Monday, June 13, 2011

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  • NolaIndian32
    06-24 01:07 PM
    Called and left message today.




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  • needhelp!
    02-12 03:25 PM
    waiting4gc has 144 letters to his credit.
    Thank you!




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  • abhijitp
    02-28 07:01 PM
    13 in the pipeline:
    Got another 11 from ex-colleagues at a client location, plus 2 from a friend's friends!

    I will confirm my new tally after I get hold of them tomorrow.

    Of course, much more work needs to be done here... hope folks in NORCAL are listening!




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  • rajuram
    06-09 12:44 AM
    Well, it is all politics. All they can see right now is 12 million ill-legal people who will some day vote for some party. That is a big and growing vote bank which they can not ignore. Who cares for people like us? NO ONE. We are less than 0.5 million, most will probably never show to vote if granted citizenship. No one gives a dam for taxes we pay etc. The only chance that we could have is with the big corporations, but they too are quite for now. Jobs will simply move to other parts of the world.

    Current generation of politicians here simply do not have the foresight. Reminds me of back home where politicians use to give out blankets to the poor before the elections to win votes.

    May be it is the best for us that this bill has stalled, may be IV will have better luck next time. Let us all wait and see.



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  • gccovet
    06-28 05:21 PM
    I have some questions:

    I have EAD and AP, but i never used it. Still working on H1.
    My wife used EAD but never went outside US..so never used AP.

    1) In EAD form, for Q.15 Current Immigration Status for me and my wife?
    2) In AP form, for "Class of Admission", what should I write for me and my wife?

    Thanks


    Q15: For you = H1B For Wife = AOS Pending

    #2 Assuming you entered on H1 and wife on H4 (no Student/visitior etc)

    You =H1B Wife =H4

    GCCovet




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  • stucklabor
    03-17 07:26 PM
    Piyushpan, I see this provision as:

    1. If you have an advanced degree from the US after the bill is passed
    2. If you are smart enough for EB1 self-sponsorship OR can find an employer to sponsor you as Eb1 or Eb2
    3. Either way, you need to go through I140.
    4. Then you can file for Adjustment of Status, either concurrently, or after the 140.

    I am not sure if you will still be subject to the numerical quota, or if you have to go through labor cert..

    I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.


    Hi,
    Based on the summary if you re-look at the student visa section of Bill Frist's bill

    `(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--

    `(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;

    `(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;

    `(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

    `(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.

    `(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.


    What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)

    Or have i got this wrong?
    Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.



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  • Jaime
    09-06 05:08 PM
    I got 2 positive responses from orkut members in DC.

    One said Oh ok, I will.. so this person didn't even know about it until after seeing the scrap.

    Yes I posted scraps on individual members' scrapbooks, not just community posts.

    I suggest if you are on orkut, scrap any and every one in DC communities, if a lot of people ask them to come, they will know how important it is!!

    Great idea! Why don't you start a thread on using ORKUT? It would be helpful!




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  • breddy2000
    05-31 08:39 AM
    I am a master's from US in STEM too with more than three years oof experience but I am not thinking like you.
    We all should benefit.

    " WILL NOT REDUCE BACKLOGS"
    " MORE OVER WAIT AND WATCH SAYS IT JUST LIES ON THE TABLE"


    Reallocation of Immigrant Visa Numbers

    Immigrant visa quotas would be substantially realigned under S. 1348. Our current law provides for a baseline annual quota of 140,000 immigrant visas for foreign nationals immigrating on the basis of employment. In the past several years, a backlog has developed in several employment-based immigrant categories, with multiyear waits for some prospective immigrant workers. The Senate bill would, in the first five years after enactment, increase the quota for merit-based and employment-based cases, in part to address existing backlogs. An estimated 247,000 numbers would be available for work-related immigration. Beginning in the sixth fiscal year after enactment, however, the quota would drop to 140,000 numbers per year. This level would remain in place for at least two years, until approximately the eighth year after enactment, when the quota would rise to a baseline of 380,000 per year, with additional numbers made available for previously undocumented immigrants who become eligible to apply for permanent residence.

    The bill would also realign quotas for family-sponsored immigrants. Visa quotas for family-based immigration are currently set at a baseline of 480,000 per year and are subject to very lengthy backlogs, ranging from five to upwards of 20 years for some family categories. The Senate bill would initially increase visa numbers by more than 100,000 per year in order to reduce the family backlog; however, after the conclusion of backlog reduction efforts, the family-based quota would fall to 127,000 per year.



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  • jonty_11
    11-08 04:56 PM
    latest from CNN:
    WASHINGTON (CNN) -- President Bush set out a new approach Wednesday in the wake of what he called a "thumping" for Republicans in the midterm elections.

    Immigration and minimum wage measures are areas of common ground to discuss when he meets Democratic speaker-to-be Nancy Pelosi later this week, he told reporters at the White House.




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  • gapala
    03-20 08:31 PM
    LAR (Last action Rule) will not applicable in this case. It is applicaple only in change of status ( like H1B to H4 or L1B to H1B). Not in H1B to H1B. If you continously maintained H1B status, you are OK, as long as the H1B approval is valid employer2. Employer 1 or Employer 100 can file H1B, even without your knowledge. Therfore, you dont worry. As you were authorized for employer 2 for that period and you worked for them in that period, you are OK. Exlain them in detail with the evidence of H1B approval for employer 2 and pay stubs. Any way, consult an attorney.

    Trouble is only if this is a transfer. By the way LAR is applicable on status (L1,H1, H4 ect.). Work for Emp 2 is whether "authorized" by CIS or not, depending on New H1 vs. Transfer.



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  • kumar1
    03-13 04:24 PM
    Guys wait till you see "real" bulletin and even if mirror to what has been placed to Mumbai Consulate, EB3 will forward perhaps slowly now but picking up. EB3-India with PD 2004 mid and before will not have to worry that much.

    BharatPremi -- On what basis are you saying that? There are 1000s and 1000s of L1 VISA holder from India....there are at least 30,000 H1-B that come from India every year, most of them file under EB-3 category and then have wives and kids and they consume visa number.

    I think EB-3 India will never move forward. I would love to know the reason behind what you just said about EB-3




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  • walking_dude
    10-19 01:42 PM
    Thanks to Logiclife for Linking to us from the Homepage of IV. A rare honor bestowed for the very first time to a fledgling state chapter. MI chapter shall forever be grateful!

    Goes to show the importance of State Chapters to the IV Core and the IV strategy. And the kind of support we get from IV core to our activities.



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  • singhsa3
    07-17 10:22 PM
    What freedom and justice you are talking about? The folks on this forum are not responsible for you misery. So stop venting you frustation here. Though, I sympathize with you situtation but unfortuantely the whole legal system is unfair.
    What we have done here is a good start, soon we will lobby for passing of SKIL bill . And the day is not far when you too will be benefitted by these efforts

    Are you the guy who came up with a stupid idea of creating an entire thread for banning people? You probably don't even know the definition of Freedom and Injustice and you say you studied in US (did you pass?). and hey my earlier post was not a response to you.




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  • reachinus
    07-20 11:25 AM
    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. Anyother 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.


    Here are my answers, may be wrong use it at your own risk.

    1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
    No u cannot. Since u said the valid date is from Nov 07.

    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.
    U have to leave the country and re-enter agin so that u will get a new I-94.

    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.
    I don't think its possible, may be worng.

    4. Anyother 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.
    Its illegal to work before the start date mentioned and also since ur I-94 will expire u have to leave the country.



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  • chiru229
    06-10 03:10 PM
    Given that the dates have moved to Oct 05, for someone with a PD in Mar 2005 how long will it take from now to get the actual card.

    -Chiru




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  • gaz
    03-05 09:44 AM
    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_2_Streamlining_Employment_Based_Im migrant_Processing_USCIS_Response_04-27-06.pdf

    "On April 27, 2004, the Ombudsman sent an information request to USCIS for a breakdown of data for pending employment-based applications for adjustment of status to be broken down by preference classification, priority date and country of chargeability. This request attempted to reflect similar data contained within the Immigration Annual Statistical Handbook, Chart 5, for completed cases. The Ombudsman’s interest in pending employment-based workload is in part a reflection of the broader issue relating to USCIS’ ability to support the Department of State in accurately forecasting immigrant visa requirements and the visa issuance process."

    "This update will enable USCIS to identify 100% of the pending employment-based visa cases. It is anticipated that this exercise will be completed by April 28, 2006. Once this exercise is complete, USCIS will be able to extract data relating to the priority date, country of chargeability and preference classification. USCIS has already entered into discussions with the Department of State to provide this detailed information not only for pending workload but for visa regressed cases as well to allow DOS to accurately manage future visa allocations in regressed workloads."


    [updated]
    http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315




    so are we getting anything different from what the ombudsman has already requested (and received?)



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  • Jitamitra
    11-15 11:12 AM
    Enrolled for $100 monthly contribution.




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  • amitjoey
    05-28 03:34 PM
    Thank you truthinspector, ilamurugu for your contributions

    Total: $ 8900

    Thank you rayoflight for your encouragement.




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  • go_gc_way
    07-18 11:41 AM
    I think you will be exempt from quota.... not 100% sure.




    shaikhshehzadali
    03-21 09:10 AM
    What the hell do u mean?
    How many people in EB2 do a different job from EB3?
    Most of the people in EB2 almost do the same programmer job. I have been in this country for a long time. I have friends who have done their MS from colleges like stanford, santa barbara. I don't see a difference in their role. I have more than 10 yrs of exp. I have worked in different roles too.
    For jerks like u to come and talk abt people in EB3 being unskilled, makes me sick.

    Shut the f*** up

    And I think you need some reading lessons .... read my post ... the comparison is between categories for eg EB2 for IN/CHina vs EB3 for ROW
    In any case the classification is not based on one's country of origin or individual's personal qualifications ... it is based on what the job requires. heck an individual having Phd can get a job which requires only 2 yrs study and no exp that doesnt mean that they are any less qualified that a person in EB1 for any country .... but the most value gained is in the EB1 category job....hence the argument.... nothing to do with where you are born or what individual qualifications you possess .... Im sure you are highly qualified and educated ... think and read ...




    piyu7444
    03-20 10:01 PM
    Thanks piyu7444.

    Yes there is and it is called visa portability. :)

    Ok, Here's the law says about so called "transfer"

    D. AC21 105 -- Visa portability
    The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:

    (a) the nonimmigrant was lawfully admitted to the United States;
    (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
    (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.

    The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.

    Further it says,

    The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.

    There are few other memo's on this I will try to post the links for reference

    Good information but 'transfer' is a widely used word which is technically incorrect. "Transfer" never happens, its always a NEW PETITION when one switches employer or applies (through an employer) for authorization to work for new or 2nd employer. Probably 95% immigrant community including lawyers use the term 'transfer' but it is indeed incorrect.



    Thanks to all who shared knowledge and pitched in.



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