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  • bugmenot
    03-29 02:06 PM
    does IV have any new updates on the OPT extension? as far as i know the request has been on to DHS from nov but nothings been done about it?





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  • vivache
    09-21 05:42 PM
    "Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."

    Unintelligent question :).
    What time frame do we expect this to kick in .. if it does?
    (I know you can't give a definite date .. but just curious)

    Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)





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  • av2307
    09-03 03:18 PM
    By the way - harrdr , I'm exactly in the same situation - PD May '08 , I-140 approved and i have a very enticing full time offer from a Major financial firm. But i don't want to jeopardize my chances to get a GC in the next couple of yrs ( given that EB2 dates have moved forward substantially last month).

    Please keep me in loop in case you find anything else about the situation. I'll do the same.

    TIA
    -A





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  • aachoo
    05-02 06:11 PM
    Doesnt matter if the I-94 is only till the visa expiry. There is another I-94 at the bottom of the approved I-797 that ends on the extended 797 date.
    -a



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  • Suva
    01-26 01:22 PM
    You are absolutely right. I have also completely lost the hope about it.

    Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.

    Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.





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  • dpp
    07-11 11:06 AM
    I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.

    Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.



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  • calgirl
    08-07 09:14 PM
    Infopass should be able to get you NC info. It just depends on the IO officer there.
    I had Infopass appointment at San Jose yesterday and the IO officer was very sweet. She told me my NC status.

    Nebraska is not actively processing India EB2 cases.
    Texas - we have no idea what they are processing on .RD/ND//PD.. God knows.. Its random most probably.

    Ideally, if NC has been pending for more than 6 months they should not from approving 485. Again this is luck. !!

    Hope this helps..

    I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.

    The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.

    I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?

    Any idea?

    cheers

    Sidharth





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  • jayleno
    02-01 04:28 PM
    Kumar...if you are joking please put a smiley either before or after you exclamations. Tell me if you are not...I will join right away :). Who in the world doesn't want to become a "star quickly"?? :)

    Start doing AmWay or QuickStar. That is the best thing a person can do !!!!!!



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  • cooler
    07-28 01:00 PM
    This might be a cliche..

    Neither GC nor the Career meet our ultimate end goals

    If you boil it all down, this craziness is driven by three things

    1) Hunger for money
    2) Hunger for Achievement/Recognition
    3) Hunger for materialistic pleasures.

    When you are 65+ years old, I bet none of us would be thinking about GC, Citizenship or for that matter how good the infrastructure in this country is. However I bet we will all be thinking about two things

    1) Financial Freedom/Retirement
    2) A closer and more fulfilling relationship with near & dear ones.

    From what I can remember, I have always wanted to come to the US, enjoy the luxuries of life and escape India. 12 years into this country, none of that joy or excitement remains. What has taken over is planning for an early retirement and peace of mind. To put things in perspective, I am neither approaching retirement nor approaching mid life crisis (I think), I am just 35 years old.

    My goal now is to make my money without sacrificing too much in life, plan out my future and make my way to the beeline. Hopefully the conversion rates wont disappoint us, and I can disappear into the Indian sunset.

    Again, ramblings from a tortured soul.

    Cooler





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  • go_guy123
    02-28 09:53 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.

    Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)

    The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.

    Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.

    These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.




    http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
    http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us



    More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)


    In the era of big government and job growth mainly through increased government payrolls, we will see more of such jobs being "created" and "invented" and in case of the USCIS the costs being passed on in term of increased fees etc.

    Unless US is dragged to WTO over these out of control H1B/ L1 fees this will never stop.



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  • desi3933
    06-25 10:41 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify

    This is one of the biggest myths amongst H1 workers in USA.

    All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.

    There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.

    Please consult a good lawyer before signing any such contract.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com





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  • lazycis
    12-21 01:31 PM
    Here is a shortened version:

    1151
    d) Worldwide level of employment-based immigrants
    (1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
    (A) 140,000, plus
    (B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)

    1153
    (b) Preference allocation for employment-based immigrants
    Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
    (EB-1) Priority workers
    Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
    (EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
    (EB-3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    (4) Certain special immigrants
    Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
    (5) Employment creation
    (A) In general
    Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—

    i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
    If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.



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  • arrarrgee
    07-17 02:20 PM
    Its actually Her...:) Murthy is a She

    Screw Murthy !!! I have never seen him picking up any good news.





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  • gps001
    12-26 04:25 PM
    Thanks for your response. Only NLSUBBU has had some experience. I have seen his messages in some other queries too. But more often, I have seen that people suggest that its better to get a H1-B stamped, just to make sure that you don' t need to renew your AP every year.

    The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.

    Thanks again.

    I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts



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  • raju6855
    02-02 11:04 AM
    Ok, I guess we will do that.

    Thanks much





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  • Lisap
    08-03 12:30 PM
    Libra-

    I apologize for upsetting you- I am not a pro at this just joined yesterday- can you give me a break? Next time I will send you a note to see where you think I should post....



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  • latejunefiler
    07-12 09:50 AM
    Sure.

    Hi Can I send you the latest template based on several suggestion, that you could load it on you website?





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  • vagish
    04-28 12:10 PM
    See the whole thing here : http://www.washingtonpost.com/wp-dyn/content/article/2006/01/02/AR2006010201376.html

    My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are

    1) Present Legally.
    2) Entered LEgally.
    3) Work legally.
    4) Pay their income taxes.
    5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
    6) Play by the rules, file petitions for work permits and for permenant residency.

    Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.

    I once again urge you all to channel your energy to immigrationvoice.org This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now.


    I totally agree we need participation more than anything else and spread the word. I have been sending feelers to friends who somehow don't get it. They pay attention when I talk to them, but then there is no action. Its a shame, but kudos to all of you guys. As for me, I have lined up to meet up with assistants, office staff for law makers from my district and offices from Senators of Washington state. I am working on the logistics to provide my inputs on Retrogression and IV. So far I have heard both of them support immigration reform. I am requesting to meet with them in person, but me and my wife needs to meet with office staff first. Next week will keep you guys posted more.[/QUOTE]

    only legal immigration will have zero support from democrats, since they control both senate and house, it will be virtually immpossible, to get anything in any stand alone bill





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  • pappu
    10-16 04:06 PM
    IV core/pappu,
    You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.

    This effort was done by me and some other members of IV. If you would like to contribute pls go ahead and send emails. All Indian student associations are listed on http://www.garamchai.com/indassc.htm
    YOu can use the tool on
    invite your friends page
    http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
    to send emails
    or use the template on
    http://immigrationvoice.org/index.php?option=com_content&task=category&sectionid=4&id=13&Itemid=36
    resources page - send to a friend letter.

    if you can find a listing of all chineese /international student associations, pls post it on this thread for everyone.
    Thanks for helping and taking action on your suggestion.





    Green.Tech
    07-25 08:51 PM
    No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.

    Good info vxg. Thanks. I am wondering though how come your job duties didn't change when you got promoted from an engineer to a manager, unless I guess you are an engineering manager and not a business development manager? Just curious. :)





    pak
    07-12 08:56 AM
    Please visit

    http://www.congress.org/congressorg/mailapp/

    enter your address to find the senetor of your area.

    Fill up your contact info.

    Paste the templet:

    I am a highly-skilled professional who entered this country legally. I've
    been waiting for my US permanent resident visa -also known as "Green Card"
    for the past several years along with 500,000 other educated, highly
    skilled employment based (EB) immigrants. Many of us have been waiting for
    our turn to get Green Cards for 5-10 years while consistently abiding by
    all the laws of this country. Such long delays are due to tortuous and
    confusing paper work, backlogs due to various quotas and processing delays
    at US Citizenship and Immigration Service (USCIS), other allied state and
    federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers were
    unavailable ("retrogressed") since the fall of 2005. For the past several
    decades, the US Department of State (DOS) has been publishing advisories
    known as visa bulletins once a month to announce the availability of
    immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
    DOS announced that all EB visa numbers would be "current" for the month of
    July. This meant, irrespective of our "priority date" (date assigned to us
    for our turn in the line for Green Cards), all of us were made eligible to
    apply for some interim immigration benefits. This "priority date" refers
    to the date when our labor certification (documentation verifying no US
    citizen worker was available for a given job) had been filed.

    Please note that 6/13 DOS announcement would not have led to immediate
    green card for most of us; but at least it would have ensured us interim
    benefits such as the right to travel and right to work for any employer-
    this was still a welcome change. Especially, for dependent spouses who are
    otherwise unable to work, this would have translated into right to travel
    and work without restriction and thus channel their energies positively.
    Several dependent spouses are also highly-skilled.

    Tens of thousands of applicants spent thousands of dollars in legal fees,
    immigration medical exams & vaccinations & getting various supporting
    documents ready to file our immigrant petitions to USCIS, at times
    inconveniencing our old parents in our home countries as well. It has been
    an agonizing two weeks for us. Some of us to had to fly in our spouses
    from our home countries or have had to cut short business trips. Hundreds
    of millions of dollars were spent by thousands of immigrants in
    preparation of their application. To our shock and dismay, on the morning
    of July 2nd 2007, USCIS announced that EB visa numbers were not available
    and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and
    disheartening experience. These are people that are in the country
    legally, paid taxes and followed all the rules.

    We sincerely seek immediate congressional/ legislative remedial measures
    which would (1)Reduce the enormous backlogs of green card petitions of
    legal skilled immigrants (2)Ensure and request USCIS not to reject our
    immigrant visa petitions filed in July and provide us interim benefits of
    a pending immigrant visa petition. We make this sincere request with the
    hope that people who played by the rules will be rewarded.

    Sincerely,


    XX

    You will receive confirmation from senetor's office.

    Thanks



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