Tuesday, June 7, 2011

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  • davidk
    02-16 08:39 AM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David




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  • purplehazea
    05-02 02:04 PM
    Dude get a good attorney, I mean even if someone gives you advice here, we are just rookies!




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  • sreedhar
    08-22 01:35 PM
    Hello Guys...,

    I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.

    -Sree




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  • kak1978
    10-24 10:39 AM
    My mother-in-law had a two way ticket but she was not carrying the e-ticket paper for return ticket, and for that they made her wait 2 hours to verify with the airline that she had a return ticket. So it is VERY Important to have a return ticket, if the visa status is B2 visitor.

    Someone gave me a red dot for this post. Why?? Now folks think twice before trying to help someone on this forum, you might get a negative reputation.



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  • jasmin45
    10-03 02:24 PM
    Greetings,

    Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.

    Below is the summary FYI only.

    1. Expect further retrogressions on the visa bulletins

    2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July

    3. Do not expect premium processing to be re-instated for I-140s for a while

    4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.

    5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not

    6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting

    7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.

    8. Backlog Elimination Centers (BEC) should be up to date in one month

    9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.

    10. 20% of PERM cases are being denied

    11. Atlanta’s motions for reconsiderations should be processed faster soon

    12. New PERM form on March 28, 2008

    13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.

    14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.

    15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!

    16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.

    17. The US consulates and CBP are Googling you!




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  • Circus123
    01-09 02:57 PM
    Just to add a comment to my previous reply ---This is the best case scenario looking at the trendz nowadays ...

    EB3 June 01

    EB2 Dec 2000



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  • sheela
    08-06 12:35 PM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

    Congrats!!!
    Quick question: What is the best time to check for update on USCIS site. Does it happen all the time/real time/ morning/evening. It will prevent/help people visiting case status every now-and-then.




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  • krishmunn
    03-07 03:50 PM
    Just make sure your new job description somewhat matches the one on which your I140 was approved. I *think* the job descriptions have to match for PD porting???? IDK

    Job description need not match for PD porting.



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  • reddy77
    03-08 08:06 AM
    I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?

    I believe the salary mentioned in the labor is the future salary, That means you should be paid that much after you got your GC. It is not the present salary...




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  • gg_ny
    08-21 09:20 AM
    Is there a chance to attach SKIL provisions towards higher degree GC retrogressed applicants to this appropriation efforts?

    http://www.sciencemag.org/cgi/content/full/313/5789/898

    Congress Quietly Tries to Craft Bill To Maintain U.S. Lead in Science
    Jeffrey Mervis

    In the dog days of August, while most members of Congress are back home campaigning for reelection or on holiday, a small group of staffers is at work in Washington, D.C., on legislation that could influence science spending for years to come. Their goal is to craft a broad bill aimed at bolstering U.S. competitiveness that Congress could pass before the November elections.

    They face long odds. The White House has already expressed reservations about some aspects of the legislation, and the congressional calendar is short and already very crowded. Although Senate leaders say they are committed to the goal, House leaders appear less enthusiastic. But a powerful coalition of forces, including business leaders who can bend a member's ear, is keen for Congress to act. "Legislation would show the public that our nation's leaders have a long-range plan of action on U.S. competitiveness," says Susan Traiman of the Business Roundtable, a consortium of 160 CEOs from across U.S. industry.

    The legislation draws upon several efforts over the past year examining the status of U.S. science and technology, including the National Academies' Rising Above the Gathering Storm report and the National Summit on Competitiveness (Science, 21 October 2005, p. 423; 16 December 2005, p. 1752). In February, the Bush Administration proposed starting a 10-year doubling of basic research at the National Science Foundation (NSF), the Department of Energy's (DOE) Office of Science, and the National Institute of Standards and Technology's (NIST) core labs (Science, 17 February, p. 929) as part of its 2007 budget request. And the initial funding for what the Administration has dubbed the American Competitiveness Initiative (ACI) is working its way through the legislative process.

    Science advocates can't say enough about the importance of ACI. But they believe even more is needed to improve math and science education and enhance U.S. innovation. Taking their cue from Gathering Storm and other reports, legislators from both parties introduced a fistful of bills earlier this year that would expand existing research and education activities at several agencies and set up new programs (see table).

    Unlike annual appropriations bills, which determine how much each federal agency can spend in a given year, these authorization bills set desired funding levels over several years. Although they don't provide the cash, they can build political support for ongoing spending increases. Notes one university lobbyist: "You want Congress on record and the key committees behind an authorization bill, so that they can bail out appropriators when they hit rough seas."

    The goal of the quiet negotiations taking place this summer is a single bill. But the calls for increased spending are a sticking point for a Republican Party whose president, George W. Bush, has repeatedly pledged to reduce the federal deficit and whose congressional leaders hope to campaign this fall on their success in shrinking government. Several of the bills also expand NSF's role in science and math education, a position that clashes with the Administration's plans for the Department of Education to lead efforts to improve math and science education and manage all the ACI's education components.

    Presidential science adviser Jack Marburger emphasized those points in hard-line letters this spring to the chairs of the committees as they prepared to vote out one of the Senate bills (S. 2802) and two House bills (HR 5356/5358). The Senate measure, Marburger warned Senator Ted Stevens (R-AK) on 17 May, "would undermine and delay" ongoing research at the three agencies, "duplicate or complicate existing education and technology programs," and "compete with private investment" in both areas. The House bills, he told Representative Sherry Boehlert (R-NY) on 5 June, "would diminish the impact" of the requested increases for the three ACI agencies.

    Boehlert says he was "quite disappointed" by Marburger's letter, noting the president's declaration in his January State of the Union address that the country "must continue to lead the world in human talent and creativity." Boehlert added, "I thought that we had been working with OSTP on these issues," referring to the White House Office of Science and Technology Policy that Marburger heads.

    Three weeks after the House committee passed both bills, �berstaffer Karl Rove, new domestic policy chief Karl Zinsmeister, and a score of high-tech industry and academic lobbyists met at the White House to discuss the pending legislation. Although nothing was resolved--some participants say Rove and Marburger scolded them for supporting the bills, whereas others say there was confusion over the various components--the White House told the lobbyists that its Office of Legislative Affairs, led by Candida Wolff, would be taking the lead in trying to craft an acceptable bill, pushing OSTP to the sidelines. In the Senate, lobbyists are heartened by the willingness of Senate Majority Leader Bill Frist (R-TN) to negotiate with the three chairs whose panels must sign off on the legislation--Stevens, Senator Pete Domenici (R-NM), who leads the Energy and National Resources Committee, and Senator Mike Enzi (R-WY), who heads the Health, Education, Labor, and Pensions Committee. Another important player, Senator Lamar Alexander (R-TN), acknowledged when he introduced a trio of bills in January that some of his colleagues "may wince at the price tag" of the legislation. But he cautioned that "maintaining America's brainpower advantage will not come on the cheap."

    Although none of the staffers involved would speak on the record, several confirmed that talks are taking place "on a regular basis." They say Frist is determined to cobble together a single bill--with lower authorization levels and fewer new programs than in any of the pending versions--that the Senate could adopt during a 4-week window in September. Prospects in the House are less certain, although Boehlert says, "Hope springs eternal that we'll get an opportunity to go to the floor in September."

    Optimists, who hope that all sides will view a competitiveness bill as an asset heading into the November elections, dream of an Administration that accepts a competitiveness bill in return for getting its ACI education programs authorized. Pessimists worry that the House leadership will scuttle the effort by portraying the bills as a vehicle for "wasteful spending" and "a bloated bureaucracy." And although nobody's betting that Congress will act this year, nobody has thrown in the towel.



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  • H4_losing_hope
    02-13 08:07 PM
    See no GC? Hear no GC? Talk to IV

    like it!




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  • sujan_vatrapu
    10-26 10:38 PM
    to be 'fair' FOX is better in the sense we know what we are getting but if u look at NPR, CNN, CBS, ABC, NBC, they make us believe they are giving out a balanced view of the world but they all have a 'liberal' agenda, to understand the issues better you have to listen to both sides of the argument, by criticizing FOX over and over in this forum we are shutting down cone side of the argument, many commentators on FOX expressed their supporting of legal immigration,



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  • cox
    June 18th, 2005, 08:34 AM
    I got brief but glorious light this morning. My skill was not up to the light, but I tried to make the most of it. Let me know what I did right or could have done better. Thanks!

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  • valuablehurdle
    02-23 04:14 PM
    Can anyone tell me which are the states that have in-state tuition fees for the H4 visa holder? It maynot be an exhaustive list but atleast need to start somewhere... Pennsylvania does not allow it... and this is the reason it is becoming increasingly difficult for my wife to keep on studying on my salary.

    Answers greatly appreciated...



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  • brahmam
    09-04 11:22 AM
    OK, now that we all are agonizing over what's gonna happen, I think the following could be a possibility. USCIS has pre-adj almost 150,000 apps and has got nothing more to do now and the new Q1 for 2010 has around 35,000 visa numbers available to be processed.

    Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.

    who votes for this russian roulette option? :D




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  • popoye
    01-15 01:40 AM
    video.google.com/videoplay?docid=2117058646892668334: Charlie Rose's Panel



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  • sheela
    08-22 11:26 AM
    I applied on June 12 (paper file) at TSC , Notice date June 18th , RD June 13th and received EAD cards on Aug 18th (CPO mail on Aug 15th).

    Hope this info helps.

    e-filed EAD renewal on 5/27 TSC
    FP:6/21
    still waiting....

    EB2 i
    PD:10/05, I140 approved 2/06




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  • jfredr
    08-10 03:29 PM
    Reforms To Visa Programs For Highly Skilled Workers.

    IMPROVING EXISTING IMMIGRATION
    22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
    23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.




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  • indianabacklog
    10-12 07:27 AM
    I am scheduling an Infopass appointment at my local USCIS office in the hope of getting an interim EAD. It has been more than 90 days since they received my application.

    I have a few questions:

    1. What do i need to bring?
    2. What should i expect?
    3. What kind of questions would they ask?


    Your experience in this matter is great appreciated!

    Thanks in advance!


    Take your original receipt notice and the infopass appointment sheet so you will be let in to talk to someone.

    The officer there will email/call/get in touch with the service center who is processing your EAD application to see what is happening. The reality is that normally you will get your 'actual' EAD within two weeks from then. It takes as much time to produce and send an interim card (also big waste of money) as it does for them to adjudicate your application.

    It really is no big deal.




    Oasis52
    05-16 09:06 AM
    Thanks you are right on consular processing and you are also right that on transfer receipt one can start working

    But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.

    So thats something i am trying to sort out.




    boreal
    08-29 01:54 PM
    I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
    Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
    On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
    Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.

    My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)



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