Saturday, June 11, 2011

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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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  • pappu
    11-17 12:30 PM
    Bump




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  • Legal_In_A_Limbo
    04-28 11:43 AM
    The thing is it is kind of strange that they are working on Sundays to reopen cases.
    I hope things work out for good for everyone.




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  • uma001
    05-17 03:02 PM
    How much time is it taking to get PR. Is it 3 years?



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  • wang12
    06-10 12:11 AM
    Dear Sir or Madam,


    Does anybody know the fax number of Nebraska Service Center or USCIS ?


    Many thanks




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  • little_willy
    08-15 11:46 PM
    Sent you a PM. Please check. Thanks.

    Folks,

    Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.

    This is my personal view , please ignore if you feel its not right.



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  • anilsal
    08-05 07:58 PM
    tax returns. I do not think they expect you to list all the addresses that you stayed during the year.

    You will need to provide the address to the tax return where your state taxes were deducted for the most part of the year IMHO. But for your GC app, I am unsure.

    Have you consulted your lawyer? Send a PM to pappu maybe. He may get some answers from the IV lawyers.




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  • waitnwatch
    05-25 07:40 PM
    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.



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  • manderson
    10-29 02:03 PM
    stylepoet, while I don't speak for the core-group, I think I represent the majority when I say this: Realistically speaking, if you plan to stay in the US for a very long term and want to do so without any visa hassles (or kids aging out issues that you mentioned), then getting a Green Card (GC) is the best way to go, instead of jumping around non-immigrant visas. And if u r financially capable of being an E2 why not just file for a EB5 GC (which is way faster than EB2 and EB3 these days -- please check out this site for more info)? Sure, there is a difference in the minimum investment reqs. E2 = 200K+ and EB5 = 500k. But if you have lived here for a couple of years (assuming this from the implication that your kids recently turned 21 or are going to turn 21) surely you can makeup the 300k difference. No?

    Please feel free to educate if I am out of line here.




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  • gk_2000
    05-20 05:31 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    Translation: We are an a$$#ole company that is not interested in retaining their talent. You are better off trying somewhere else and getting your GC, and coming back and joining us, then sc*** us by becoming our boss



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  • la_guy
    01-10 06:47 PM
    Find the link below...

    http://numbersusa.com/interests/legislation_proposed110.html

    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&


    I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.




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  • crystal
    08-16 06:00 PM
    That is incorrect.
    Both are different.
    I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.



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  • transpass
    05-14 02:05 PM
    I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.

    1> Very good school district
    2> Low property tax
    3> Very low crime rate
    4> Rental value should be same as mortgage amount+insurance+PMI+property tax
    5> Property values should be in 300K range max
    6> Lot of Indians
    9> Maximum distance to DC should not exceed 30 miles
    10> Close to shopping places

    Just out of curiosity....Are you a first time buyer or are you moving from some other place to DC area? Just thinking about the home buyer's credit for first timers...




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  • meridiani.planum
    11-08 11:43 PM
    How about meeting Michelle Obama... her highness the soon to be First Lady?


    sure. how about friday evening. say around 7:00? you bring the chips, I'll bring the salsa.



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  • ssa
    08-03 01:40 PM
    Done :)




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  • needhelp!
    02-05 01:45 PM
    You will have to pay again and again and again.
    But you have a chance to get 2 year EAD. Thanks to IV for the effort.


    Hi Prasadn,

    Thanks for the reply. That sucks if I have to pay again::((

    I read somewhere that if we apply with the latest fees, we dont have to pay again.

    Can any one else please confirm?

    Regards



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  • nlalchandani
    10-02 06:28 AM
    Hi All,

    Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

    My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

    meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

    I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

    I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

    In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

    If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

    Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

    Please help...any help will be highly appreciated.

    I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...




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  • abc
    05-30 03:42 PM
    Asian,

    Not sure what you are getting at here.

    The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it.
    Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2

    Berkeleybee

    I think what Asian means is that the stringent rule of 'Same kind of job' in AC21 makes AC21 usability very limited. If that condition is abolished, 485 is as good as GC in terms of job mobility.




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  • shri22
    11-13 09:40 PM
    Hi All,
    Can you please tell me, when following was announced? Is this a new rule ?
    VISA CONVERSATION NOT POSSIBLE FROM H4->H1 or from F1=> H1

    I have appointment for Jan12 in TIJUANA , I took this appointment Oct 19th
    I worked almost more than 1 year in USA with H1 status but never stamped on my passport.

    Thanks
    Shri




    pmlboy
    05-01 04:16 PM
    I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.

    Thanks.

    EB-2 India
    AOS filed July 2007
    PD April 2007
    Currently on H1-B (renewed till 2011)




    ashutrip
    06-18 09:38 AM
    Yeah, Atlanta is hatching eggs with our PERM applications.
    whats ur PD mine is march 10 2007



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