dixie
01-25 04:52 PM
First of all, everyone on this forum knows that Bush was never the obstacle for skilled immigrants - his restrictionist partymen in congress are the problem. So what purpose does this story serve and how in the wide world is this "promising"? We have been hearing such "promising news" for the last year now with nothing actually happening.
TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
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cessua
10-13 07:09 PM
How much of an argument we have if US keeps toping rankings of most competitive countries to do business in the world?
http://hbswk.hbs.edu/item/5454.html
http://www.weforum.org/pdf/Global_Competitiveness_Reports/Reports/gcr_2006/BCI.pdf
http://hbswk.hbs.edu/item/5454.html
http://www.weforum.org/pdf/Global_Competitiveness_Reports/Reports/gcr_2006/BCI.pdf
desi3933
02-18 06:17 PM
I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.
Appreciate your help in this regard.
She has come back to US before child turns 2 and it must be their first trip to US. No visa is needed for child and child will be provided green card on arrival.
You need to carry documenation with you as not all airlines are aware of this rule that child can travel without visa.
Again, it must be their trip back to US after child's birth.
_________________
Not a legal advice.
Appreciate your help in this regard.
She has come back to US before child turns 2 and it must be their first trip to US. No visa is needed for child and child will be provided green card on arrival.
You need to carry documenation with you as not all airlines are aware of this rule that child can travel without visa.
Again, it must be their trip back to US after child's birth.
_________________
Not a legal advice.
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gcformeornot
05-29 04:26 PM
For the record I do not have a problem. Employer is a very large company and I have worked in the same location for close to 10 years with a well maintained LCA history. So chill. My eyes are wide open in matters important to me.
The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.
You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.
Murthy Law Firm Attorney 6
Attorney posted May 29, 2010 12:34 PM
Call the Murthy Law Firm after the holiday weekend and get some help.
We have started to see this issue. The USCIS trying to deny I-485s due to LCA failures. The reason the LCAs aren't proper, usually, is that the employer relocated the person w/o doing a new LCA. The employee usually has no idea, since the LCA is the employer's filing and there used to be a lot less attention/awareness about LCA issues.
We have developed a number of arguments regarding this matter....including the "no fault of your own" concept and arguments regarding status violations vs LCA violations etc. This is a new development.
The reason why it is important is that it is necessary to be in status when filing the I-485. Prior status violations exceeding 180 days prior to or after filing the I-485 are grounds for I-485 denials.
It is a complicated topic. If the USCIS persists in this matter, there are going to be a lot of cases with this type of problem.
Urgent Notice of Intent to Deny I-485, LCA amendment not filed - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8951088502&r=1511058602#1511058602)
The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.
You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.
Murthy Law Firm Attorney 6
Attorney posted May 29, 2010 12:34 PM
Call the Murthy Law Firm after the holiday weekend and get some help.
We have started to see this issue. The USCIS trying to deny I-485s due to LCA failures. The reason the LCAs aren't proper, usually, is that the employer relocated the person w/o doing a new LCA. The employee usually has no idea, since the LCA is the employer's filing and there used to be a lot less attention/awareness about LCA issues.
We have developed a number of arguments regarding this matter....including the "no fault of your own" concept and arguments regarding status violations vs LCA violations etc. This is a new development.
The reason why it is important is that it is necessary to be in status when filing the I-485. Prior status violations exceeding 180 days prior to or after filing the I-485 are grounds for I-485 denials.
It is a complicated topic. If the USCIS persists in this matter, there are going to be a lot of cases with this type of problem.
Urgent Notice of Intent to Deny I-485, LCA amendment not filed - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8951088502&r=1511058602#1511058602)
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theperm
05-07 03:21 PM
Thanks! :-)
ss1026
04-10 03:56 PM
163,000 applns for general and more than 31,200 applns for advanced degree.
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
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doceb2
04-13 06:20 PM
i also need the answet to this question , how should one respond if somebody gets rfe with different job
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Jimi_Hendrix
11-02 02:41 PM
cases where I140 is approved and I485 is pending for more than 6 months i.e. AC21 cases? I think in these cases you can move to a different state. Can anyone validate this?
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jayram123
07-12 12:05 AM
If this is true it's really horrible and scary that this gov. agency is handling our applications.
It sounds like it's true. Man! I just wish somebody holds them accountable for this. Despite all efforts from DOS to not waste any more numbers by making all categories current, USCIS still wastes them. Shameful! USCIS should be completely rehauled.:(
It sounds like it's true. Man! I just wish somebody holds them accountable for this. Despite all efforts from DOS to not waste any more numbers by making all categories current, USCIS still wastes them. Shameful! USCIS should be completely rehauled.:(
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delhirocks
07-05 06:36 PM
First off, thanks for the response guys.
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
My take is that I-140 is a petition from the employer unlike I-485. I don't think its your right to get it if they do not want to give.
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
My take is that I-140 is a petition from the employer unlike I-485. I don't think its your right to get it if they do not want to give.
more...
vishwak
08-05 01:53 PM
I think this is like saying.....My friends drove on I-101 at 80 MPH and they never get Ticket. Ahhha....Immigration is like game and we never know when you get trapped.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
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ocpmachine
06-17 12:26 PM
Thanks yganreddy for your input. It might help.
In my case, the X Ray shows nothing - so I am all clear on that.
My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.
I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).
EB3June03,
Its upto the doctor's discretion to accept an old TB skin test(PPD), my doctor did not consider the old test results, she recommended taking a new PPD test as the test is a snapshot test which indicates the state as of the time of the test and you might be infected with TB since the last test.
Also, there is a new test as mentioned earlier called Quantiferone-Gold test (QFT-G) which provides better test of TB. However, this test is NOT certified by USCIS.
Just for clearing the doubt, you can take QFT_G test, if QFT-G result is +ve then you need to undergo treatment, if x-ray is clean and QFT result �ve you are clear of TB. My QFT-G came back as �ve and clean X-ray, however my 693 form was marked �Class B Latent� due to PPD result > 10mm, I am not taking treatment due to �ve QFT but keeping all the paperwork to respond in case of future RFE.
Disclaimer: I am not a Doctor/Lawyer.
In my case, the X Ray shows nothing - so I am all clear on that.
My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.
I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).
EB3June03,
Its upto the doctor's discretion to accept an old TB skin test(PPD), my doctor did not consider the old test results, she recommended taking a new PPD test as the test is a snapshot test which indicates the state as of the time of the test and you might be infected with TB since the last test.
Also, there is a new test as mentioned earlier called Quantiferone-Gold test (QFT-G) which provides better test of TB. However, this test is NOT certified by USCIS.
Just for clearing the doubt, you can take QFT_G test, if QFT-G result is +ve then you need to undergo treatment, if x-ray is clean and QFT result �ve you are clear of TB. My QFT-G came back as �ve and clean X-ray, however my 693 form was marked �Class B Latent� due to PPD result > 10mm, I am not taking treatment due to �ve QFT but keeping all the paperwork to respond in case of future RFE.
Disclaimer: I am not a Doctor/Lawyer.
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plassey
08-13 10:48 AM
Congratulations but I was wondering if you are more an exception then a rule...:confused:
Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
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mmanurker
04-13 01:54 PM
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
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vik352
12-08 11:58 AM
Her H4 is not valid. She did travel to India without an approved AP.
Can we cancel her GC application and bring her back on H4?
Any other options?
Can we cancel her GC application and bring her back on H4?
Any other options?
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Jeff Wheeler
06-08 07:25 PM
Some really great ones. Congratulations to whomever wins (although I'm sure I'll congratulate you again), and thanks for holding this great contest. :)
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Sunx_2004
05-14 04:42 PM
I was under impression that there is last quarter quota still remain...
Based on below they used it all...
:confused:
I am sure this is noticed by many :
"E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year. "
Based on below they used it all...
:confused:
I am sure this is noticed by many :
"E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year. "
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gc_check
07-12 05:51 AM
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
Looks like most of the Attorney's who told, they will not file after the July 2nd revision of VB, are now planning to file anyway. Think the decission could have influenced after the Tuesday's Aila Conf. Call. My Attorney finally gave updates that they would have all the 485's completed and ready to go while monitoring the situation and action of AILA/USCIS and will file if is of the best interest to the applicant. Also, the reason they are holding back now is also, what if, USCIS neither receipts nor rejects the applications and hold them and argue they cannot take an action as the cases are subject to litigation.... then it could be even worse.... Any thoughts on this...Folks share your communication with your attorney's if any details worth sharing.
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
Looks like most of the Attorney's who told, they will not file after the July 2nd revision of VB, are now planning to file anyway. Think the decission could have influenced after the Tuesday's Aila Conf. Call. My Attorney finally gave updates that they would have all the 485's completed and ready to go while monitoring the situation and action of AILA/USCIS and will file if is of the best interest to the applicant. Also, the reason they are holding back now is also, what if, USCIS neither receipts nor rejects the applications and hold them and argue they cannot take an action as the cases are subject to litigation.... then it could be even worse.... Any thoughts on this...Folks share your communication with your attorney's if any details worth sharing.
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mpadapa
10-10 06:40 AM
H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
mmk123
01-19 08:17 PM
Democrats seem to be loosing senate seat in MA. Message is clear - in this great recession, people don't want more taxes especially when they are happy with their current healthcare policies and their healthcare coverage don't change a dime for those extra taxes. Especially, when MA people are already paying for state universal healthcare. Why should WE pay for THEM?
Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..
Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..
vinvin24
08-27 11:34 AM
I am in Miramar, FL. Do you meet regularly in SF?
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