Wednesday, June 8, 2011

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  • knnmbd
    04-28 02:45 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.

    I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.





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  • ashismaity
    07-25 08:58 AM
    This whole quota is the number which USA admits per year into its inner circle i,e, GC. Now once that quota is full, you can't be given access to inner circle(IC) or allowed to fill 485 which is final verification to the IC. Inner circle facilitates you with a EAD/AP for you and your spouce.

    Now question is why 485 is the last stage as its employee verification ? simply because employee fiiling up a job. establish 1st, job is available and no worker from IC is there to do it. Then verify who supervises the job gets done (Employer) and then verify who will do the job (emplyee). Although there are so many jobs to be done, quota stipulates how many of then to done by IC people. Rest will be done contructer or temps like the us.


    Theoritically all these process should have been finished within a year or so to do justice to all... But there are other proprities... Who is more important etc. Then there is politics like IC people want to have good life ...so they slow down the work...making a dely...or the resources are taken from this field to another at the cost of us because we have no say on the process which will elevate us...





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  • GCwaitforever
    10-16 05:07 PM
    $500000 in a federally designated low employment area. $1 Million else where.





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  • Nagireddi
    09-02 09:37 PM
    Any updates or idea on what happened on August 31st senate judiciary meeting on SKIL bill? PLease let us know IV members.



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  • redcard
    07-16 09:27 PM
    Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
    I quizzed them about July 2007 revised visa bulletin etc.

    He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
    ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.

    :-) May be NSC approves application :-) as practically NO ONE can stop them..

    Again this is based on my call to actual live human being at NSC..


    I doubt this very much to be true...in case it is.. USCIS has a big problem in their hands.. they really need to clean up the house.. before the shi** hits the roof..





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  • shadowbuddy
    03-17 12:56 AM
    I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.

    My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.

    I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!

    Goodluck!

    Thanks, we are really going to give it a go. I'll fight as long and as hard as I have to. It sad to think that someone else could make a simple mistake that could result in my wife and I having to leave the country. We love it here. It's our home.

    I will keep you all posted as to how it goes over the next couple of weeks.



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  • admin
    06-02 07:01 AM
    My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.

    Does USCIS have any requirements for validity dates for passport when application for H1B is sent?

    I think USCIS will allow you to file for her H-1. BTW the H-1 quota is over for FY2007 - http://immigrationvoice.org/forum/showthread.php?t=1039

    However if your wife has a Masters degree from the US she might still be able to apply.





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  • iv_newbie_2007
    06-16 07:16 PM
    I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

    What will be my status till Oct 1st from the day my H1 is approved?

    Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?

    What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?

    What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?

    What will happen if I get my I20 before I apply for EAD or before my H1 is approved?

    Please help me out.

    Thanks



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  • pellucid
    05-04 10:53 AM
    Non Premium: 60 days; Premium: 15 days

    If you have your case number, register the online status service, and you'll receive an email like the following when they receive your RFE:



    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRC071XXXXXXX

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Response to request for evidence received, and case processing has resumed.

    On May 4, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status & Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)





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  • xela
    11-12 06:47 PM
    So for the non german speaking, we are simply biting on granite...oh well I lost my teeth doing that for the last 6 years...so I guess I keep biting ;-)



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  • gcpadmavyuh
    10-07 11:08 PM
    Hi Parimmigv:

    Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.

    If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.

    If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.

    485 iteslf is a separate status called the adjustee or parolee status.

    Now to your questions:

    1. what status am I on right now ?
    Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.

    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.

    No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.

    3. How to move to EAD as I don't want to pay payroll fees ?.
    Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.

    BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
    attorney. I'm 99.99% sure of this.

    good luck!
    Hello:
    Can some please help me here ?.

    Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.

    I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-

    1. what status am I on right now ?
    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
    3. How to move to EAD as I don't want to pay payroll fees ?.

    Thanks,





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  • yoshi
    11-17 07:16 AM
    Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.

    The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.

    I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:



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  • Siddharta
    03-11 11:02 PM
    CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.

    You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
    So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
    How big a issue is this. Should I be very scared?





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  • hopefulgc
    08-20 10:44 PM
    apr 2004



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  • softcrowd
    03-12 08:58 PM
    This year, BusinessWeek published the PT MBA rankings. But in my view, there is no real market value for PT MBA Rankings. Employers/Recruiters don't really care for PT MBA rankings & they in fact still go with the same FT MBA ranking perception...

    BTW, here is one excellent article that tries to consolidate the US MBA Rankings given by various media agencies into one list...

    http://www.dealmaven.com/community/blogs/student/archive/2007/08/15/mba-admissions-101-mba-rankings.aspx





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  • meridiani.planum
    10-09 01:52 PM
    Visitor visa/Business visa for Germany .I have plan business trip to Germany but to get visa, German consulate web site saying they will need visa stamp in passport. My visa stamp in passport is expired and I had use AP for my last entry.
    Does any have done European visa with above condition .Please share your thoughts?
    Thanks

    Did you call up the embassy and ask? I got a tourist visa last year from their embassy in SFO. Was on H1 and had a stamp at that point, but in general they were very helpful over the phone. So try calling the embassy...



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  • willgetgc2005
    02-09 01:01 PM
    Hi,

    I am having issues with my Immigration Attorney. I had asked him to initiate
    enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
    service and not my company.

    In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.

    He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.

    Please suggest.





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  • TomPlate
    12-03 12:27 PM
    After an 2 years assume the project that I worked is closed. Initially the greencard was filed related to a requirement in the project. I got approved after 3 years. Since the project is closed, I cannot work on the project that was initially filed on Green card.

    Now Explain me what we should do?





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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.





    StarSun
    04-11 09:40 AM
    Hello!
    I was trying to use the Free Conference Call service to ask a question to the lawyer but was informed that the access code 388991 is incorrect. Has it been changed? If so, can someone provide the new code.

    Thank you very much for providing this invaluable service to the entire community.
    -Raji

    Please refer to the thread running on the home page for the current conference access code. For this week, check http://immigrationvoice.org/forum/forum14-members-forum/2098838-free-attrny-call-apr-14th-ari-and-greg-frm-visalaw.html





    coolpal
    03-20 09:34 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

    That is true, and I know a lot of people who did that including my wife in 2006.

    pal :)



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