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  • samcam
    05-18 04:08 PM
    As of now, we have 72 guests and 494 members online. I understand that some of the guests are already members and have just not logged in. But this is a call for all the guests who have not registered themselves as members to register and possibly contribute. Registration takes less than 5 minutes. Also as a registered member you have access to a live thread with the commentary from the senate session (which I feel is really awesome!!). So come join the IV registered users and help us increase the member count to 4000+ and enjoy the live senate session commentary!

    Here is a link to the senate session commentary thread...

    http://immigrationvoice.org/forum/showthread.php?t=873


    Here is the link to register..

    http://immigrationvoice.org/index.php?option=com_vbridge&Itemid=41&file=register.php

    Why should you register?

    Simple reason, you get access to the members only forums.. Very informative.. Also, only way to help yourself is by helping a bigger cause.. come join us and contribute!!

    I have attached a screenshot of the members only forums... Take a look!





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  • rajenk
    02-11 03:57 PM
    I-485 RFE details.

    Needed evidences:

    1. 2 Passport size photos in USCIS specs.
    2. Form I-693 completed by civil surgeon.

    We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?





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  • Blog Feeds
    02-10 08:50 PM
    Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

    With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

    Background

    On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.

    In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)

    The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.

    This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.

    Requirements in the Statute

    The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
    A. Temporary Increase in the Number of Professional Visas Available

    There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
    B. Electronic Postings

    LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
    C. Attestations Required for Employers Dependent Upon Foreign Professionals

    U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.

    The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.

    H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
    D. Increased Enforcement and Penalties for Violations

    The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
    E. Back Benching H-1B Employees

    Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
    F. Benefits

    Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
    G. Additional Fee for Use of H-1B Program

    Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
    H. Prevailing Wage Computations

    For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
    I. Academic Honoraria

    Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.

    Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!




    More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)





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  • FinalGC
    10-21 08:46 AM
    Yes, your company can do that, however this can only be done for a period of 1 year.

    This is what most of the consulting firms do...if you see most of their projects are never more than 1 year. This is a way to save taxes for employees and employer.

    However, after 1 year you cannot claim any expenses. if the company allows it, then they will be in trouble and not you. Otherwise, find another project at least 50 miles away from your current location.

    So what your company is doing is legal....



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  • TeddyKoochu
    01-06 09:49 AM
    All depends on spillover; it�s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.

    I don't know why I received reds for my post, anyways I respect the opinion of members, I understand that everybody is genuinely pained and suffering so it�s really not anger directed at anybody but the current situation in which we are. My humble opinion is that for any significant noteworthy movement the spillover must happen for individuals belonging to retrogressed countries. Spillover does not really harm anybody. I believe that it�s always better to have ones expectation set correctly rather than expect too much and be disappointed on the day the VB is released. The more the queue moves the better for all, CIR or Recapture are the two genuine solutions to alleviate everybody's pain and suffering. Good luck to all.

    I have one observation that the time the Jan VB was released and the inventory report date kind of match up and since no numbers were available there was no change. If we are going to still have the incremental monthly or quarterly allocation for the retrogressed countries we will still see no change or really no significant change. The spillover for now is the anti-biotic or quick fix; it�s really not the cure or the remedy but it will give a great feeling to many who will get greened sooner and hope to others who are behind.





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  • pyrosleepy
    12-07 11:45 AM
    Validation Error(s)
    You must correct the following error(s) before proceeding:

    * Case Status Retrieval Failed
    * This Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center.

    I have been getting the above message when I try to get a case status online for my I-140.

    I filed concurrently for I-140, I-485 with EAD and AP on Aug 15th at TSC (EB3) and received receipt notices on 10/14/07 for all of the above applications. I also can get case status online successfully for the other 3 applications.

    My attorney contacted USCIS (as they said that I cannot inquire on the I-140 and that it can only be the employer or the attorney) and they (USCIS) said they can see my case on their system but don't know why I cannot.

    Is anybody in the same boat as I am? Should I be worried that I cannot get online status even after 8 weeks from the time the reciept notices were issued? Any advice/input is greatly appreciated.

    I have the same situation. I received my Receipt Notice from Vermont Center for my H1-B extension but get the same error message from their website and phone. I am worried if those guys put aside my file and forgot to enter it in their system.



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  • zCool
    05-17 07:27 PM
    you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
    have proof of documents for all the facts
    and then go file in one of the federal courts..





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  • Vijh1
    04-29 11:09 AM
    Can we work for Indian company and receive salary get deposited in India for the work. My spouse is in H4 Visa here and recently got the H1B approved. For the new H1B transfer could we show the Indian employer experience while you are physically present in US for last 3 years.

    Do we have to give Updated resume every time when we file H1B transfer?

    Any help is appreciated.:confused:



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  • vishwak
    02-11 01:18 PM
    You need to verify what they are feeling and why they are filling in forms.

    Should have knowledge of process and you should be fine with any Attorney.
    Unless you go to THE CHEAPEST ATTORNEY who never has experience in handling tough scenarios.





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  • vinzak
    01-04 11:34 PM
    This is how they could have replied. They should have started a 10 Rs. Education cess on every McDonald burger sold and every Pepsi/Coke bottle sold and every pizza sold by pizza hut & Dominos. This is barely anything, as it is only what we see on the surface, other big corporation like Walmart and several defense contractors are also operating freely and feeling home. Indian govt. should start taxing them..
    America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..

    When it comes to shaking down foreign companies, the Indian govt. is way ahead of the US govt. The Indian govt is suing Vodafone for acquiring Orange and Kraft for acquiring Cadbury insisting that these companies should have done a tax deduction at source when buying these companies. Meaning that if Kraft bought Cadbury for $100mill, they should have paid only $70 mill and sent the $30 mill check to the govt.

    Look it up, and you'll realize that any government in the world will shake anyone down for some extra money, not because it's right but BECAUSE THEY CAN!!!



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  • Vsach
    07-11 03:11 PM
    That's a great idea! Let's go....

    VS





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  • vegasbaby
    10-04 12:14 AM
    Would greatly appreciate some advice regarding my fiancee.

    She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.

    We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.

    We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.

    Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.

    I understand the basics of dual intent, and would not want to compromise her ability to enter the country.

    Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?

    Any suggestions or advice would be greatly appreciated. Thank you.




    I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.



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  • anilsal
    08-05 04:13 PM
    from annualcreditreport.com (this is a site from the 3 credit agencies), you can see all the addresses that your credit card bills went to. So there is a record of where you actually lived in the last 3-5 years.

    By the way, by law you are entitled to a free credit report annually. You can get it from the afore mentioned site.





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  • rolrblade
    07-20 01:29 PM
    My attorney said e-notice is fine and applied.
    but in enotice it is written

    Please note that this e-mail message is being sent as a
    courtesy and cannot be used as evidence of nonimmigrant
    status. Nor can this message be used as evidence to procure
    an immigrant visa


    I am worried if my packages comes back after aug 17?

    read carefully to what Superdude wrote...... your answre is in there.

    To file I-485 you need a I-140 RECEIPT NOTICE. You dont need an approved I-140 to file 485. If you attached your I-140 receipt notice then you are fine.



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  • kumkum
    08-04 01:46 PM
    Thank you very much Mr.sk.aggarwal.i will call them.





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  • vijayam
    09-15 04:59 PM
    Hi,

    I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

    But my school said I cannot get my degree certificate till December 2006.
    My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

    Please suggest.

    Thank you,
    Vijaya.



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  • Z.Liu
    06-18 05:52 PM
    Hi, Guys,

    My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?

    ******requested for 485 filing*************
    For your wife:

    1. Marriage certificate, w/English translation
    2. Birth certificate w/ English translation
    3. Biographical information page, and date of issuance/expiration page, from current passport
    4. Copy of her current visa
    5. Copies of other US visas you have had
    6. Current I-94 card
    7. Passport entry stamp from last entry into the United States
    8. Six (6) passport photos

    For you:

    1. Birth certificate, w/ English translation
    2. Six (6) passport photos
    3. Last two (2) paycheck stubs
    **********************************************

    *medical exam forms also asked separately.

    My condition: filing with current employer. I-140 was recently approved.

    Thanks alot.

    :cool:





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  • ena23
    03-08 12:33 PM
    they got confused that he is a full time ??..pls share more light..your situation is not clear to me





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  • Hewa
    09-21 10:26 PM
    Did everyone get receipt and transfer notice? I ask because I only got Transfer notice, and lawyer is not responding about whether he received a receipt notice(with July 2nd date ) also.

    TIA

    I485, EAD applications delivered on 7/23/2007 to NSC.

    Transfer Notice says I485 transfered to TSC from CSC
    Transfer Notice has receipt date Sept. 14
    Transfer Notice has notice date Sept. 17
    Transfer Notice receipt starts with WAC

    No other receipt for I485 or EAD.

    I140 Approved Nov. 14 2006 NSC
    EB3 ROW





    anurakt
    12-22 04:01 PM
    REMINIDNG EVERYONE ABOUT THE MEETING THIS SUNDAY IN STAMFORD MALL..... PLEASE PM ME FOR THE CONTACT PHONE NUMBER ......





    LOL123
    09-05 10:24 AM
    The applications that were sent between July 2 and July 17 have been transferred to other service centers. the applications reached during this time period is taking a little longer to process.



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