Sunday, June 26, 2011

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  • pgc10
    02-03 12:13 PM
    This is a grey area, in my opinion, some lawyers say that you should file those documents for AC21 and some say don't (just wait for RFE, if any). But I have seen people getting success and failure with either method on several other boards. Maybe it depends on how similar your new job description is to the old one and the IO.




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  • desi3933
    06-12 01:37 PM
    Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
    Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
    I have seen this happening so many times
    If employee choses a different option to stay legally, that's up to the employee

    Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.

    If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.

    One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).

    Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.

    Please verify details with your attorney/lawyer.

    ===============================================
    Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.




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  • cheg
    08-21 02:59 PM
    Congratulations! All the best to you and your family! You saved a lot of money by filing your gc petition yourself. Very smart! Enjoy!:)




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  • chi_shark
    10-16 12:27 PM
    look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".

    my 2 cents.

    may be not related ... but can someone explain what does this line mean ...

    The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....

    anyone ?



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  • naveenarjun
    09-11 05:24 PM
    http://www.chron.com/disp/story.mpl/special/immigration/5124255.html




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  • bach007
    11-27 01:35 PM
    Originals of these have to be mailed first right? Do we need to carry copies of these on day of interview????



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  • smartboy75
    07-09 01:59 PM
    USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.

    Hope this helps.


    1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate

    2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.


    3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.

    The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
    Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
    NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

    Thanks for clarifying....
    I mistook AP to be a re-entry permit....My bad....




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  • PHANI_TAVVALA
    12-02 10:08 PM
    Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.



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  • rkrishna123
    10-17 03:10 PM
    Thanks Vamsi for your advice....I have not checked with the CIS yet...i will do now. Thanks for your time




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  • rsirpal
    09-23 01:42 PM
    Hi boreal,
    I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.

    In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.

    seeking_GC,

    Which service center did you apply your wife's AP from ? I have applied for my wife in NSC and she is scheduled to travel overseas in 4 months. I am worried it will not come in time



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  • anurakt
    01-20 09:29 AM
    Please join the orkut immigrationvoice group. This would be another way of reaching each other when time comes.

    Also I request if you are member/owner of communities then please send message to your groups about www.immigrationvoice.org.... It can be a small message but very effective to reach wide audience.




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  • pmat
    04-10 04:32 PM
    I don't get what caused the sudden spike in the Master's quota. Earlier it used to be open for at least 15 days... Can it be because of increase in number of international students or people loosing in previous year lotteries going for Masters??? I seriously believe that H1B visa program needs reform - a valid job offer (read project for consultancies) must be necessary for applying AND a joining date within 2 months of starting FY. This is true madness going on.



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  • Rockford
    07-17 02:47 PM
    --
    I couldn't help post a reply. I was trying not to add to the buzy server traffic.

    Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.

    Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.


    You are so blind with your belief that some thing positive will come out that you cant see what is happening. I have made it very clear that it was a comment in my post, and can't you see the link.

    How stupid are you ? Why can't you just let it go if you don't like it ?




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  • sanjay02
    08-22 03:07 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.



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  • arihant
    10-26 05:13 PM
    A) Yes, you can transfer the pending h1 extension to premium.
    B) For current status https://egov.immigration.gov/cris/jsps/ptimes.jsp with your respective service center.

    Thank you for your response. ANy idea how long the conversion would take?




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  • rolrblade
    07-27 04:44 PM
    do they have to attach copy of email with the application?
    In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.

    you are fine : read this from USCIS website:

    Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will continue accepting original Form G-28 bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.

    Legal Requirements for the Signature on Petitions and Immigration Benefit Applications
    Attorneys and Accredited Representatives: The signature of any attorney or accredited representative who has been granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.

    this means as long as your attorney sent the original G-28 form with their signatures, you are okay. Also the email from you is "legal authorization" to sign.

    All across these forums you will read numerous posts where people have not signed anything rather their attorneys have signed. This is very general practice.



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  • vedicman
    11-30 09:00 AM
    The Startup Case For Immigration Reform - Maureen Farrell - Scaling Up - Forbes (http://blogs.forbes.com/maureenfarrell/2010/11/23/startups%E2%80%99-case-for-immigration/?boxes=Homepagechannels)

    It�s not just Google that�s worried about attracting and retaining top technical talent. However, the search giant�s recent 10% raise for all its employees is a leading indicator of the talent and compensation war surging through Silicon Valley, and among tech startups around the US.

    �It�s the worst I�ve seen since the late 1990s,� says Bessemer Venture Partner�s David Cowan, who estimates that salaries for experienced engineers are up about 20% from before the crisis. Charles River Partners� George Zachary says it takes between $90,000 and $100,000 to land even starting engineers compared to $75,000 to $80,000 just six months ago.

    Of the dozen venture capitalists and CEOs I spoke to who are seeing this trend, nearly all say a business-friendly immigration policy could help them find talent to help them grow startups.

    �Everyone of my startups has an issue with trying to fill out their engineering headcount plan,� says Cowan. �There are lots of talented engineers around the world. If we invited them to participate in our industry here in the U.S. we would see more Googles and Facebooks.�

    Large and small businesses are lining up behind an immigration policy that would make it easier for entrepreneurs and high-tech professionals to come or stay in the United States. Congress did not move forward on comprehensive immigration reform before the midterm election. It has also failed to pass several of the more specific immigration proposals made in recent years. One of these, the DREAM Act, would have allowed alien students who graduate from college or served for two years in the military to stay in the US. Another, the Startup Visa Act, sought to give a visa to anyone who�s received $1 million in equity investment in their company and would create 10 US jobs.

    Expect a concerted push to reverse what�s seen as a brain drain from big business and the venture capital industry. Jim Turley, the CEO of Ernst and Young who serves on Obama�s National Export Council, advocates a policy of what he calls �staple diplomacy.� Explaining it he said: �Whenever there�s a student from anywhere in the world who is walking across the stage from a leading university getting his or her PhD or masters we should staple a visa there to him or her and say you�re welcome to stay.�

    Immigration proponents cite studies by Duke Professor Vivek Wadhwa, who determined that immigrants created a quarter of all technology and engineering firms founded in the U.S. between 1995 and 2005. Foreign-born nationals residing in this country were part of nearly one-quarter of patents filed in 2006.

    Right now entrepreneurs and businesses have two options to bring highly skilled international residents into the US: the EB-5 visa and the H1B visa. With the EB-5 visa, immigrant investors can obtain a green card if they invest $1 million into a new or existing business and create at least 10 jobs. Less than half of last year�s 10,000 EB-5 slots were filled. Eleanor Pelta, the President-Elect of the American Immigration Lawyers Association and a partner at the law firm Morgan Lewis in Washington says foreign nationals are wary of using these visas to start a new business because if a business runs into trouble and the company doesn�t employ 10 workers two years later, the investor will lose his or her provisional visa. �It�s a dicey proposition because you have to use your own money or secure it with your own assets and you might not get a visa at the end of it anyway,� she says.

    The H-1B visa is for highly skilled foreign workers who will fill jobs that Americans can�t. US companies must sponsor these visas. The US caps this visa category at 65,000 individuals and it�s nearly always oversubscribed. Cleveland immigration attorney David Leopold and current President of the American Immigration Lawyers Association expects that this fiscal year�s (staring on October 1, 2010) visa slots will be filled by January of 2011. �So from January through next October, no companies can bring in skilled workers on these visas.�

    The United States� Chief Technology Officer Aneesh Chopra says President Obama has tried to lower administrative barriers for bringing foreign nationals into the US for professional development. �In his first year the President wanted to make sure scientists around the world who wanted to visit the US to participate in conferences and seminars could do that,� says Chopra. �We have streamlined that process and efforts so they can participate in ways that are a lot more friendly to their participation.�

    Many in Silicon Valley question how well even that move has worked. New Enterprise Associates Scott Sandell who invests in companies in Silicon Valley and China says it�s hard to bring in top executives from Chinese firms to meet with executives from his US companies. �Immigration agents are more overwhelmed and seem to have more trouble processing applications than they ever have,� says Sandell, noting that it�s been worse in the past six months.

    Still both Chopra and Undersecretary of Commerce Francisco Sanchez say that Obama will put political capital behind immigration reform in the next Congress. �We are obviously committed to comprehensive solution for immigration reform,� asserts Chopra. �There are clear areas of consensus in this country around reform, and areas of high-growth entrepreneurship clearly might be one that we can take action on sooner.�




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  • gc_wow
    09-16 10:43 PM
    This lou dog has done much damage to our community, firing him from CNN or removing his sponsers is not going to do much. He will go to another channel and life goes on. Get this guy on our side and make him tell our story. When the dog barks point it towards enemy.




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  • tonyHK12
    01-07 09:17 PM
    THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc


    People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:




    pappu
    08-20 05:08 PM
    Thank you everyone for taking appointments. We are getting good feedback from the recent visits. Please continue this effort.




    sandy_anand
    11-06 04:38 PM
    I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.

    This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.

    In Response to Your Message‏
    From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
    Sent: Fri 11/06/09 1:00 PM
    To:
    1 attachment
    0A953776.gif (2.8 KB)

    Dear Mr. Mundada:

    Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.

    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.

    This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.


    Sincerely,


    FRL: mts

    Thanks for posting this information! Gave you green!:D



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