Wednesday, June 8, 2011

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  • r_mistry
    01-18 11:44 AM
    Friends,
    How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???

    I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.

    Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?

    Many thanks for your input on this.





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  • Circus123
    01-09 03:43 PM
    "I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."

    EB3 quota is like a spoon of rice from a bag of basmati :))





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  • dixie
    11-06 04:43 PM
    It doesnt matter whether the clients of the employer are for-profit or not (obviously). The only thing relevant is whether or not the organization for which your wife will work is classified as not-for-profit.

    My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.

    I was wondering if I could use the Heallth care angle for the H1b Non Cap





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  • WaitingForMyGC
    01-23 10:53 AM
    They don't mean anything..no dates ever meant anything to USCIS. :-)



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  • hebron
    08-10 10:15 AM
    Suggestions....anybody? ^^^^





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  • ksairi
    08-16 02:41 PM
    --------------bump--------------



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  • chanduv23
    11-06 10:08 AM
    I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)

    Air India (direct Mumbai to JFK) is Rs 70,000 INR and Jet Airways is giving promotional offer rs 47,000 INR in January 2nd week, which is peak season.

    Lufthansa, Emirates, KLM are all in Rs 57,000 to Rs 65,000 INR range.

    Only thing we are worried about is connecting in Burssels, I guess that should be fine if we ask for a wheelchair.

    Thanks for all your inputs.





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  • bkn96
    02-18 02:09 PM
    oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...

    so, this is real cool... thanks for sharing your info...

    My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.



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  • jayleno
    12-12 12:56 PM
    If the reason for the denial is the company financial situation and not been audited, I dont know how EB3 will solve the problem. Are you already being paid the amount they specified in the LC?
    I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.

    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!





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  • Anders �stberg
    June 16th, 2005, 11:07 AM
    Thanks for your comments! I'll see what I can do to lighten the second one up a little bit more. Please feel free to experiment if you like.

    EDIT: OK, I've lightened the mid tones a bit, hopefully there's some detail visible in the feathers now. I don't want to make it too light though. Black feathers are difficult...



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  • vadik78
    03-01 12:45 PM
    Hi,

    I saw immigrationvioce discussions on immigrationportal.com and decided to visit the site to obtain additional information regarding the community. I was trying to find a bullet-point list of immigration voice goals/priorities, however i did not find one.

    I am not sure if I missed it or it just does not exist. If it does not exist, maybe it is a good idea to publish the list in the "about us" section or in the FAQ sections. I noticed that there was some info available in the about us section, however it was quite generic.

    What I was thinking is that it would be a good idea to publish short-term and long term goals in a fairly detailed format, for example:

    Short term:
    1) Fight name check delays:
    1a. educate the congress about name check delays
    1b. ask the congress to implement service requrements for name check processing (i.e. 6 months completion for X%, respond to name check inquiry for name check pending for more than 6 months within Y days/weeks, etc)
    2) Fight retrogression:
    2a. Educate the congress about restogression
    2b. Ask the congress to re-capture unsused visa numbers
    2c. Increase visa allocation for EB categories

    I think that such information would be good for new/potential members.





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  • acecupid
    08-23 04:33 PM
    Receipts received on Aug 21, for I-485, I-131 and I-765 for application sent on July 16th :D



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  • pappu
    09-23 09:45 AM
    We need help from volunteers on this forum to add links in Wikipedia.
    I added IV on the indian american page in wikipedia but it was deleted. could more people try to do it. Pls dont edit several pages at one time. the system, considers it as a spam and deletes all. It happened with me so I am urging other people to pitch in.

    http://en.wikipedia.org/wiki/H1B_visa
    pls add content about IV in the immigration section and add IV links.
    ----

    H1b page (says a lot of things against this visa). we need to write some issues h1b visa holders face when the apply for green card
    http://en.wikipedia.org/wiki/H1B_visa
    ---------
    http://en.wikipedia.org/wiki/Immigra..._United_States
    need IV link and detail here
    --------
    http://en.wikipedia.org/wiki/Chinese_American
    chineese members pls update this page with IV link
    ===
    http://en.wikipedia.org/wiki/United_..._Resident_Card
    green card.
    talk about EB green card issues
    ===
    http://en.wikipedia.org/wiki/U.S._Ci...ation_Services
    uscis
    talk about delays and broken system

    if you come across other pages related to immigration pls go ahead and add IV links.

    Thanks for your help.





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  • conundrum
    03-25 08:41 PM
    Took Emirate last month. the overall experience was good. Missed my flight from Dubai as the flight from JFK had to be de-iced. But Emirates arranged for my stay at Dubai and also got me a transit visa... so can't complain :) .

    But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.



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  • Blog Feeds
    02-25 07:20 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhGQNdWGmBtZgX6k0g3h7WIJdALuhcaPguj7gzk8hQSnev_c0W4GfDMMZjIzwYak7OrtQrBWbcp_c9tQ7-fWd6HxdVBBq-tE56mJY66HmdMAW7UyfM5yi-JMXEOTqBSvyj8P622kDuvlgA/s320/2010-02-23+Magnifying+Glass.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhGQNdWGmBtZgX6k0g3h7WIJdALuhcaPguj7gzk8hQSnev_c0W4GfDMMZjIzwYak7OrtQrBWbcp_c9tQ7-fWd6HxdVBBq-tE56mJY66HmdMAW7UyfM5yi-JMXEOTqBSvyj8P622kDuvlgA/s1600-h/2010-02-23+Magnifying+Glass.jpg)
    By Eleanor Pelta, AILA First Vice President


    The latest salvo in the war against H-1B workers and their employers (and this time, they�ve thrown L-1�s in just for fun,) is the Economic Policy Institute�s briefing paper by Ron Hira, released last week, which concludes that the practice of using H-1B and L-1 workers and then sending them back to their home countries is bad for the economy. While Hira�s findings are certainly headline-grabbing, the road that Hira takes to get there is filled with twists, turns and manipulations and simply lacks real data.


    Hira starts with the premise that some employers use H-1B�s and L visas as a bridge to permanent residence, and some employers use those categories for temporary worker mobility. (His particular political bent is belied by his constant usage of the term �guest-worker status��a term that brings with it the politically charged connotations of the European guest worker programs for unskilled workers�for the practice of bringing H-1B�s and L�s in to the U.S. on a temporary basis.) After examining his �data,� he divides the world of employers into two broad categories:


    � Bad guys (generally foreign employers, no surprise, or U.S. employers with off-shore companies in India) that bring in H-1B and L workers for temporary periods, exploit them, underpay them and send them home after they get training from the American workers whose jobs they will outsource when they return home
    � Good guys (U.S. corporations �Hira uses the more genteel label, �firms with traditional business models�) that bring H-1B and L workers to the U.S., pay them adequate wages, and sponsor them for permanent residence, thereby effecting a knowledge transfer to American colleagues that is good for the economy


    Hira�s tool, a statistic he calls �immigration yield,� is simply a comparison of H-1B and L usage and the number of PERM applications filed by the highest users of those visas. He essentially concludes that because the highest users of H-1B�s and L�s are Indian consulting companies, and these companies have only a minimal number of PERM�s certified, they are using H�s and L�s as cheap temporary labor. He is unable to explain away the high number PERM filings of one of the IT consulting companies, and so he addresses this anomaly by saying �part of the explanation might be that it is headquartered in the United States.�


    There are too many things wrong with this analysis to list in this blog, but here are a just a few ways in which Hira�s study is problematic:




    Hira�s clear implication is that companies that don�t sponsor H-1B�s and L�s for PERM are using these workers instead of more expensive American labor. He ignores that fact the H-1B program has rules in place requiring payment of the prevailing wage to these workers. But even worse, he has not presented any data whatsoever on the average wages paid to these workers. He also doesn�t address the expense of obtaining such visas. He simply concludes that because they are here temporarily, they are underpaid.



    Hira makes the argument that companies who use H-1B and L workers as temporary workers generally use their U.S. operations as a training ground for these workers and then send then back to their home countries to do the job that was once located here. Again, this assertion is not supported by any real statistical data about, or serious review of, the U.S. activities of such workers, but rather by anecdotal evidence and quotes from news stories taken out of context.



    With respect to the fact that the L-1B visa requires specialized knowledge and so would normally preclude entry to the U.S. for the purpose of gaining training, Hira cites and outdated OIG report that alleges that adjudicators will approve any L-1B petition, because the standards are so broad. Those of use in the field struggling with the 10 page RFE�s typically issued automatically on any specialized knowledge petition would certainly beg to differ with that point.



    Hira clearly implies that American jobs are lost because of H-1B and L �guest workers,� but has no direct statistical evidence of such job loss.

    The fact is that usage of H-1B and L visas varies with the needs of the employer. Some employers use these programs to rotate experienced, professional workers into the United States and then send the workers abroad to continue their careers. Some employers bring H-1B�s and L�s into the U.S. to rely on their skills on a permanent basis. Judging from the fraud statistics as well as DOL enforcement actions, the majority of employers who use H-1B workers pay these workers adequate wages and comply with all of the DOL rules regarding use of these workers, whether the employers bring them in for temporary purposes or not. By the same token, the minority of employers who seek to abuse H and L workers may well do so, whether they intend to sponsor them for permanent residence or not. Indeed, arguably, the potential for long-term abuse is much worse in the situation in which a real �bad guy� employer is sponsoring an employee for a green card, because of the inordinate length of time it takes for many H-1B and L workers to obtain permanent residency due to backlogs.


    Hira does make that last point, and it is just about the only one we agree on. Congress needs to create a streamlined way for employers to access and retain in the U.S. foreign expertise and talent, without at 10-15 year wait for permanent residence. But our economy still needs the ability for business to nimbly move talent to the U.S. on a temporary basis when needed, or to rotate key personnel internationally. In a world where global mobility means increased competitiveness, Hira�s �statistics� simply don�t support elimination of these crucial capability.https://blogger.googleusercontent.com/tracker/186823568153827945-6000198492670312275?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/epis-latest-study-of-h-1b-and-l-usage.html)





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  • gc_in_30_yrs
    11-21 06:59 PM
    In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?

    "Premium GC processing" will work as follows:

    Pre-processing Condition/Base Rules:
    If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....

    ...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!

    USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..

    Premium Paid GC - Few base Rules:
    Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:

    1. Pre- adjudicated:
    Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability

    2. Income Tax & W2�s:
    Applicant pays Income Tax, files W2�s for say 3-4 years

    3. EAD�s more than 3:
    I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years

    4. Check Legal entry in USA:
    Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA

    5. Security Threat/Name Check:
    Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?

    6. FP:
    Finger Printing at least once (NOT over by 15 months etc..)

    7. Biometric:
    I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time

    8. H1B/H4 extensions:
    I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)

    After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.

    I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
    Just kidding. I like your analogy.



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  • gc28262
    03-26 09:28 PM
    I never heard this? Any references to confirm this?

    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

    The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

    http://smithgarg.com/article-overcoming-violations.aspx

    Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.





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  • tammigaw
    02-14 05:10 AM
    First i would like to thank all of them for providing me invaluable responses and support.


    Since i work as a independent contractor i am not sure if i can complain to DOL.

    I greatly appreciate if any one who went through this process can provide me a referral to a reasonable lawyer based in NJ in terms of fee and services .


    Thanks a lot and god bless you all.





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  • teddy the dog
    07-21 11:58 AM
    I heard gossip that the USCIS agentssss (4 s because a lot of agentssss) specially delivered the GC document to his house. That is why our receipt and backlog still not clear (they too busy).;) But don't worry they know IV will protest this discrimination, so they will work really hard to help us too.:D





    Escape_Velocity
    09-23 07:57 PM
    You can join the new employer either on H1 or EAD, though keep in mind both these options are mutually exclusive...





    jungalee43
    01-14 02:52 PM
    You asked for any news at all and here is update posted today on immigration-law.com

    "01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline

    Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
    As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."

    Hope you feel relaxed for the day



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