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  • jasmin45
    08-06 12:18 PM
    Has USCIS started premium processing of I-140 again ?
    Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
    I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.




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  • gc28262
    12-28 12:43 PM
    Of course Grassley Bill will give more restrictions. But it needs to be analysed whether it is right or wrong. The question is if you want to bring foreigners even if skilled persons are available for that job in USA. If answer is yes then the labor test and layoff provision is wrong. But if you really want to bring foreigners only if skilled persons are not available then the provision does not have any impact on the H1b program. And another provision 50% H1b rule will have only impact on bodyshoppers and Indian consulting companies. But not the H1b aspirants and in longterm that will encourage permanent job hiring in reputed companies.

    And if you oppose CIR just for H1b conditions you are going to lose many benefits. Just one provision exclude dependents from EB cap will double or triple GC numbers. And many other provisions will make most or all categories current. I think this time Compete america will not oppose the CIR blindly just because of one provision as they realize what happened on 2007. Smart thing will be negotiate and get a compromise than getting nothing. This is going to be comprehensive bill and everyone will get benefit including anti immigrants. Otherwise nothing.

    snram4,
    You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.

    No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.

    If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.




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  • masouds
    08-27 02:40 PM
    What do you guys think about the movement in EB3 ROW cases starting from October 2008?

    Does anyone has exact numbers on how many EB3 ROW cases can be approved in a given fiscal year?

    140000 is the total worker -> immigrant visa numbers.
    28.6% of which goes to EB3, which becomes 40040. That is for everyone: China, India and Rest of us.
    Subtract the 14% of that number (that is the dedicated number for people born in China and India), it will become 34435. That is your theoretical number and includes applicants' wives and children. Now, unused EB1 and EB2 will come down to be used by EB3, so the number may be lower or higher.

    Now there is something I do not understand: (from http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html, September visa bulletin,)

    D. VISA AVAILABILITY FOR OCTOBER

    The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.


    ...

    Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
    Worldwide Family-sponsored preference limit: 226,000
    Worldwide Employment-based preference limit: 162,704

    Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.


    WTF?




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  • boreal
    09-21 11:57 AM
    I don't agree with more fees for 485 etc ...

    They are already taking too much money out of us ...
    Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.

    Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??



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  • apahilaj
    02-11 06:39 PM
    Count me in. No FP Notice yet.

    same here...

    Opened second SR today for my self and my spouse.




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  • indianindian2006
    05-30 11:12 AM
    I guess in that case there would be a conference between house and senate,and the conferees will be decided by Harry Reid and Nancy Pelosi,they would sort out the differences in the bill and then would send it back to house and senate for a vote.



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  • javadeveloper
    08-31 09:36 AM
    Please do not spread a bad word about Indian companies. Infact 90% of us are working for Indian companies and we very much know we can not go with others due to the fact that experience or openness or waterver the reasons I don't like to mention here. I hope you can understand my request. Thanks.

    Why Not?? 80% of Desi Companies do illegal things like

    1.charging for H1B
    2.charging for GC
    3.Not keeping employees on payroll
    4.Not paying on Bench

    All companies are required to follow the rules/law




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  • dpp
    06-27 11:41 AM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.

    You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.



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  • gconmymind
    08-16 05:32 PM
    Howdy fellow Aliens,

    My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.

    EAD is for work, SSN for Tax purposes, etc. Apply for SSN, I dont think you need to wait for the actual SSN number before your wife starts working.




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  • gaz
    02-04 01:11 AM
    I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.

    I'm not an attorney - so please treat this as my opinion, and not a definitive statement of fact. Based on my personal experience in India, the one year ticket should be fine - you can always postpone the date of the ticket whenever needed (some airlines charge a fee for it). The proof of return is more like an intent to return.

    As for the I129 - my lawyer added no such stamps or certification.

    Please do check with your lawyer also. Also, try calling the US consulate.

    Good luck.



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  • monkeyman
    11-18 09:23 AM
    These responses are based on my experience:
    Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.

    You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.


    Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.




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  • Picasa
    08-13 08:01 AM
    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.

    How this is releated to our cause?:confused:



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  • pkak
    04-27 04:00 PM
    I have still 7 months left over on my 6 year term and they have asked for 3 year extension based on the approved I-140.I'm talking to my company right now and will talk to the lawyer once they receive the denial reason which they should get in 2 -3 days.But my company is ready to appeal.Keeping all this in view if they file for an appeal for what ever reason and based on my visa expirt date which is on 31'Mar 2009 how long will I get to stay and work legally to hear the answer for the appeal??

    H1B extension can be aplied only 180 days before expiry of current H1B




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  • newbie2020
    02-10 09:34 PM
    If i am not mistaken We are looking at a legislation which will atleast renew them for few more months....So just as a word of caution it is too early for any assumption that EB4 Religious workers and EB5 is going to completely expire........ Wait 2 more weeks and we will know...



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  • ardnahc
    09-01 01:56 PM
    Congratulations!




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  • ubetman
    08-07 08:40 PM
    Hi guys,

    How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?

    Applying concurrent: 140/485

    present physical location(my present address) state comes under : TSC
    Future job location state comes under : NSC

    Confused...

    Thanks in advance



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  • EkAurAaya
    07-17 12:09 AM
    From what I have heard so far, you need the receipt number. Talk to your lawyer asap.

    yes that is what my lawyer said, i think you need to include the a# once you have it from one application




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  • tricolor
    06-20 05:12 PM
    A # mentioned in the I-140 appoval notice is the one you should use. Sam, don't confuse the folks here by giving mis leading info.




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  • roseball
    07-20 05:02 PM
    I thought as per the new memo it is advisable to extend your non-immigrant status even if you have filed your AOS and work on EAD.

    I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid.
    When their spouse extended their H1B's, they did also extend the H4 petition to get new I-94's.

    Like the attorney mentioned, you can't maintain H4 and AOS status at the same time. You can file for H1 to H4 COS but as soon as you use your EAD and start working, you will lose your H4 status. Having a valid H4 I-94 does not mean you still maintain H4 status. You can't work on H4, period. EAD gives you authorization to work based on your pending I-485, but then using your EAD will put you back in AOS pending/Parolee status. Hope this helps...




    kondur_007
    08-19 10:51 AM
    While thousands of Indians are trying their best to make a cut into citizenship club, here is one Indian-origin Doctor bringing bad name by commiting immigration fraud.

    Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)

    Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.

    What I don't understand is what is the importance of this news?
    It seems like a US person (he may even been born in US) committed a crime; and got punished. What he did is shameful. But how does it matter if he was of Indian origin or Somalian origin!! (by the way, there is no mention in the news about "indian origin"; he was just a US person and that's all he still is.) That's the beauty of this country, no descrimination.

    If you still eventually want to be identified in news as "of indian origin" rather than US person, you are in a wrong country. This is a melting pot where you will be accepted as "one of them", but you also must have of spirit of "becoming one of them". And yes, you are proudly allowed and you should carry your own heritage with you, just make it a part of the whole society.

    Hope you understand.




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