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  • andymajumder
    04-13 04:22 PM
    I don't see why you are saying it wouldn't help us.
    Spouse & children not being counted towards the cap limit should at least cut the backlog in half.
    Again point 3)Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas. Does this mean people with MS degree or higher and have been working on H1B in the US in the same field as their degree\research?

    If yes, than that should also help clear the backlog as well. I know of lot of people (including myself) who are in that category and are stuck in the backlog.

    It will not help us too much. It will help STEM .
    But I think we still end up in waiting several
    years. It will be much much better if he had text to increase
    EB visa's for couple of years or recapture unused ones and
    distribute on first come basis...

    If spouse and children are not counted it will cut the waiting
    time by half.....

    But something is better than nothing right ?


    $20 each month.





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  • nkhari
    07-19 10:38 AM
    the way you can fix the h4 issue is through nunc-pro-tunc and you can argue your case and fix the out-of-status.

    murthy is of no help.

    talk to shurstman (hope i got the name right). heard his firm has dealt with complex cases.





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  • softcrowd
    03-11 12:38 AM
    gcapplicant05 - You just created your profile on IV to post that so-and-so company is very good!! That's Interesting!!





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  • Morty
    08-07 02:39 AM
    I believe its too early to start flower campaign. We don't have any solid data to prove NSC is not working properly. Also using flower campaign for every problem will lose its relevance quickly.



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  • Milind123
    09-13 11:20 PM
    I think this is a really bad idea. Green Card is fine.. but remember, we are first Indian, Chinese.. we are citizens of our countries..and owe allegiance to it....atleast till the time you get your american citizenship.

    I was hesitating to say that. But you said it. People please don't get me wrong. Yesterday went to my son�s school for "back to school night". Before anything starts they have "pledge of allegiance". Now, I am not disrespectful to the American flag or any other flag, I do stand up on such occasions but I don't say the pledge of allegiance nor do I have my hand pressed against my chest. Most of the time my hand is holding my sons hand pressing it against his chest, trying to make him understand about the love and respect for their country.

    God know how many times I have heard the same question from my kids. �How come daddy you ask us to do that and you yourself don�t do it?� Now what do I tell them, �Its going to take about $20 years (the way things are progressing)�.





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  • kumar1
    07-06 04:24 PM
    Came back from India four weeks ago by KLM. It was Delhi - Amsterdam - Detroit flight. At Detroit, I was in the non US citizen line. Immigration officer took my finger prints, did some basic stuff and asked me to go lane 36. That lane was for Advance parole guys. I was the only one using AP. Another five minutes and I was done. I-94 says 1 year of validity. No issues at all either at Delhi, Amsterdam or Detroit airport.



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  • gk_2000
    12-15 07:24 PM
    Thank you for your input, however I differ from you. What we need to educate other fellow members, as well as the community is,

    1. Visa recapture has nothing to do with the current state of economy. People in que already have jobs.
    2. Ppassing the bill, will give these people incentive to buy homes, good cars, overall help the economy to improve.
    3. They can associate the recapture with a fee, that will eventually bring in revenue as well.

    Fees? Don't mention that word. They already think of us as a bank giving away free loans. How could you forget so soon, about the fence fees?





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  • amitjoey
    04-04 04:31 PM
    I have spoken with my lawyers, does not look so good, we have stallmate between the Repubblican and the democrats. It will be difficult, the problem is the provision for the 12 milion to go back home.
    The Dems does not have any interest to push for the skill bill.
    August is the deadline.

    I would take what the lawyers say with a grain of salt. IV Core knows upto the minute information, they always seem to know the inside information. So dont worry, if IV Core dosent say it, there is nothing to worry.



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  • thomachan72
    06-02 01:03 PM
    This is on the front page of Google Video. As we fight for the hearts and minds of the population and the understanding of the senators and congressmen, this can be damaging.



    He has to realize that this immigration issue cannot be just explained by two bottles of gum balls. Putting a few graphs and a gum ball jar will not hide the deep emotional turmoil that is behind this presentation. There is no rational behind this idiotic talk. World pupulation shifts cannot be viewed separately from economic situations. With farming and other infrastructural industry heavily depending on cheap labor to survive, did he show a plan that will help the american industry to survive for 1 single year if the immigration is reduced to 1965 level. Infact if it is done for 2 years then there wont be any need to do it again because american economy will collapse by then. Also other world economies will also collapse because everybody depends a lot on this economy to buy their products. Here is the only place where money can be simply printed (without any actual value).





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  • sukhwinderd
    10-09 10:27 PM
    I guess you are missing a few points...

    1. The backlog does not include the oncoming requests for the other categories (which is fine for EB3, because even EB3-ROW is back-logged)
    2. Fall-over across categories .. and since EB3-ROW itself is backlogged, there is no fall-over for EB3 I/C/M
    3. Fall-down happens in a sequence, ie EB5 -> EB1 -> EB2 -> EB3 .. since EB2 itself has over-subscribed categories, there is nothing which falls down to EB3

    Hence EB3 roughly gets only its quota... which for over-subscribed is ~3k

    i think you are counting spillover across categories within same country but not spillover across countries as per stated in the law and my first post. so if spillover across countries is applied then all unused visas should trickle down to backlogged countries.

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE



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  • nonimmi
    02-21 01:48 PM
    I'm all for it. It will be good for many of us.





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  • geesee
    08-10 03:18 PM
    One of my friend filed on July 30, he got receipt for both I140 and I485
    from Nebraska service center yesterday. I have filed on 2nd July
    Still waiting for Receipt for I1485.

    Thanks

    Thats strange :eek:

    I am always under impression that my check will be cashed at least after 3 months since I filed on 19th July... But if July 30th filer's check is getting cashed, then I should make sure that I keep enough balance in my bank account...;) it could be anytime...



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  • morpheus
    07-23 11:53 AM
    I was thinking that maybe you can make some form of contract with the person who gets your money (trustee) on condition once you get a GC to be able to restore the money from him/her. Do you think that would work?


    The USCIS can and does find people with homebased businesss (aka unauthorized employment). You can't work on an H4, and at some point you either have to report the income somewhere (and the USCIS will see it on your W2) or you have to evade taxes. Either approach is illegal and trying to hide the money or the reality of the situation is foolish. People have been trying schemes like this for many years. The USCIS isn't stupid.

    I know several doctors who created corporations and then sponsored themselves for GC without problems.

    It is difficult, if not impossible for computer professionals to sponsor themselves for a green card using their own company. Such a filing can be rejected at labor cert or at the I-140 stage. At labor cert, the DOL will challenge you that the job is not open to US citizens, since small companies don't usually hire people to replace their founders. Also, since the immigrant themselves can have no role in the hiring, it becomes even more complicated when it is a one person company. I doubt such an application would even make it through the PERM process.

    At the I140 stage you would have multiple problems. The first is ability to pay. The second, according to 8 C.F.R. 213a.2(a)(2)(i)(C), an immigrant with a "significant ownership interest" in the company comes under extra scrutiny. The USCIS implementing regulations define "significant ownership interest" as five percent or more. There have been plenty of court cases where people founded corporations to sponsor themselves and the USCIS rejected their green card applications. I can't remember the names off-hand but if you Google the topic, you will find the US courts have dealt with exactly this issue and rejected it as a way to receive a green card. Doctors may get off lightly under a different law (I don't know), but for the rest of us, it is not a realistic option.

    Morph





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  • sri2007
    02-25 10:54 AM
    This is finger printing notice but not receipt. my company lawyer send to my employer but employer never shared. Is there any way I can findout receipt date? I also called USCIS but thier are confusing or they are not sure.



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  • EAD2009
    02-15 10:37 PM
    Thank you very much roseball and snathan , then i will apply for her change of status to F1.
    Thanks once again for your valuable advice.





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  • black_logs
    04-13 08:40 AM
    Guys today is the last day we can comment on the 45 days Labor expiry. Please send emails to the DOL and express your disagreement with the new law. It is unnecessary and unwanted. When labor substitution is being eliminated, there's no need for this rule. The content here contains their email etc, please send your comments today. Take it as extremely important issue as we may not know we'll wait for years for the labor and we get kicked out just if DOL posts it late. Guys also please write your comments on this thread so that this thread stays on the top today.
    ----------------------------------------------------------------
    SUMMARY: The Employment and Training Administration (ETA) of the
    Department of Labor (Department or DOL) is publishing a Notice of
    Proposed Rulemaking (NPRM or proposed rule) with request for comments
    to enhance program integrity and reduce the incentives and
    opportunities for fraud and abuse related to the permanent employment
    of aliens in the United States. First, DOL is proposing to eliminate
    the current practice of allowing the substitution of alien
    beneficiaries on permanent labor certification applications and
    resulting certifications. Second, DOL is proposing a 45-day period for
    employers to file approved permanent labor certifications in support of
    a petition with the Department of Homeland Security, United States
    Citizenship and Immigration Services (DHS). Third, the proposed rule
    expressly prohibits the sale, barter, or purchase of permanent labor
    applications and certifications, as well as other related payments.
    Finally, the proposed rule includes provisions highlighting existing
    law pertaining to submission of fraudulent or false information,
    clarifying current DOL procedures for responding to possible fraud, and
    adding procedures for debarment from the permanent labor certification
    program. Under this proposed regulation, these provisions to enhance
    program integrity and reduce fraud and abuse would apply to permanent
    labor certification applications and approved certifications filed
    under both the regulation effective March 28, 2005, and any prior
    regulation implementing the permanent labor certification program. This
    proposed rule also proposes clarifying modifications of applications
    filed after March 28, 2005, under the new streamlined permanent labor
    certification process. The Department solicits comments on each
    provision contained in this NPRM.

    DATES: Interested persons are invited to submit written comments on the
    proposed rule on or before April 14, 2006.

    ADDRESSES: You may submit comments, identified by Regulatory
    Information Number (RIN) 1205-AB42, by any of the following methods:
    Federal e-Rulemaking Portal: http://www.regulations.gov.

    Follow the Web site instructions for submitting comments.
    E-mail: Comments may be submitted by e-mail to
    fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of

    the message.
    Mail: Submit written comments to the Assistant Secretary,
    Employment and Training Administration, U.S. Department of Labor, 200
    Constitution Avenue, NW., Room C-4312, Washington, DC 20210, Attention:
    John R. Beverly, Interim Chief, Division of Foreign Labor
    Certification. Because of security measures, mail directed to
    Washington, DC is sometimes delayed. We will consider only comments
    postmarked by the U.S. Postal Service or proof of delivery from another
    delivery service such as UPS or Federal Express on or before the
    deadline for comments.
    Instructions: All submissions received must include the RIN 1205-
    AB42 for this rulemaking. Receipt of submissions, whether by U.S. Mail
    or e-mail, will not be acknowledged. Because DOL continues to
    experience occasional delays in receiving postal mail in the
    Washington, DC, area, commenters are encouraged to submit comments via
    e-mail.
    Comments will be available for public inspection during normal
    business hours at the address listed above for mailed comments. Persons
    who need assistance to review the comments will be provided with
    appropriate aids such as readers or print magnifiers. Copies of this
    proposed rule may be obtained in alternative formats (e.g., large
    print, Braille, audiotape, or disk) upon request. To schedule an
    appointment to review the comments and/or to obtain the proposed rule
    in an alternative format, contact the Division of Foreign Labor
    Certification at (202) 693-3010 (this is not a toll-free number).

    FOR FURTHER INFORMATION CONTACT: John R. Beverly, Interim Chief,
    Division of Foreign Labor Certification, Employment and Training
    Administration, 200 Constitution Avenue, NW., Room C-4312, Washington,
    DC 20210. Telephone (202) 693-3010 (this is not a toll-free number).
    Individuals with hearing or speech impairments may access the
    telephone numbers above via TTY by calling the toll-free Federal
    Information Relay Service at (800) 877-8339.



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  • sravani
    05-02 04:07 PM
    I don't think that's true. I think US government wants you to declare any income you had anywhere in the world and pay tax on it. So if you earn interest in NRO account in India you will have to declare when you file your taxes. I don't have a link right now that proves this but I will try to find it for you. I am pretty sure this is true.
    Yeah..that's what I thought. Usually banks send 1099-MISC Income for tax purposes. But in this case not sure if ICICI sends any form like that. Anyway, i openend my NRO account only couple of months ago. I will wait and see if I get any form like this for the next tax year.





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  • Vikul
    08-11 07:51 PM
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  • sanju
    10-06 11:45 AM
    You do not need "original" I-485 receipt notice. For all purposes, copy of the receipt will be good enough.

    Making an issue out of this will only alert your employer, just in case you are thinking of using AC-21. And it would be ok if there was anything that you are getting in return. But the fact is that you are not.

    I think you are worrying for no reason.



    Hello,

    My lawyer is not giving me original receipt notices for I-485 filing. He has given me the copy.

    I know that I have the right to have it as it is my filing and I can take the issue to HR also. However I don't want to get into any such situation unless there is no other way.

    My questions:

    (1) How important is to have the original receipt notices. My laywer is saying that you can travel on Advance Parole so original I-485 receipt notice is not required.

    (2) In a case where I need to switch job using AC-21, is I-485 original receipt required.

    (3) Is there any way I can get another receipt from USCIS.

    Any help is appreciated.





    sapanach
    02-24 08:54 PM
    ^^^^^^^^^

    You found a bodyshop agreed to process your H1 and take you on project only after they find a project for you. You might have paid the processing fee.

    USCIS approved the petition; you have seen the approval status online (more likely) and you heard from your employer that application is approved with I94 (guessing) effective to start work on Oct 1,2008. Mission accomplished. Mission accomplished, you can start working on or after Oct 1, 2008

    Smart Company, To keep them out of legal trouble at this juncture, Your H1 sponsoring company did not send you a hard copy of the approval.

    Guess, they have many people sitting on bench unpaid, they did not want to add one more to the list, given the economy and etc.... The company would not have told you this in writing - they can simply claim that they have first class mailed the petition and have not heard anything from you, this will take them off hook or any legal obligation.

    One does not need SSN to start working, but need SSN to process payroll. The REAL corporation pay company check, if you have joined them and not received the SSN in 30 days and later process the payroll reflecting the complete pay period since the join date.

    Aren't you and your sponsoring company abusing the sytem?! This is the 6th post that I am aware of.... Anyway, travel outside the country and come back on H4.... and File complaint against the employer with DOL and USCIS, if you and offer of employment was genuine.
    On contacting my employer they told I am still on H4 status and will be on H1B status only if I apply for SSN.

    Guess, they have many people sitting on bench unpaid, they did not want to add one more to the list, given the economy and etc.... The company would not have told you this in writing - they can simply claim that they have first class mailed the petition and have not heard anything from you, this will take them off hook or any legal obligation.

    But as my husband is also with same consulting company they cannot claim that they were not able to get in touch or we did not contacted them.... pls advise.





    aubGC
    03-12 12:42 AM
    If you have sent your documents, then you will not receive FP notice. FP notice is just sent to people who file online using Efile service. You should get a receipt notice very soon and then your EAD ... From other threads, it seems like getting EAD by sending physical documents is even faster that filing online. I might be wrong.. Best of Luck to you..



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