Saturday, June 11, 2011

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  • sanjuatl
    09-04 10:40 AM
    I think the Medical's are valid for 18 Months and not one year.I checked this out when i took infopass.Correct me if i am wrong .


    As I remember, the validity is one year.




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  • smuggymba
    03-09 01:03 PM
    Now I need to know what are the things that I can do.
    1. Do I need to file PERM, I140 again on EB2?
    2. Do I need to file for H1 again and complete the entire process?
    3. What is and how to do EB3 to EB2 porting? is that all I need to do?

    Please give me some advice. Thanks in advance.



    I guess u need to have an approved labor in EB2 to even think about it. You can't port because you dont have an approved EB2 labor.




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  • amitjoey
    05-19 04:45 PM
    If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

    Is number of applications in 2001 and 2002 is > 40,000.

    Its very hard to believe.

    Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.

    The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
    These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
    http://www.brama.com/news/press/010405_lifeact2000.html

    Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.

    Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.




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  • bigsky
    10-17 06:43 PM
    I received a letter from BEC and it says
    This Notice of Findings is the Department�s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?



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  • chanduv23
    07-08 06:47 PM
    Om Mathew is obviously a publicity freak, now he has his picture on his website. I think he wants people to look at his picture and admire him




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  • zephyrr
    09-07 01:26 PM
    I was in the same situation as you when I applied. In general, there should not be a problem with MS+0.

    Another alternative is to show the experience gained at your current employer in your application. For that to happen, you should've been promoted to a position in which ur exprience is 50% same as your old position, then you can get an affidavit from your manager stating this fact.
    This is what we had done for my traditional labor. I believe it still holds true for PERM, suggest you talk to the company's lawyer.

    I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.

    Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?

    Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.

    Is it worth changing employer for gaining 2 yrs of expereince for my LC.

    Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing

    DOES THE EXPEREINCE with MS makes it better for EB2 ?

    Please let me know if there are some experts out there



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  • admin
    06-01 04:19 PM
    Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.

    My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?

    Question for Admin : Was this poll started by IV?

    BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.


    This poll was started by one our forum members and not by the organizing committee.

    Repeating my answer, no Senator is even willing to talk to us regarding an alternate bill till the fate of CIR is sealed.

    Look at the necessary steps to pass a bill. We need to convince a senator, have the bill analyzed and discussed in the Senate Judiciary Committe, discussed and amended in the Senate Floor, passed in the Senate, convince a bunch of House Reps, get it introduced in the House, discussed in the House Judiciary Committee, discussed in the House, passed in the house. Only after all these steps will it be at the current stage as CIR.

    So which Senator do you think will be willing to do all of this and then find that CIR with most of the provisions has already been passed.




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  • BharatPremi
    05-21 10:23 PM
    Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending.

    Saileshdude,

    Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?



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  • ndbhatt
    01-12 12:54 PM
    Get a notarized copy of your passport from Indian Consulate and send it with a letter explaining legalities associated with it.




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  • pinoyInDC
    06-25 03:12 PM
    The reason for rushing the application is that it could retrogress midway during the month of July. It may seem unlikely but you never know. That's one reason to file it as early as possible.

    But i did not know the attorney would like to file it in June for me. I just wanted to find out if anyone's sent it early and received receipt.


    It doesn't matter if it retrogress midway during the month of July, USCIS must accept ALL otherwise eligible I485s filed by July 31. While Priority Dates could retrogress say in August, USCIS will adjudicate I-485 applications that were filed prior to retrogression only if the individual�s Priority Date is current at the time they review it. For example, if your Priority Date is EB-3 06/01/2006 and the August 2007 Visa Bulletin retrogresses that category�s date to 04/02/2006, USCIS will continue to hold your pending I-485 but will not process it until your 06/01/2006 Priority Date becomes current again. Therefore, one�s Priority Date (the date the Labor Certification Application was filed) will likely again supercede the filing date of the I-485. While it is important to file the I-485 by July 31, it is probable that no advantage will be gained on the basis of one having been filed earlier than another.



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  • gc_wannabe
    06-17 08:40 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.

    So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.

    Thanks.




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  • neoklaus
    11-14 02:19 PM
    As per my family experience: for my husband and daughter they issued EADs without
    FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
    in a 4 days after FP was done.

    So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
    in some cases they(USCIS) may pretend that there are a requirements( depends from officer)



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  • sledge_hammer
    07-22 05:40 PM
    No

    hi guys,

    i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.

    I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?

    I am still working on h1 and she is a parolee.

    Thanks in advance fopr the responses.




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  • Jeff Wheeler
    11-27 04:04 AM
    I find that Silverlight and related .NET stuff works extremely well cross-platform. Apps like Banshee (http://banshee-project.org/) are cross-platform (really, not like Flash and AIR which suck on Linux and Mac) and work wonderfully on every platform (alright, bad example: there’s not a Windows port at the moment, because of the underlying audio libraries, but it’s all C# stuff).

    Mono is implementing a really nice open-source version of Silverlight (I forget its name), and Silverlight works great on Mac.



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  • DareYouFireMe
    01-31 03:15 PM
    You can also obtain it through Freedom of Information

    You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.




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  • bbenhill
    09-18 02:56 PM
    Hi, I believe you can only use EAD and AC21 after I140 is approved and 180 days of filing I-485.

    Guru(s) : Please let me know if I am mistaken but by using EAD before above conditions will abandon GC application because labor certification is being violated.

    PS : I am not a lawyer/attorney. please use this information for your own risk.

    Thx



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  • swissgear
    06-24 11:15 AM
    http://online.wsj.com/article/SB10001424052748703900004575325412638269010.html#a rticleTabs%3Darticle
    Date : June 23 2010
    By MICHAEL HOWARD SAUL
    Mayor Michael Bloomberg will launch Thursday a coalition of mayors and business leaders to advocate for an overhaul of the nation's immigration policy, including legalizing undocumented immigrants and more strictly fining businesses that hire illegal workers.

    "Our immigration policy is national suicide," Mr. Bloomberg said at a forum in Midtown Wednesday. "We educate the best and the brightest and then we don't give them a green card—we want people to create jobs but we won't let entrepreneurs from around the world come here."

    During his latest inaugural address, Mr. Bloomberg vowed to push to rework the nation's immigration laws in the same way that he waged battle against illegal guns. This effort will be a cornerstone of the mayor's third-term agenda, aides said.

    The coalition, the Partnership for a New American Economy, supports developing a secure system for employers to verify employment eligibility and strict penalties for businesses that fail to comply. The group wants to increase opportunities for immigrants to enter the workforce and for foreign students to stay in the country.

    The group will advocate for securing the nation's borders and beefing up enforcement to prevent illegal immigration. The coalition supports establishing a legal path for the millions of undocumented immigrants living in the country now.

    To effect decision-making in Washington, the group will issue research reports on the economic impact of immigration, poll public opinion, sponsor forums and potentially launch a media campaign. Mr. Bloomberg, a multibillionaire, is expected to provide financial support for the group's activities, as he has with his gun group.

    One City Hall official said the coalition will try to focus on immigration as a "dollar and cent issue," advocating that open borders help keep the U.S. more competitive.

    President Obama has pledged to champion changes to federal immigration policy, but this spring said lawmakers "may not have an appetite" for a grueling debate on immigration this year.

    In addition to Mr. Bloomberg, the co-chairs include Mayor Phil Gordon of Phoenix; Mayor Antonio Villaraigosa of Los Angeles; Mayor Michael Nutter of Philadelphia; Mayor Julian Castro of San Antonio; Mark Hurd, CEO of Hewlett-Packard; Robert Iger, CEO of the Walt Disney Co.; J.W. Marriott Jr., CEO of Marriott International; Jim McNerney Jr., CEO of Boeing; and Rupert Murdoch, CEO of News Corp., which owns The Wall Street Journal.




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  • aj1234567
    10-22 08:11 PM
    I got FP Appointmnet letter on 10/10/07 for the the date 10/30.

    After i got this fp appointmnet letter i had changed my address on 10/10/07 with usics, i got card production mail from uscis on 10/11/07,they updated my new address and i did not got any mail from them saying that they send the EAD card,many of my frineds said that they recived mail from usics saying that EAD had sent my mail,But i did not

    Is adress change impact on EAD time.




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  • go_guy123
    05-02 09:34 AM
    If you count the taxes these 150K legal immigrants would have paid if they were in US for a year it is more than 2.5 billion dollars.

    There was a recent study claiming that 14 million illegal immigrants pay 1.5 billion dollars a year in taxes (read mostly sales taxes). And thus US should legalize these 14 million people to continue to get 1.5 billion dollars a year.

    Now you can compare 150K people vs 14 million people and who pays more.
    The study fails to tell that these illegals do not have insurance. So they use hospitals for free. They do not pay federal taxes because they do not have a valid documentation. Even if they are allowed to pay federal tax, many will be below poverty line.

    The study did not envision an economic scenario for America if 14 million illegals are legalized. How many will claim unemployment, social security, medicare etc. I can bet the cost to government will be in billions with many zeroes after that. Someone should call the reporter and the pro illegals who created that study to answer these questions.

    It is possible for undocumented to pay teh federal and state taxes. They generally usea fake ssn and once the payroll is run taxes get sent to IRS.




    ajju
    10-15 02:21 PM
    agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...

    But then my dear.. where's the money...

    Guess people can't even take PUN any more... Got negative and abusive remarks for this.. atleast have guts/courtesy to leave name/handle...




    chanduv23
    09-04 04:14 PM
    Remember, the NOID/RFE goes to your Attorney if you have submitted G-28 form. If not, it comes to you.

    Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS



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