Tuesday, June 7, 2011

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  • pkd666
    04-07 04:41 PM
    To be very clear what I�m saying below is what I heard from a friend. I do not have a first hand knowledge

    My friend�s neighbor works full time for BOfA and went visiting to India in March and went to the Consulate in Hyd for stamping, his stamping was rejected with a reason that his H1 was sponsored by a TARP funded company. Now if this is true this could just be becasue at that point USCIS had not come out with its TARP guidelines and the situation now may be different. My friend knows this because the victim here called him to take care of his belongings in the APT etc..

    Now I also work for a TARP bank full time and get to hear this from other colleges. Again I want to reiterate, I do not have first hand info. This was told to me by a friend whose neighbor now is supposedly stuck in India for a min of 6 months





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  • jamesbond007
    11-01 08:42 AM
    The government published pay that an LCA is evaluated against is usually lesser than the actual pay for that type of job in a region.
    If your LCA was filed with a salary that is right on the number, you would be in trouble.
    If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.

    We are all used to getting raises and bonuses at the end of the year.
    But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.

    If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
    But if it is across the board, more than likely they will restore as soon as things get better.





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  • alterego
    02-20 08:12 PM
    EB1 is too restrictive! Even a so called NIW (national interest waiver) does not mean EB1 automatically.

    Just food for thought. At this time there are 28600 EB1 visas. The EB1 category is current and has been pretty close to it for nearly everyone throughout the last couple of years.
    Physicians with their many years of education and relatively very high standing in American society are still not automatically eligible for EB1 visas.
    Likewise someone with a PhD who is gainfully employed. Similarly someone who has the kind of skills that are in such desperate shortage that he/she commands incomes sometimes exceeding 250K(as some do have in the SAP field) as per the free market that some in this country believe religiously. When you make this category so restrictive, then who do you expect to fill it up?

    This is a sign of the broken system in my view.

    Then EB2 and worse yet EB3 become stuffed!





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  • whoever
    07-25 03:48 PM
    now what you want to protest for? i guess it should not be misused.



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  • YesGC_NoGC
    10-09 05:15 PM
    The only good part is that they are not jerking the dates back and forth. Hopefully this is a sign that dates are not going to retrogress any further.

    If they apply quarterly spill over, we should see some movement in December. Lets wait and see......


    What else ?





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  • TeddyKoochu
    05-18 02:13 PM
    There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.

    Those are excellent threads buddy. If you look at the content the poster seems to spend significant time to gather the facts and the presentation is extremely detailed. Somebody mentioned the lighten up thread its also great, all work and no play makes Jack a dull boy. I agree that some information may not be strictly immigration related its ok. This is my personal opinion.



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  • gc03
    09-07 02:09 PM
    Actually my husband is primary for GC process.I am on H4 visa.How can he revoke I-140.My PD is may'03 and TSC





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  • getgc2008
    03-05 10:50 PM
    Thanks folks. So my present employer will never know when I change lawyers. If I get any RFE's also within the next 3 to 4 months , it will go to the new lawyer.



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  • uma001
    11-05 09:35 AM
    Who gave me red, idiots...





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  • gconmymind
    11-12 03:35 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.
    If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
    If you are getting the work done from India, only then your clients can pay your company in India.

    This is my understanding. Talk to your lawyer and CPA.



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  • Blog Feeds
    03-22 12:20 PM
    AILA Leadership Has Just Posted the Following:






    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjMDyE6bgAa4Wvw2xQq0Qr9icZfHQi3GyidzxExAvqt1r-A9c6OkkSQh1ueKJXqZ3to120yP7ptyAnwG4p5mGaXvv0InO9mELbqDc8ZCfueeqwFiKOGeqMJSxI2jHqq5OLI5UOwyKVpNbE/s320/2010-03-22+Statue+of+Liberty.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjMDyE6bgAa4Wvw2xQq0Qr9icZfHQi3GyidzxExAvqt1r-A9c6OkkSQh1ueKJXqZ3to120yP7ptyAnwG4p5mGaXvv0InO9mELbqDc8ZCfueeqwFiKOGeqMJSxI2jHqq5OLI5UOwyKVpNbE/s1600-h/2010-03-22+Statue+of+Liberty.jpg)
    "We pushed back on the undue influence of special interests," President Obama said. "We didn't give in to mistrust or to cynicism or to fear. Instead, we proved that we are still a people capable of doing big things."

    The President was talking about the historic healthcare overhaul that passed the House 219-212 last night and is now headed to his desk for signature. Let's hope his statement foreshadows what he will say about immigration reform in the months to come. The healthcare battle demonstrated the fight for immigration reform will be tough. But we knew that. Now, at least, we know that an immigration overhaul is possible.

    It was symbolic that Sunday's immigration reform rally in Washington, which according to reports was tens of thousands strong, was overshadowed by the drama that played out in the Congress over the healthcare bill. Since the Administration took office in 2009, immigration reform has played second fiddle to the overhaul of the healthcare system. But now that healthcare reform has become a reality, it is time for the Administration and Congress to get to the hard work of overhauling our badly broken immigration system.

    The dysfunctional immigration system is a cancer that whittles away at the very fabric of our cherished democratic values every day it continues to fester. Each time an outstanding scientist, innovative business investor, or creative professional is turned away from our country because of inadequate visa numbers or restrictionist agency enforcement America's competitive edge is further weakened. Our nation's ability to compete in a global economy demands transnational employment. Each immigrant that is locked up due to draconian mandatory detention laws, without so much as the right to see a judge, demonstrates that the rights of all Americans are threatened by bad immigration laws. Each undocumented child who is denied a higher education or a chance to serve our country is evidence that the broken immigration system has transformed the American Dream into a nightmare for some of America's most promising children.

    Senators Graham and Schumer began to put pen to paper last week by laying out a four pillared framework for immigration reform: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization. While I have serious questions about a couple of the proposals�the biometric Social Security card raises important privacy concerns for example�I am encouraged that with the passage of healthcare reform immigration will now move to the front burner. Hopefully, Senators Graham and Schumer (and President Obama) took a few minutes Sunday morning to read Tom Friedman's excellent piece in the New York Times about a dinner he attended last week for the finalists of the 2010 Intel Science Talent Search, which, through a national contest, identifies and honors the top math and science high school students in America. http://nyti.ms/aCHxIj. As Friedman writes, most finalists were from immigrant families:


    Indeed, if you need any more convincing about the virtues of immigration, just come to the Intel science finals. I am a pro-immigration fanatic. I think keeping a constant flow of legal immigrants into our country � whether they wear blue collars or lab coats � is the key to keeping us ahead of China. Because when you mix all of these energetic, high-aspiring people with a democratic system and free markets, magic happens. If we hope to keep that magic, we need immigration reform that guarantees that we will always attract and retain, in an orderly fashion, the world's first-round aspirational and intellectual draft choices.


    This isn't complicated. In today's wired world, the most important economic competition is no longer between countries or companies. The most important economic competition is actually between you and your own imagination. Because what your kids imagine, they can now act on farther, faster, cheaper than ever before � as individuals. Today, just about everything is becoming a commodity, except imagination, except the ability to spark new ideas.


    If I just have the spark of an idea now, I can get a designer in Taiwan to design it. I can get a factory in China to produce a prototype. I can get a factory in Vietnam to mass manufacture it. I can use Amazon.com to handle fulfillment. I can use freelancer.com to find someone to do my logo and manage by backroom. And I can do all this at incredibly low prices. The one thing that is not a commodity and never will be is that spark of an idea. And this Intel dinner was all about our best sparklers.


    Before the dinner started, each contestant stood by a storyboard explaining their specific project. Namrata Anand, a 17-year-old from the Harker School in California, patiently explained to me her research, which used spectral analysis and other data to expose information about the chemical enrichment history of "Andromeda Galaxy." I did not understand a word she said, but I sure caught the gleam in her eye.


    My favorite chat, though, was with Amanda Alonzo, a 30-year-old biology teacher at Lynbrook High School in San Jose, Calif. She had taught two of the finalists. When I asked her the secret, she said it was the resources provided by her school, extremely "supportive parents" and a grant from Intel that let her spend part of each day inspiring and preparing students to enter this contest. Then she told me this: Local San Jose realtors are running ads in newspapers in China and India telling potential immigrants to "buy a home" in her Lynbrook school district because it produced "two Intel science winners."


    Seriously, ESPN or MTV should broadcast the Intel finals live. All of the 40 finalist are introduced, with little stories about their lives and aspirations. Then the winners of the nine best projects are announced. And finally, with great drama, the overall winner of the $100,000 award for the best project of the 40 is identified. This year it was Erika Alden DeBenedictis of New Mexico for developing a software navigation system that would enable spacecraft to more efficiently "travel through the solar system." After her name was called, she was swarmed by her fellow competitor-geeks.


    Gotta say, it was the most inspiring evening I've had in D.C. in 20 years. It left me thinking, "If we can just get a few things right � immigration, education standards, bandwidth, fiscal policy � maybe we'll be O.K." It left me feeling that maybe Alice Wei Zhao of North High School in Sheboygan, Wis., chosen by her fellow finalists to be their spokeswoman, was right when she told the audience: "Don't sweat about the problems our generation will have to deal with. Believe me, our future is in good hands."


    As long as we don't shut our doors.
    https://blogger.googleusercontent.com/tracker/186823568153827945-5206373315089430786?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/03/is-immigration-reform-next_22.html)





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  • Sakthisagar
    10-26 03:11 PM
    In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
    Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
    Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.

    Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.

    On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.

    With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.

    Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.

    If there is any hope, your help/advice/inputs will be greatly appreciated!

    Hope is only with "Audacity of HOPE". We are all with you in this journey towards GC. Good luck to all.



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  • superdude
    08-02 07:22 PM
    Depends on the interivew time.We can collect the passports on the same day provided VFS gets them from the consulate. Any person can collect the passports provided they present their id and authorization letter from the applicants.
    Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.

    Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.

    Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?

    thanks





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  • jonty_11
    11-02 10:14 AM
    I would request people to google such trivial infomation. It is avaialble on thousands of websites



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  • logiclife
    06-30 06:19 PM
    The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.

    Be assured we are considering all options. We are also working with like minded organizations and on
    our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
    visa bulletin that will change the current dates.

    Please be patient and continue to support us. We will continue to update on the website as we have any more
    update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.

    Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.

    IV may post update about its course of action as early as Sunday evening.

    IV team





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  • paragpujara
    10-26 11:30 AM
    I am 2nd July filer and have received EAD on 09/06. But so far no updates on AP or FP. I guess there are lot many ppl in the same boat.



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  • sweet_jungle
    12-04 05:46 AM
    This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers

    There were mainly 2 issues faced:

    1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
    The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.

    2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.

    So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.





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  • quizzer
    11-09 12:30 PM
    Hi all,
    Recently I recieved a RFE on ability to pay regarding my I-140.
    I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
    Please suggest me any options that I can do


    Can you tell me ur category (EB2 or EB3) and RFE received date?





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  • saibaba
    12-05 12:03 PM
    It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.

    thank you

    After carefully reviwing the approved 140 ,I found this DOL/ETA case number D-XXXXX-XXXXX (don know whether I can post this number here) in my approved 140 petition under "Additional Information the petitioner" column...but this particular column has info abt my employer who filed my GC and i'm not sure wther it is the same as my GC labor code...

    is this the number u r referring to?





    Green.Tech
    07-18 01:39 PM
    Folks,

    Not to hijack the message posted by the OP, I have a question:

    If I file 485 at this time with EB-3 labor approval, can i still upgrade to EB-2 later with the same employer (after 485 has been filed). I understand that the employer will have to redo the PERM and 140 but is it doable? At what stage will I be able to port the PD from my EB-3 labor in that case?

    Anyone who has done that before? Ideas?





    dealsnet
    02-13 12:43 PM
    First thing to do is to correct the I-94. You can go to any International airport and do it.
    You need to show the documents.

    I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.



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