Thursday, June 9, 2011

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  • Cheran
    04-08 02:16 PM
    There is a correlation between election year and immigration. But if that works out, lets say they make the priority date current, it does not matter whether you filled in 2005 or 2007. Now, we are assuming that they will make the date current. You never know, they might bring some weird rule, which take the priority date as a criteria. So what I am saying is, its your call. If I were in your position, I would wait atleast until we get some answers about the new initiatives....

    Hi all,

    One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.

    I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.

    Please let me know, if any of you agree with him.




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  • purgan
    09-14 08:26 PM
    Its coming around to that time of the year again... an article on the (ultimately unsuccessful) effort to raise the H-1B/EB cap last year. This refers to the infamous S. 1932 bill

    Immigration restrictionists argument at the time, was "we should not be doing immigration in this bill". So when should it be done- in the CIR Bill. Well, CIR has come and gone by, and still there is no relief to the H-1B/EB blackout. Will these people support the SKIL Bill after Nov? I don't think so. So what will be their excuse this time? Let's wait till next year for comprehensive reform again:)

    What these airheads don't realize is that they're only strengthening momentum for CIR by opposing SKIL, Bill Gates and the big tech lobbies, healthcare lobbies, universities, Chamber of Comemrce, and other business groups such as NAM are going to add tremendouly to the strength of the H-1B/EB reform version of CIR.

    Sometimes i just feel that CIR should pass big time and 15-20 million illegals be legalized, so these folks are 'immigration-desensitized". It will happen under a Democratic House, an even more Democratic Leaning Senate and a President determined to do something in his penultimate year in office. Watch out for 07!


    ========

    Budget bill would boost green cards
    By Stephen Dinan
    THE WASHINGTON TIMES
    October 31, 2005

    The Senate's budget package includes provisions that would make available hundreds of thousands of green cards for new permanent legal immigrants, in what is shaping up as the next congressional fight over immigration.
    The bill's measures would "recapture" 90,000 unused employment-based immigration visas and would exempt family members from counting toward the cap, which is set at 140,000 per year.
    Based on past trends, exempting family members would mean an additional 150,000 permanent legal immigrants annually. About 1 million people become legal immigrants each year.
    The change is part of the deficit-reducing budget reconciliation bill, which is on the Senate floor today and includes billions of dollars in cuts in Medicaid and other social spending and allows for oil drilling in the Arctic National Wildlife Refuge.
    "We should never be doing immigration policy inside this kind of bill," said Rep. Tom Tancredo, Colorado Republican, adding that he will vote against the bill if it makes it to the House.
    The Senate Judiciary Committee, which was faced with a deficit-reduction target, chose to meet it in part by selling to employers the 90,000 unused immigration visas and by raising the fee on employment-based visas by $500 each.
    The panel also voted to allow 30,000 more workers per year under the H-1B temporary-visa program.
    The measure is supported by universities, hospitals, technology companies and the U.S. Chamber of Commerce, which say there is a shortage of qualified workers.
    "These are workers who already have been certified by the Department of Labor for positions U.S. workers could not be found, or who are internationally recognized for research and other achievements," the Chamber of Commerce said in a letter of support.
    The chamber also said many of these workers are in the country and that the Senate bill just streamlines their pursuit of green cards.
    Deborah Meyers, senior policy analyst at the Migration Policy Institute, said the changes make sense because the current system doesn't accommodate the need for high-skilled workers and would help reduce a backlog in applications from India and China, where those now being accepted applied at least four years ago.
    But critics say the money raised -- about $120 million a year -- does not compensate for the damage to Americans seeking jobs.
    The Coalition for the Future American Worker, made up of groups that back stricter immigration limits, will begin running a newspaper ad lobbying Congress this week to oppose the changes.
    The bill first must clear the Senate and then go to a House-Senate conference committee, and some House members said they will try to ensure the provision isn't included in any final bill.
    "We don't expect there to be any immigration provisions in reconciliation. This is not the time or place for controversial immigration provisions," said Rep. Lamar Smith, Texas Republican.
    Mr. Smith said party leaders will have a difficult enough time passing the budget bill without adding immigration to the list of issues covered.
    "We're going to need every Republican we can get to pass it," he said.
    The House budget bill does not raise immigration levels. Instead, the House Judiciary Committee met its budget-cutting goal by increasing the fee for L-1 visas, another temporary-worker program, by $1,500.
    The Senate debate on legal immigration comes even as Senate Majority Leader Bill Frist, Tennessee Republican, announced last week that the Senate would take up broad immigration reform early next year.
    The overall bill is expected to tackle legal and illegal immigration, border security and interior immigration enforcement.
    Amy Call, a spokeswoman for Mr. Frist, said he supports the legal immigration increases but considers them "a temporary stopgap measure."
    "Recapturing old, unused visas will only help satisfy some of the current excess demand for highly skilled workers, but at some point even this pool of recaptured visas will be exhausted," Mrs. Call said.
    The bill also increases H-1B visas from 65,000 to 95,000 in fiscal 2006 and raises the fee employers pay by $500.




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  • gchope2k6
    03-17 12:16 PM
    Hello all,

    Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?

    Thank you.




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  • stillhowlong
    01-18 10:36 AM
    You can file 485 with either of the I140 as long as the position is open and the companies provide a letter stating the permanant nature of the job.

    For interfiling, one can request the priority date porting in any of these:
    - when you file the 2nd I140. You can send a copy of the first one and request to use that date.
    - when you file the 485, you can request to use the earlier priority date.
    - After you file 485, you can send a request to use the earlier priority date.
    In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.

    When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.

    Note: This is not a legal advice. Please consult a lawyer.

    Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.

    Thanks
    SHL



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  • looneytunezez
    04-23 04:42 PM
    fittan,
    Thanks for your reply.

    But i dont have any application pending with USCIS.
    My I-140 is pending but that belongs to my employer,correct?
    So I am confused if I should use InfoPass or not.

    LT




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  • paskal
    03-03 05:51 PM
    Hello there,
    This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.


    Thank you


    unfortunately though i suspect that the Conrad programs define participants as "physicians" which presumably does not include dentists...how about you check with your state health department?



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  • samcam
    05-19 10:48 AM
    Welcome to our newest member jmehta..

    3868 and counting!!




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  • avi101
    07-11 11:29 AM
    Well said, logiclife. But from what I know, such employers just open up another company, not in their name, but their spouse or sibling or such and operate behind the scenes until its safe to come out. Other strategies they employ, send payment checks to employees old address on file knowing for sure that its gonna come back thereby delaying the process more.

    The other side to the coin is that many times benching is an unholy marriage of convenience between the employer and employee. Employee does not want to go back and does not want H1 revoked and stickes a deal with employer. So its not always the employer at fault.



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  • pappu
    12-05 12:22 PM
    If anyone stuck in greencards namechecks wants to contact ACLU about it to include GC namecheck issue in it, they can do so.

    Here are the contact details:
    NADINE STROSSEN1
    President of the ACLU
    nstrossen@nyls.edu
    ===================
    Their general feedback form
    http://www.aclu.org/contact/general/index.html
    ============
    You can search for your local ACLU contact:
    http://www.aclu.org/affiliates/

    ACLU Immigrants rights project E-mail - immrights@aclu.org




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  • s416504
    08-29 01:59 PM
    justusa,
    You have voted for receipted after 29th Aug From Texas (SRC).
    How is that possible on 29th Aug ?



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  • FRUSTRATED
    07-07 03:00 PM
    The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.

    I owned business and had state and federal licenses when I was on F-1.

    And very frankly if you have any innovative ideas are an entrepreneur immigration and visa is the last thing you should worry about. There are many ways to to that and if you have a trustworthy citizen or GC holder as a partner it is very easy. just concentrate on your ideas and plans. contact a lawyer, do some reading of IRS pubs, and immigration law.

    I am an entreprenur myself and I wish you very good luck and success.


    Please consult an immigraiton attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.

    My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.

    Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.

    Morph




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  • go_gc_way
    06-20 03:06 PM
    I think too that it may not become current.

    But with new year Quota released in Oct (October?), how much it will move forward?

    --> 2003 March ? or 2004 Jan?

    When Retrogression introduced last year, for India the PD if I remember correctly was in 99 which now has moved to 2003 Jan, this I think because of addition of unused numbers?

    Why would it not move an year by October this time , yes gravity of the situation .. please explain more clearly with numbers.

    Thanks in advance for looking in to my request.



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  • pnagar
    05-16 10:32 AM
    My $100..

    Paypal ID #8BB01536AL566510N



    Thanks




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  • Legal
    08-03 12:23 PM
    Sounds like a good idea.



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  • SeanDell
    06-02 09:29 PM
    Hi,

    I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:

    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    I would highly appreciate the replies.

    Thanks.

    Hi......Can any of the lawyers please shed some light on this?




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  • sidd_k2002
    02-11 07:46 PM
    eyeswe:
    Thanks for your detail explanation. I dont have any siblings in India, and i am an alone child. Regarding my savings, i have been a full time employee of the company for which i work since i was on my CPT and now as i am on my OPT. Now the question to me is that since i have about 16k dollars in my saving account right now, should i sponsor them based on my OPT or should i just remit all the amount back to india back into my fathers account, and ask him to self sponsor him.
    I have heard that the visa officer does ask you about the transactions that are fairly big and failry recent ones. Woudnt it create a further doubt if i transfer this savings back to my fathers account, and be in more problem.
    Please Guys , if you can share your advice here, it would be really helpful for me here. I really dont want my parents visa to get rejected the third time.
    Sidd



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  • bbenhill
    03-11 12:32 PM
    Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

    her pregnancy is sometime around 6 months now and they will need insurance..

    Thx for your help :)





    * Coming as H4 --> So, assuming to join a H1 or equivalent.
    * Spouse must be covered by his employer.
    * As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
    * Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.

    Relax.




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  • Shams
    10-24 03:06 PM
    BTW my case was received by NSC on 8/15, and so was my wife's. Her EAD card status still says "Case received and Pending".




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  • puskeygadha
    06-02 09:11 PM
    there is no 10,000 source but i heard people say that..
    are you also their client..are you audited..my audit is on business
    necessity and recruitment..

    does this mean we are screwed...or will they do something..they are
    big law firm..why would we suffer when one lawyer in the big firm makes
    stupid mistake




    n4nature
    02-05 11:59 AM
    Hello,

    I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

    Or is there any other combination, that would help approve labor in EB2?

    I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

    Thanks in advance for all your insights.




    njdude26
    04-07 11:10 AM
    Are they now allowing to get a H1/H4 stamping done in Canada instead of going back to home country ?



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