Tuesday, June 28, 2011

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  • chandarc
    07-21 11:01 AM
    Anyone interested in email template I used to send...?pls let me know.

    chandarc July 12 2010 --------------- Automated email response




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  • sledge_hammer
    02-12 02:31 PM
    You are missing the point here again and taking whatever I said out of context!

    Read the OP's issue again. She never said that she did not understand the laws fully. In fact both her and her desi consulting company know the immigration laws too well and have found loopholes to take advantage of it, which is morally wrong. Now tell me if it is wrong when I say this; If you know you are going out of status because you do not have a job, and you still do not change your status back to H4 in the hopes that you'll eventually land a job, then you have no right to stay in this country.

    Please refrain from bringing in the refugees, their struggle and hardships and try to dilute what I have been saying in this entire thread!

    Sledge_Hammer - You are so shallow in your thinking!

    Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.

    Please do not be so harsh on forums.


    I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.




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  • kshitijnt
    07-09 02:48 PM
    I am in a similar position but working on 3 months contract through a consulting company on w2. It is similar to my 485 job details, but it is a short term project.

    Would I get an RFE if I work on contract on W2?

    In my personal opinion, you should look out for permanent offers. I tend to prefer 1099 contracts as opposed to W-2 because 1099s tend to make stronger case for self employment.




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  • ragz4u
    05-02 10:45 AM
    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.



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  • gondalguru
    08-18 06:35 PM
    Stop fighting / dividing EB2 EB3 groups. EB3 filer should be able to port PD under EB2 category if he/she qualifies and obtains additional education / experience / qualification.

    FIFO policy will help everybody (EB!, EB2, EB3)and keep things in order. I don't think there is anything wrong asking IV to involve in this matter as it is for everybody's benefit and not just EB2-I.




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  • franklin
    07-05 11:06 AM
    Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.

    Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all



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  • vsattri
    08-27 12:59 PM
    July 30th. No news yet.




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  • black_logs
    05-03 10:37 AM
    Yes, that is one of the parts I loved in this bill.
    We have to go to a consulate in our home country to get VISA stamping.
    1000's of us are affected. SKIL bill Section 402 is addressing this.



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  • jthomas
    05-08 10:42 PM
    How about framing a letter and getting 5000 copies through a printing press for $125/- and send it to all the lawmakers, press media. We have done a flyier campaign for IV how about a flyer campaign again.
    :) The stamps would be getting expensive, Buy it today or tommorrow from Costco (100 forever stamps for 41 dollars:(

    It is true that country quota is a discrimination. But when you just try to remove the country quota other country persons are going to oppose as they will be impacted if country quota is removed. But if you try with other agenda like recapture then opposition may not be strong and also every one will get benefit.

    QUOTE=hindu_king;339926]Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


    Subject: Discrimination of Indian Immigrants

    Dear President Obama,

    I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

    One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx[/QUOTE]




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  • Rohan99
    10-12 12:42 PM
    Whatever bluesky1 said is true...finally they opened our box. Today I called and rep gave me only I-485 receipt number and told me to wait for mail. USCIS likes everyone to wait for every thing......I have no more information but as soon as I get mail I will post all the info.

    3rd july people should call now and I am definite we all were sitting in same box.


    What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....

    Receipt is from NSC



    I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
    Hope every one of us will receive our receipts, EAD and AP asap.



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  • simple1
    05-01 09:38 AM
    caliber,

    I belive It is not 10-15 years.

    actually, even after correctly following the law, in case of EB3, families may get it earlier.
    VB date for 2A (family quota) is 08OCT04
    VB date for EB3 is now un available.

    In my case (EB2). The VB date is 15FEB04. Families VB date is 08OCT04(my spouse). Only 6months diff.

    gurus, correct me if required.




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  • gc_dream07
    07-19 09:37 PM
    I agree with move. I will participate. Please add EB1 also in the list. EB1 also should get the GC based on priority as the title of the thread says. Also remove the country quota. That will make it purely first come first serve basis. Everybody is treated equally irrespective of country or background.



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  • ski_dude12
    08-25 05:00 PM
    Any idea how long it takes for a decision once it has been assigned to an officer?

    My wife's case was assigned to an officer on Aug 11th.




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  • desi3933
    07-09 11:01 AM
    The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.

    Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).

    This LAW should explain the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.


    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.

    ============================

    My points -

    a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.

    b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.

    c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.

    ______________________
    Not a legal advice.



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  • Administrator2
    11-18 09:50 AM
    done... Congressman changed in recent election.

    Newly elected lawmakers are not members of the Congress until 7th January, 2011. In the lame duck session i.e. time between elections and end of the year, the same lawmakers will continue to vote even if they lost their election.

    The names of the Members of Congress is correct.




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  • wantgc23
    09-09 08:34 PM
    In current situation Labor is impossible for approval. My attorney told me clearly that labor is impossible to approve in this bad economy and wastage of money.

    This is a very valid point.

    Only options I see are

    1. Follow IV's advocacy efforts

    or

    2. Just dont care about the damn GC and Live life :)



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  • maverick_joe
    05-02 03:51 PM
    go EB3 go!
    its high time they moved the dates in the next bulletin..my prediction

    EB3 I - Nov 2002
    EB3 ROW - Dec 2006




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  • jsb
    08-14 08:47 AM
    EB2 India
    PD 5/04
    I-140 approved 6/06 at TSC
    I-485 filed July 2 at TSC

    No receipt or check cashing yet !!!

    By the way, latest update by TSC shows TSC at 6/28/2007 (only 2 days move!!). NSC is still at 7/1/2007




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  • sam2006
    07-19 07:58 PM
    Could you please let us know hwo to do it ?

    I think Admin Can do it

    Making it sticky the post always shows up in the top




    diptam
    07-02 09:35 AM
    If there is a revised bulletin which shows that your Priority Date is retrogressed then your's will be thrown off ....

    I mean you missed a golden opportunity because you had whole of June
    to file - i know its not your fault , just stating the Fact.

    I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...




    rajenk
    01-24 03:19 PM
    All,

    I appreciate all your inputs on the below mentioned scenario.

    1. Company A filed I-140 and approved.
    2. Got H1B extension for 3 years (8,9,10th years).
    3. Applied I-485 and it is past 180 days.
    4. Now Company B hires using H1B and invoking AC21


    Stage 4 in detail:

    a. Filed H1B transfer and got approval.
    b. Informed USCIS about job change with AC21 portability.
    c. Submitted new employment verification letter from company B

    Now coming to the questions.

    1. Would company B be able to request for another 3 year on H1B or only the remaining period will be approved by USCIS?

    2. Say now employer A revokes I-140, what will be the status on the approved H1B?

    3. Assuming H1B is valid still ( even after revoking I-140), after 10th year will the beneficiary be able to extend H1B? If so based on what pending application the H1B can be extended?



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