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Jumat, 10 Juni 2011

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  • sandeepk_c
    06-11 11:37 PM
    One of the posts said that this was for folks on 6th yr and who have PERM in process (Audit in atlanta/chicago). I do fall into this category but this notice (http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf) still confuses/concerns me.

    My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.

    Let me know what you guys think of this.

    Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.

    Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.





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  • Blog Feeds
    01-09 02:20 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjC3Ku9EcBEn74uVAN0m4wPt9fYMFlf98mMrNaY_2JG0LgqbHH13Q2cNNzhDP3XUnb0L4hjsO1HJaXieIwyRapJfyFY1xQUBjxPJlWk6R4pDrkcIF7zd_pMF5mcQi66DEreejmF4LerFxk/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjC3Ku9EcBEn74uVAN0m4wPt9fYMFlf98mMrNaY_2JG0LgqbHH13Q2cNNzhDP3XUnb0L4hjsO1HJaXieIwyRapJfyFY1xQUBjxPJlWk6R4pDrkcIF7zd_pMF5mcQi66DEreejmF4LerFxk/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President


    Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.


    There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.


    While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.


    Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.


    Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.


    It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.


    I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.

    https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)





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  • ksircar
    01-26 09:05 AM
    Thanks ksircar;
    Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
    Thanks
    Venu

    AP remains valid for one year and you need to apply for AP in such a way so that for AP renewal your daughter will be in US during vacation etc. In the worst case, she has to fly from Caribbean to Miami (or any nearest US port) just to apply for AP and go back. These are the hassels you need to overcome if you want to send your daughter to MED school without a GC. I did the same with my daughter. You can PM me if you want to discuss in detail.

    Good luck.





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  • desi3933
    02-18 07:06 AM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks

    You status is H1 and you are accumulating out-of-status days.

    If your spouse is maintaining H1 status, you can go for H4 visa stamping. You may also use AP to travel.

    If you re-enter US on H4, your status will be H4. However, if you have valid EAD, you can use that for work.

    ______________________
    Not a legal advice.
    US citizen of Indian origin



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  • makemygc
    07-11 12:37 PM
    /\/\ Bump /\/\

    I remember one yawl (I guess Chinese national) who participated in flower campaign. You can PM him and see if he/she is from aroung NY area.





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  • morchu
    04-28 03:39 PM
    :) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
    what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.



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  • morchu
    05-06 09:51 AM
    Self employment is an option. But the biggest issue there will be to explain the "permanent" aspect of it. But better than saying you are still looking for job (which can lead to automatic denial). Maybe self-employed approved candidates should come forward and explain their experience.

    Future "permanent" job offer letter from an established employer is safer.

    Dont loose your hope and continue job hunting rigorously. Location/Wage can be different for the new job, all it matters is "same/similar".





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  • jliechty
    September 5th, 2006, 02:55 PM
    And what is HDR?
    High Dynamic Range (imaging) involves creating multiple photos of the same [static] subject at different exposure values (essentially, bracketing). Then you either blend them with layers and masks manually in Photoshop, or use the Merge to HDR function, which works better some times than others (usually not at all for me).



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  • jungalee43
    02-23 08:35 PM
    Now that IV core has given update on CIR, cheer up and join the conference call. At lease now the response should be better.


    _______________________________

    Contributed $360/- so far
    & also contributing $20/- per month
    thru Paypal





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  • amsgc
    01-22 09:57 PM
    Now that you have your answer, let me ask you a question -
    Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?

    I hate to break this to you, but your sense of optimism needs a reality check.

    Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.



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  • PlainSpeak
    02-23 10:30 AM
    sorry to ask this question as it may be asked previously still i need to know the latest info.


    Having AP and EAD ( i am not primary ) and want to travel to india from atlanta for round trip. what are the documents i need to carry ? What are the things i need to follow ? For the infant baby who is USA citizen what documents i need to carry ?

    please reply anybody who knows about these.

    Thank you.

    Primary carry the following
    - Origional EAD and AP
    - As many past W2 as you can
    - Atleast last 6 paystubs
    - All your previous Origional H1B which shows you were always in status
    - Origional Current H1B if applicable
    - Letter from HR of current company stating that you are a full time employee if applicable
    - Copy of 485 receipt notice if available
    - Copy of 140 receipt notice if available
    - Copy of Labour if available


    Dependent carry the following
    - Origional EAD and AP
    - All your previous Origional H4 which shows you were always in status
    - All your spouses previous Origional H1 which shows he/she were always in status
    - Copy of your 485 receipt notice and copy of spouse 485 notince if available
    - Copy of spouse 140 receipt notice if available
    - Copy of spouse Labour if available

    Optional
    - Last 3 paystubs if you are working
    - Letter from HR of current company stating that you are a full time employee if applicable





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  • harryom
    09-07 09:15 AM
    :(My comapny send my package to Nabraska Center (received on 26th July)!!

    None of my checks have been cashed and also I didn't receive any receipt so far....

    IS IT Normal?? Any one in the same boat!!

    Please update!!
    Thanks



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  • ganguteli
    03-24 11:30 AM
    See
    http://immigrationvoice.org/wiki/index.php/RIGHTS_OF_H1B/REPORT_ABUSE/REPORT_FRAUD

    Everyone, please help add more content to this page to help our fellow friends who are abused by employers.

    Please also add content in
    http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER





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  • wait4ever
    11-21 11:58 AM
    Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)

    Happy Thanksgiving


    Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!



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  • amitjoey
    07-11 12:17 PM
    New Yorkers, do not let this opportunity pass by.





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  • permfiling
    02-23 06:11 PM
    Hi,
    My advice is to stick with the same company till u get ur ead. If you move, any company will take 6 ~ 8 months to start the PERM process. I noticed that companies do mention that they will start as soon as you come on board but that never happens as they know your visa status.

    I switched companies after 140 was approved at a big company and I paid the price by joining a startup which closed but I moved on before it closed.

    I have yet to file PERM but I get to retain my PD

    It is my personal opinion based on my experience. Most of the employers don't keep up their word as promised.







    Hi,
    I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
    I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
    I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?

    I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?

    A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.

    Thanks



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  • andy.jones110
    10-11 10:32 PM
    Hi srinivas72,
    1.Do you got your Visa Transferred?

    2.H1B Extension, I94 Expired, H1B transfer before H1B extension. When can I start working with new employer ..after getting receipt or after getting approval.?

    Thanks in advance.





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  • jayleno
    02-14 08:42 PM
    I think the only person who would be qualified for this would be someone who is cryogenecally(typo intended coz I dont want to google for the correct spelling) frozen like Austin Powers.

    By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.


    >> even 50 years
    Incorrect.

    Refer to my previous post on this.



    .





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  • desixp
    03-22 12:24 AM
    Tragic accident in MO. My heartfelt sympathies to the families.

    http://news.yahoo.com/s/ap/20090321/ap_on_re_us/mo_officer_fatal_accident

    DesiXP





    zCool
    04-02 11:26 AM
    You are kidding!
    USCIS can't keep track of applications they receive..:)
    Every document they want they "REQUEST" from you.
    W2, paystubs this is basic stuff dude..
    If you don't have them, there's less certainity.. but this is funny process, people have gone thro' easier on lesser evidence.. !So nothing is a dead-ender if you are lucky..
    In normal cases though.. I think IF (and that's a big IF) you get an RFE, you will have hard time proving A2P but then again maybe your employer is big and has enough profits etc to prove A2P .. so don't loose heart.. but I would advise to just change to a good employer instead of working in this messy situation to get 1 or 2 yrs advantage on PD





    tabletpc
    09-24 10:43 AM
    But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.

    I am single but still I would say Family based visias should be given first preference over employmeent. They need it more than us. Think about the seperated family. GC is not stopping u from working right...?? But GC for familys separated is stopping them from living together.



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