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roseball
03-29 03:34 PM
Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
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bobzibub
05-08 03:20 PM
My opinion:
...
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Call you Zoolander! :D
Fashion models and nurses have one thing in common. Both professions are dominated by females. I think the Congress critters (mostly elderly males) are simply looking for new exotic foreign opportunities. Dates with Java programmers? Not so interesting, sorry! :p
PS: my java coding is being a pain in the butt today.
...
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Call you Zoolander! :D
Fashion models and nurses have one thing in common. Both professions are dominated by females. I think the Congress critters (mostly elderly males) are simply looking for new exotic foreign opportunities. Dates with Java programmers? Not so interesting, sorry! :p
PS: my java coding is being a pain in the butt today.
mnq1979
05-21 12:36 PM
well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?
2011 The Twins
grupak
03-01 12:50 PM
^^^^
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Edison99
09-15 12:30 PM
Enjoy the freedom!
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
unit
09-16 03:57 PM
I am also in a similar situation, and have the same question.
Any one with answers?
Any one with answers?
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arnet
10-26 02:34 PM
Original I-797s should be with us, they can have copy but not original, call VFS where your wife attended interview and enquire why they took it and request them to return it.
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
2010 Clash of the TWINS Ouran High
hmehta
07-14 02:12 PM
Yes, that is partially true. But then again they have to prepare identical set of documents, paperwork for both of us - so they are charging for the amount they invest in that.
What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?
What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?
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martinvisalaw
03-24 01:45 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
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Winner
04-21 02:26 PM
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
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eb3retro
07-22 08:04 PM
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.
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Alabaman
09-18 11:23 AM
...People who go to IV will be redirected to LIV...
I think it would do us more good than bad if we change the name to reflect legal immigration. You'd be surprised that politicians and journalists might even use us to argue their postion of NOT being against legal immigration which would be cheap publicity for us.
I would prefer we qualify it further though... to reflect HIGH SKILLED LEGAL immigrants. HSLIV?
I think it would do us more good than bad if we change the name to reflect legal immigration. You'd be surprised that politicians and journalists might even use us to argue their postion of NOT being against legal immigration which would be cheap publicity for us.
I would prefer we qualify it further though... to reflect HIGH SKILLED LEGAL immigrants. HSLIV?
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dpuranik
07-25 12:04 PM
Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
I140 is filed by your Employer and you don't need to sign it. Your Employer has to sign I140.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
I140 is filed by your Employer and you don't need to sign it. Your Employer has to sign I140.
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godbless
07-18 09:08 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.
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smisachu
12-05 11:12 PM
I asked my attorney the following question. His reply is in caps:
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B
Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B
Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
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jnraajan
03-27 01:14 PM
Hey Dont Thank me. Thank IV, which is you and me and everyone else.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
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dpp
06-28 03:16 PM
This is a very common issue. Most of the times the HR title and job title and Labor title do not match.
I know it is a common issue for anybody. But if USCIS goes strictly, then it is a problem.
I know it is a common issue for anybody. But if USCIS goes strictly, then it is a problem.
girlfriend School: Ouran High
humsuplou
11-30 10:42 PM
Hi,
Can someone please kindly share their experince in this matter? I really need some advice.
Thanks!!
Can someone please kindly share their experince in this matter? I really need some advice.
Thanks!!
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chanduv23
03-16 09:22 AM
guys I am in a similar boat....unfortunately, my wife did not get matched this year because we were only trying for programs that sponsor H1....We have heard bad stories about J1.....but in that process she missed getting a residency spot this year......do you guys mind sharing which hospitals your wives are doing their residency at?.....any suggestions for us?....do they know of any open positions?
thanks
Lot of people seeking h1b with excellent qualifications and credentials could not make it this year. This may get even worse based on retrogression.
What is really happening is, most of residency application initial screening is done by residency coordinators. They don't know what is happening around. They follow protocols, say a program has 20 seats and 500 applications, they will filter based on citizen, GC and some H1b/J1 etc.... Now due to retrogression, a lot of h4 not having EAD or GC which was not case earlier as people keep getting GC or EAD and fall have more competition in the EAD/GC area, but now it is like, out if 500 applications alomst 300 would be h1b /J1 seekers and programs decide to filter a lot fo them and just interview a few. Out of few h1b/j1 seekers getting interviewed, many may have UK clinical experience (they are most preferred as they are considered a perfect fit).
On the other hand, a lot of h1b/J1 seekers have strong strong recomendations. Especially those doctors who have son's/daughters/nephew/relatives etc... all community hospitals fill up some of their h1b/J1 seats in this manner. And this is also a growing trend.
Some people join hospitals as research/observerships/externships and do their best to create an impression, and in some cases these candidates are considered for a resdency onn h1b/J1.
So, it is not a straight forward process.
You may try St Barnabas, Bronx Lebanon hospital, and other programs in Bronx, where some seats do get left out even till the end, and I have heard that if you keep persistantly approaching them and show interest they will consider if they have an option.
But overall, retrogression seems to be a main cause for flooding of H1b seekers in residency, this has made it relatively easy for GC/EAD/Citizen to get into residency programs without competition
thanks
Lot of people seeking h1b with excellent qualifications and credentials could not make it this year. This may get even worse based on retrogression.
What is really happening is, most of residency application initial screening is done by residency coordinators. They don't know what is happening around. They follow protocols, say a program has 20 seats and 500 applications, they will filter based on citizen, GC and some H1b/J1 etc.... Now due to retrogression, a lot of h4 not having EAD or GC which was not case earlier as people keep getting GC or EAD and fall have more competition in the EAD/GC area, but now it is like, out if 500 applications alomst 300 would be h1b /J1 seekers and programs decide to filter a lot fo them and just interview a few. Out of few h1b/j1 seekers getting interviewed, many may have UK clinical experience (they are most preferred as they are considered a perfect fit).
On the other hand, a lot of h1b/J1 seekers have strong strong recomendations. Especially those doctors who have son's/daughters/nephew/relatives etc... all community hospitals fill up some of their h1b/J1 seats in this manner. And this is also a growing trend.
Some people join hospitals as research/observerships/externships and do their best to create an impression, and in some cases these candidates are considered for a resdency onn h1b/J1.
So, it is not a straight forward process.
You may try St Barnabas, Bronx Lebanon hospital, and other programs in Bronx, where some seats do get left out even till the end, and I have heard that if you keep persistantly approaching them and show interest they will consider if they have an option.
But overall, retrogression seems to be a main cause for flooding of H1b seekers in residency, this has made it relatively easy for GC/EAD/Citizen to get into residency programs without competition
asterix
02-23 09:50 AM
50,000 visas were recaptured for Schedule A occupations - nurses and physical therapists. That is why both India and Philippines got more numbers in FY 2006.
The # for 2006 excludes schedule A recapture for nurses etc. Here is the breakdown
EB1 - 3K
EB2 - 3.7k
EB3 - 3.1K
EB4 - 0.6K
EB5 - 0.02K
Total EB - 10.7K
Schedule A - 6.7K
Am I missing something?
The # for 2006 excludes schedule A recapture for nurses etc. Here is the breakdown
EB1 - 3K
EB2 - 3.7k
EB3 - 3.1K
EB4 - 0.6K
EB5 - 0.02K
Total EB - 10.7K
Schedule A - 6.7K
Am I missing something?
IfYouSeekAmy
08-28 03:34 PM
Like Apume pointed out, if there is Good News on preadjudication, it will be posted on other web sites and forums too. I don't think IV has exclusive rights on posting these things. So you will get to know it one way or the other.
apume,
I am just asking why i lost my Donor Access? Not begging.
They opened a thread, "Good News on preadjudication"...I just wanted to take a look at it.
If you count how many people contributed more than me, you will not find more than 100 members. If top 100 contributers dont have access, who will have accesss to Donor Forums.... What is the freaking use? Why even have Donor Threads?
No Accountability results in No Credibility.
apume,
I am just asking why i lost my Donor Access? Not begging.
They opened a thread, "Good News on preadjudication"...I just wanted to take a look at it.
If you count how many people contributed more than me, you will not find more than 100 members. If top 100 contributers dont have access, who will have accesss to Donor Forums.... What is the freaking use? Why even have Donor Threads?
No Accountability results in No Credibility.
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