Thursday, June 30, 2011

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  • agiridhar
    05-14 08:23 AM
    When the tech companies/competeamerica.org are bragging that retrogression is anti competitive and severely constraining the growth of the techies/employees, why can�t an antitrust lawsuit stand good in US courts?

    Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.




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  • lost
    07-21 09:32 AM
    Hi,
    I got appointment letter for Biometrics from USCIS. I already gave in 2007.
    Why are they asking again? and I only got this, my husband and son didn't get it.

    Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.

    Thanks

    You are the primary applicant and not working? Is this ok?




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  • Blog Feeds
    07-09 12:30 PM
    AILA Leadership Has Just Posted the Following:


    Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.

    The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.

    We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:

    It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:


    An economic analysis commissioned by the U.S. Chamber of Commerce
    concluded that the net societal costs of the program would be $10 billion a year
    � a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:


    A 2007 independent evaluation of the program commissioned by DHS found that
    the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
    the requirements for �accurate verification.�



    SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
    the databases were not improved, SSA database errors alone could result in 3.6
    million workers a year being misidentified as not authorized for employment.
    This would result in 6 out of every 100 workers having to visit an SSA office to
    correct their records or lose their job.

    It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:


    Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
    in nearly 13 percent of all workers being initially flagged as unauthorized for
    employment. All of these workers were cleared by Basic Pilot/E-Verify as
    work-authorized, but only after �significant investment of time and money�
    and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!

    https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)




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  • roseball
    01-27 04:28 PM
    Immigration & Winning the Future | The White House (http://www.whitehouse.gov/blog/2011/01/27/immigration-winning-future)

    I quote:
    "We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."

    Any idea what they are talking about in terms of backlog reduction?

    Cases waiting for visa numbers are not considered as backlogged. USCIS only terms cases pending processing as backlogged cases.



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  • pan123
    12-29 05:53 PM
    Hi,

    I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.

    I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?

    Or shall I wait until I gets H4 approval and they apply for H1B.

    Please help me on this.

    Thanks,




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  • s_r_e_e
    08-25 10:43 AM
    had same issue when i applied, last july. Attorney said H4 receipt missing shouldnt be a problem.



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  • cest la vie
    01-30 08:53 AM
    Sorry, but I didnt understand what you meant when you said "if i'm not upfront with my visa". Could you please explain me that part?
    thank you very uch for your attention.




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  • Siddhartht
    07-26 02:37 AM
    Hi All

    I am on L1 visa , i will be getting married in dec-2009 . i want to apply to l2 visa for my wife. i see marriage certificate is required to apply for L2 visa .can't i apply for l2 visa & show the marriage certificate at consulate ?

    Please advise . i want to get my wife along with me after marriage



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  • chaukas
    06-18 12:39 AM
    I haven't filed 2006 return yet. does it matter ?




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  • 485user
    11-19 10:14 AM
    Hi,


    I need small help, how did you re-file? do you have checklist or procedure kind of stuff. So that i will talk to new lawyer with all these info.

    Please reply back.


    Thanks
    your friend



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  • vaishnavilakshmi
    10-16 02:04 PM
    I have a question regarding I-485 finger prints. Can I goto local USCIS office for fingerprints without original FP notice. I have a copy of the FP receipt notice sent by my lawyer by e-mail.

    Thanks in advance.

    Hi,

    If u have not recieved ur original fp notice and if lawyer recieved the courtesy copy of ur fp notice,u can take that print and attend ur fp appointment as scheduled.I did not recieve my fp notice by mail,but went and attended successfully my fp appointment with lawyer's copy.Just take passport and ur driver's license for photo identity.(passport only for safe side).

    goodluck,
    vaishu




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  • anoop4real
    11-23 10:13 AM
    Anoop - dont worry about it and ask your company to reapply with a stronger educational valuation. Everything depends on the educational valuation report submitted along with the application.

    Request for a stronger educational evaluation and request them to reapply.
    Thanks for the reply,
    My visa petition went to RFE first and when I enquired my employer they said that the consulate asked for education evaluation report and they have send it, but they didnt show me what they have send and unfortunately this years quota seem to be over, I have to wait for some more time :-(

    -Anoop



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  • anyluck?
    06-19 02:36 PM
    Thanks for the reply.




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  • willIWill
    05-18 11:13 AM
    USCIS and Department of State's Bureau of Consular Affairs Co-Host National Immigration Conference in Washington

    WASHINGTON�The U.S. Department of Homeland Security�s U.S. Citizenship & Immigration Services (USCIS) and the U.S. Department of State�s Bureau of Consular Affairs are co-hosting an interagency National Immigration Conference at the U.S. Capitol Visitor Center from May 17-19, 2010.

    Over 200 congressional staffers from across the country will attend the conference to learn more about how USCIS and the U.S. Department of State work together in assisting congressional offices and their constituents. Keynote speakers include USCIS Director Alejandro Mayorkas and Assistant Secretary for the Bureau of Consular Affairs Janice L. Jacobs.

    �Each and every day we work with Members of Congress and our partners in the Department of State to address challenging immigration cases and issues,� said USCIS Director Alejandro Mayorkas. �We deeply appreciate the Congressional offices� participation in this week�s conference, which provides us all with the opportunity to discuss how we can better serve the public.�

    Speakers from USCIS, the Bureau of Consular Affairs, U.S. Immigration & Customs Enforcement, U.S. Customs & Border Protection, and the Federal Bureau of Investigation will speak on a range of topics including immigration systems; citizenship and naturalization, humanitarian parole, intercountry adoptions, international child abductions, emergency assistance for U.S. citizens, and employment based visas.

    USCIS - USCIS and Department of State's Bureau of Consular Affairs Co-Host National Immigration Conference in Washington (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=823c11fd267a8210VgnVCM100000082ca60aRCR D&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190a RCRD)



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  • Devils_Advocate
    05-07 01:10 AM
    As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.




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  • Onesimus
    02-26 02:20 AM
    @NyteStarNyne & Kirupa : Thanks :)



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  • longwait4gc
    09-28 08:20 PM
    I am EB2, Indian. Filed for PERM earlier this summer and waiting for approval which I don't expect for another 4-6 months. The situation is that my company is in a very shaky financial position but they have been very supportive and I am hoping to be okay for the next 6 mo to year. My strategy is (assuming I don't lose my job) to just sit out my I-140 approval and that way I get the 3-yr extension and lock in my PD. I don't see being able to file for I-485 at this job.

    Soo -- 2 questions:
    1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
    2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?

    Thanks very much!
    For question 2: Answer Yes.
    If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.




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  • anilsal
    01-14 12:10 PM
    Please meet the lawyers and get their opinion. If all of them say the same thing, then that is the option. If they have differing opinion, then check back via immigration forums.

    Most of the folks at IV have applications based on employment and not based on marriage. So you may not get good answers.




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  • Abacus101
    05-12 07:48 AM
    I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.




    sashram97
    09-15 03:21 PM
    Hi,
    I-485 filed in july 2007. I-140 cleared in 2005.
    We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
    But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
    How do we proceed with this? Do we have to file labor again?
    Any suggestions would be really appreciated.




    golgappa
    11-17 04:59 PM
    talk to some lawyers, or research internet, there are some number of days, after your visa expiry or H1B rejection that you need to pack and leave...find out if that applies to your case..

    also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..



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