess you are ok with all the RFE that are being issued by USCIS on h1 holders currently. Sure some of those rfe are valid ones but vast majority of them are to kick h1 out. Does USCIS or any other department issue rfe to GC holders when there is something "fishy" as you put it. Like I said as long as you work in the relevant field in which your labor got certified we can ask to be left alone. Its one thing to get an rfe for birth certificate, medical records and another thing if you are issued the sort of rfe that are being issued to h1. You and all the people who missed out on July fiasco obviously want to file AOS and get EAD at any cost (i understand and support that ) but what about us who have been here for 5 to 10 years and took us multiple years of wait to file AOS and get EAD. Without strengthening AC21\EAD and allowing everyone to file AOS is going to attract USCIS, grasley, sanders and all anti eb folks attention.

    You have a great plan, come to US on H1 and within 6 months get EAD and you are free from H1b crackdown by jumping to EAD. You think USCIS, Grasley, sanders, and anti eb folks are a bunch of idiots, they will send you and me packing with the same rfe they are hitting h1 folks with if everybody gets to pre file AOS and get EAD. that is why you need to strengthen ac21 by removing same\semilar job condition and other potential h1 like rfe's, otherwise you will drag us down along with you and turn ead into h1.

    Anyway I have made my point in this post and all my previous posts. ASK anybody who has been waiting for last 5 to 10 years without GC If what I said is wrong or laughable. I am not one of those bitter folks who says its my way or the highway. Good luck to you guys.

    Dude,
    Be pragmatic. How can you ask CIS NOT to raise RFE's for EAD extensions? If they find some thing fishy they would definitely dig the issue. Remember, CIS is not working for you or for me. I cannot stop laughing!

    Even now I do not understand how prefiling of AOS is related to Remove\dilute same similar job requirement? If you feel there is so much of importance for your SO COMPLEX CUSTOMIZED REQUIREMENT then why dont you start a new action item and gather people? Believe me I would be the first person to support you, because I understand the issue and I would like to work as a team. All I am saying is do not mix up the action items.

    I hate to say this but your post is SO ridiculous which clearly implies that there is no place for people in IV who have PD's after may 2007.
    I have a strong advice for you... 'THINK B4 U INK'



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  • rsdang
    06-04 10:39 AM
    Can't agree more :mad:

    With Fragomen for 7 years now - right from initial H1B through work visas for - UK, Austria, Germany, Uk, China and GC in USA...

    I have nothing but great things to say about them... Yeah there were some small hickups - its only human - Nothing big though.

    I am sticking by them.




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  • desi3933
    07-19 05:14 PM
    Hi,
    1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.

    Here are my questions.

    1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?

    2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.

    3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.

    4. Another suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.

    Thanks in advance.

    Re-enter USA with H1 visa stamp.


    ___________________
    Not a legal advice.



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  • mbartosik
    09-25 11:23 AM
    I have used Fragomen in two different situations...

    1) Contracted by my employer. This was frustrating from my perspective. I felt a little like an object, mostly dealt with paralegals.

    2) Contracted by me. This was much better, I could call the attorneys up anytime, and get an answer when I needed it. Had excellent relationship with paralegals.

    These were two different departments.

    I do think that I suffered from some less than optimal advice, filed EB3 when EB2 would have been better. That was in 2002 when EB3 EB2 EB1 for all was current. EB2 was a tougher sell to Dept Labor, but I think would have worked, attorney didn't want to risk, and wasn't sure if a downgrade would be offered if EB2 failed.

    One thing was consistent.... expensive.

    I all but begged them to send out an email to clients referencing DC rally.

    I have raised the idea with core of adding a field(s) to profile giving attorneys name/address. If we have a lot of members with Fragomen, maybe we could write a group letter asking them to send out a mass email to other clients.

    So please be civil in these public forums.




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  • ca_immigrant
    05-21 05:06 PM
    Today also I sent an email to some of my friends requesting to look at this thread and donate...come on guys ! as someone said before antis are sittingon a lot of $$$ we need to contribute.....!!!!



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  • Refugee_New
    04-17 10:16 AM
    I filed my labor twice with Fragomen and got rejected in 2001 and 2002.
    Just for H1B visa extension they took more than 9 months. Although they have all my papers for months. Eventually, I had to leave my employer for good.

    Stay away from them if you have choice.

    In my case they took 10 months to file my labor back in 2001. Instead of filing my case in June 2001, they filed my LC only in the middle of Feb 2002.

    Also they never provide any update. Whenever you call them, they are always away from the desk and wanted us to leave a message. Even if you leave a message you don't expect any response from them.

    When my I-140 was approved back in 2006, they filed my 7th year H1 extension. They chose 1 yr extension instead of 3 yrs. I pointed out that mistake 3 times and i never singed the form till they corrected it. It took four attempts to file my H1b extension.




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  • gc28262
    07-18 12:11 PM
    <quote>
    Welcome our new friends to share the green cards. Welcome our new friends to share the green cards.

    http://www.informationweek.com/news/...leID=209100686 (http://www.informationweek.com/news/management/h1b/showArticle.jhtml?articleID=209100686)
    <quote>


    Where are they allocating visa numbers for this category from ?

    Fresh visa numbers ?
    Family based category ?
    Employment based category?

    .



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  • willIWill
    06-10 04:40 PM
    Guys many have missed an important part of the bulletin. The Family based section , where F2A has advanced to July 2008 and also the below quoted excerpt from Dos in the Visa bulletin.

    What this means is that there are a lot more of the family based visas which may not be used before the FY end. These visas will be included in the next years EB visas(for all EB's including Eb3). For 2010 we got about 9-10K excess. For FY 2011 that number will be significant. Also look at the murthy article on the FB visa subject.

    MurthyDotCom : CIS Ombudsman's Office Addresses Key Issues (http://www.murthy.com/news/n_ombkey.html)

    -------------------------------------------------------------------------
    D. VISA AVAILABILITY IN THE FAMILY-SPONSORED CATEGORIES

    There continues to be extremely rapid forward movement of most Family preference cut-off dates. This is a direct result of the lack of demand by potential applicants who have chosen not to pursue final action on their cases, or who may no longer be eligible for status. The rapid movement provides the best opportunity to maximize number use under the FY-2010 annual numerical limitations. Should applicants eventually decide to pursue action on their cases it will have a significant impact on the cut-off dates.
    -------------------------------------------------------------------------




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  • pitha
    05-31 10:49 AM
    You are right but unfortunately history has thought us that when it comes down to GC versus H1b everybody is willing to throw GC under the bus to get H1b provisions.

    This current bill is no exception, h1 increased from 65,000 to 115000 with triggers to increse it to 185000, but no provisions for green cards.

    a exclusive emendment with GC will be the only way out. nobody is offering such amendment and if somebody offers it might be ordered to lie on table.

    Text of almost all filed amendments is available in congressional record on Thomas. This one has been available since Friday.

    S.A. 1249. Sponsored by Maria Cantwell and co-sponsored by Cornyn, Leahy and Hatch

    It creates a parallel merit-based employer sponsored category without touching the existing merit-based self-sponsored category.

    The merit based self-sponsored category is the crappy points system. This is in parallel to that, without touching anything in points system. They have created an exact parallel replica of today's EB1, EB2 and EB3 system with labor certification and the whole enchilada where you need employer sponsor and there is not points or anything.

    EB1 = 33.3%, EB2 = 33.3% and EB3 = 33.3%. Definiation of EB1, EB2 and EB3 would be the same as it is today.
    Total quota of 140,000 with automatic recapture of previous years unused GCs.
    Exemptions for US masters and non-US STEM masters with have 3 years experience in that STEM field.The risk factor:

    Now, the bad part ... the achilles heel of every high-skills amendment is the tethered H1B quota tricks. They are exempting everyone who has US masters or a non-US master in STEM from H1 quota, effectively making H1 quota = A LOT MORE.

    The exact same radioactive provision for H1 quota is also in Lieberman-Hagel amendment 1242.

    This will sink both of them unless either there is some inside deal going on that we dont know, or they strike out the H1 issue from this on the floor of the senate at the last minute and be content with H1 quota of 180,000.




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  • texanmom
    08-14 05:52 PM
    Alisha has been my immigration attorney since I completed my schooling. She did my H1B, labor and I140.

    She has been very very responsive, and is now a great personal friend. I'd be happy to recommend her to everyone who needs an attorney.

    Alisha Clester Campos,
    Morley & Morley, P.C.
    5909 West Loop South, Suite 300
    Bellaire, Texas 77401
    713-839-9955 Phone
    713-839-7249 Fax




    camarasa
    07-05 11:53 PM
    Well I filed under Rest of World" and EB2 back in August of 2006 when it was current for me (it’s always been current for me since then). I filed both my I-140 and I-485 together. I have done the fingerprinting etc and even replied to a RFE for my I-140 (well my company did). On June 1st I got my company to submit an "out of processing time" request which gives USCIS 45 days to come back with a decision or reason for not approving it. Now after all this fiasco my lawyer is telling me that my I-140 will continue as per usual (since it's not affected by all this) but my I-485 will not be approved until after October 1st. I don't agree with him, I believe part of the 60,000 visa numbers have been allocated to those that are pending and current (so they haven't been approved but have already been allocated). Does anyone agree or disagree?




    Tito_ortiz
    12-01 01:31 PM
    I did not want to initiate that discussion because it may be a long one, but let me share my experience:

    My recommendation is that folks take an MBA only if you already have a firm position in mind that you want to go for an executive or upper management position in the future. That line of thought is specially applicable when you are paying the whole thing from your own pocket !!! Before working in a management position or taking the MBA, I did not know how much I liked the idea of becoming a CIO or CEO. I tought I knew it, but until you actually experiment it, as many things in life you don't know for sure. Well, after completing 50% of the program I realized that was not my short or mid-term goal to work as an executive reading accounting net income balance sheets or maketing professional, even if I had the GC handy.

    In my personal opinion, taking an MBA merely to enhance your project management when you are PAYING FROM YOUR OWN POCKET it may be a very bad strategy. If others are paying for you, of course that is fine, but it is not the case for many of us. I had only one or two courses related to project management anyway.

    If you just want to enhance your project management skills, you might want to invest in way more direct courses such as PMP, ITIL, Microsoft Operations Framework. You should be able to complete those with a fraction of the cost and time of an MBA and probably achieve more return and knowledge than what the MBA can offer you when it comes to project management.

    For those who are sure you want to read balance sheets, work with marketing analysis and go away from the hands-on experience, then MBA may be right for you.

    I don't want to discourage you, but there are documents out there showing that MBA's are overrated and the importance of it is under scrutiny. Since I already found offers from multiple employers who were willing to pay 100% (if you are a qualified professional like us, it is not difficult to find employers willing to pay for it once you can change jobs) personally I thought I could wait a little longer to get the MBA and invest in IT certifications now paying from my own pocket.

    Just my humble opinion.



    I dont mean to discourage folks here...

    But here is what I have seen more often with MBA. Techies like programmers, business analysts in IT sector have done their MBAs from good schools and ended up doing the same job EVEN WITH GREENCARDS.

    I have seen GC holders doing MBA and then after finishing MBA ending up with same job description with a 5% increase in pay.

    So please do your research in HOW MBA is going to help you in your situation. Your job and your INTENDED JOB POST MBA may not really need you to have an MBA. And I have seen this way too often. So think before you pluck down 30,000 dollars on a degree that might do little benefit financially after you complete it.



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