Wednesday, June 8, 2011

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  • fide_champ
    02-15 01:22 PM
    Thanks to everyone who replied.




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  • gc_on_demand
    02-04 04:05 AM
    All State is saying is that they are giving EB2-India a total of 2987 visas. They didn't care about spill over and slow consumption by ROW. They are still acting stupid but this time they are trying to show reasoning for their stupidity. If this report had a consumption of visas till date for FY10 like in a dash board, then they would have seen their own stupidity clearly.

    States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.




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  • dpp
    06-04 02:45 PM
    hi, based on my wife's experience(for H4 based on my H1B) they didn't give the I-94 valid till the full 3 years. They rather gave only for 2 years. Hence saying so.

    Yah, may be yours is a peculiar case. But it won't happen like that always. If it happens to be like that, then you can ask the officer right away to give it to my the end date there on latest approval. Sometimes they are lazy, try to give to the date there on visa stamp only. But if you insist and show the latest approval, then will do it or if he/she can check other officers there and give it to the end date there on latest approval. It all depend on us and we need to check it properly and make sure that they are putting correct info.

    For one of my friend, they gave few more days after the date on approval. So, they can put any date on I-94, if they want to. There is nothing wrong. It is upto the Port of entry officer.




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  • ajaykk
    08-09 10:44 AM
    FAQ #2 - clarified that forms with �Y� designation means that prior version of the form will not be rejected.

    Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
    A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.

    Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.



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  • EkAurAaya
    10-11 01:03 PM
    My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.

    I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.

    One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...

    Go with what your lawyer suggests

    Good luck




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  • vbkris77
    02-04 11:30 AM
    DoS is going to waste visas.. Either they are doing it knowingly or stupidly.

    But the underlying fact stays same... They can conservative all they want..

    What I don't understand is their rationale in being hellbent on not understanding ground
    realities.

    If they waste, I think we should sue them being racists because the beneficiaries are all Asians..

    I think you are making too much out of it. All they have said is 2987 per country. Below they do mention it flows from E1 to E2 to E3. Do you seriously think that they are going to say exactly how much the spill over is?



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  • patiently_waiting
    06-17 06:09 PM
    Hi,

    My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
    notice. I have not filed 485. This is my 10th year in H1b visa.

    My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
    India for 1 year, My employer may or may not apply for my H1B renewal.

    If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
    possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
    the future ?

    Any one, Please kindly give your suggestions.

    Thanks




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  • sobers
    02-10 10:55 AM
    It is important because this article distinguishes "skilled" immigration versus "unskilled" immigration. This country needs more of the former as enounced several times by leaders of industry, academia and politics, but the latter issue is somewhat controversional because of its largely "illegal" nature in the U.S.

    Regardless, this goes to show policy makers here need to be 'smart' and enourage 'smart' people to contribute to this country, as the Europeans are starting to do now...


    EU's New Tack on Immigration

    Leaders Talk Up 'Brain Circulation' To Cure Shrinking Work Force
    By JOHN W. MILLER
    February 10, 2006; Page A8

    BRUSSELS -- Faced with a shrinking work force, Europe's leaders are looking for ways to attract talented foreigners, even as some countries on the Continent close their borders to other immigrants willing to work for lower wages.

    Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the man charged with developing common immigration policies for the European Union, range from a new EU-wide "green card" that would allow skilled workers already in the 25-nation bloc to change countries without extra paperwork, to special temporary permits for seasonal workers.


    "The U.S. and Australia have stricter rules, but they get the right people to immigrate, and once they're in, they integrate them, and give them benefits, education and citizenship" much faster than in the EU, Mr. Frattini said in an interview. Europe's work force is expected to shrink by 20 million people between now and 2030, according to the European Commission, and businesses complain regularly about a shortage of highly skilled personnel, even as unemployment rates in many EU countries remain high.

    In Mr. Frattini's vision, a North African engineer could go to work in Europe, earn good money and return regularly to his hometown to start and maintain a business. Immigration policy in Europe is still up to individual countries. To sell the idea, Mr. Frattini uses the term "brain circulation" to counter accusations of a "brain drain" -- a phrase often used to criticize rich countries for sucking the talent and stalling the development of poor regions.

    The challenge for Mr. Frattini is that in the face of pressure from unions and politicians worried about losing jobs to lower-wage newcomers, most EU national governments are jittery about welcoming more immigrants. Only three of the 15 Western European EU nations, for example, have opened their labor markets to the bloc's eight new Eastern European states.

    While some countries are likely to resist opening their labor markets until forced to do in 2011, attitudes might be changing. Last weekend French Interior Minister Nicolas Sarkozy echoed many of Mr. Frattini's ideas and proposed special immigration permits for skilled workers.

    Plans to attract more immigrants are also a tough sell in developing countries that would lose their graduates and scientists. Mr. Frattini argues that successful migrants benefit their home economies when they work in Europe, because money they send home is an important part of many poor nations' gross domestic products.

    In concrete terms, Mr. Frattini says the EU would promote brain circulation by including non-EU citizens in job databases and funding language and job-training courses in immigrants' home countries. Mr. Frattini also wants to develop work visas that will allow immigrants to return to start businesses in their home countries, without losing the right to work in Europe.

    Some economists are skeptical. It is often difficult for immigrants to return home, and if economic conditions were good enough to merit investment, they probably wouldn't have left in the first place. "People left for a reason," says Jean-Pierre Garson, an economist at the Organization for Economic Cooperation and Development.

    The International Monetary Fund says immigrants dispatched $126 billion to their home countries in 2004 -- up from $72.3 billion in 2001 -- but there aren't any official figures on how much immigrants invest in businesses in their native countries.

    So, would brain circulation work? Some immigrants say they agree in theory that investing accomplishes more than cash remittances. Anecdotal evidence suggests investments that pay off require patience, hands-on involvement, start-up capital and participation by local residents.


    "Building is better," says Eric Chinje, a World Bank official living in Virginia who until recently had returned every two years to his hometown of Santa, Cameroon, with bags stuffed with dollars. "I'd take $5,000 and distribute among 100 to 200 people," he says. Three years ago, the 50-year-old Mr. Chinje set up a microcredit bank with the condition that villagers buy shares in the bank. Hundreds did, by getting money from relatives overseas, he says.

    The bank started in April 2004 with a capital base of $50,000. So far, it has lent money to a cooperative to fund a storage facility and a truck to carry fruits and vegetables to city markets.

    For an investment to really take off and make the kind of impact sought by Mr. Frattini, immigrant entrepreneurs say they need capital and connections.

    Kemal Sahin came to Germany in 1973 from a small mountain village in central Turkey. He started the company he now runs, Sahinler Group, one of Europe's biggest textile companies. Mr. Sahin employs 11,000 people, including 9,000 at plants in Turkey, where he started moving production in 1984 to take advantage of skilled, inexpensive labor. His knowledge of Turkish, local customs and regulations allowed him to set up an efficient operation, he says. "I was familiar with how things work in Turkey, and it was easier for me than for my German colleagues to invest there."

    --Andrea Thomas in Berlin contributed to this article.

    Write to John W. Miller at john.miller@dowjones.com1



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  • purgan
    12-17 12:44 PM
    For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.

    A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.




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  • arc
    10-25 04:56 PM
    bump



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  • hpandey
    06-16 11:20 AM
    Hi
    For most countries you can get your passport renewed by the embassy or consulate in US itself and quite quickly. For e.g in case of Indian embassy you get your new passport within a couple of weeks.

    So find out first if your husband's country lets them renew the passport within US and if yes then apply for it asap.




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  • Blog Feeds
    11-19 03:01 AM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.

    For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.

    Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.

    In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.

    According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.

    Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.

    Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?

    Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.

    Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.

    All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?

    And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.

    Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)



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  • gc_on_demand
    10-14 04:51 PM
    This bill should be supported by all EB categories. 50,000 visas per year is significant.

    Trust me.. Unless CIR passes or fails nothing is going to change. These introductions are base less. Its like just a thought. Even all of 500k professionals who might be stuck at various stages of GC process unite and call to pass it . It will not pass. Period.

    Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.

    We may achieve some admin fixes if current administration really wants to help us.




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  • Googler
    02-07 05:53 PM
    http://www..com/discussion-forums/i485-1/65787841/last-page/

    "I called up an IO at NSC and they said they are swamped with the news of the 180 day NC requirement. She did confirm that this was true and that cases were being moved into different areas in order to get assigned to Officers. Mine being one of them."

    So the USCIS finally knows about it :)
    On the other note, those 88 cents I spent to download that document from the court site are my best investment since I've bought a house. Anybody needs green points? :)

    http://www..com/discussion-forums/i485-1/65831051/


    What is interesting is that both Zest2003 and Zenfloater on are EB-3 India with priority dates in Summer 2003. So neither of them has a current PD.

    I had three separate conversations in the last few weeks -- with a TSC IO, with staff in Michael Aytes office and with staff in the Ombudsmans Office, all of whom confirmed that cases are not assigned to adjudicators if their priority dates are not current i.e. no preadjudication of retrogressed cases.

    I made strong arguments to both staffers about how unjust this is since if dates move, retrogressed cases won't be good to go, and unused visas go to less retrogressed or unretrogressed categories.

    Now these two posters on seem to suggest that retrogressed cases are being given to adjudicators....it would be great if other retrogressed applicants posted about what they are hearing.



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  • anilsal
    11-27 06:17 PM
    some legislation that will get GCs quickly for everyone. All July filers should be able to get their GCs in the next 6-15m.

    Now that is wishful thinking. ;)

    What people really like to see is movement of approvals and transparency in the processing/backlogs. This was happening until the "RETROGRESSION" hit.




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  • GreenCard_Soon
    01-02 03:06 PM
    Guys, thanks for your responses ! :)



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  • desi3933
    05-13 06:51 AM
    ....
    Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
    .....

    It will be helpful if your I-140 is canceled or revoked by your ex-employer. If not, please request ex-employer to do so.

    Unless canceled (or revoked) I-140 is valid for lifetime and can be used to file I-485 anytime (as long as permanent job offer is available). By having canceled I-140, it can not be used against you in judging your immigrant intent.

    Good Luck.


    ____________________
    Not a legal advice.




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  • Ramba
    07-25 04:40 PM
    Very easy. No need to file new 485 or CP. Interfile, by sending the copy of new 140 approval notice to your pending 485. Requset them to consider your latest approved Eb2-140 as a underlying immigrart visa petition for your pending 485. Ofcourse, you need a latest employment offer letter from the original sponser when requesting the change.

    However, this may require aggressive follow up with USCIS.




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  • gvenkat
    03-05 11:42 AM
    man just dont be paranoid.. some of the guys here are just getting carried away... how are employers supposed to deposit our checks then...just calm down... nothing will haeppen...

    if push comes to shove, lets all go to our homeland... :D




    softcrowd
    02-07 09:46 AM
    As many people stated already, Parents do not qualify for H4 status. They can come here on Visitors (B2) visa but that way their stay here can not be more than 6 months & frequent such stays also raise a red flag.

    So, unless one becomes Citizen - I can't think of an alternative to bring parents on a permanent basis. I wish there is a way too!!




    snathan
    02-12 12:55 PM
    To Whom It May Concern:

    My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.

    What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.

    Please advise.

    Thank you so much for your time!

    If I were you...I would start the PERM now and if anything goes wrong, I would go to canada and come back after a year. If I get the PERM approved, I dont have to lose anything.

    You never know. When you have back up why you worry.



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