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Sunday, June 12, 2011

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  • EndlessWait
    12-16 11:26 PM
    What a lousy and pathetic system it is , the so called USCIS. I mean they want ppl to wait for a decade to follow all the rules legally to get GC.

    And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:





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  • amundres
    01-11 02:28 AM
    My I-485 was filed on Dec 1, 2006. I called USCIS and had info pass and they told me that my name check is not clear. I talked to one lawyer and he is going to charge me 3500 for WOM. He has pretty good success rate. I am reading forum where they say it is better to wait minimum 2 years. Has anyone heared any case where wom is filed after one year and it was successful. My priority date is current.





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  • vallabhu
    01-14 12:22 PM
    The source is Immigration-law.com

    This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.

    SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    Section 274B (8 U.S.C. 1324b) is amended--
    (1) in subsection (a)(5)--
    (A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
    (B) by moving the text down and to the right 2 ems;
    (C) by inserting before such text the following: `(A) IN GENERAL- '; and
    (D) by adding at the end the following:
    `(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
    `(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
    (2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
    SEC. 702. DEPARTMENT OF LABOR TASK FORCE.

    The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
    SEC. 703. RECRUITMENT OF AMERICAN WORKERS.

    Section 214 is amended--
    (1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
    (2) by adding at the end the following:
    `(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
    `(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
    `(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
    `(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
    `(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
    `(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.





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  • niklshah
    09-19 08:10 PM
    Look at this guys..Sapin sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..

    http://www.msnbc.msn.com/id/26792948/

    pls edit sapin to spain.....it was confusing



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  • vejella
    06-01 01:39 PM
    It does not make sense to me how folks who are on L1 visa and manage some people can go at par with the people of Extraordinary ability .

    I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...

    But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....

    But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(





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  • EB3_SEP04
    08-25 12:29 PM
    As for as I know USCIS local office has stopped issuing interim EAD some where from 2006.
    The only option we have is to request for expedite process which we can do by calling the USCIS customer service number. This you can get it in the USCIS website.

    I think we can get the infopass only if 90 days has passed or if your EAD is going to expire soon and you need immediate attention.

    Thanks buddy!
    BTW, How to get an INFOPASS appointment?



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  • drsnh123
    06-20 07:48 AM
    thanks for the reply guys. if some more people can give their opinions , that will be gr8
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote





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  • anandksingh
    04-30 10:28 AM
    Just made my contribution.



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  • jaytubati
    05-12 09:14 PM
    gangadhargs ,

    Did you get for Finger printing for both I485 ?

    I got Finger printing for both. For the first I485 , I gave Finger printing in Mar 08. Now I got it for second.

    Please advise ...


    Thanks





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  • Libra
    07-05 12:50 PM
    CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............

    http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html

    that is what CNN is doing now.........



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  • another_wei
    05-02 01:07 AM
    Thanks for information. To answer I applied my H1b on June 1, 2002.
    My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
    I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
    some said I have good chance others said unknown.

    I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.





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  • Legal_In_A_Limbo
    01-14 05:12 PM
    I have done it once. It all depends on your relationship with your current employer. If they are ok with it, you shouldnt have any problems.


    Assume my husband company doesn't want him to leave.
    Then what you say.

    When you said u had a good relationship does that mean, you talked to your employer before changing jobs.

    Thanks



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  • nath.exists
    11-02 11:41 PM
    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
    2.)Would she need to be physically here in USA for filing i 485.
    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
    6.)Does she also have to do MS to use cross chargeability and file in EB-2





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  • gc_wow
    08-14 08:13 PM
    I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?



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  • USDream2Dust
    04-16 03:21 PM
    I was thinking on same lines. Who cares for h1 if 485 is denied. As days pass everything becomes so difficult. H1 used to be breeze 2 years back and now a lottery. GC is already retrogressed. Who knows when you start all over your GC again after 485 rejected what will happen.

    I would add another point at 5th line.
    You have 2 choices.
    First what kumar1 said.
    second stay in US illegal like millions of other people and get GC even faster.

    USDream2dust

    1. Sell all my stuff.
    2. Transfer all my liquid money to home country.
    2. Rent a one way van in New York.
    3. Drive cross country with family and have fun. Meet all my friends on the way.
    4. Return the van in San Francisco, take one way ticket to India.
    5. Start a fresh life in India, free of immigration woes.
    6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).

    If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]





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  • wandmaker
    07-19 03:20 AM
    I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

    + You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay

    After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

    ++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple

    I have EAD and AP but wondering why I can not transfer H1B?

    +++ When you have an option to move to a new employer on H1B then why not

    Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.

    +++++ Not true

    Somebody else said I can transfer until my 6 year period but not beyond to that?

    ++++++ Not true, see "++"

    Others said no matter what I can transfer my H1b to any employer.

    +++++++ True

    I am confused, please help.

    ++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many

    Hope this helps :)



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  • gc_dream07
    01-31 09:39 PM
    Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.





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  • CADude
    02-27 01:00 AM
    Each category(EB2 or EB3) has it's own cut off date. Per March VB, EB3 India is Aug 2001 and Eb2 is U. If VB date is current for both category then I-485 RD matters most.

    There are many tread here to predict VB cut-off date for each category. So your guess as good as mine. :)

    I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..

    My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...

    Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...

    My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..

    Please correct me if I am wrong...





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  • Munna Bhai
    10-18 04:23 PM
    Can someone please post all the documents required for filing AC21 ?

    You don't need any document to invoke AC21, if you are on H1b, do the H1b transfer based on I-485 receipt and if you are using EAD, just go and join other company.

    You will receive RFE, at that time you need to show that you have paystub,experience letter etc and you have used AC21(180 days pending).





    dilusa1
    07-18 07:44 PM
    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.





    yabadaba
    07-09 04:26 PM
    yea.. i did not read ur first post correctly..sorry



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