Sunday, June 26, 2011

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  • go_guy123
    10-11 10:54 AM
    It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill.

    Senator Menendez in charge of this...looks like Fox guarding the hen house. I suspect he is more interested in hostage taking "employment-based immigrants " for his
    "comprehensive immigration reform". Dream act advocates know this and are openly attacking the "frenemies" or "two-faced" pro-immigrant politicians and Senetor Reid in the democratic party.





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  • TheCanadian
    01-02 08:24 PM
    Are you saying we can submit past works?





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  • bekugc
    12-11 08:00 PM
    as for Mohits qn. i agree with pragirs' answer.

    during AC21, if new job description is similar to orig LC thing, and if the new cmpany can put that on paper in offer or empl letter, this shud be enuf... a colleague of mine, who was a developer had his LC as a programmer, after 485 apply/180days/Ead etc, he lost his client and my company waited for 3 weeks & laid him off...he used ac21 and joined a small company, who gave him a QA job, but on paper it was put exactly as what orig LC said. in the july flood, he got his GC, no qns asked.

    as for difference in salary, i remember in one of the free teleconf calls done by a prominent attorney , he said if u move from one geographic loc to another, then diff in stds of living etc will allow for same job desc to have pretty diff salary ranges. but if u chg in same geography and have significantly diff salary, it may raise eyebrow...but again what significant means is Gray...





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  • TheCanadian
    11-06 03:06 AM
    Eat all of that AJ!



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  • REQUIRE_GC
    07-12 10:47 AM
    Thanks a lot for your valuable input.

    But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

    Please let me know.

    Thanks for all your input in advance.

    I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time





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  • pappu
    05-08 10:26 AM
    Hello all,

    While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
    Good to hear that.
    You must follow up with them and tell them that you are an IV member and stuck in rertrogression. Educate them a bit about the long delays in the green card process and seek an appointment with them so that you can discuss the issues in person. As soon as you seek an appointment, get in touch with IV. (varsha at immigrationvoioce.org and sanjay at immigrationvoice.org )and they will guide you for the meeting.
    These are good signs that the office wants to discuss your concerns. Make use of the opportunity and help this community and yourself by following it up. If you would not like to disclose your employer to the lawmaker, that is fine. Generally lawmaker offices are considerate and very friendly. You will like the experience after you have met them.



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  • thomachan72
    09-19 08:32 AM
    i had interview at mumbai consulate on friday morning 9.30.

    EVERYONE please take time to read and reply...


    the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
    she asked me the name of company, my job title etc..i replied ...
    and then she asked me for my old passport and wrote CWOP on expired visa.....
    she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."



    here is the deal...she did not gave me any slip or anything and said we can go now.....

    WHAT WILL HAPPEN?

    will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?

    expert any advise?
    i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?

    Sorry to hear this. It seems to be a real unfortunate thing to happen. Hope the lady was just having an emotional issue and doesn't act upon that. I would anyway wait till Monday and contact the VFS again. Hope for the best.





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  • gsc999
    07-15 02:52 PM
    yes, but look at how many members they have. Close to half a million. How can IV with less than 1000 members be as strong? Looks like we have miles to go.....

    lotr

    Just curious, where did you get the 1000 number?
    Our website shows 18,000 members and growing.



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  • GCHope2011
    06-28 06:52 PM
    If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.

    However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.





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  • GCNirvana007
    10-08 05:03 PM
    You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.

    Ok. So whoever runs my payroll is my employer. Lets say its Company C.

    Question is

    Am I obligated to Company A in any way?
    Am I obligated to Company B which had my recent H1B?

    Based on the answers i am assuming no but will wait to hear from you guys.



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  • xela
    04-23 01:40 PM
    mhmm mine was sent on June 31 for July 2nd delivery to NSC and the receipt came from California in Sept. But my official receipt date was still July 2nd which is when NSC stamped in their mail room before they forwarded it on.

    make sure that your forms do not reflect something similar. your RD is when they got it in their mailroom not when they sent recipt notice.

    I am still waiting, last time I called them my case had yet to be assigned to someone....phhhhhhh

    I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.

    I filed at NSC, my case ended up in TSC.

    Nothing much makes sense, nowadays. :confused:





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  • GCNirvana007
    10-08 04:46 PM
    If I understand you correctly, you were working for Employer A and he filed your Labor. You changed to employer B while labor was pending and started working for employer B on H1. Employer A continued to process your GC and you got it approved. If this is true, then you should immediately join employer A since your GC was approved through employer A.

    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?



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  • CHHAYA
    04-28 12:47 PM
    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)

    I entered US at Newar POE on 7/15/08 based on AP which expired on 7/20/08. They give me I-94 valid until 7/15/09. I do not have any plan to go out of country till end of 2010. Do I have to renew AP or I-94?





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  • Canadianindian
    07-09 12:07 PM
    I agree 200% with you...


    We shld treat this an exception. Let us not be like Americans.



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  • Canadian_Dream
    04-03 11:00 AM
    1. Yes it is a good idea to have your Passport valid beyond six months of the visa expiry when going for stamping. Thus you should renew your passport.

    2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.

    3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.



    Thanks for the information Roseball and CGS. That really helps.

    I take it that it is possible to get 3 years extension without renewing my passport.

    One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.





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  • new_gc
    12-17 12:59 PM
    guys,

    I have a situation here....i travel a lot due to a contracting job and take my family with me...we shift every 6 months once...due to this we had to face a lot of hassle in receiving fp notice and ap,ead etc...is it ok for us to use a p.o box address?so that i can get my mails every week whereever i am.....please advice...looking forward to your replies....



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  • arihant
    05-01 09:08 AM
    Checked DOL website yesterday (4/30) and today (5/01) to see what the front page would say. Sure enough - the image changed from "18 Months Remaining" yesterday to "17 Months Remaining" today!

    Web gurus, can you guys make sense of the following lines? I grabbed them from the DOL's website source. Can you tell if this being manually changed or some script is doing it automatically:

    <h3 style="color: #990000">Foreign Labor Certification</h3>

    <!-- script will be here? -->
    <p style="font-weight: bold">Backlog will be eliminated 9/30/2007<br />

    <!-- start script -->
    <img src="images/17MonthsRemaining.jpg" width="270" height="46" alt="17 Months Remaining" border="0" /></p>

    <!-- img src="images/19MonthsRemaining.jpg" width="270" height="46" alt="19 Months Remaining" border="0" /></p -->





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  • raysaikat
    02-18 01:37 AM
    All, Help me understand this.
    If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
    06 -10.7k
    05 -46K
    04 - 39k
    03 - 20k
    02 - 41k
    01 - 41k

    Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)

    Any unused visas are allocated to retrogressed countries in the last quarter of each year. That's why a country may get more than $10K visas.





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  • hianupam
    04-16 01:49 PM
    wht field u and ur wife work on??
    Both of us work in the energy (electricity) industry.





    pncool01
    09-16 01:56 PM
    Feel free to celebrate as you please, but keep in mind the less fortunate - not the ones who are waiting for a GC in this country but those who are waiting for their next meal. Ask your wife to make donation somewhere in India or put some money to charity.

    For me, symbolic act is enough...I am going to keep it simple
    - drive to the border; walk over to mexico and walk back into the US

    You know how Mahatma Gandhi made salt in Dandi (and I do see the oppressiveness and exploitation employers can sometimes bring in this GC process)





    snathan
    02-11 11:45 AM
    applied for H1, was it COS? Did you get new I-94 when your H1 was approved. If yes then you are in H1 status after H1 is approved. Obvisously they denied L1B.
    Also if above is true and you are not working for H1 employer then you are probably out of status......

    Doesnt the H1 takes effect only if you join them. I dont think just getting approval alone change your status.

    Otherwise is there any source for this claim



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