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  • EndlessWait
    05-21 02:20 PM
    I don't want to discourage you, but IV has looked into all these options earlier and has realized that it would be fruitless to try and ask our lazy politicians to take up our case with the US govt. More over this is an internal matter of US govt and Indian government cannot influence their policies and laws. Why would you expect Indian govt. to fight for you, when you left the Indian shores and want to settle down in US for your comfort?
    Having said that, if you do have contacts and would like to take the lead in reaching out to the Indian govt, IV will support you. So please do the honors.

    Its not an internal matter anymore. We live in a global economy. If Mexican govt. can do it for there unskilled workforce. I guess we have a better case. Dont mind you sound to me like do it alone dude. Most of us have waited years of agony and waiting. Indian govt like any other govt will do it for there interests. Remember all the $$s that pour into our RBI reserve. If you thought that was because of Indians and had nothing to do with NRIs..think again!

    Its always about the same thing. US gets competitive having us on there side and India continues to enjoy the NRI effect. Its mutual.





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  • invincibleasian
    02-05 02:16 PM
    Guys labor substitution is still not in place!!!





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  • dealsnet
    01-05 11:41 AM
    First year or 10th year of H1B, the law is same.

    Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?





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  • bobsmith
    07-30 05:00 PM
    Any comment?
    http://thehill.com/leading-the-news/specter-has-new-immigration-package-2007-07-27.html

    Specter has new immigration package
    By Elana Schor
    July 27, 2007
    The Senate Judiciary Committee�s senior Republican said on Thursday that he is on the verge of offering a new immigration reform package, making significant changes that could win over recalcitrant members from both parties.

    Sen. Arlen Specter (Pa.), who accompanied President Bush Thursday on his visit to Pennsylvania, said he has spoken to Bush and the two Cabinet members who have led immigration talks about his new bill. Specter also told reporters that he has spoken to most senators involved in this spring�s failed �grand bargain,� outlining his plan and appealing for a restart to the arduous immigration debate.

    �I�m ready to unveil it now,� Specter said. �I�ve got letters to the 100 senators on my desk.�

    Specter explained the new measure would omit the controversial �Z visa� program, which would have given the nation�s 12 million illegal immigrants a path to citizenship. Removing the Z visa would offer conservatives less opening to tag the bill as �amnesty.� But he would leave intact the family reunification standard that this spring�s defunct immigration bill partially replaced with a skills-based system.

    The lone change in the status of the 12 million, Specter said, would be removing their status as fugitives from justice, an attempt to diminish their incentive to remain outside the system and in fear of deportation.

    Specter added that he already has met with �stakeholders� from outside groups involved in the complex immigration debate, and he plans to hold more sit-downs next week. Offering green cards to immigrants seeking employment in the high-tech industry is under consideration, he said.



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  • yabadaba
    02-28 01:39 PM
    Thanks Y,
    I was thinking more along the lines of transfering from US Public education school system to either ICSE, CBSE or Maharashtra Sate Board.

    Upto what standard would it be relatively eay for a child to adapt and integrate into the Indian system ?

    nozerd,

    honestly i dont know. when I changed schools and in the process boards, the most difficult transition for me was from the UK board to the ICSE system. but this was almost 18 years back (man..cant believe it) ...the indian system was still learning by rote...heavily focused on tests and exams. from what i have heard recently there have been major changes specially at the elementary school level. there is less emphasis on homework and tests and more of a focus on projects and learning by doing.

    As a parent of a 13 month old, if I ever decide to go back, I would probably go back before my kid is in the 4th grade. This would be because they really start establishing their identities by the time they are 8-9 years old. They can still adapt fast enough but the major focus has to be on us as parents to smooth out the transition and give them the support system they need.

    If you want a seamless transition, I would agree that 1st grade is probably the best bet. By that time their accents and all can easily be adapted, without a major crisis.





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  • amitga
    08-18 12:53 PM
    How do I find what priority date has been attached to my I-485?



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  • needhelpASAP
    04-27 04:02 PM
    Thanks so much for all your advice! I feel a little better now.





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  • abhishek101
    05-16 03:34 PM
    My wife received her green card on Friday so I think it is the latest info.

    It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.

    Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.



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  • deecha
    07-16 09:45 PM
    deecha is looking for a deig!
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  • hydboy77
    11-17 06:51 PM
    As a student who came here myself and understand the huge investment they have to make to come here to study in US, I fell sorry for these students and there parents. With the draconian restrictions imposed by uscis and certain senators many of these kids will not have an oportunity to work in US. I am not sure how they will be able to repay the huge loans they are taking to pay the fees to US universities



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  • camarasa
    08-09 06:00 PM
    Immigration debate: Firms warn of lack of workers
    Federal crackdown could force firings across the state.
    By Susan Ferriss - Bee Staff Writer
    Published 12:00 am PDT Thursday, August 9, 2007


    California businesses, which employ the majority of illegal immigrants throughout the country, are reeling after federal officials announced a new workplace crackdown.

    People in industries as diverse as California's hotels and massive farms, its restaurants and convalescent homes,said Wednesday they are confused and fear they could be forced into mass firings.

    Those at risk are employers who've received letters from the Social Security Administration saying their workers' numbers don't match names in federal databases.

    As early as this month, the Department of Homeland Security plans to require all employers who have received those letters to fire the workers if the discrepancy cannot be resolved relatively quickly.

    The department is planning to use the letters to track down employers and conduct raids if necessary, leading to fines or prosecution of businesses that don't fire the workers in question.

    Homeland Security has been considering using Social Security information as a tool to enforce immigration laws for some time, but officials were waiting to see if Congress would approve changes to put some illegal immigrants on a path to legal residency.

    Central Valley farmers -- and other agricultural interests who provide a huge percentage of the nation's food -- are warning Americans that they believe small businesses could go under and that prices could soar or products could become scarce.

    "This is the nightmare I always hoped we would never get to," said Manuel Cuhna of the Nisei Farmers League, an industry association in the San Joaquin Valley, a cradle of American food production.

    "I'm totally agitated about this," Cuhna said. "Everybody has received those letters, 90 percent of them in the farm industry. We're going to have to shut down the food chain."

    Cuhna said he and others are frustrated because, "One part of the government has been telling us not to fire workers, and now another is going to tell us to fire them."

    Up to this point, the Social Security Administration has instructed employers, in those letters, not to fire their workers but just to inform them of the mismatch.

    Some workers, sensing their covers were blown, voluntarily left jobs after the letters arrived.

    Many California employers see the new Homeland Security policy as an attack on the same businesses that have for years implored Congress to create better tools to help them check the veracity of workers' documents.

    They also were counting on Congress to provide more legal work visas to foreign workers they need in many jobs.

    While some Social Security numbers are stolen by fraudulent document artists, most of the mismatches in numbers are thought to be due to illegal immigrants' use of invented Social Security numbers.

    A Sacramento construction worker who builds sound walls along freeways and housing subdivisions said he has used a fake Social Security number for 10 years.

    "The employers are just going to keep hiring people, but off the books completely," he predicted, requesting that his name not be used out of fear he might be discovered.

    Cuhna said he received a call Wednesday from a California dairy farmer who has received a number of letters informing him of employees' mismatched names and Social Security numbers.

    But his businesses relies on foreign workers willing to do the isolated, messy job of caring for and milking cows, Cuhna said.

    "He's in a panic. If they come and take his workers away, he'll have no one to milk his cows and his cows will die," Cuhna said.

    "I told him, 'Take photos of those cows with their legs up in the air and send it to Congress.' "

    Inside thousands of California dairies, which produce about 20 percent of the nation's milk, "There are a lot of illegal workers, let me tell you that," Cuhna said.

    Jesse Alderete, a labor contractor in the Salinas Valley, the largest producer of U.S. fresh vegetables, said: "This is going to be delicate. There are going to be hundreds of thousands of people running around without jobs."

    Larry Rohlfes, a director of the California Landscaping Contractors Association, said, "I know it's coming, and I know it's going to hurt." Rohlfes' group has been outspoken in admitting employers probably have undocumented workers on their payrolls. The same employers say they have done all that was required of them to check employee documents, copy them and keep them on file.

    He predicted that dismissed landscapers will enter the underground economy.

    Trying to ferret out workers by following Social Security's mismatch letters might also backfire by sparking a greater demand for cards with stolen Social Security numbers, said some former Homeland Security officials.

    "This will, frankly, spur more identity theft of legitimate legal residents' and American citizens' documents," said Victor Cerda, a Washington, D.C., immigration lawyer who was in charge of removal of illegal immigrants while with Homeland Security.

    He said the new policy was a "dramatic shift" toward putting the responsibility for illegal immigration on employers, a good shift but too "piecemeal" because it doesn't address a real demand for labor.

    "Is Congress really going to line up with Homeland Security when enforcement goes into their neighborhoods, and disrupts business and they start hearing from constituents?" Cerda asked.


    http://www.sacbee.com/101/story/316330.html





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  • gcformeornot
    09-25 03:53 PM
    When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.

    Your EAD is valid, but it is useful only if you have a new job.



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  • lonedesi
    04-04 10:08 PM
    A friend of mine who has a bachelor's degree from India applied for her labor through PERM under EB2 category, which was approved. This was done based on the attorney's advice. Later, when the I-140 was to be submitted, the attorney advised that they should file I-140 under EB3 as the employee just had a bachelor's degree and he thought that they would get an RFE or will not probably be able to justify her qualifications for an EB2 category. At that time he also mentioned that, once the I-140 was approved, they could go ahead and submit I-485 application as though it was an EB2 case based on the approved labor. Now that I-140 is approved under EB3 category, he is going back on his words and telling that since I-140 was approved under EB3 category, they should file I-485 as though it is an EB3 application. There is a vast difference in priority dates between EB2 & EB3 categories and this is not helping the problem. Would it be okay to apply I-485 under EB2 category based on the approved labor (EB2) or should one apply I-485 under EB3 based on the approved I-140 (EB3)? Anyone who has had any experience or has any information in this regard, please advise. Or did the attorney mess up first time and he is finding an easy way to fix the problem by going the EB3 route? I sometimes wonder if these attornies really know what they are talking about or they just out there to make money at the expense of innocent people like us.





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  • maine_gc
    09-20 04:11 PM
    I checked the processing times of TSC and i did not see the times for I140. TSC no longer processing 140 applications?



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  • wandmaker
    08-11 01:47 AM
    Thanks for this info.
    Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
    With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
    BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
    My background check is okay.
    The problem is with the Employer!!

    (1) Unemployment Wage Report: All employers who are liable for unemployment insurance (UI) must file a tax and wage report for each quarter they are in business. Active employers should receive a printed report by mail during the last week of each quarter. The report must be filed by the due date. Employers must report all wages paid to employees. Consulate will be in a position to determine the stablity of the employer based on quarterly reports, which will give detailed insight about how company is doing.

    (2) Project Description: Consulate is interested in what you will be doing with the company once you land the USA. This is a free form letter issued in a company letter head addressing to Consulate (Delhi in your case).

    (3) Notarised list of Employee: Consulate can verify whether the number of employees mentioned in your document is same or higher; this can be tied to (1).

    (4) W2: Consulate will require annual tax return filed by employer to see how the company has performed in the last year and current state can be determined by (1)

    In my opinion, (1) , (2) and (4) is mandatory and (3) information can be obtained from (1) - without which your visa will not be issued.

    If your employer is not co-operative then I suggest you start looking for new employer.





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  • alexmat01
    01-14 01:29 AM
    Thanks again.
    I guess amending would be a far cheaper option than filing for a new visa , so that I can get a fresh approval.
    Also could you tell me if telling them that the opportunities company wanted to employ me for in the US vanished over the recession, since its genuine that many cmopanies faced such situations.Would that be taken as negative or as an inability of my company or myself for the need of a visa now ?
    The thing is that if I say someone was sick or I used the time for studies, and if they ask for a supporting proof, that would be trouble.
    Pls advice on that last part and thanks again for the wonderful service.
    Alex



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  • PresidentO
    02-07 01:19 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Does she have a 4 year PT degree? Most probably yes, as most schools in India have retired the 3 year PT program but just check out. If by any chance she has the 3 year degree, her degree is most likely not recognized.

    She cannot get a H1 filed on Mar 31st and start working.

    She has to do

    Long term plan

    (1) Join a school here, get her masters in PT, and on the side prep/pass the licensing exam NPTE. Passing NPTE is critical and one needs to score between 75 and 80 percent to clear the exam. Then do type II certificate (http://www.fccpt.org/forapplicants.html#typeII) for her visa screen and then get hired as PT. Hope that the PT and nurse caps open up and file for GC. See that TOEFL can be a requirement, but if she got admitted into a PT school she already has TOEFL.

    Short term plan

    (2) File for Type 1 Certificate. (http://www.fccpt.org/forapplicants.html#typeI)

    I dont see the NPTE as a requirement here but I believe at some point the state agency will say, enough of work on the Type I certificate and now lets do the NPTE. Some states already have 6 month limit and you should clear NPTE by end of 6 months to continue working as a PT.

    Both these will take alteast 3+ months to be processed and issued

    Official transcripts/marksheets sent directly from the institution for ALL higher education.

    If the applicant sends the syllabi/transcripts himself/herslef, FCCPT will just throw them away. One needs to request the school/Univ to send them directly

    Which ever FCCPT asks to send directly from the agency/instituiton should come from them. Other wise, its just waste of time and money. FCCPT looks at the mail stamps and other things to make sure they came from the school/agency directly.

    Hope the information overload is enough!





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  • msandhu
    08-07 04:33 PM
    You can do landing and H1-Stamping at the same time in canada. You do not need stamped visa to come back to US from Canada as long as you have your H1 extension papers with you and you come back in 30 days





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  • hibworker
    03-21 11:29 AM
    First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.

    Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.





    dealsnet
    02-23 03:13 PM
    She can't renew her H1B after 6 years. She can work using EAD or choose not to work. No need for H4 also. If you want a cover for you, she need to file PERM for her to start a process for her. No other way for cover. If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.

    Hi,

    1. I have my I-140 approved, applied for I-485 and have EAD/AP
    2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
    3. Both have 6 years of H1-B expiring later this year (both from different companies)

    I can extend my H1-B based on pending applications.
    QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?


    My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.

    Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?


    Thanks.





    gcseeker2002
    08-27 04:56 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.
    Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.



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