Thursday, June 9, 2011

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  • malibuguy007
    10-01 06:27 PM
    Guys, I can see the energy level drop down after the HR 5882 did not pass in the Judiciary Committee. However we have to keep trying and part of that effort is keep working with lobbyists through IV core. During the next 6-9 months we need to collect enough money so that when the time comes IV Core is able to lobby hard on our behalf and get the necessary measures passed.

    On that note I am starting this thread for people who would like to contribute $50 or more. It is the 1st of the month and all of us got our paychecks, so no reason not to.(Remember Feed the Pig Ad? Well IV is as important as feeding the pig - so please do your part).

    Additionally for every $2500 collected I will put in an additional $50.





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  • Macaca
    11-17 08:42 PM
    The Other Immigrants (http://online.wsj.com/article/SB10001424052748703683804574533612324601766.html)
    Low quotas, long lines hurt U.S. competition for human capital.
    WSJ Editorial, Nov 18 2009

    The immigration debate has long been preoccupied with illegal aliens. But what about foreign-born professionals seeking green cards who stand in line and play by the rules? A new report by Stuart Anderson of the National Foundation for American Policy says the U.S. is mishandling this important human resource.

    A former official at the Immigration and Naturalization Service, Mr. Anderson focuses on foreign nationals from India, who fill nearly half of the annual quota for H1-B temporary work visas. Indian professionals who want to become permanent U.S. residents face a wait time of at least 12 years and as long as 20. "To put this in perspective," says the report, "children today in kindergarten may graduate from college by the time Indians who file new applications for an employment-based immigrant visa would receive a green card."

    One of Mr. Anderson's findings is that the multiyear waits aren't due to bureaucratic delays so much as to the impractical low annual limits on who can come. Under current law, no more than 140,000 employment-based green cards are issued each year. And since the spouses and children of these workers also count against the cap, the actual quota is much lower.

    Congress hasn't raised the annual cap since 1990. Over the past two decades U.S. GDP has risen by 64%, and the demand for skilled workers, notably in technical fields populated by foreign-born professionals, has risen dramatically. Yet our immigration policies pretend nothing has changed.

    "The problem facing skilled foreign nationals, employers and the U.S. economy is current law does not match the aspirations of these individuals or allow the country to harness their abilities," writes Mr. Anderson. "One result is many outstanding foreign nationals see potentially brighter futures in their home countries, leaving the America vulnerable to losing a pool of talent that has helped spur jobs, growth and innovation inside the United States."

    The costs of losing this human capital are high. Between 1990 and 2007, an astounding 25% of publicly traded companies in the U.S. that were started with venture capital had an immigrant founder. Many foreigners come initially to study or do research at our superior colleges and universities. But the barriers to remaining are forcing them out. A survey of 1,200 international students taken in March shows we can no longer take for granted that skilled immigrants will want to stay and work in America. Some 55% of Chinese, 53% of Europeans and 38% of Indian students worried about being able to obtain permanent residence in the U.S.

    Canada, Australia, the European Union and others have streamlined processes for hiring foreign workers to lure skilled immigrants away from the U.S. Unless Congress addresses these long wait times and low quotas, more immigrants will take the skills they acquire in U.S. universities and use them to help other nations prosper.





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  • wellwishergc
    03-01 04:15 PM
    Logiclife,

    That makes perfect sense.

    My question is - Is it possible that all clauses related to illegal immigration will be striked off, while legal will go through? To my understanding, the main objective of this bill is to solve the issue of illegal immigration. Legal immigration is just an additional section.. My fear again is - will the whole bill be discarded just because of the contentious illegal immigration aspects in the bill?.. Is there a way to pass the legal immigration relief measures without a bill?.. something like an amendment to the existing law?

    Thanks for taking the interest and posting the comment.

    What you mean is change the content of the webfax,not the format.

    Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).

    You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )

    Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.

    However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org

    Thanks for taking interesting and sharing your view.

    --logiclife.





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  • amar123
    07-19 04:02 AM
    Hi All,
    I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.

    I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
    I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.

    I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.

    Thanks,
    Amar.



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  • pfiction
    08-06 08:11 PM
    I saw a LUD on approved I-140 on 07/13. No LUD on 485 yet and waiting.





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  • TomPlate
    07-02 09:49 AM
    come once again idily. Sounds to me italy.:mad:



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  • gcnotfiledyet
    03-16 11:16 PM
    Option 1 - Take Travel Insurance for 15 days. For young folks that is not pricey and covers emergencies.

    Option 2 - Just ignore....It is a matter of 15 days. Insurance is good, desirable, and highly recommended......but it is not something that deserves too much worry for 15 days for any healthy person.

    I would highly recommend against option#2. I had accident on first day of driving after coming back from India. I had been driving for 5yrs before it. Luckily nothing happened but you never know and that is why you have insurance. For this scenario check health coverage on your auto policy. But how many scenarios are you going to cover? Best to get some kind of coverage. It is not advisable to live in this country without health insurance. It can make you go back to your home country/file bankruptcy etc. Americans are not stupid to have such costly insurance policies.





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  • STAmisha
    05-21 05:48 PM
    I hope this bill DIES



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  • mantagon
    12-17 11:45 AM
    I had gone to India via Munich in Dec 2006 with H1-B extension approved (VISA on passport had expired) without a Transit VISA and had no problems. Hope this helps!





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  • rahulpaper
    06-19 06:32 PM
    Does that mean application progresses normally without RFE or Wait if immunizations are still not complete?



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  • jsb
    03-25 02:45 PM
    If you have all the PERM case numbers with you then you should be able to find your PD in this link

    http://www.flcdatacenter.com/CasePerm.aspx and
    It is interesting that you can find company names and sponsored people in this database. With job titles you can even guess who they are. I found mine, my job title being so specific.

    Although employer owns I-140, it also relates to the person being sponsored. So, it should be possible to get a copy from Company A and B.





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  • vban2007
    06-07 02:21 PM
    Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.

    IF� THEN �
    Your petition
    receipt number
    begins with
    �WAC�
    Send supporting documentation to:
    California Service Center
    Attn: E-Filed I-765
    P.O. Box 10 765
    Laguna Niguel, CA 92607-0765
    Your petition
    receipt number
    begins with �LIN�
    Send supporting documentation to:
    Nebraska Service Center
    Attn: E-Filed I-765
    PO Box 87373
    Lincoln, NE 68501-7373
    Your petition
    receipt number
    begins with �SRC�
    Send supporting documentation to:
    Texas Service Center
    Attn: E-Filed I-765
    P.O. Box 852401
    Mesquite, TX 75185-2401
    Your petition
    receipt number
    begins with �EAC�
    Send supporting documentation to:
    Vermont Service Center
    Attn: E-Filed I-765
    75 Lower Welden Street
    St. Albans, VT 054790001



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  • Wish_Good
    05-07 01:00 AM
    Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?

    -cheers
    kris

    Hi Krishnam70,

    Here is my complete details:

    Company A:
    I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
    Labor approved Dec, 2006.
    I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
    which we responded in time and USCIS received on Dec 5, 2007)
    I-485 applied in Sep 2007
    Got EID and Advance parole approved.
    I-140 Denied on Apr 3 2008.
    I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
    Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
    Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).

    Company B:
    This Company applied for my Labor (Perm) on Apr 21, 2008.
    Got Approved on June 24, 2008.
    H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
    Joined this company in Aug 2008
    I-140 approved with this company Jan 2009.
    Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
    Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
    Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.

    Thanks
    Wish_Good.





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  • gchopes
    10-23 09:22 AM
    Does Charlotte Office ASC have a day for walk-ins? Has any one of you done that and gotten their FP done on that day?

    gchopes



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  • itsmesabby
    06-28 09:39 PM
    Thank you so much Elaine for your quick response..

    So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..





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  • snathan
    02-21 10:37 PM
    Thanks a lot for the links snathan. Is it possible to return to India at any stage of GreenCard processing and then come back to India once the EAD is approved.

    It depends on your employer. If your employer supports and the job still available for you, yes...you can go to Indian and come back.



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  • a_yaja
    12-29 11:49 AM
    so you can setup your own LLC. start hiring people?
    You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
    1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
    2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage

    If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.

    I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.

    Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(





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  • TomTancredo
    11-27 01:10 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Thanks!


    It could be possible to get more money on EAD because you have more choice. I cant expect more salary just because I have an EAD. There are so many people with EADS in USA ... What counts is your experience. If you are already gettting paid according to the market conditions you may expect a boost in salary just because you have an EAD.





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  • buehler
    07-11 01:17 PM
    If you get one consolidated paycheck and W-2, you're fine. Otherwise, you will have a tough time explaining multiple paychecks and W-2s to the immigration officer when you go for visa stamping or when entering the country.





    rajuseattle
    08-14 12:41 PM
    smartboy75,

    We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.

    My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.

    Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.

    This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.

    I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.

    rajuseattle.





    morchu
    05-08 05:39 PM
    Medicals expire in 1 yr. Also the requirements might have changed.
    Can I ask the doctor to re-send the I-693 form?



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