вторник, 14 июня 2011 г.

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  • H1B-GC
    05-27 10:36 AM
    Do u think, we did't do that.. We did everything possibly we could but of no help and been to three diffrent DMV's.. same old crap.. This seems to be a bigger problem than getting GC.. now we will be restrictited of driving too??

    Talk to your Local "state" Congressman(woman)/Senator.




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  • mnq1979
    06-26 05:07 PM
    If the registration date on the birth ceritificate is latest, not obtained during her birth, then you might need to back it up with secondary documents. Any of the above said documents, including 2 affidavits, should be submitted along with the bc. In any case make sure that all secondary documents includes both your parents full names. If you are using 2 affidavits as secondary documents then make sure that affiants full names and their date and place of birth information is also included. This is exactly what I did. I have submitted latest bc and backed up with 2 affidavits. This is what I learnt from my attorney. USCIS has received my response and application processing resumed and I am putting my fingers crossed:rolleyes:.

    I will let u know if my status has changed. Please keep in mind that what I said all along in this thread based on my experience. Do some more research and come to your own conclusion. Good luck.

    Can you please provide a template that how the affedevit should be. I mean is it possible you can provide the TEXT information of the affedevit that how it should be written.
    2 affedevits mean One from Father and one from Mother right !!!!




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  • tabletpc
    03-28 02:50 PM
    I got this from different website(not sure if I can quote here).

    Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

    I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D




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  • qtoask
    07-05 11:22 AM
    OK.. We have almost 200 Ready to send flowers...

    http://immigrationvoice.org/forum/showthread.php?t=6025


    1. The date will be July 10.

    2. Color of the flower is white (peace)


    Q1. Let us know Where to send....

    Q2. Also if you can pen 3 or 4 lines what message to send along with the flowers.



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  • mps
    08-15 05:00 PM
    :p You just killed spirit of "AC21"

    :D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !

    I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let�s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?




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  • at0474
    01-09 03:14 PM
    I know at least 5 colleagues with early-mid 2001 PDs who applied 485 last year. They're still waiting. Admire their patience.

    --I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now.



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  • cagedcactus
    05-02 01:54 PM
    I just received an email from my lawyer that my I 140 was denied.
    The reason stated was my company is not able to prove the funds to support my salary.
    I am on 5 year of H1-b. Exactly one year left.
    I dont want to stay with same company if I have to file fresh in PERM. What are the best options available for me now?
    If I transfer the H-1, do I have enough time to get approve in PERM and a new I 140 to file extension for three more years on H1-b?
    please help....




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  • rb_248
    11-17 02:27 PM
    My company is layingoff people. We have been through 5 rounds of layoffs. They have asked all the H1Bs to hold off until about 6 months after the final layoff is over. They have issued written memos to all my cols in H1B stating this reason. Truly unfortunate.



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  • greyhair
    09-08 12:54 PM
    Ban in private company out sourcing also is very much necessary for USA. These so called multinational companies are minting money and this is not benefitting any one except the higher executives and board of directors of those companies. and of course Politricians.

    PS:- If I am in India I will never say that OS is necessary, India should grow on its own pace with her talent and brains. India should have their own economy and techonology and not OS money going around.
    Great OH, baan Private OS also.


    India is growing of its own, using the talent and brains partially to fulfill orders outsourced from across the world. What is wrong with that? Its a fair business practice. Back in 1980s and early 90s no one in rich countries were oppose to the idea of open business between all the countries. Back then everybody in rich countries thought that since they already have well placed institutions and larger companies, they will buy out all the local companies in smaller poor countries, creating more employment for people in rich countries. No one in the rich countries was oppose to the idea of open economies back then. Guess what. We have come a full circle now. Just because it is hurting a few million people in rich countries, all of a sudden OUTSOURCING is a curse word. Get over it people, cry as you may but outsourcing aren't stopping. Ohio is playing the election gimmicks. OH government is not outsourcing any work anyways. To the contrary, if OH was outsourcing, the State government would be more productive and without deficit.

    One more thing. Outsourcing is the not reason why Indian economy is doing better than others. Because some work is outsourced to India does not simply mean outsourcing is the reason for better economy. This is a simple explanation but the wrong explanation. Indian economy is doing better because during a course of many decades, people and government have spent less than what they make/produce and more importantly, instead of throwing money on the wrong wars, they spent money on the right things. Is that so difficult to understand that we must credit outsourcing for the state of Indian economy.




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  • chunky
    07-26 03:17 PM
    Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency



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  • VisaVisa
    09-10 10:28 AM
    the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
    I agree.
    I have also heard that it can be picked up from a consulate. How does that work?




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  • sandy_anand
    01-24 10:16 AM
    We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.

    Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.


    No FB Spillover
    High PERM approvals


    Divergent opinions. Let's hope for the best!



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  • chanduv23
    08-05 10:56 PM
    ^^^^^^^^^^^^^^^




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  • conchshell
    05-04 03:05 PM
    Its a good idea to gather support letters from employer. However, I have doubt that American corporations will openly support us. Two reasons:

    1. No corporation would like to get the ire of local population, which does not even understand the difference between legal vs illegal immigration.
    2. The longer legal immigrants get stuck in the limbo ... the better for the employers. That's why corporations always ask for more H1B visas, but almost never voice for faster green card processing.

    My 2 cents.



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  • snathan
    03-27 12:49 AM
    Hello,

    I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

    " An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    As i can work only 240 days from my I94 expiry date, i can't work after July 2010
    so am planning to go to India to attend the embassy as soon as possible.

    Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

    Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
    clearance is done. I am in fix what to do??.

    Any help is appreciated.

    Thanks in Advance,
    Satya.

    Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.




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  • tammigaw
    02-15 12:16 AM
    i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .

    But now he is claiming that i cant join full time with the client as well.

    During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.

    Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?



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  • visafreedom
    07-03 11:39 AM
    Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...

    Dont tell me you never take vacation ;-) If that is true, I will hire you.




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  • sunny1000
    01-02 04:59 PM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria

    Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.

    In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.

    CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).

    Below is the link for Advance Parole:

    USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)




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  • waitingnwaiting
    11-16 01:35 PM
    ABC NEWS: Will Congress Vote on DREAM Act for Illegal Immigrants in 2010?

    Senate Majority Leader Reid, Speaker Pelosi Weigh Lame-Duck Vote on Immigration

    By DEVIN DWYER

    WASHINGTON, Nov. 15, 2010�

    Senate Vote on DREAM Act, Immigration in Lame-Duck Congress? - ABC News (http://abcnews.go.com/Politics/senate-vote-dream-act-immigration-lame-duck-congress/story?id=12136182)



    They came through for him during a tight reelection campaign in Nevada. Now Hispanic voters are looking to Senate Majority Leader Harry Reid to return the favor.



    Reid has promised a Senate vote this year on a small piece of immigration legislation known as the DREAM Act, which would give hundreds of thousands of undocumented immigrants a conditional path to legal residency.



    "The answer is yes," Reid told Univision host Jorge Ramos in October when pressed about whether there will be a vote. "I have the right to bring that up any time I want."



    As Congress reconvenes this week for the final session of the year, Reid now has roughly a month to make good on his promise.



    Many immigrants and immigrant advocates, particularly Hispanics, have been disappointed by Congress' inaction on legislation to address the situation of millions of the country's undocumented immigrants, particularly those who are young children.



    However, Republican opposition to efforts to legalize undocumented immigrants, a packed end-of-year legislative agenda and a bleak track record for controversial bills during lame-duck sessions all cast doubt on chances of the bill's passage this year.



    The DREAM Act would grant legal status to immigrants who complete college or at least two years of military service and maintain "good moral character." It would apply to immigrants younger than 36 years old who arrived in the U.S. illegally as children under the supervision of their parents.



    "We are very confident this will come up for a vote," said Flavia de la Fuente of the adovacy group DreamActivist.org. "We are confident that the American people and that the moderate GOP will make the right choice when it comes to investing in the future of this country."



    Reid attempted to attach the measure as an amendment to the defense authorization bill in September, drawing intense protest from Republicans, who accused the Democrat of playing pre-election politics.



    Ultimately, Republicans blocked the effort to bring the defense bill to the floor for debate, precluding a chance of adding the DREAM Act. The bill also included a repeal of the military's "don't ask don't tell" policy.



    "We're going to vote on the Dream Act; it's only a question of when," Reid said after the vote. "It's a question of fairness. This is not the end of this."



    Many activists on both sides of the issue agree, however, that chances of the bill's passage are only going to grow dimmer with an influx of Republicans set to join the House and Senate in January.





    Roy Beck, president of Numbers USA, a group that favors tighter immigration controls and supports Republicans' efforts to block the DREAM Act, said the measure is flawed.



    "Some of these [immigrants] are compelling cases, no doubt about it," said Beck. "But you've got to draw some lines a lot narrower than the DREAM Act draws them. This is about giving millions of illegal aliens permanent work permits, and I don't think in this economy that this is a very happy time to be doing that."



    President Obama supports the legislation, as does Defense Secretary Robert Gates, who says it would help recruitment, and Education Secretary Arne Duncan, who says it's "the right thing to do for our country."



    But it's unclear whether the administration will push behind the scenes in the weeks ahead to make it a legislative priority. The Congress already faces challenging debates over whether to extend the Bush tax cuts, fund the federal government through 2011, and approve a controversial defense spending bill.



    "The president supports the DREAM Act and I support the DREAM Act. The president supports immigration reform, and I support immigration reform. And how Congress takes that up is for the Congress and the leadership to decide," said Homeland Security Secretary Janet Napolitano in September.



    The DREAM Act has received some bipartisan Senate support in the years since it was first introduced in 2001. It was approved as part of immigration reform bill in 2006, but the package later failed in the House. In 2007, the Act was filibustered when it came up for an up-or-down vote.



    Speaker Nancy Pelosi has decided not to list DREAM Act as a priority for this week, a senior Democratic aide told ABC News. But it could come up after Thanksgiving.



    According to the nonpartisan Migration Policy Institute, about 2 million of the nearly 11 million undocumented immigrants currently living in the U.S. could be eligible for legalization under the DREAM Act.



    The group also estimates, however, that only 825,000 of those immigrants would ultimately take advantage of the law if it were enacted.



    ABC News' John Parkinson contributed to this report.




    DESERT NEWS: Sign the Utah Compact

    Published: Sunday, Nov. 14, 2010 12:00 a.m. MST

    Sign the Utah Compact | Deseret News (http://www.deseretnews.com/article/700081235/Sign-the-Utah-Compact.html)



    Already recognized by Forbes Magazine as the top state in the nation for business, Utah further burnished its reputation for pro-family and pro-growth policies this week as civic, business and religious leaders signed the Utah Compact, a declaration for principled immigration reform.



    Historically, during periods of economic recession, business leaders and policy-makers have reverted to what economists call zero-sum thinking � the belief that one person gains only when another loses. When we only have so much pie, it is entirely rational to worry about how the pieces are divvied out. And when the pie is shrinking, the rules for who gets a slice become even more critical.



    Fixed-pied concerns are undoubtedly part of what lies behind the complex debate about immigration. There is understandable fear that immigrants might take increasingly scarce jobs and resources from citizens. And any public expenditure on immigrants, whether through social services or law enforcement, draws down a limited public treasury that deserves scrupulous stewardship.



    But people also intuitively understand that the best way to ensure more pie over the long term is not to hoard what is being served right now, but instead figure out how to expand the pie. This is what economists call positive-sum thinking � the belief that through exchange we can expand the pie, not simply fret about how it is divided.



    The recent recession, followed by a jobless recovery, has served up a fixed-pie economy. But zero-sum or fixed-pie thinking is never the path toward sustained prosperity. And as many of Utah's prominent civic, business, and religious leaders signed a declaration on immigration reform called the Utah Compact, they sent a powerful signal to the world that Utah embraces positive-sum, pie-expanding thought and policies. Instead of creating a hostile environment for immigrants, they have outlined thoughtful principles that embrace the promise afforded through immigration. They have sided with the consensus view of pro-growth free-market economists who recognize that immigration actually creates jobs and revenue. (www.nytimes.com/2010/10/31/business/economy/31view.html)



    Even more important than the powerful economic growth message inherent in the Utah Compact is its embrace of those core values that support a free, humane and prosperous society: respect for the rule of law, respect for families, respect for individual liberty and respect for the dignity and humanity of each individual. It emphasizes an orderly approach to the critically important concerns of enforcement and security.



    The Utah Compact is not itself a policy � it is a thoughtful declaration of principles that lawmakers should use as they work to craft pragmatic legislation that helps our state deal with the problems and promise afforded by immigration. We are impressed by the array of distinguished civic, business, and ecclesiastical leaders who have signed the Utah Compact or endorsed its principles. We encourage our readers to read the Utah Compact (The Utah Compact - Read the Utah Compact (http://www.utahcompact.com)) and sign it.




    reddymjm
    05-16 09:47 PM
    What is MI phone list?

    They are maintaining list of people who called and from where? My friends called from Michigan. So they said they added it to the Mi phone list.




    ssdtm
    12-12 04:06 PM
    Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

    I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.



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