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  • veni001
    01-17 05:14 PM
    hey

    i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
    for your information both are masters candidates and are eb2 filed
    but his was file months before mine and he got audited
    mine is in the process of being filed

    not sure of whether this even matters and cases are indepedent
    but just wanted to know ahead of time if it calls for a sure denial

    thanks
    chehuan

    Chances for an audit are 95%:(





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  • morpis
    06-25 12:34 PM
    Hello all,

    I am not able to get my passport renewed. Indian consulate in Houston said that it will take atleast 4 weeks to get a passport.

    Pl help. Can I go ahead and apply for my 485?

    Also, would you know anything about copies of affidavits?

    Pl reply. I am in serious bind.

    Thanks.





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  • karthkc
    07-17 03:49 PM
    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?

    When you started using EAD, did you file for AC21? If you did not or don't know what AC21 is, you will want to talk to your attorney.





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  • vallabhu
    06-15 09:10 AM
    contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.



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  • amdn123
    02-04 08:22 PM
    I applied for the I-485 with a notice date of July 3, 2007 (application mailed in June) and paid $180 for the EAD that has a notice date of 07 November 2007 (was not filed concurrently). Do I have to pay the $340 fees to renew it? I went through the instructions and they are confusing as they say I don't need to pay the fees if I file I-485 before July 30, 2007. At another place they say no fees if filed under the fee structure IMPLEMENTED on July 30, 2007. I went through the electronic filing and they don't even ask for the date of I-485 filing, just charge you the $340. Any advice?





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  • belmontboy
    10-02 09:13 PM
    Today is oct2nd. Dont forget gandhi. be a man and have righteousness in heart.

    the devil won't understand all these :)



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  • Blog Feeds
    02-10 08:50 PM
    Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

    With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

    Background

    On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.

    In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)

    The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.

    This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.

    Requirements in the Statute

    The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
    A. Temporary Increase in the Number of Professional Visas Available

    There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
    B. Electronic Postings

    LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
    C. Attestations Required for Employers Dependent Upon Foreign Professionals

    U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.

    The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.

    H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
    D. Increased Enforcement and Penalties for Violations

    The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
    E. Back Benching H-1B Employees

    Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
    F. Benefits

    Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
    G. Additional Fee for Use of H-1B Program

    Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
    H. Prevailing Wage Computations

    For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
    I. Academic Honoraria

    Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.

    Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!




    More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)





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  • sdrk
    07-09 07:34 AM
    Reached on July 2nd, 9.01 AM through FedEx, mailed on June 29th



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  • bigboy007
    11-05 04:15 PM
    Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
    Forget about congress.. Immigrantion reform should start with us Immigrants if we dont go and meet atleast our lawmakers who will help us ?





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  • kirupa
    10-05 09:00 PM
    I stickied it - I'm not sure how the rules work in Battle though, so maybe it isn't meant to be stickied. If it gets unstickied, I'm sure I broke some rule :)



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  • drona
    07-12 02:39 PM
    He always says he is pro legal immigration and that he is a champion of immigrants. He won't know what that means until he meets us! :) Let's give him some attention!





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  • ivar
    09-11 11:04 AM
    I read some posts from the thread you mentioned and i was not able to read it entirely as it was a very long thread. I couldn't figure out what changed with respect to EB2 job zones. I have filed my current perm in EB2 with senior software engineer title and i am not sure what will happen to that. I am in this country for 5 years and still struggling to get my PERM approved (So far i have filed PERM three times :)) Is there anyone in IV who has got their PERM approved with Priority date from DECEMBER 2008 onwards? This will be little encouraging.

    Are there any PERM approvals with priority date after DEC 08? I believe a lot of people on IV have already passed this stage (Many may have EAD by now) and there may not be many in this PERM queue. There are people like us who are still stuck with PERM and need to hear from fellow IVians if they are aware of the reasons for the PERM delays. It is taking more than 10 months to get the regular PERM approvals.



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  • priderock
    09-01 05:27 PM
    Congrads!! you seem to be lucky. I noticed that several other of our regular posters have PDs earlier than you and are still waiting. Why do you say 10 years? your PD is 04 so that makes it 5 years :D:D

    I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.

    Thank you all for the congrats !!





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  • InTheMoment
    06-19 09:32 PM
    You have no option here dear ! NSC is the only place where you would file your concurrent application !

    Check www.uscis.gov/I-485



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  • mdmd10
    08-31 10:48 AM
    I don't understand why are you raising this issue in a forum specifically designed to address immigration issues.

    If you need to find a good desi consulting company then you would have to do your own research. After all what would you expect from the members...company A is good and company B is bad!

    You are not going to get a definite answer from this forum! Also, please understand that there are many members here that may not work for desi consulting companies or are desis for that matter. Do your own research and find a company that works for you without soliciting opinions from a forum not designed for such responses!

    My humble 2 cents!





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  • ivar
    06-18 10:59 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    You have maintained legal status proved by our I94 extensions.. also take all your paystubs for visa stamping to show your job contiunity. You will be good.



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  • dpp
    08-17 04:06 PM
    fedex des not deliver to PO boxes

    Everybody knows that. But what he referring is "whey didn't you use FedEx service by giving Street address of TSC?"





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  • Tantra
    07-26 01:52 PM
    http://www..com/usa-immigration-trackers/i485-tracker1/

    If we sort by 'USCIS Notice Date' (click it to sort descending), then we see this case right on top (guess second)...

    This also gives a quick idea about the latest Notice Date trend. Sadly, not much activity from July 20th onwards (total 7 notices reported).





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  • fcres
    08-16 10:28 AM
    i called the bank too and they cant read the check neither..i can see a number starting with ent only....where in the checkexactly do we look for the receipt number.
    thanks

    It should be 3 lines under "For Credit to U.S. Treasury" and just below a line of dashes (-------------------) starting with SRC or LIN and then 07xxxxxxxx





    letstalklc
    09-04 04:14 PM
    I have applied for extension in June this year and got approved (July itself) for 3 years without any RFE based on I-140 approval.....





    TeddyKoochu
    01-06 09:49 AM
    All depends on spillover; it�s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.

    I don't know why I received reds for my post, anyways I respect the opinion of members, I understand that everybody is genuinely pained and suffering so it�s really not anger directed at anybody but the current situation in which we are. My humble opinion is that for any significant noteworthy movement the spillover must happen for individuals belonging to retrogressed countries. Spillover does not really harm anybody. I believe that it�s always better to have ones expectation set correctly rather than expect too much and be disappointed on the day the VB is released. The more the queue moves the better for all, CIR or Recapture are the two genuine solutions to alleviate everybody's pain and suffering. Good luck to all.

    I have one observation that the time the Jan VB was released and the inventory report date kind of match up and since no numbers were available there was no change. If we are going to still have the incremental monthly or quarterly allocation for the retrogressed countries we will still see no change or really no significant change. The spillover for now is the anti-biotic or quick fix; it�s really not the cure or the remedy but it will give a great feeling to many who will get greened sooner and hope to others who are behind.



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