Friday, June 17, 2011

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  • vinabath
    04-22 03:40 PM
    As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )

    So how can the processing date be July 11th !!

    It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin they should not be processing any case that was filed when PDs were not current during that brief time slot (2nd - 17th of july).

    If indeed people did continue to file their papers even after July 2nd (and some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....

    That means they do not have any applications that were not processed before July 11th based on current visa bulletin Priority dates.




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  • thepaew
    11-09 03:37 PM
    Bump




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  • H1B-GC
    08-14 04:51 PM
    A Call from DOL to your Employer is enough to start coughing all the Money he owes you. Make sure you have all the paper Trail as Evidence -Emails,Fax and etc..




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  • GCard_Dream
    06-29 03:58 PM
    It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.

    I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).

    This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.

    As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.

    The copies are wothless to you if you leave the company anyways, before you get an EAD.

    Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.



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  • logiclife
    12-20 07:00 PM
    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!

    Nonsense.

    Their 485 got approved by mistake by USCIS, even though their dates were not current. It has happened in few cases since July, when non-current 485s have been approved.

    Sending an expedite request for 485 would not work if the date was not current. If it worked, everyone and their brother would find the neccesary emergency that is needed to get 485. Financial loss for individual or company as an "extreme emergent" situation is not uncommon and not hard to prove.

    She is pulling wool over everyone's eyes because she thinks that her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was".

    That's really cute. But the reality is, that 485, if it got approved, got approved by mistake and she should stop worrying and dissembling information as no one is on a crusade after her or her husband and people have their own problems.




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  • pappu
    01-14 07:24 PM
    There is also a hearing scheduled for this
    http://judiciary.house.gov/oversight.aspx?ID=403

    This is all because people affected by it worked hard to get relief.

    See the report from National Immigration Forum:
    House Immigration Subcommittee to Hold Hearing on Naturalization Backlog

    Last year, USCIS received a near-record number of naturalization applications. There were a number of reasons for this. The climate towards immigrants has become hostile in the last few years, and obtaining citizenship offers a measure of protection from possible changes to the law that might make life harder for legal residents. There is also an unprecedented drive to help immigrants become citizens in the Ya es hora campaign, now being conducted by the National Association of Latino Elected and Appointed Officials, the National Council of La Raza, the We Are America Alliance, Service Employees International Union, and their regional partners. In addition, USCIS proposed and implemented a record fee increase for naturalization, raising the price from $330 to $595.

    In the two months prior to the fee increase, USCIS received about as many naturalization applications as in the entire previous Fiscal Year—700,000. In all, there were approximately 1.4 million applications in the Fiscal Year that ended in September 2007. Although it was expected that the fee increase would produce a surge in applications, and although advocates had kept USCIS apprised of the Ya es hora campaign, USCIS was not adequately prepared for the volume of work it received.

    Only recently has USCIS finished sending receipts to applicants who submitted their applications in June and July. USCIS says that there is now an 18-month backlog in processing those applications. In other words, if USCIS does not successfully address the problem of the current backlogs, immigrants who applied to be citizens back in July of last year may not be able to vote in the upcoming national election.

    This problem will be the subject of a hearing in the House Immigration Subcommittee on January 17th.

    Sign-On Letter Regarding Naturalization Backlogs

    The Illinois Coalition for Immigrant and Refugee Rights has drafted an organizational sign-on letter urging USICS to take whatever steps necessary to expeditiously eliminate the backlog. Deadline for signing on is Wednesday January 16 at 1:00 PM Eastern Time (Noon Central, 10:00 Pacific). For the text of the letter and sign-on instructions, see below.



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  • Berkeleybee
    04-08 01:29 PM
    I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:

    Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development

    It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.

    Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.




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  • gk_2000
    11-02 07:58 PM
    gali gali mein phirta hei
    tu kyu banke banjara

    aa mere dil mein bas ja
    mere nagrik awara



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  • mmanurker
    10-17 03:36 PM
    Payroll tax is same as employer tax. There are 2 or 3 components of the taxes that employer pays such as Social security ( employer portion), unemployment tax, Medicare ( employer portion)

    also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings

    Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.




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  • WeldonSprings
    01-29 09:14 PM
    E-Verify was a bargaining chip for Senate Democrats against Senate Republicans.

    What happened was - When Senator Menendez from NJ (Dem.) floated the Visa Recapture Bill; he said that he and other Dems will only support Permanent extension of E-Verify a bill designed to extend it for four additional years; if the Senate Republicans support Visa Recapture Bill.

    But the Visa Recapture Bill didn't happen.
    So, E-Verify also didn't happen.


    However, as a Last Minute "ideal gift" from the Great President Bush to all Legal Immigrants; he issued an Executive order to extend E-Verify till March 06, 2009.
    Therefore, E-Verify is active today in the system.

    Now, House and Senate Republicans want to permanently extend E-Verify after March 06, 2009; especially the antis and yes NumbersUSA.So, they added this amendment to extend E-Verify for additional 4 years in the Stimulus Bill that passed this Wednesday.

    However, the Stimulus Bill has to pass the Senate to become law. Thus, permanent extension of E-Verify has nothing to do with giving Stimulus money to only legal immigrants. It, is just that two immigrant hating politicians added the clause to the bill; in the hopes of seeing it pass. But IT SHOULD FAIL!!!





    How is e-Verify going to affect legal immigrants ?



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  • WeldonSprings
    01-29 12:40 AM
    Guys,

    I had to open a new thread to get your attention to this. But it seems that the House Stimulus Bill passed this evening contains the 'E-Verify' . Incidently, when Sen. Menendez introduced the Visa Recapture Bill last year, he held the republican's at bay by not passing E-verify in the senate. If, E-verify is passed in the senate, then we will loose an important bargaining chip for visa recapture bill of any kind. Please read the info. below. You can also google e-verify house stimulus bill to get the latest.

    Action step is to strip e-verify from the Senate Stimulus bill. Please see below.
    ACTION: Stimulus Bill Includes E-verify Requirement
    January 23, 2009 � 2 Comments

    The House Appropriations Committee made a serious mistake when it approved an amendment to the stimulus bill (the American Recovery and Reinvestment Act of 2009) that would require all businesses and other public or private �entities� that contract to receive money from the stimulus package to use the flawed federal Basic Pilot/E-Verify program. This will not only delay use of stimulus funds, but will hurt millions of workers. It should be stripped from the bill.

    The E-Verify provision in the stimulus will:
    � Harm workers who are either falsely denied work or are targeted by employers abusing the E-verify program;
    � Create substantial new burdens for businesses, especially small businesses, at precisely the wrong time;
    � Send the wrong signal to new voters that the Congress prefers to play politics by enacting symbolic and ineffective immigration �enforcement� measures over serious and effective economic stimulus or serious immigration reform.

    ACTION NEEDED

    1. Call Speaker Nancy Pelosi (head of Democratic Leadership) at 202-225-0100.

    2. Call Chairman Obey (chair of the House Appropriations committee) at 202-225-3365.

    3. Call Democrats who sit on the appropriations committee if you live in their state.

    4. Tell them:
    � You are extremely disappointed that the E-Verify requirement was included on the Stimulus and you want the provision stripped from the bill.
    � Including E-verify in the stimulus package completely undercuts the purpose of the bill and will only be counterproductive for American business, workers and the economy.
    � Real solutions to our economic problems and immigration reform should be approached seriously and separately.
    � The flawed E-Verify program�s database errors will wrongly workers their jobs.

    FAIR (the Federation for American Immigration Reform) just sent out an alert to its very active network to call committee members in support of this provision. We need to counter their calls.




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  • ram04
    04-25 10:13 PM
    I m joining new company by changing H1.


    Too many questions too little input to take decission. Please provide your expertise advice.

    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?

    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    -What are the docs to be collected from old employer?
    -Can I retain same lawyer for GC while H1 is taken care by new company lawyer?

    Guys - I m running out of time and got to respond to new company soon.

    Please provide your inputs.

    -Gc04
    July 07 filer
    Chicago state Chapter



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  • alex99
    06-28 03:12 PM
    As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.

    Sample Format:

    DATE

    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508


    Re: Immigrant Petition for Alien Worker
    Petitioner: XXXXXXXXX
    Beneficiary: XXXXXXXXX


    Dear Sir/Madam:

    This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.

    He will be managing XXXXXXXXXXXXX(according to Labor approval)

    It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.


    Yours Sincerely,




    XXXXXX
    XXXXXX




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  • svm
    03-09 11:53 PM
    . I had the same. you should be getting an Interview at the local office soon(in one or two months time). They want to verify something regarding your case. In my case it was the missing vaccination document



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  • zCool
    05-21 03:06 PM
    Well i dont think thats true that it is must that i have to send the AC21. Like i can always get the employment letter from my employer who sponsered me for my green card. All i was asking was that IF I DO GET THE EVL RFE (I HOPE NOT) then in that instance what i am suppose to do? Get a letter from my current employer or the employer who sponsored me for green card?

    You have to get it from your prospective permanant employer. If you have intention of working for your past employer after you get GC, that would be it,
    If you've made decision to work for your current employer on Permanant basis then that would be it..
    It's not good or bad.. just keep it simple




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  • Desertfox
    10-30 10:04 PM
    Lawyer? So, You don't believe what was posted on USIS website?

    I find it wise to pay my lawyer to find the correct information for me.... be it from USCIS website or from her professional knowledge base. Believe it or not, I trust a qualified professional more than myself when it comes to a subject outside of my expertise...:D



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  • actonwang
    06-16 02:05 PM
    it sounds like PD is a MUST for approval but for actual processing order , as in backlog queue, it seems purely by luck :(




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  • addsf345
    11-13 03:12 PM
    Is tehre is any way for PREMIUM PROCESSING for I485 pending case?
    In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
    I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.

    Along with me my employer is also fed up now:p.
    Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.

    I know there is the way WOM but is there any other way?:rolleyes:

    do a Ph.D. to qualify for EB-1; ask your employer to look in to EB-5 category if he is willing to invest some amount for you;marry a spouse not born in india, china, mexico, philipines or marry a spouse born in US. I don't know any other way.:D:D




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  • sbmallik
    07-02 11:28 AM
    Since this is not the first H-1 you have the option to stamp the visa in Canada / Mexico. However, these consulates cannot evaluate the educational credentials unless they are from that country or USA. Please carry educational evaluations with you. Moreover your valid AP will be a handy backup.




    mbartosik
    09-05 09:09 PM
    So how about a fax campaign in favor.
    That should not be too distracting from rally preparations.

    Specifically we should highlight support for the increase in greencards. Other provision in STRIVE may have more enemies. Lou Dobbs is already all over it.




    immigrationmatters30
    06-04 07:54 AM
    1- how will be the process and how much are the fees?
    --You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
    2- How long does it take?
    Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
    3- Do I have to go back to my home country to get the new stamp for extension?
    After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
    4- Is there any way to renew it in USA?
    No
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    -Not really.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
    7- Is there anything else that my employer and I should know and consider?
    You- Make sure you have real paying job in US with your employer.

    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me



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