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Thursday, June 23, 2011

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  • sledge_hammer
    07-16 03:37 PM
    ebizash,

    If you did not file the AC21 paperwork, what triggered the RFE? Was it a new H-1B petition with the new company?

    I was amazed when my HR called me today to let me know that they had no problem in signing the letter and immidiately after the call, faxed me the signed letter.

    Thanks everyone for answering my questions on this post as well as via PM.

    I can not access PayPal from work but will donate additional $50 to IV after I get back home.





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  • carbon
    05-30 03:48 PM
    I think the reason is little bit of everything.

    1. We are a very small group.
    2. We are doing white collar jobs which they are affraid we are stealing
    from their sons and daughters (compare that with the toilet cleaners)
    3. We get No sympathy from any side. Reason: we earn lot of money (at least
    thats what they think)
    4. Our issues are complex. Not many people understand retrogression
    or H1B restrictions (compare that with "Hiding in the shadows" argument)





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  • bugsbunny
    04-11 12:39 PM
    How much money you have donated?

    This knee-jerk response to question the questioner is not needed.
    Whether he/she has donated or not ...is not important.
    Everyone who has contributed towards IV and/or intends to contribute towards IV will ask this question. It is not intended to insult or to question the laborious work done by IV. I am hoping more people realize this.

    The answer to your question is that IV will not discuss the details of their expenses in public forums. I am not quite sure if its discussed in the donor forums.

    However i think a general idea about what the expenses are is as follows.

    These are my guesses : (IV Core please feel free to add/remove items to this list)

    Ongoing Expenses: Maintaining this website, phone for IV, paying for reputed lobbying consultants, paying for attorneys to pursue important issues in court.

    Advocacy Events: renting out hotel suites, possibly paying for lawmakers expenses to attend, advocacy packets for lawmakers, helping members with expenses to fly to DC and meet lawmakers, other miscellaneous expenses stationary/food etc

    Please understand that this is an all volunteer based organization and there are no absolutely defined positions/roles played out by members. Members join and help out in areas where help is needed.





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  • gc_dedo
    01-06 05:35 PM
    irs has already posted how you can get rebate if you were not eligible last year but you are eligible now (after getting dependents ssn)

    http://www.irs.gov/newsroom/article/0,,id=186065,00.html?portlet=7

    AFAIK, those who become ligible to receive stimulus in 2008 can claim stimulus of previous year. IRS will post information - how to claim it.



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  • gcwanter
    03-02 01:16 PM
    is it even legal for you to pay for G.C.

    by law i think your company should pay for all G.C. related expenses..

    correct me if i am wrong

    who pays for GC nowadays? people are paying for their own H1B's. count urself lucky if your company is paying for you. most of the cases we are paying and being treated like BS from both lawyer and company in GC matter





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  • bestin
    05-23 04:24 AM
    Try student visa for your prospective spouse.



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  • axp817
    12-04 02:12 PM
    I have to agree with AngelFire here. There is a clear distinction between the EB2 and EB3 eligibility requirements. And who are we kidding, if your employer or attorney were willing to file an EB2 petition for you, would you be the "One category for all, Joe" that you are now, and demand that your employer file in EB-3 instead? Of course not.

    I'll admit it, I probably would have felt the same way if I was EB3. Being human sometimes makes us want others to not get what we don't have.

    I am amazed that there supposedly are people working at gas stations with valid EB2 petitions? And a "LOT" of them, too. I highly doubt that.

    There is a process and system in place to ensure the validity/genuine-ness of each application. If phony applications slip through that process, the process needs to be fixed and more checks established. I don't see how scrapping EB2 can fix that.

    I'll give you an example. I know someone that has an EB1 (NIW or EA, one of these two) petition in process. To the best of my judgement, I don't feel that this person qualifies (at all) to be an EB1 Green card recipient. And this person getting their green card before mine comes along, will cause some discomfort to me. But I can't let that bother me too much. There is a system in place to ensure that these type of things don't happen, and I would like that system to improve so that the people who truly deserve EB1 Green cards continue to have that option.

    I also know someone else that used the labor substitution option to get their green card within a year - start to finish. But this person was a genuine candidate for labor substitution. He had the necessary academic qualifications and work experience prior to the date of the LC, and the job was a valid one as well. He was a true example of what the labor substitution process was introduced for. Even if a large percentage of labor sub cases weren't as strong as his, I find it hard to hate everyone that benefitted from it, such as this person. It would be just wrong to say that this person violated any rules, because he didn't. Yes, I wish I qualified for some of these fast track options, but I don't, and I can live with that.


    Thanks,





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  • jetflyer
    06-13 01:27 PM
    You have to stick to Software Engineer field in order to take advantage of PD recapture. If you move to Business Development using MBA than its hard to justify same or similar. Find a new job which requires EB2 and show BS+5 to qualify.
    Hope that helps!



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  • vikki76
    05-22 02:34 PM
    Your example demonstrates clearly how screwed up is this new proposed immigration bill .





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  • optimystic
    03-28 08:08 PM
    Right but if my doubts are valid and USCIS may be planning to act in the said way then we can proudly say that " we have been legally fooled" by USCIS.

    May be one of the items in Admin fixes campaign should be to request for better transparency from USCIS.

    If you have transparency, a lot of issues will automatically see light and be raised in senate sessions, in media, etc.

    Stupid info like Processing Dates, which retrogress for stupid unknown reasons and are utterly useless information help no one.

    Some of the things that should be transparent and should be reported every month are

    1) Range of Recpt dates (earliest date and latest date) processed/opened by a service center in a month. This will help us understand if they are following FIFO or not

    2) Range of PDs approved/adjudicated/visa number assigned in a given month at a given service center
    earliest PD(date, EB category) &
    latest PD (date, EB category) &

    This will tell us whether they are adhering to their own rule of adjudicate cases and assign visa #s only when PD is current

    3) How many Visa numbers have been used up in each category so far. (They definitely have this information, otherwise what is the basis for them to suddenly move PDs ahead so as to use more visa numbers ! )

    This will expose the speed (or the lack of it! ) at which they are using visa numbers and potential for wastage


    The Gurus can probably come up with other metrics.

    Most of these should be easily generated by USCIS...and this transparency will force them to work efficiently/correctly.

    And since such data would also help Administration, they might like the proposal, and willing to force USCIS to start publishing such data.

    Then we wont have a use for sites like :) (sorry Mr. Goel ! )



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  • optimist
    06-18 10:29 AM
    The evidence of experience should include Job Responsibilities(detailed), Salary, Dates and peferably on company letterhead (or at least should have full contact information of person writing the letters, to prove authenticity). If the papers you already provided (affidavits from co-workers, previous co. offer letter, yearly appraisal letters and last few pay stubs) have all this info, they should be enough to prove your experience.

    Are you sure your 'company lawyer' is handling this case well? There are innumerable horror stories of company "lawyers" messing up a perfectly good case and 'forgetting' to submit all documents with the petition. Please get all the papers from your company lawyer and consult with your own attorney to discuss the case ASAP - it will be really worth paying for this consultation.

    Good Luck!





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  • GCwaitforever
    10-19 07:16 AM
    If you get H1 transfer with sponsorship for GC, you can port your old PD to the new I-140 petition. Better to apply for 3-year extension now itself, if you think there will be layoffs. This gives you sufficient time to apply for perm LC/I-140.



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  • felix31
    01-22 09:59 PM
    ofcourse she cannot change her status until oct 1st. How ever the sluice gates for the new h1 quota open on Apr 1st and will be gone in days. My question is Does she need her H4 approved to have her prospective employer file the I 129? (or) Can she just provide the notice of action she received for her H4 extension filing to show that she is maintaining status?

    I also want to know the same...

    Please, anyone??





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  • ras
    03-16 02:19 PM
    Employees should be particularly wary of having their adjustment applications handled by the employer�s attorneys. If there is a dispute between the employer and employee, as when the employee terminates employment and moves on, there is an inherent conflict of interest. The attorney may continue to represent both side, but only if the conflict is disclosed and explained, and both sides explicitly consent to waive the conflict.

    Similarly, the employer�s attorney must provide the employee with complete copies of everything filed in connection with the employee�s application for adjustment of status. This application is personal to the employee and has nothing to do with the employer. If the employer�s attorney files the employee�s adjustment application, he or she is acting on behalf of the employee and owes the employee a fiduciary duty of loyalty. If the CIS issues a request for evidence (RFE) or notice of intent to deny (NOID), the attorney must act in the best interests of the employee if he or she undertakes to respond.

    Unfortunately, many employer attorneys see their first loyalty to the employer and not to the employee. If you are uncomfortable having your employer�s attorney represent you, you have the right to change lawyers and retain someone on your own.



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  • purgan
    07-25 07:06 PM
    Because of illegals granted amnesty any legal immigrant filing after Apil 30, 2001 faced longer waits and backlogs because they consumed the existing quota of immigrant visas. In essencem legals were penalized for obeying the law and standing in line.

    Let's do a poll to see how many EB3IND folks will be willing to be a party to a class action lawsuit to provide relief. Obviosuly if the lawsuit prevails the plaintiff's pending GC applications will be approved. GCOP, mirage or anyone else- want to put up a poll (i don't know how to do it)

    This might be a better option for many who cannot do a Writ of Mandamus lawsuit





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  • breddy2000
    02-02 01:09 PM
    Hi breddy2000:

    Thanks for your reply and was RFE similar to mine?

    Here is content of RFE:

    Exact RFE text is:

    1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:

    A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.

    B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.

    C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.

    Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:

    a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;

    b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
    Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.

    c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;

    d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;

    e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);

    f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).

    g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.



    Thanks


    I got RFE on this

    B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.

    Evidences I provided
    ================
    b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
    Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.

    Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
    Pls go through a competent attorney to make sure you respond appropriately....



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  • mayhemt
    04-28 01:24 PM
    Another interesting report is on increasing aging population in US. While India, China & other emerging markets have a lot of younger population (productive age).
    America, Europe and Japan's aging population Time Bomb (http://www.d-transition.info/western-demographic-winter-2/america-europe-japans-aging-population-time-bomb-382/)
    Module 2: Demographics of An Aging Population (http://www.ageworks.com/course_demo/200/module2/module2.htm)

    What it would mean?
    Well the younger workforce is ready to contribute towards bottom line of the economy thru SS, Income taxes etc. and offset the liability side of the budget... Another ammunition point!!!

    India has a much younger demographic profile today, as well as a higher birth rate, which infers that India will have an advantage over many other countries with regard to demographic burdens from an aging population at least until the latter stages of the 21st century.





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  • msyedy
    05-30 03:25 PM
    I just don't understand one basic question.

    Congress is trying to pardon 12 million illegals as a one time measure and give them Green Cards. (OK - Very good)

    On the other hand we are about half a million who entered the country legally and helping the U.S. economy and paying taxes. Why don't they consider giving all of us Green Cards as a one time measure too ?????

    We the legals... pay taxes, contribute to this economy by spending earned money here in the US, abide by the rules, carry medical insurance.

    We keep doing this, till we get our green cards or till we permanently leave this country. It is a win - win situation.

    The strict H1-B rules that are added to this Senate bill will be removed or some work around will be sorted out or else the US economy will go down.

    The question now is how confident we are that they will get an amendment to give us some EB visa relief.
    The high tech employers have a problem with the new merit based system which is going to take away the reins of holding an employee from them. Employers of other industries have raised their concern against this new system which gives more points to degrees and not skill. This system is also causing a lot of concern among the familiy members here.This system will take a lot of time to kick in.

    1) The tech lobbyist can add pressure to give relief to current members in backlog so that they can hire them soon. They know that many skilled people are stuck with their companies because they can't switch due to the GC process.
    2) Can add pressure by saying that they need us now and not after 5 years when we get our GC.
    3) We need to force them to understand that they should give relief to legals too when they are doing a lot for the illegals.

    That is all I think can be possible.





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  • lazycis
    12-18 04:14 PM
    If you put the IOs into situation where they can potentially make mistakes...

    more often then not, they will make a mistake. Then you have to pay the USCIS to fix their own mistake by filing MTR. Not to mention unnecessary stress... That being said, everybody has different risk tolerance.





    ashkam
    03-25 08:20 AM
    Approved
    Receipt Date : Nov 13 2007
    Notice Date : March 17 2008





    leo2606
    12-26 11:38 PM
    Is it mandatory to file AC21 with USCIS after moving to a new company?
    If I move out to a new company before 180 days with the employer's co operation now and
    If that employer cancel the I-140 in future (i.e after 180 days), will that have any impact on I-485?



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