Sunday, June 12, 2011

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  • ronhira
    10-05 09:34 PM
    Neil, Hoffman, Greg, IIya, ,
    we will all love you.... and thank you for showing us the light..... to make this world a better place.....

    THANK YOU




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  • sdpkelkar
    01-27 12:13 PM
    They're all awesome IMO...but Perlin circles is primus inter pares for me :P




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  • skothuru
    07-17 05:00 PM
    I think we can still file till July 31st as per July Visa Bulletin (released on June 12)

    This is AWESOME!!!!!




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  • BumbleBee
    05-30 12:27 PM
    Here we go again....the never ending bad news loop for immigrants (to be)
    Source-->
    http://www.immigration-law.com/

    http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-10371.htm


    E. Summary of Final Fees

    The USCIS Immigration and Naturalization Benefit Application and
    Petition Fee Schedule, the proposed fees, and the final fees
    established by this rule are summarized in the attached table.

    ----------------------------------------------------------------------------------------------------------------
    Current Proposed
    Form No. Description fees fees Final fees
    ----------------------------------------------------------------------------------------------------------------
    I-90.................................. Application to Replace Permanent $190 $290 $290
    Resident Card.
    I-102................................. Application for Replacement/ 160 320 320
    Initial Non-immigrant Arrival-
    Departure Record (I-94).
    I-129................................. Petitions for a Nonimmigrant 190 320 320
    Worker.
    I-129F................................ Petition for Alien 170 455 455
    Fianc[eacute](e).
    I-130................................. Petition for Alien Relative...... 190 355 355
    I-131................................. Application for Travel Document.. 170 305 305
    I-140................................. Immigrant Petition for Alien 195 475 475
    Worker.
    I-191................................. Application for Advance 265 545 545
    Permission to Return to
    Unrelinquished Domicile.
    I-192................................. Application for Advance 265 545 545
    Permission to Enter As a
    Nonimmigrant.
    I-193................................. Application for Waiver of 265 545 545
    Passport and/or Visa.
    I-212................................. Application for Permission to 265 545 545
    Reapply for Admission into the
    United States After Deportation
    or Removal.
    I-360................................. Petition for Amerasian, 190 375 375
    Widow(er), or Special Immigrant.
    I-485................................. Application to Register Permanent 325 905 930
    Residence or Adjust Status.
    I-526................................. Immigrant Petition by Alien 480 1,435 1,435
    Entrepreneur.
    I-539................................. Application to Extend/Change 200 300 300
    Nonimmigrant Status.
    I-600/I-600A.......................... Petition to Classify Orphan as an 545 670 670
    Immediate Relative/Application
    for Advance Processing or Orphan
    Petition.
    I-601................................. Application for Waiver of Grounds 265 545 545
    of Inadmissibility.
    I-612................................. Application for Waiver of the 265 545 545
    Foreign Residence Requirement.
    I-687................................. For Filing Application for Status 255 710 710
    as a Temporary Resident.
    I-690................................. Application for Waiver of 95 185 185
    Excludability.
    I-694................................. Notice of Appeal of Decision..... 110 545 545
    I-695................................. Application for Replacement 65 130 130
    Employment Authorization or
    Temporary Residence Card.
    I-698................................. Application to Adjust Status from 180 1,370 1,370
    Temporary to Permanent Resident.
    I-751................................. Petition to Remove Conditions on 205 465 465
    Residence.
    I-765................................. Application for Employment 180 340 340
    Authorization.
    I-817................................. Application for Family Unity 200 440 440
    Benefits.
    I-824................................. Application for Action on an 200 340 340
    Approved Application or Petition.
    I-829................................. Petition by Entrepreneur to 475 2,850 2,850
    Remove Conditions on Residence.
    I-881................................. NACARA--Suspension of Deportation 285 285 285
    or Application for Special Rule
    Cancellation of Removal.
    I-914................................. Application for T Nonimmigrant 270 0 0
    Status.
    N-300................................. Application to File Declaration 120 235 235
    of Intention.
    N-336................................. Request for Hearing on a Decision 265 605 605
    in Naturalization Procedures.
    N-400................................. Application for Naturalization... 330 595 595
    N-470................................. Application to Preserve Residence 155 305 305
    for Naturalization Purposes.
    N-565................................. Application for Replacement of 220 380 380
    Naturalization Citizenship
    Document.
    N-600................................. Application for Certification of 255 460 460
    Citizenship.
    N-600K................................ Application for Citizenship and 255 460 460
    Issuance of Certificate under
    Section 322.
    Biometric Services............... 70 80 80
    ----------------------------------------------------------------------------------------------------------------

    BumbleBee



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  • amitga
    05-14 12:28 PM
    MD counties charge county income tax which is a rip off. Look in VA




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  • gc_buddy
    12-03 02:44 PM
    I agree. We should continue our efforrts with IV, PD_recapturing, ItsNotFunny, NK2006 and Chanduv

    I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.



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  • dvb123
    02-10 06:17 PM
    Once these categories are eliminated how can a spill over take place?




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  • vinzak
    01-04 11:34 PM
    This is how they could have replied. They should have started a 10 Rs. Education cess on every McDonald burger sold and every Pepsi/Coke bottle sold and every pizza sold by pizza hut & Dominos. This is barely anything, as it is only what we see on the surface, other big corporation like Walmart and several defense contractors are also operating freely and feeling home. Indian govt. should start taxing them..
    America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..

    When it comes to shaking down foreign companies, the Indian govt. is way ahead of the US govt. The Indian govt is suing Vodafone for acquiring Orange and Kraft for acquiring Cadbury insisting that these companies should have done a tax deduction at source when buying these companies. Meaning that if Kraft bought Cadbury for $100mill, they should have paid only $70 mill and sent the $30 mill check to the govt.

    Look it up, and you'll realize that any government in the world will shake anyone down for some extra money, not because it's right but BECAUSE THEY CAN!!!



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  • danu2007
    09-26 07:35 PM
    Congrats!!!




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  • saketkapur
    10-28 10:55 AM
    Please talk to a good immigration attorney.....following is just my opinion and do not take it as legal advice as every case is different.

    If you have filed for AOS and are past the 6 month mark, have a valid EAD then you can invoke AC21 and change jobs.
    Else your new company will most probably have to file a fresh labor and I-140 for you however you should be able to port or re-capture your PD.....

    Again talk to a lawyer or post in the lawyer portal.........

    best of luck



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  • Blog Feeds
    02-10 08:50 PM
    Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

    With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

    Background

    On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.

    In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)

    The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.

    This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.

    Requirements in the Statute

    The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
    A. Temporary Increase in the Number of Professional Visas Available

    There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
    B. Electronic Postings

    LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
    C. Attestations Required for Employers Dependent Upon Foreign Professionals

    U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.

    The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.

    H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
    D. Increased Enforcement and Penalties for Violations

    The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
    E. Back Benching H-1B Employees

    Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
    F. Benefits

    Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
    G. Additional Fee for Use of H-1B Program

    Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
    H. Prevailing Wage Computations

    For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
    I. Academic Honoraria

    Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.

    Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!




    More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)




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  • immilaw
    09-18 01:41 PM
    Hi immilaw member,

    Thank you for the response, but my situation is.....

    1. My diploma certificate will be dated somewhere around December,2006.
    2. My H1B approval notice says my H1 is valid from October-1, 2006.
    3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.

    So now my questions are....

    a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?

    b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?

    Please suggest.

    Standards for H-1B and PR are different. Further, the basis of H-1B is the B.S. degree whereas the basis of EB-2 is your M.S. degree.

    Yes, you should be able to file and EB-2 through an employer that you join after you have been awareded the M.S. degree.

    Don't worry about your H-1B. You should not have a problem with that.



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  • gbof
    09-01 04:11 PM
    Congrats to you....I am still waiting.

    Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?




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  • GCWhru
    06-24 09:16 AM
    Xgoogle,

    I am in the same boat. I believe you can go ahead and start your full time study, Now I don't think your wife's case is pending based on your work, since you already got your GC.

    Even in the worst case you can sponsor your wife with your GC status. I was kidding my wife that I become UC and sponsor her.



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  • pointlesswait
    09-17 11:49 AM
    if you can find such a company...nothing like it!

    but how many have such flexible policies..;-)


    pointlesswait,

    I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.




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  • Bobby Digital
    October 21st, 2005, 11:25 PM
    Has this group of talented people ever got together and met each other in person? I would love to meet all of this talent in person!!! Swap ideas and show off our best. Any ideas??



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  • meridiani.planum
    07-10 09:22 PM
    inline...

    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?

    -- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.


    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?

    yes, he will get a one year extension since his LC is atleast one yaer old.

    3. What if the old employer revokes his I140 now? His GC process is invalid?

    yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.

    4. If we leave about GC, Can he do H1 transfer atleast?

    yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
    He will also need a copy of his labor certificate to be able to file a transfer+extension.
    At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved




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  • god_bless_you
    06-20 03:27 PM
    I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.

    if changing Employer is benificial to you in any way -- financially or peace of mind,, go for it,
    save more and keep options open ...

    DO NOT RELY ON GC PROCESS!!




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  • jiraprapaasa
    04-10 03:26 PM
    Even she is 13 years old. She still need to purchase PIN and go for an interview.




    simple1
    09-25 04:42 PM
    may not be eligible for 245(k)

    MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)


    Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.


    not sure if follow 2 join is applicable here.
    http://georgetown.usembassy.gov/root/pdfs/consular-pdfs/follow-to-join-master-march-2008.pdf

    check with attorney immediatly.

    She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
    In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
    Google it.

    Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.




    justin150377
    07-09 09:05 PM
    Hope "Flower Campaign" will not irritate USCIS and backfire on us, to tough the immigration process.

    It's too late there's a big stick up your ass already how much farther can they really push it in.



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