Sunday, June 19, 2011

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  • saileshdude
    05-21 11:13 PM
    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?

    This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.

    I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.

    Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.




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  • ita
    01-23 01:26 PM
    Thank you very much for all the replies.

    Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?

    Thank you.




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  • vnsriv
    11-16 01:27 PM
    Nov' 07 Processing times are not posted yet

    USCIS is always slow




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  • Leo07
    09-13 11:18 AM
    Let's not fool ourselves with these petty differences.

    Cheers!



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  • ash27
    04-01 09:53 AM
    Could somebody please advice if contract work on W2 would cause any issues at the time of adjudiciation? Any information will be greatly appreciated.

    Thanks,




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  • waitin_toolong
    10-01 02:34 PM
    because these were actually approved and assigned a number when the dates were current, they just got around to mailing the approvals now.



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  • estrela21
    02-09 12:03 AM
    thank you,,,,i will..

    have a good night




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  • sundarpn
    08-03 06:45 PM
    Is the below in bold which mambarg has mentioned true?

    I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.

    its news to me that 485+180 day rule applied to mere porting of priority date too?



    Question 11. When is an I-140 no longer valid for porting purposes?

    Answer: An I-140 is no longer valid for porting purposes when:

    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or

    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.



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  • srikanthmavurapu
    08-16 12:29 PM
    Hi ,
    I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
    Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
    He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
    Thanks,
    Srikanth




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  • cool_guy_onnet1
    06-01 01:28 PM
    New Immigration Bill Amendment Could Help Keep Foreign Tech Workers In U.S.
    A proposal to create a dual green-card system that favors high tech talent has bi-partisan support in the Senate.

    By Marianne Kolbasuk McGee
    InformationWeek
    May 31, 2007 04:50 PM


    A bi-partisan group of U.S. senators next week is expected to introduce to the immigration reform bill an amendment that proposes to retain a pool of 140,000 employer-sponsored green cards for foreign workers seeking permanent residence in the United States.
    Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah) proposes that the U.S. create a dual green-card system that, in addition to a new merit-point green card system that's proposed in the main bill, would also keep an annual pool of 140,000 employer-sponsored based green cards for foreign workers.

    The revised legislation also proposes the United States establish no limit on H-1B visas for foreign professionals with masters or doctoral degrees in science, technology, engineering and math, or STEM fields.

    "This would set up a complementary and parallel employer-sponsored system to the merit system" said Robert Hoffman, Oracle VP of government affairs and co-chair of Compete America, a coalition of technology companies. "This system would be more like Australia's" where immigration is granted in dual programs that includes employer-based sponsorship and merit points.

    By the U.S. retaining a system allowing employer-based green cards to be issued each year, businesses would have better control over the talent they'd like to keep in the U.S., say tech employers.

    One of the biggest criticisms that tech employers have about the current immigration reform bill being hammered out in the Senate is the proposed merit-based green card system. The process awards individuals with points based on the person's education, skills, and other factors.

    Tech companies complain that a point-based system would shift to government bureaucrats too much control about the kind of talent pool that's available to employers in U.S. Amendment S.1249 proposes retaining employer-based immigration and expanding permanent residency to those foreigners with advanced STEM degrees, said Hoffman.

    The amendment also proposes eliminating caps on H-1B visas issued to foreign students who have advanced degrees from U.S. universities. Right now, in addition to the 65,000 H-1B visas issued each year by the United States, an additional 20,000 H-1B visas are available to foreign students with advanced degrees from U.S. universities. The new amendment would eliminate that annual ceiling for advanced U.S. degrees.

    In addition, the amendment also proposes providing 20,000 H-1B visas annually to foreigners with advanced degrees in STEM fields from foreign schools.

    "Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.

    The amendment also proposes retracting a provision in the immigration reform bill that H-1B visa holders must have degrees that match their jobs. However, under the amendment, an H-1B visa holder with a degree in mathematics could continue to apply for work in a software engineering job, even without the software engineering degree.

    "We're strongly in favor of this amendment," said Hoffman. "It's the single most important amendment in this [immigration] bill," he said.

    Not everyone feels the same way. In a statement, U.S tech-professional advocacy group the Programmers Guild, called the amendment "a declaration of war on American tech workers."



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  • brb2
    08-10 11:28 AM
    I have copied the information from the link below. It clearly states DOS checks background overseas and DHS ensures the person entering is the same person who was issued the Visa. So, my point is that DHS is only responsible for conducting background checks for EB/N400 applicants only. Anyway we will know later today. Hopefully something good news after the chaos in the stock market:)



    "In many cases, US-VISIT begins overseas, at the U.S. consular offices issuing visas, where visitors� biometrics (digital fingerscans and photographs) are collected and checked against a database of known criminals and suspected terrorists. When the visitor arrives at the port of entry, we use the same biometrics � digital fingerscans � to verify the person at our port is the same person who received the visa."



    Isnt this already in place in the form of US Visit (http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm)




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  • angelfire76
    01-16 03:44 PM
    3-4 people from MSFT and couple from Nordstrom who got laid off last week.
    This economy really blows.



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  • arunmohan
    11-21 01:42 PM
    Sent.




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  • pmamp
    06-13 09:21 AM
    I work for US university on H1B. Based on my knowledge the following are valid points.

    - There is no deadline or quota for H1B visa's for these non-profit orgs.
    - You can transfer from F1, OPT to H1B (I did the same).
    - If you are being paid by a for-profit org then you ARE SUBJECT TO QUOTA.

    So, to answer your question (original poster), you will be subject to quota if you are working for a consulting firm (it does not matter if your assignment is at a non-profit org or not).

    So, if you want to get a H1B visa try to get in directly with non-profit organization.

    For many US university jobs you can visit:

    http://www.higheredjobs.com

    Good luck!



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  • dpp
    02-21 01:15 PM
    May be there is some problem with your system. It was updated in the morning only and we are all getting the latest one. Please clear cache and try again.

    I saw that in morning , trust me its one of those things I do on my laptop everyday in the morning.

    I try to access the page now and it shows the old one ...hehe :mad: ..

    Hopefully they are in the process of correcting/retracting ...




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  • amsgc
    12-11 12:50 AM
    In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.

    As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.

    The problem with this approach is that:
    - It is not FIFO
    - EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.

    Here is how:

    Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.

    So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.

    When time comes to roll over excess EB2 ROW numbers, two things happen:
    - Already substantial use of EB2ROW numbers make few numbers available for roll over
    - Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.

    The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.

    If USCIS followed FIFO, then the following would happen:
    - USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
    - This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
    - When time would come to roll over numbers not used by EB2ROW:
    - A large pool number of excess visas would be available
    - A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.

    As a result, old cases would be assigned visa numbers and backlog would be reduced.

    Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.



    I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.



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  • DDLMODES
    10-09 07:47 PM
    Service request ?? What is that ??

    Anyway, I understand that many people are in the same situation and that makes it a bit better. I will wait... Thanks for the replies...

    Its just scary that after all these years they might consider the case abandoned if you don't receive the damn FP letter. Some guys didn't even get the receipts yet. I feel for those...

    P.S.: Anybody got the case closed because they missed the FP appointment ? Is there a way to reopen it ?

    Thanks again guys !




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  • AirWaterandGC
    05-15 12:04 AM
    I have repeatedly said that is not about any one person's GC. Count on me to be with IV even when I get mine. Its the fight for justice.




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  • raj2007
    06-17 02:32 AM
    I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.

    Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.

    Please guide me on this.

    How can you ride on 2 horses?:)
    Canada needs 3yr PR for citizenship while US needs 5. I feel it wil be issue while border crossing. US is very strict and they may take GC away.Take canadian citizenship first and then apply here. Thay way you can have both.




    puvathoor
    04-08 03:34 PM
    I am intersted in contributing to the discussion in the region..




    rameshvaid
    09-16 11:17 PM
    Done ...


    RV



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