Monday, June 13, 2011

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  • rahulpaper
    08-22 04:37 PM
    Background: I am on 7th year of H1B (7-10 year extension based on approved 140). My H1stamping is valid till 2010. Applied 485 on Aug 1st 2007. Did not apply for EAD/AP.
    Loosing job in my company is becoming realistic scenario in near future(no predictions yet) so...

    Scenario 1: If in next few weeks (before 180days or AC21) I have to change Jobs, Can my new employer just transfer H1B (since H1B was extended on approved 140 Hence the confusion) or do they have to go through PERM + 140 and then do H1B transfer ? What happens if my employer revoke 140 (based on which i had the H1 extension) Do I loose ability to transfer H1B?

    Scenario 2: If after 180 days (from aug 1st) I have to change job (using AC21) ..can my H1 be transferred to another employer without having a labor / 140 or will the new employer have to go through PERM + 140 to transfer H1?

    I understand EAD is an option so I will apply for EAD but looking at number of applications it may be months before I get EAD card.

    Thanks in advance




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  • hopefulgc
    03-05 01:30 PM
    Yep.

    If the EB system is categorized by country quota, what is what would be the apparent use of capturing data without the unlerlying country of origin of the applicant?
    If the data is truly not available, what system are they using to anticipate demand and inform the DOS?




    Based on the reply to this FOIA from Needhelp!, it seems that we have a bigger problem than transparency.

    They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.

    Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.




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  • gsc999
    09-19 10:59 PM
    Campaign contribution is the lubricant oil of politics (all pun intended - big oil is the biggest contributor to both parties).

    Strength of IV & the skilled immigrant community should translate to campaign dollars. If the skilled immigrant community is in powerful positions in big firms, they can influence company contributions. Same applies for companies (to be) founded by immigrants.

    We need to put our money where our mouth is.
    Sapota,
    Thanks for your message. I just wanted to clarify that no IV member should contribute or volunteer for a lawmakers election efforts because it is illegal to do so. Only US citizens can do that. We can only influence indirectly.




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  • akred
    03-24 06:49 PM
    Honestly speaking; if the laws were followed the way they were meant to be; it would be extremely, extremely difficult to get h-1b; labor processing and 140's approved.

    Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.

    There is a logical fallacy here. What you are saying is:

    Suppose country quotas exist to limit abuse
    There are country quotas
    Therefore abuse is limited

    The very fact that you are complaining about abuse in the system disproves your proposition.



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  • willgetgc2005
    07-16 06:58 PM
    I changed my law firm to www.gotcherlaw.com. Ron gothcher is very good and speaks at length,answers all questions.





    If u take www.gotcherlaw.com, do insist on Ron Gother as your attorney and Peter Calrk as ur para legal. They are good.

    I highly recomend. They give you time and answer all questions.


    Hi,

    I have read your previous posts. No clue about the lawfirm you mentioned.

    speak to Ron Gotcher at www.gotcherlaw.com, in los angeles, very experienced.

    best.




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  • bobzibub
    08-06 12:12 PM
    The Best Countries For Business, 2009 - Forbes.com (http://www.forbes.com/2009/03/18/best-countries-for-business-bizcountries09-business-washington-best-countries.html)

    Denmark is #1, USA #2, Canada #3.



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  • gsmishra
    07-21 01:00 PM
    Can you please explain how is this related?
    Our I-140 has already been filed but we dont have receipt notice for that.
    We are wondering how to file I-485 without I-140 receipt notice?


    This may be useful to understand a little more about e-filing of I-140 for those of who doesn't know much because the employer/lawyer doesn't give u full information. There appears to be no e-filing for I-485. Anyway navigate thru the USCIS pages for more info.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=47f2065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD


    Instructions for Electronically Filing Form I-140

    Please note that the Premium Processing Service has been disabled within the e-Filing System for Form I-140. Please refer to the instructions for paper filing if you would like to request Premium Processing Service for Form I-140.

    Form
    I-140, E-File Immigrant Petition for Alien Worker

    If E-Filing is not the best option for you, please see the paper-based Form I-140.

    Purpose of Form
    To petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien.

    Who is Not Eligible to E-File This Form
    You are NOT eligible to E-File this form if:

    You are applying for a waiver of the filing fee.
    You are requesting that your case be expedited (does not include filing for Premium Processing)
    You are a Soviet scientist
    Who Is Eligible to E-File This Form
    Any other alien, except those listed above, may be the beneficiary of an E-Filed I-140 petition.

    Filing Fee
    $195

    Initial Evidence and Supporting Documentation Required
    See Instructions to the Paper-based Form I-140.

    If you are required to obtain a labor certification from the Department of Labor, do so prior to E-Filing Form I-140. The original Labor Certification signed by the filer and certified by the Department of Labor must be submitted with supporting documentation to the Service Center that has jurisdiction over your case. See your Confirmation Receipt Notice for the Service Center's mailing address. The required initial evidence must be received by the Service Center within seven business days of E-Filing the Form. If you do not submit the required initial evidence in the requisite time period, you will not establish a basis for eligibility, and we may deny your petition or application.

    Also see the general instructions for Submitting Supporting Documentation for an E-Filed application and/or petition. You may access those instructions from the Related Link on the right.

    Concurrent E-Filing
    E-Filed I-140 petitions can only be Concurrently E-Filed with the following applications under the following conditions:

    I-907 application: Only if the I-140 beneficiary selects Petition Type "e" - A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor degree) or a skilled worker (requiring at least two years of specialized training or experience) in Part 2. For all other petition types, the e-Filed Form I-140 is not available for premium processing.
    When E-Filing an I-907 concurrently with an I-140, the 15-day Premium Processing guarantee will not begin until the supporting documentation for the I-140 is received at the Service Center that has jurisdiction over the I-140.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.


    Supporting documentation

    Submitting Supporting Documentation

    Supporting documentation is the initial evidence that is required as proof of identification and as justification of eligibility for a benefit. These documents are required for USCIS to make a decision on your application. Examples of supporting documentation include copies of birth certificates, marriage licenses, Permanent Resident Cards, etc.

    Check the instructions for the form you are E-Filing to determine what supporting documentation, if any, is required.



    Instructions for Submitting Supporting Documentation for E-Filed Applications Only

    Review the instructions for your E-Filed form to determine what supporting documentation is required.


    Please Note: If you E-File Form I-90, you must submit all required initial evidence and supporting documentation at the time of your in-person appearance at your local ASC. Please see the Form-Specific Instructions for E-Filing I-90.

    Gather your supporting documentation for your E-Filed application.
    Originals and Copies. In almost all cases, submit a photocopy of your supporting document to the USCIS. For more information, see How Do I Know If I Need Original Documents? If form instructions state that a copy of a document may be filed with an application, and you choose to send USCIS the original, USCIS may keep that original for our records.
    Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.

    Print a copy of your Confirmation Receipt notice and attach it as a cover page (or first page) to your supporting documentation package.
    DO NOT include a copy of your E-Filed application with your supporting documentation.
    If you E-Filed several applications concurrently (see E-Filing Forms Concurrently), you will have a Confirmation Receipt notice for each application submitted.
    Include the Confirmation Receipt notice(s) as the first page of the supporting documentation for each application.
    DO NOT include any paper-based applications or fees with your supporting documentation for the E-Filed application.
    NOTE: All Attorneys and Organizational Representatives E-Filing an application or petition on behalf of a client, MUST perform the following steps:

    Generate a copy of the G-28 (it will be generated as part of the PDF file application after you click the �Finish� button).
    Confirm that the Applicant/Beneficiary/Petitioner name and address information does appear on the G-28.
    If the Applicant/Beneficiary/Petitioner name and address information does NOT appear on the G-28, print out the G-28 (it will printout with the PDF file application).
    Make a copy of the G-28 for each application electronically submitted.
    Fill in the Applicant/Beneficiary/Petitioner name and address information by hand.
    Sign each G-28.
    Submit the completed and signed G-28s to the address on the Confirmation Receipt notice with the required supporting documentation.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Keep a copy of your Confirmation Receipt notice(s) and application(s) for your records, noting what supporting documentation you mailed and the date you mailed it. You may wish to make a copy of the entire package before mailing it.


    Place all supporting documentation into one package and mail it to the address provided on the Confirmation Receipt notice. If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Failure to follow these guidelines may result in processing delays or even denial of your application.




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  • insbaby
    07-18 11:52 AM
    Welcome our new friends to share the green cards.

    http://www.informationweek.com/news/management/h1b/showArticle.jhtml?articleID=209100686



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  • ncrtpMay2004
    03-26 12:23 PM
    Just to add.... porting process is legit for EB-2 as well. EB-1 is current now. :p

    ***
    The Indian CRAB is the story of how a fisherman kept a basket with crabs, uncovered. When asked, he replied " They�re Indian Crabs - If one tries to climb out, the others will pull it back in, hence there�s no need for a lid "
    ***
    The Indian CRAB - Contribute - MSNIndia (http://content.msn.co.in/MSNContribute/Story.aspx?PageID=222e21f3-f981-4a9c-9f9b-a5706f249433)



    Porting process is a legit process and for well qualified EB-3 india folks thats the only ray of Hope.

    You can rant about it but noone going to stop the porting process becaue the folks who initially filed under EB-3 are now eligible to get Job promotions , new roles and responsibilities in their Career and in some cases new Sr. Job positions which are qualified EB-2. By the way they do file new PERM labor and new I-140, it is not a automatic qualification just based on number of years waiting in the endless EB-3 india queue.

    Under the current circumstances where EB-3 india doesnt get any spillover numbers or any such relief like VISA recapture bill, do you expect them to go behind the lines with new EB-2 PD? What about the wait period in the backlog centres, in the PERM process and for few I140 stage waiting period? Its the law and people are following it. You can try porting to EB1 if you are qualified enough and port your EB-2 PD to EB-1.

    Just because you are qualified initially for EB-2 doesnt mean others are inferior and they are not eligible to port to EB-2.




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  • ItIsNotFunny
    03-06 12:02 PM
    I received the same response. I am in for contribution.

    Please vote and respond here:

    http://immigrationvoice.org/forum/showthread.php?p=323744#post323744



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  • ekkatip
    03-14 02:32 PM
    My experince in porting EB3 to EB2.

    One of my friend labor was applied in Eb3 since he was not eligible for eb2 in 2002. His labor and I-140 was cleared in 2006 and waiting to apply I-485.
    Meanwhile he got promotion in same company. So he applied for EB2 labor.
    (If 50% of job duties change you can claim experience gained in that company.)
    He applied another labor in Eb2.
    Eb2 labor cleared from same company.
    I-140 cleared (ported old priority date.)
    Applied I-485 in early 2007.
    He got GC by end of 2007.

    My case was also similar.
    My labor was applied in 2002 in Eb3 since i was not eligible for eb2 in 2002.
    Labor and I-140 cleared in 2006.
    Got promotion in same company. I asked my company to apply labor in EB2 and port PD. They agreed to pay potion of the cost.
    My Eb2 labor approved in 2007 (perm)
    I-140 approved but Texas service enter screwed my case they did not ported by old priority date. I-140 approved with PD date 2007.

    My attorney requested USCIS to port PD but no luck till now.

    I spent 7000$ for this.



    Bottom line is Porting of PD from Eb3 to Eb2 worked for some people only.




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  • satishku_2000
    06-09 07:10 PM
    That is right. But same country quota is there in EB system also. So in point system also 80% of people will get same quality of people as current system. But advantage is process delay will be eliminated.

    I think people should read the legislation completely and understand before they comment on the proposed system.

    With the existing system people will wait for their turn , In the proposed new system the application gets trashed and one cannot apply for 3 more years if one can not make it in the year he or she applied.

    What are the rules governing the new system when more people get highest score than the available green cards per country . It would be another lottery . This can not be a merit based system unless they remove country caps.



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  • needhelp!
    02-21 11:58 AM
    Hope you get more than 250.

    Just received confirmation of 4 more letters which takes me to 200!! Going to shoot for 250 and will send most of these new ones to NORCAL, will send final batch close to March 1st. Keep them coming folks.




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  • nitinba
    07-20 05:30 PM
    I understand that it might be late and filing a case might be expensive etc. But how come people like murthy.com etc. were willing to fight the sudden revoking of I-485 by UCIS along with AILF? It will only be hypocritical to consider that as injustice and this as not. I don't think filing a case is going to bring the whole process to a halt. The BEC will still continue to process the cases while this case goes on.

    We have to do away with all those naysayers and all those IFs and BUTs. I don't belive in it.

    We know we have a justified case here and it is a simple matter of whether we are willing to fight.

    Why can't we get the support of AILF for this or other law firms? I know there are enough people who have been affected to justify that.
    I am with you buddy, but u have to understand
    1. AILF will not file such case as they dont have big numbers of people supporting it as plaintiff
    2. Your reasons are justified but you forgot one thing: US govt agencies (whether it is USCIS, DOS or DOL) treat immigrants as with the principle "beggars are not choosers", so per them you as an individual and your feelings doesnt matter much
    3. Try to think positively, even though everyone will file 485 now but come Oct and if your labor is approved by that time you will be much ahead of everyone and you will not loose your place in the line. I am sure u will get GC approval before most of the July filers

    Stay positive, stay calm. May God bless you!!



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  • raju123
    02-10 10:58 AM
    With a due respect, I am differ with your statement on Competeamerica. Competeamerica has always promoted H1B and EB provision together. I haven't seen any time that they promoted only H1B.

    I spoke with one guy at Competeamerica and he told me that IV is neutral on H1B issue eventhough all members have came through that root. Personally I am very positive with Competeamerica and it is not good for us to speak negative for this organization.

    As the saying goes �the proof is in the pudding" anybody can give statements but it is the results that matter. What results has compete america achieved, they are just giving lip service. Contrast them with the health industry lobby which has achieved results year after year. Compete america ultimate goal is more h1b which they will achieve one way or the other.

    Don�t get me wrong, I am not saying compete america is bad, I am just saying there focus is on H1b and not as much on EB relief. If they face a hypothetical situation where they can get either H1 or EB, they would gladly choose h1, that�s the bottom line. Its better to have somebody like compete america rather than nobody, but we need a corporate lobby whose main focus is eb relief.

    And there is an important lesson to be learned from the health industry lobby. They just did not say they want CIR or skil and then went back when both cir and skil failed. They started chipping away at individual items like 50000 visas for Schedule A last year and 90000 this year from unused\recaptured visas. We should also be asking for our individual line item, 485 measure. This is how a war is won, one battle at a time. It is unrealistic to have an "all or nothing" attitude that people opposing 485 measure have. If the health industry lobby had such "all or nothing" attitude they would not have got the 50000 visas last year nor would they have been trying to get the 90000 this year. Hope we learn from them.




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  • GCwaitforever
    06-19 05:28 PM
    Yes but that is when the provisions of the bill come in to effect.
    There is another clause which says "Any pending visa applications filed before the INTRODUCTION of this bill will be counted under the old system". In other words all the I-140s filed after May 15th ( Or June 19th) will have to be re-filed under the merit system if they are not approved and GC received when the Bill is in effect. That Effective date is the one you are refering to. Introduction date is when the bill was added to the senate calander.

    Yes. On page 291 bottom, that phrase is there (line number 40, section b). It talks about keeping those petitions intact. I believe the effective date is still October 1st 2007.

    There is a reference about labor certification applicants keeping their priority dates. The expectation could be that BECs will clear all petitions by September 30th 2007 and there would be a rush filing for I-140s before October 1st 2007.



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  • shyamsk
    05-20 06:13 PM
    Hi Everyone,

    After checking in google, I found this information and felt very happy about it.

    Until yesterday I was not aware of this condition and expecting the benefit from IRS. After checking the IRS schedule and validating the benefit, I was shocked when it said not eligible because of ITIN reasons. Initially I thought it was a mistake by IRS and called them up but there was no answer.

    Now, I have little hope that they'll classify people who filed H1+H4 jointly should atleast consider for $600 benefit. I'm with two children and had initially high hope and a long list for spending the amount. But now that is all past....

    I would like to thank you everyone for taking this step of passing on the information and following up with legal, SSA & IRS authorities. Please do let everyone in the list know if as a group anything can be done. I would also like to share towards it. I live Redmond, WA.

    This is not right when other people who filed singly received the money not we. We're treated as illegal and I believe this is a discrimination for this group of people.

    Shyam.




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  • Administrator2
    06-13 11:34 AM
    Eb3 v/s Eb2 is a nonsensical nonproductive meaningless argument. If you actively participate in speaking with the lawmakers, you would know the bogus nature of this squabble. Each one of us has a choice. We can continue with this pissing contest or we could do something to fix the backlogs. We all understand the frustration and anxiety due to the long delays. It is easy to be drawn in meaningless eb2 v/s eb3 quarrel in the virtual world when one is not privy to how things work in the real world.

    If you feel compelled to engage in infra and trivia, please utilize your energy for your benefit by understanding the larger debate so that each one of us can employ our energy to fix our issues. Please use your energy in a positive manner. There is no point of this discussion. It is easy to write/post arguments just to support your own application/position in line. Anybody can do that. But such narrow minded approach will not help even a single soul on this planet, including yours. For those of you who want to continue with this bickering, you can do so at the expense of your own time. And when you engage in such arguments, please remember that whatever you all write or post about this nonsensical back-and-forth is not helping you or your family. But if you are sincere and care for this issue, if you truly care for your issue, then please consider participating actively to meet with the lawmakers to make our voices heard.

    Members who actively engage in the advocacy effort know when we are saying. For example – talk to nearly 125 IV members who lead the lobby day in DC during the past week. They will tell you the bogus nature of this Eb2 v/s Eb2. Stop wasting your energy arguing thing which have no meaning. Please utilize your energy in finding fix for the backlogs because there will never ever be a bill/set of provisions only for Eb3 or only for Eb2.




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  • hankles
    02-29 03:01 PM
    I sent one letter each to IV and the President a few days back.




    H1bslave
    11-15 04:01 PM
    Doesn't it sound rude... they celebrate, feast and we fast. If we admire this country for giving us so much we should also show our support and adopt the culture and celebrate with them to show we are tax paying Americans who enjoy in American way.

    We can show our protest by sending 1-wish for our own GC ( may be in the form of Christmas tree ornament) to all law makers. Everybody makes a wish and our wish is GC.




    what_now
    05-30 05:20 PM
    contribute....



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