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  • sands_14
    04-27 12:18 PM
    PD cud have been applied at time of filing the new I140 but now you need to file new labor and new I140 to get the PD ported.

    Still consulting a lawyer is best.




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  • Scythe
    11-25 07:08 PM
    All the buttons should be put into one jpeg, so we can see them all side by side. 2 rows with 5 buttons each.




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  • buddhaas
    02-02 03:57 PM
    Why Is H-1B A Dirty Word?
    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:



    * H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
    * The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    * The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    * The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    * The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.

    Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.

    source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form




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  • newxyz100
    07-17 04:34 PM
    I think you need to be in US when the application reaches the USCIS office.
    Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
    Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.

    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?



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  • kicca
    01-31 05:29 PM
    ^^^




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  • Siddharta
    09-26 04:41 PM
    If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.

    Are you 100% sure about this.



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  • Rb_newsletter
    07-13 05:31 PM
    I am in similar situation but in GC process. My ex-colleagues are afraid to write experience letter for me.

    Some colleagues who are still working in the same company doesn't want the company to know about the letter. They are afraid that company would take action if USCIS contacts the company to verify the letter.

    Some colleagues who are out of the company are concerned about USCIS process. Basically they don't want to involve in any queries/RFEs from USCIS.




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  • GCWhru
    08-20 11:41 AM
    We are also in the same situation. Mine got approved on Aug 11th but no LUD on spouse's case.

    We had a Infopass appointment today, very nice IO informed us that NC and BC are cleared and case is still pending at TSC.

    He asked me to call 1800 and open a status inquiry (SR), but I requested him to open one for me, since I have/had very tough time with 1800. He was kind enough to open a SR and gave me the reference number too. He also informed me that I will be receiving a mail from USCIS within 30 days explaining the status of the case.



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  • jnraajan
    03-24 05:22 PM
    Good Job Mark.




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  • manish1905
    10-07 12:07 PM
    Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda

    I have filled all my details now.



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  • camarasa
    07-12 05:02 PM
    "and why the hell discrimination against people from only 4 countries?"

    Oh please - what rubbish.




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  • indyanguy
    10-19 07:52 PM
    Actually, IMO, stocks is a loosers game. Many have tried it and have lost a "lot" of money(including myself). If you would like to make money through investments(i didn't say *stocks*), you should go with something like mutual funds and have a well diversified portfolio across different asset classes.

    If you really want to get yourself into stock market investing, the best book(Holy Grail for people like Warren Buffet and many other Mutual Fund managers) to get started on is is The Intelligent Investor by Benjamin Graham. There are tons of discussion forums like morningstar.com that has discussions about finance related topics. You could also get started with Mutual Funds for Dummies, Common Sense book on Investing by John Bogle, The Intelligent Asset Allocator by Bill Bernstein etc., There are tons of other ones, but this would get you started.

    But, my 2 cents, have a long term goal, educate yourself on what investing(again, I didn't say stocks) is and get started. Investing is a marathon not a sprint.

    Hope this helps.

    Sanjay.

    Thanks for the info. This is helpful. I see what you are saying. However, don't you think that considering there are a lot of stocks that are at bargain prices (due to the downturn in the economy and not necessarily due to the company's performance), this would be the right time to buy and hold and build up the portfolio. As Buffet himself said "Be fearful when others are greedy, and be greedy when others are fearful."

    I strongly feel investing in well known companies' stocks which are battered temporarily is a nice way of expecting better returns when the stock market revives.



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  • WaitingYaar
    09-21 06:50 PM
    The dates for filing shown in processing dates released on 9/19 do not concur with this information.




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  • thediablo
    05-30 04:59 PM
    bah dont get sad... i know you can do it worst than that :D

    :thumb:



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  • kriskris
    04-17 11:14 AM
    My wife (going to use AP), My little son (US citizen) & my mother-in-law (Visitor Visa) are coming back to Dallas from India on Monday. My mother-in-law left USA in November 2008 and coming back again now. Would it be safe to send all three of them to the same counter at the POE? or would it be safe to send them to 2 separate counters.

    My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?




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  • ganguteli
    06-12 09:52 AM
    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).

    Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
    You should find another job asap.
    If you cannot, then leave the country. If you overstay you will be illegal.

    And if you are an anti-immigrant posting on this site to expect people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop comming to this site and try to malign law abiding people. Got it.


    Read this
    http://www.post-gazette.com/pg/08060/861421-85.stm
    1 in every 100 Americans in jail



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  • Almond
    07-13 03:46 PM
    ROFL buehler you are too funny!!

    PD_DEC2002 I never even realized there were messages when going over those squares, how interesting!




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  • dollar500
    04-09 08:50 PM
    Thanks all.




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  • ramaonline
    12-23 08:37 PM
    For F1 visa u must prove non-immigrant intent - usually it is not possible to get f1 when u reach I485 stage.




    gk_2000
    04-30 12:23 AM
    May be 10% might have become entrepreneurs...? Definitely not everyone has started a 10person or even 1 person company....People are doing good but they just work as programmers or so called project managers...you know its not a big deal to become a Project manager in India..

    But 150K entrepreneurs...:p

    I have not read that report completely, but ...

    1. GC Vovek seems to say there was not a single person who left US to become an entrepreneur. This is not true 100% sure
    2. The 150k might be spread over last 20 years, or 10 years at least, or ever since the backlogs became an issue. This means the figure drops to about 15k per year, which sounds much more plausible

    The answer may well lie somewhere in between..




    abhijitp
    01-25 02:42 PM
    I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!

    NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!

    Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!

    PLEASE.... this is the last call.. don't let us down!



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