Saturday, June 11, 2011

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  • akkakarla
    09-06 06:46 PM
    Lou Dobbs is criticizing against the STRIVE act and saying that doubling the Employment based immigration will flood the market and will effect the middle class in america.




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  • shana04
    01-26 12:25 PM
    I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???

    Can someone please confirm.

    yes, that is correct




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  • mrajatish
    07-02 09:58 AM
    Stop replying to this guy - focus on something more meaningful.




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  • yabadaba
    05-25 08:21 AM
    SA 4114. Mr. GREGG (for himself, Ms. CANTWELL, Mr. ALEXANDER, and Mr. BOND) submitted an amendment intended to be proposed by him to the bill S. 2611, to provide comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:


    On page 345, between lines 5 and 6, insert the following:

    (e) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--

    (1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and

    (2) by amending subsection (e) to read as follows:

    ``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--

    ``(1) DIVERSITY IMMIGRANTS.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.

    ``(2) IMMIGRANTS WITH ADVANCED DEGREES.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''.

    (f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--

    (1) in subsection (c)--

    (A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)'';

    (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

    (C) by inserting after paragraph (1) the following:

    ``(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING.--

    ``(A) IN GENERAL.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).

    ``(B) ECONOMIC CONSIDERATIONS.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.'';

    (D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and

    (E) by amending paragraph (4), as redesignated, to read as follows:

    ``(4) MAINTENANCE OF INFORMATION.--

    ``(A) DIVERSITY IMMIGRANTS.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).

    ``(B) IMMIGRANTS WITH ADVANCED DEGREES.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and

    (2) in subsection (e)--

    (A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)'';

    (B) by redesignating paragraph (3) as paragraph (4); and

    (C) by inserting after paragraph (2) the following:

    ``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:

    ``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.

    ``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.

    ``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--

    ``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and

    ``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection

    [Page: S4975](c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''.
    (g) Effective Date.--The amendments made by subsections (e) and (f) shall take effect on October 1, 2006.



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  • vin13
    12-11 04:36 PM
    Since the AP application is over 90 days pending, you may be eligible to discusss with the customer service. If you do not get good answer, you may be able to schedule an infopass.

    We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.

    But not sure if they would give out information to the applicant's spouse




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  • validIV
    03-25 12:13 PM
    Donno what to experiment on this market...wether to try in related techologies or WAIT?

    Wait for what? You are technically out of status being unemployed for 4 weeks. Talk to an immigration attorney to find out what your choices are.



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  • kshitijnt
    03-04 05:05 PM
    congrats buddy. Atleast some good news in a string of bad ones :)




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  • paskal
    06-02 10:28 AM
    Do not trust what the consulate website says

    In 2001 i had my passport renewed in NY
    they insisted...and were adamant...that it had to be 11 mnths to expiry not 12 mnths...it makes no sense but they don't care.
    they also don't care what the web site says.
    i was told that if i wanted to travel i could get a temporary passport, since mine was full...and btw it was damaged (old, overused and beginning to come off at the sea...which is why i wanted a new one) so i would pay a large penalty, and a mnth later when i returned a could again apply for a new passport since it would be 11 mnths to expiring.

    make sense if you can!

    Chicago has similar idiosyncrancies. They don't provide all the services they list on the web site. They also do not care what the web site says. Call and you will be in an endless spiral of people saying different things and not really wanting to talk to you.



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  • msp1976
    05-19 04:34 PM
    Any thoughs folks???




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  • GCnew
    06-13 03:30 PM
    I may be wrong but I think the 180 day rule does not work anymore. USCIS has published a timeline for name check (for e.g., if you name check has been pending for say 1 year, it will be clearde by a certain date).

    My understanding is that USCIS is no longer approving cases if the name check has not clearesd. So you might have to wait for new timeline before it gets approved.

    Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)

    Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.



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  • raysaikat
    12-19 12:18 PM
    I came here with my dad and mom. My dad's I-485 was denied because his I-140 was revoked. He appealed but it was dismissed. With the principle application denied, everything for me and my mom was also denied. Because I was just a child I really had no idea what was going on. However flipping through all the family documentations I don't see any deportation orders, I only see something that says we no longer has a valid non immigrant status and the district office has jurisdiction over issues of departure.
    So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant?
    Under what VISA did your parents enter US in the first place? When I-485 was denied, was the VISA based on which they had entered still valid? If yes, how long was it valid afterwards? What was your own VISA when you entered (even if you were a child, you would have your own passport and a dependent VISA)?


    Am I deport-able? Am I visa overstayed? Since I did came here legally.
    and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
    I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.




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  • abhishek101
    06-02 08:37 AM
    I got my H1b Renewed till July 2009 with a passport expiring in August 2006. I submitted my application in March 2006. So there is no issue relating to expiry of passport while applying for H1B.

    Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.



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  • cherish37
    11-05 04:38 PM
    Finally, case shows up this morning with notice date Oct 9th. However, physical notice was not received. Does anyone know how to request a copy of the receipt? Thanks.




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  • amitjoey
    05-16 01:02 PM
    IV NEEDS MONEY to pay for all the resources. IV Core has spent thousands of dollars from their own pockets to fly back and forth from DC and other activities to lobby for all of us. Please keep in mind that apart from paying the lobbyist (top $$$$). IV has other expenses like maintaining this website, paying for related expenses. CONSIDER CONTRIBUTING ATLEAST A LITTLE AMOUNT.



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  • simple1
    10-07 03:36 PM
    Enlighten us about your mutiple company stint in L1B visa.

    My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india

    Hi,

    I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.

    Is there any way that i can take legal action against this company in US because from last one week
    they are harrassing my like anything.

    Please let me know if anyone come across in this situation.




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  • satyasaich
    09-08 01:03 PM
    Surely great job.
    i hope all these sincere efforts will result in a win-win situation

    wonderful job


    Satya



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  • styrum
    02-13 11:50 AM
    Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM!

    http://online.onetcenter.org/help/online/zones

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
    (if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)




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  • abheja
    08-25 04:59 PM
    Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?




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  • stucklabor
    02-24 05:21 PM
    Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%

    That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!

    Am I reading it right?

    I believe that the visas made by cannibalizing EB1 and EB2 will go to the EB unskilled worker category. It would be terrible if the quota is not increased, if advanced degree+3 year people are still subject to the quota, but if the visas are reallocated.




    chanduv23
    09-04 06:50 AM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    Once you get your green card, you are supposed to go work for the company who applied for your green card or work in a same or similar job. So it is good to have a job offer in hand. Talk to an Attorney on what are the potential questions at POE as you have been out of the country for a long time.




    GCard_Dream
    12-01 11:13 AM
    I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)


    The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.



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