2011年6月25日 星期六

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  • GCOP
    11-08 07:38 PM
    There were many 245i applicants who filed under EB-3 category than EB-2 category. So EB-2 is less affected due to less 245i applicants and most of the problem is experienced in EB-3 categories.
    We all should request congress, not to penalize us for playing by the rules and further request to exclude 245i visa numbers from regular quota.
    I have already contacted the offices of Senators of my State & Rep. of House also. We all should contact our law makers.




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  • nixstor
    08-04 01:45 PM
    Green..

    May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.




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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.




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  • LondonTown
    05-25 08:03 AM
    Sent the fax.. going to call...



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  • sdrblr
    06-29 05:57 PM
    Thank you all for your quick response. It was very helpful.




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  • dc2007
    07-25 12:06 PM
    Thanks a lot for the help and useful information.

    I can get all letters (of employment etc) from my employer. That is not an issue.

    But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?



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  • rsayed
    04-13 03:58 PM
    http://www.aila.org/RecentPosting/RecentPostingList.aspx

    http://www.aila.org/content/default.aspx?docid=22101

    Also, here's the Bill no. and Title -

    S.1092

    Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.




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  • VisaHelp
    07-26 09:23 AM
    I wasn't filing for an extension but rather a transfer of my H1B. It expired while waiting for the transfer. Do you think that might make a difference....negatively?

    My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.

    Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.



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  • senthil1
    05-25 02:06 AM
    One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.

    Dude since 1999 to 2006 ..nothing




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  • dixie
    08-22 02:07 AM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.


    See page 3 on this:
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

    If per country limit of 7% stays, how much relief would it bring in terms of
    priority dates for India/China born individuals?

    I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

    Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

    Am I getting too pessimistic?



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  • ras
    09-19 10:11 AM
    That's what I am suggesting. Look back the first reply message. One doesn't gain authority and yell on others just because the person attended the rally.




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  • finimits
    05-02 11:38 AM
    Hello Everyone!

    I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.

    My information:
    ----------------------
    Citizen of India.
    Priority Data: March 2008
    I-140 approved
    About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.

    My Questions
    ----------------------
    I want to move to another company in another region in the US.
    1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).

    2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?

    Guys, please help me, I am confused. I really appreciate any help!
    THanks!



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  • cherupally
    09-10 10:36 PM
    I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
    I am planning to send the results tomorrow overnite.
    Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?




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  • franklin
    07-10 12:10 AM
    May the government discriminate against non-citizens in matters not related to their admissions to the United States?
    Among the most important sources of legal protection against governmental discrimination or abuse are the Fifth and Fourteenth Amendments to the Constitution. They provide that no person shall be deprived of life, liberty or property without due process of law and that no person shall be deprived of the equal protection of the laws. Thus, the right to due process, equal protection and the other fundamental rights that are encompassed by these principles apply to all persons in the United States, including non-citizens.

    Which law would we be breaking by sending flowers?



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  • abd
    04-07 05:20 PM
    I did my H1B renewal in Toronto Last Feb without problem. I have Indian Bachelors Degree in Engineering. Renewal went very smoothly. I had all my papers with me as required.




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  • eb3_nepa
    04-30 10:17 AM
    This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".

    Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.

    The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?


    Excellent points!

    Actually this should DEFINITELY be a question to the Attorney in the next confernece call. What is the actual "law" on the H4s when you say you cannot work does it mean you cannot work for a US employer or yuo cant get paid inside the US?



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  • gconmymind
    08-15 02:13 PM
    The whole non-compete agreement is a cruel joke on the employee who finds his own project. All these incapable bad desi employers ban the employee from joining the client whom the employee got them in the first place.

    I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.

    This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.

    If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....




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  • optimystic
    09-10 03:12 PM
    Most of you know about rear view mirror fuzzy dice cubes
    I believe they can be customized too. for eg:
    http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg

    I was wondering , if instead of a flowers campaign or bath tub stoppers and other ideas, how about if we send customized fuzzy dice cubes to uscis, which they can hang in their cars and see our message 'in their face' all the time. Hopefully after seeing the messages day after day our point gets driven home into their heads.

    I was thinking we should have the faces of the dice cubes custom marked with the following 'F' motto messages

    'Fair'
    'Fast'
    'Forward'
    'Flexible'
    'Fix'
    'Flawless'

    And send the following open letter to accompany the fuzzy cubes (May be even take full/half page ads out in newspapers, newsletters etc). I just put some ideas I had. The gurus can always add more to this.

    Dear USCIS,

    Please accept our token gift. We hope you would adopt the following traits as your motto.

    'Fair'
    - Be Fair
    - Follow the FIFO order of priority dates.
    - You have already set a prioritization order in place. Its the Priority Dates. We dont need another confusing set of priorities such as receipt dates/notice dates, processing dates that swing back and forth worse than a pendulum etc.
    - How is it fair that you prioritize a PD 2006 over a PD 2001 case, just because the former's I-485 application was received few weeks earlier than the latter?

    'Fast'
    - Be Fast
    - Most of us in the legal highly skilled immigrant community have been waiting for our GCs for an average of more than 5-6 years. Give us some relief
    - Dont pull us from one backlog (labor approvals) only to dump us into another (I-485 Processing backlog)
    - Follow your own rules regarding namecheck clearances and automatic eligibility of I-485 for approval if pending more than 180 days.

    'Forward'
    - Make forward progress
    - EB3 I PDs haven't moved even few months in past several years
    - EB2 I/C PDs are swinging like a pendulum
    - Nobody understands how come processing dates at a service center can retrogress if files are opened in proper FIFO order


    'Flexible'
    - Be flexible
    - Allow us to use AP as a regular travel document
    - Recapture wasted visas
    - Allow to file I-485 irrespective of PD being current
    - Clarify AC 21 scenarios
    - Make provisions to capture and count our waiting times in the GC process towards naturalization requirements. Most of us have been in US for 8-10 years average. How much longer do you need to naturalize us ??

    ' Fix'
    - Fix the broken processes at USCIS
    - Increase resources at the service centers
    - Improve the customer service over telephone
    - Be courteous to your customers

    'Flawless'
    - Provide flawless service.
    - The highly skilled legal immigrant community deserves it. We pay millions of dollars in application fees to your orgnization and billions in tax dollars and Soc. Sec contributions to the US govt.
    - Make online status updates more transparent.
    - Provide more transparency around the processing dates, Visa number assignments, PDs, etc



    We would have sent you nintendo game cubes instead of the fuzzy dice cubes. But alas, we are afraid we can't afford to risk any further drop in efficiency at your organization than the levels that it already is at.


    Sincerely
    Your customers




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  • drirshad
    07-01 06:20 PM
    For all the nights of no sleep and days of uncertainty. Ready to go to the end of the tunnel this time .....




    cdeneo
    01-11 09:32 PM
    Thanks so much for responding to this query and providing great insight here. The only concern at this point would be if availing of UC benefits would create any issues when an I-485 app is pending but will hope for the best that this will not be a problem.

    Thanks again for chiming in on this.

    I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).




    hopelessGC
    04-28 11:13 AM
    The same thing happened to my wife's I-129 petition on 4/26. Don't know what it is for.

    My wife quit her H-1 job in 2007 and moved to EAD/I-485 status as a dependent.



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