Thursday, June 9, 2011

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  • sohilbt
    09-10 10:40 AM
    All,
    I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

    H1-B improvements:

    1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
    2) Remove lottery system of awarding visa. In stead use the following method:
    a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
    b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
    c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
    d. The application received is CP is assigned available visa as follows:
    i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
    ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
    iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
    3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
    a. New LCA is required every year and when consultant changes the client.
    b. New LCA must be based on the client�s job and experience requirement.
    c. H-1B applicant must be paid based on LCA.
    d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.




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  • Desertfox
    05-20 03:32 AM
    Few years ago I evaluated my 3-year engineering diploma from ECE to transfer some credits toward a bachelors degree at Arizona State University. It was evaluated as 10+2+1, and it clearly said that the US equivalency was High School Diploma with One Year of Undergraduate study. So it was not even equivalent to an Associates degree. However, I never had a H-1B visa and neither I work in IT, so I never had to run it through USCIS.




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  • Murthy
    05-07 08:10 PM
    The Beacon (http://blog.uscis.gov/)

    Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.

    2) Allow people with approved immigrant petition to file an I-485.

    The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.

    3) Do not count the dependents against visa numbers.

    The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.

    4) Publish all the backlog data including that of district offices.

    USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.

    5) Publish visa numbers that have been used to date in the current year.

    Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
    Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
    They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.




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  • JunRN
    08-21 10:14 PM
    It's not cheating. The August 16 date is the Processing Up-date, not the posting date.



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  • hobbyaddict
    November 2nd, 2009, 07:45 PM
    "I am thinking next year I would like one of the broad range zoom lenses, a camera and one lense is a lot easier to carry on a trip. "

    It's about a year... I think I may want a teleconverter /TC-14E (1.4)



    -Ed[/quote]

    Main GC independence factor: AC21 or 180 day test? [Archive] - Immigration Voice

    View Full Version : Main GC independence factor: AC21 or 180 day test?





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  • gk_2000
    02-15 03:24 PM
    Time to pick up the patthar (stone) in your hands.. let the fun flow ! :D



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  • greencardvow
    07-26 01:46 PM
    Lawful entry isnt just interpreted by having the 797 approval. If you have W-2 / pay slip you are good. Also USICS can only ask for these documents since your last entry in US. So dont worry for the old W-2's. Just the ones since you last entered in US.

    I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.

    All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.

    I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.

    I don't have all the I-94s either. I do have the visa stamp on my passport.




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  • gc_check
    11-26 05:31 PM
    As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....

    I'm not an expert on this, Remember reading in the forum, you can go to local USCIS office with the approval letter if you have one already and get stamped in passport.
    On other thread, also read you can reenter using AP and the IO in the POE will tell you that your Petition has been already approved and will let you in.

    Please verify this with an attorney.



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  • chvs2000@yahoo.com
    08-17 12:23 AM
    We got a rejection notice for my wife's 485 & 765 application. The notice said

    ============
    "Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
    The following documents may be provided:
    Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
    Your original Form I-360 if you are filing concurrently; or
    A copy of your Form I-797 if the petition has already beed filed/approved; or
    Other evidence that an immigration visa petition has been filed/approved on your behalf.
    ==============

    My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
    We have included following documentation in the package

    1) Forms 485 ,765 , G 325 A
    2) passport copy
    3) Birth certificate and affidavits
    4) My 485 receipt notice
    5) My I 140 approval
    6) Letter from the employer saying that i am still employed with them
    7) Pay stubs

    Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.




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  • tp976
    08-19 10:06 PM
    dont worry about FP. i applied for my wife and me. she got a FP , i never got one. but both of us got our approvals



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  • dealsnet
    04-19 02:36 PM
    H1B and Employment based GC is for people in speciality fields and for the shortage of US workers for the jobs.
    It is not possible for any jobs on commission basis. PERIOD.
    You can work on OPT.

    Hello,

    I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
    in which class real estate agent falls into, EB1, EB2, EB3 or EB4???

    Thank You for your time.




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  • Bogdan
    10-22 01:15 PM
    I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.

    Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.

    Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.


    However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?



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  • InTheMoment
    02-15 11:48 AM
    Yes, it does apply to nationals from India.




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  • punjabi77
    08-10 01:17 AM
    Hi Everyone,

    Dont know if anyone thought about this or not.
    I know so many people have switched their previous employer who actually filed for GC.
    The employer also had the GC cost deducted from the employees salary.
    Now my situation is the same.
    I no longer work for the previous employer and my offer letter does say that employer will cover the cost of GC.
    but what actually happened is something that happened with so many people.
    Now since i dont work for that employer is it appropriate to ask the employer to reimburse me the GC cost as it was mentioned in the offer letter that employer will pay for the GC processing?
    BTW.. my 485 is filed and i do have my EAD
    let me know if someone has more information about it.



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  • jcrajput
    10-16 12:30 PM
    My current employer gurantee that he will not withdraw I-140. I also talked to lawyer and she said it is individual choice but it is always good to let USCIS know since your case is pending..
    However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
    Thank you for your replies and interest.




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  • ArkBird
    03-15 11:17 AM
    Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?

    Now that we are feeling the pinch, we want to close this door for the other folks?

    Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??

    Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.



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  • ski_dude12
    05-04 02:34 PM
    Thanks for the reply.




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  • Prashanthi
    05-08 03:39 PM
    Based on the facts that you have given, you should be able to use 245K in this case.




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  • jetflyer
    02-15 03:17 PM
    If each state in India were a country

    There would have been no backlog.
    You are correct then only Andhra Pradesh have been retrogressed. If you remove AP from that equation. everything will be normal.

    I can bet 90 percent of the GC applicants are from India are from AP.

    Jet




    sab
    08-12 08:18 PM
    If I renew my EAD would I have to do another fingerprinting. I had done one last year.
    Thanks




    Macaca
    02-08 09:28 AM
    Can L1A/B apply for GC? Any differences in GC process for L1A/B? Thanks.



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