Monday, June 13, 2011

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  • mani_r1
    12-11 03:09 PM
    I got only 2 copies of AP from TSC. I might have to go to India multiple times in coming months (more that 2). Will the POE officer take the original AP on each entry? Is there any USCIS/CBP reference/guidelines that instructs the POE officer to take the copies and leave the orignals with us? Any help appriciated

    Thanks




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  • peer123
    04-10 09:22 AM
    I am not sure how to set up a poll question

    Can any one who knows how to do it set up a poll question

    Have changed job using AC21, after having approved I140 and > 180 days of 485 application?

    1. Invoked AC21
    2. Invoked AC21 and H1B transfer
    3. Did not inoked AC21 but only H1B Transfer
    4. Did not change JOB

    Thanks
    peer123




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  • Sunx_2004
    05-14 04:42 PM
    I was under impression that there is last quarter quota still remain...
    Based on below they used it all...
    :confused:

    I am sure this is noticed by many :

    "E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year. "




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  • wonderlust
    10-04 11:50 PM
    I believe it is random and chaotic. WORSE, we have been powerless to control or improve it. That is why we need to work together and make our voice heard!

    Wonderlust


    I am sure you are a latest filers...so just relax and forget abt it for many yrs to come unless there is a serious effort by the Govt. to reduce backlog...till then elax and dotn let your blood boil over it leading to deterioration in health and wealth....
    NJOY !!!



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  • santb1975
    03-24 12:49 PM
    I wish I did one of these in So.Cal




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  • nixstor
    08-23 10:26 PM
    I was thinking that BEC's have 300K odd cases. Are you sure its only 180K?



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  • Ramba
    10-31 11:11 AM
    They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

    Hope this helps.

    Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).




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  • anilsal
    12-20 11:51 PM
    I am from IL. I will try to attend. I will request other IL state chapter members to join the call, if they have some free time.



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  • doknek
    09-04 11:27 AM
    Yes, if lawyer/employer creates an account for employee OR gives employee username/password to access the system




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  • winguru
    09-16 10:51 PM
    Done



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  • ronhira
    06-10 11:17 PM
    Why do people write "I support" or "I oppose". Is there a voting going on here. What does "I support" actually mean? I am just trying to understand. r u guys going to do something more after writing "I support"? Just asking




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  • Berkeleybee
    05-17 01:22 PM
    BerkeleyBee,
    Thanks for opening a seperate thread for this.

    Looking at the proceedings for the last 2 days i feel those opposed to immigration r using the delaying tactic to somwhow push out and kill the bill. It also looks like some form of the bill will come out eventually.
    There are enough provisions in the bill which will have a significant effect on retrogression when it becomes a law.

    As the bill progresses in the senate and in the conference, they may push out the effective date ( for the bill to become a law) to get the house aboard.

    I wonder if we can ask for some non controversial portions of the bill such as capturing unused VISA numbers (they must be 90K) to become law immediatly. This will ease retrogression significantly as there will be no country limits for those numbers.

    Can we ask any Senator to bring such an amendment.
    (remember those who r here illegally and who need to wait for 8 years to apply for G.C can wait an year more. Need i say about those stuck in the Employment based categories.)

    --MC

    Mchundi,

    I understand your anxiety. To answer your questions:

    There is no chance of having any single set of provisions "become law immediately."

    Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.

    For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.

    Hang in there!

    best,
    Berkeleybee



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  • voldemar
    03-19 09:33 AM
    I-140 withdrawal is not mandatory but it's good for both - employer and employee. Check other threads when approved I-140 was revoked on Ability to Pay issue when USCIS added together all pending I-485 for the company. If you use AC21 to change employer and previous employer withdraw approved I-140 you are safe to go.




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  • TO BE OR NO TO BE
    02-03 04:29 PM
    Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
    Hi Ryan,

    Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.

    Appreciate your help!

    Thank you



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  • mmanurker
    04-13 01:54 PM
    In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
    I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....

    But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.

    Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.

    I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...

    here is the old link from murthy.com:

    MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)

    here is another one:

    MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)

    LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.

    About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
    and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.

    Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
    Bottom line seek legal advice from attorneys.




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  • validIV
    03-19 01:40 PM
    The American Competitiveness in the Twenty-First Century Act (AC21) removed the
    per-country limit in any calendar quarter in which overall applicant
    demand for Employment-based visa numbers is less than the total of
    such numbers available.

    Why remove the cap when the demand is less? Shouldnt it be the other way around?



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  • zephyrr
    09-07 01:26 PM
    I was in the same situation as you when I applied. In general, there should not be a problem with MS+0.

    Another alternative is to show the experience gained at your current employer in your application. For that to happen, you should've been promoted to a position in which ur exprience is 50% same as your old position, then you can get an affidavit from your manager stating this fact.
    This is what we had done for my traditional labor. I believe it still holds true for PERM, suggest you talk to the company's lawyer.

    I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.

    Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?

    Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.

    Is it worth changing employer for gaining 2 yrs of expereince for my LC.

    Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing

    DOES THE EXPEREINCE with MS makes it better for EB2 ?

    Please let me know if there are some experts out there




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  • letstalklc
    11-06 01:39 PM
    Whats up, guys!

    FYI:
    My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
    I got audited on November 2007. I filed the petition on October 2007.

    Good luck with all of you guys.
    Thanks for the supports!

    Congratulations...great news.....good luck for the next steps...

    Is your perm is filed by Fragomen Law Firm?

    My PD is Sep 5th 2007...still pending....dont know when it's gonna approve...




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  • gauravster
    01-20 11:27 AM
    As far as my understanding goes, EB1/2/3 is fairly recent, 15-20 year pehnomemon. As such getting examples of people who have been extremely successful post getting the visa is going to be difficult. Even for Harvard reunions, usually it is only at the 25th reunion (among a few thousand people) that you have some very successful people, in a 10-15 year span, getting extremely successful(to have your name in newspapers every other day) is like a 1 in 100,000 chance. Even with EB1s.




    senthil1
    04-15 01:40 PM
    Hi

    Your post does look like anti immigrant who want to make fun of potential immigrants or undermining US citizenship by immigrants. I hope those observations are incorrect

    Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
    fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.

    The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.

    I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.

    What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.

    Thank you, thank you, thank you, for permitting me to present my delima to this your website.
    abby




    manderson
    03-01 02:01 PM
    Well my RD is not current I plan to call NSC periodically to find out if my case has been assigned to an IO yet. If the next step is pre-adjudication, then great, but I have doubts about that.

    does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??



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