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  • kshitijnt
    06-11 02:30 PM
    I dont know about other IT like SAP etc, but software and hardware majors like Microsoft, Intel , Cisco, Yahoo, Google are facing tremendous shortage of skilled labor. For eg:

    My wife recently graduated in CS. At the career fair, if the companies declared they wanted to get resumes only from Citizens and GC holders, their booths were empty and were waiting for people to turn up to them. If they allowed F1 students, there used to be a big queue and even the citizens were happy to be part of the queue. Bottomline is in addition to skills its also company culture. Companies that dont discriminate by visa types grow faster and have better work cultures.

    Also in a graduating class of 100 people, there were barely 5-6 white or african american citizens, 5-6 Iranians, 5-6 others, rest were Indians and chinese in ratio of 60 to 40 pecent.

    When it comes to PhDs there were suprisingly again higher number of US citizens and chinese but very few indians which led me to think that americans go for higher education in very small numbers or their number is small in graduate school but they go all the way up and complete PhD. Where as most Indians and chinese drop out after MS which is good but not really innovative research.





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  • Libra
    09-15 08:32 PM
    All east coast people should not miss this opportunity, this is the only chance to get things straight. com on guys, if you can't take one day off, no one will give you GC in years. when people are coming from wahsington, why can't you? change your mind, you have other four days to make up your hours at work





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  • neverbefore
    08-16 02:40 PM
    Hi,

    I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.

    Thanks.

    My experience at H1B stamping was that they canceled all my previously stamped visas and wrote/stamped "CWP" or "Canceled without prejudice" on them





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  • meridiani.planum
    06-19 03:54 PM
    Hi,

    I am posting this on my friend's behalf. Here's his situation:

    a) He's on H1
    b) Applied for 485 / 765 / 131 through his employer.
    c) Still on H1; EAD & AP approved.
    d) Priority date no longer current for 485
    e) He gets married.
    f) Wife comes to US on H-4.
    g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
    h) Another thing is, she is also interested in working but can't do that on H-4.

    Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.

    Please let me know if it's possible to add the dependent regardless of PD being current or not.

    Thanks in advance.

    She cant file her 485/EAD/AP if the spouse's PD is not current.

    her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).

    However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.



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  • Sandeep
    01-23 09:14 AM
    DO we guys have a plan, a project ?
    How we want to approach these critical subjects ?
    How are we using the funds ???
    The reason why I am not contributing is I dont know where the money will go or is goin right now ????
    -First of all I am happy to note that you said WE guys not YOU guys.
    -Yes, we have a plan. To put it in generic terms, what we have to first do is to get professional help. Over the last 2 weeks, guys have taken pains to come on their personal time and money to D.C. to listen to and decide on such an organization. Not to mention the numerous telecons in which many of the volunteers have participated. On top of that we are launching on a membership drive to let people know of this organization. We are also planning on having a coordinated organized approach to meeting lawmakers.
    -The funds would be primarily used to get such a professional organization. A little bit of it may be required for other purposes like say the PR /getting the message out
    -The money as of now is not"going" anywhere - it is being collected for the uses I described above. Note that all the members have been spending from their pockets for all the meeting/visits I described above. Be assured that none of us are doing this for monetory reasons - in fact all we are getting is lesser time for our families and a lot of hard work.
    -Unless people start contributing there is no way that we can do any of the activities mentioned above. To wait for the full details of the actions makes no sense for me. If I knew all these steps, why would I hire a strategist?! Also if people are not willing to contribute the money/ not do anything, how much committed are they to the cause?
    If you want me to call and explain this, send me a PM with your phone number.





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  • punjabi
    01-07 10:11 AM
    I don't know about Texas, but we live in CA and my wife (dependent on I-485) claimed unemployment benefits for about 3 months last year. We got a notice from EDD (Employment Development Dept) to send them a copy of EAD (for Alien Number) so they can let USCIS know that she has claimed unemployment benefits and if she is eligible in terms of immigration status.

    A couple weeks later, we got another letter from EDD saying that after considering the decision from USCIS, you qualify for the unemployment benefits and your compensation per week would be so and so, etc.

    (We have no idea what they actually asked USCIS and what USCIS answered them but nevertheless, they had a communication with them.)

    Hope it helps.


    Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.



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  • popoye
    04-27 12:28 PM
    receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.





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  • lermitthefrog
    06-07 03:06 PM
    TGG Team is a team that makes games. It stands for "that game guy", which is the nickname of the team leader. It has only started a few weeks ago. So far the team is just a forum, working on a story. I hope you will join the site later on.



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  • vvpandya
    05-18 05:51 PM
    Bender's Immigration Bulletin (http://bibdaily.com/)





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  • inskrish
    08-13 12:17 AM
    Dhagala lagli kala... GC themb themb gala...

    English translation please.:D



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  • Cranberry160
    12-02 12:20 PM
    Miamikk,

    I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!


    Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

    I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

    Thanks!





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  • prdgl
    02-12 10:27 PM
    Thanks a lot.

    The reason is I cannot show my 2.5 yrs of experience which i have with my current employer who is filing my LC. I am desperately trying to show MS+x yrs of experience so that its easy to get through

    Thanks



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  • indianoverclocker
    07-01 05:31 AM
    Thanks :)





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  • msp1976
    12-22 02:02 PM
    What happens in someone is not at the address and he does not receive any communication regarding the jury duty.


    Well...If the judge happens to get enough jurors at the time he/she might not issue an arrest warrant ....If the judge issues the arrest warrant and the local police cannot find you, the warrant just sits there....There is a national database for outstanding warrants...When someone gets caught doing something else, they look up for the outstanding warrants..Then I guess they would hand you over to the police where there is an outstanding warrant for you. Otherwise the warrant just sits there..You would need to explain to the judge that you are not eligible for jury duty and explain the situation and the judge might expunge the record.....You would spend some hard earned money doing that...

    The whole thing might degenerate into 'My Cousin Vinny'.

    You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
    I don't think that the immigration people look into the outstanding warrants...



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  • virtual55
    05-03 09:01 AM
    ^





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  • meridiani.planum
    06-29 03:27 PM
    inline...

    I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.

    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.

    No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.

    2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?

    If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)

    3. Can I file for a new PERM at that time and get an extension based on that?

    Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)

    4. Do I need to refile I-485?

    If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.



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  • vine93
    03-04 11:01 AM
    These type of memorandum every officer will know immidiately. Remember earlier many people posted in this forum when they called for Infopass appointment officer wasn't aware of any such ruling that he needs to approve I-485 if FBI Namecheck pending more than 180 days.





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  • nb_des
    02-13 10:01 AM
    You can simply use the tuition fees deduction on the front of the 1040 return. It will reduce your adjusted gross income. I have been using it for deducting my sons tuition for three years.

    Yes, but it can only reduce your taxable income upto $4000. For those who are spending larger amounts towards education in graduate studies lifetime credit in my opinion is better option.





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  • sunnymit
    05-24 09:20 AM
    Nobody wants to 'predict'? Or people are interested only in seeing the real data!

    I guess everyone is just tired of making wrong guesses...





    sathishav
    03-01 02:07 PM
    If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.

    I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.


    http://www.myvisajobs.com/Document/YatesMay05.pdf

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
    485 that has been pending for 180 days or more, the following procedures should
    be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
    it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If additional evidence is necessary to resolve a material post-filing
    issue such as ability to pay, an RFE can be sent to try to resolve the
    issue. When a response is received, and if the petition is approvable,
    follow the procedures in part A above.





    h1-b forever
    01-04 08:29 AM
    Immigration legislation in Congress ended on a sour note in 2010. The DREAM Act, after narrowly passing in the House of Representatives, failed to get the necessary 60 votes in the Senate required to overcome a threatened GOP filibuster. Comprehensive immigration reform never even came to a vote in the last Congress.

    What will the outlook be for immigration legislation in the 112th Congress which convenes beginning on January 3, 2011?

    The biggest change will be in the House of Representatives where the majority, and the committee chairmanships, will change from Democrats to Republicans.

    Representative Lamar Smith

    Lamarsmith The new Chairman of the House Judiciary Committee will be Representative Lamar Smith (R-TX). On December 9th, Rep. Smith outlined his priorities for immigration policy as follows:

    "The enforcement of our immigration laws is critical to the security and prosperity of our state and nation. The House Judiciary Committee should enact policies that will better secure our borders and discourage illegal immigration, human smuggling and drug trafficking.

    "In the past five years, more than 28,000 people have been killed along the border because of drug-related violence. That includes more than 1,000 law enforcement personnel who have died.

    "Without increased border security, we risk letting drug-related violence spill over the border. American citizens should not have to fear for their lives on U.S. soil. If the federal government enforced its immigration laws, we could better secure the border and better protect U.S. residents.

    "Texans also should not have to compete with illegal immigrants for scarce jobs.

    "According to the U.S. Bureau of Labor Statistics, one million citizens and legal immigrants currently are looking for work in Texas. At the same time, according to a 2010 Pew Hispanic Center study, there are one million illegal immigrants working or looking for work in Texas. That is unfair to legal workers.

    "Worksite enforcement efforts have fallen dramatically since President Obama took office--administrative arrests are down 79 percent from 2008, criminal arrests are down 62 percent, and convictions are down 70 percent. That means it is easier for illegal immigrants to keep jobs that rightly belong to U.S. citizens.

    We could free up millions of jobs for Americans and legal immigrants if we enforced our immigration laws against illegal workers..."

    Rep. Smith supports:

    * State and Local Enforcement of Federal Immigration Laws (H.R. 4471)
    * Mandatory E-Verify on Employers (H. Res. 1026)
    * End to Birthright U.S. Citizenship (H.R. 1868)

    He is staunch opponent of Comprehensive Immigration Reform and the DREAM Act both of which he refers to as "amnesty". In 1996, he unsuccessfully attempted to greatly reduce the number of legal immigrants to the U.S. He was the chief architect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law which imposes penalties on immigrant families and strips thousands of immigrants of their ability to appeal the decisions of the USCIS and the BIA to the Federal Courts.

    Where does Rep. Smith stand on legal immigration?

    He has voted against increasing the number of employment-based immigrant visas. He believes that the number of refugees admitted to the U.S. is too large, and he opposes the visa lottery.

    Representative Steve King

    The person likely to become the Chairman of the House Immigration Subcommittee is an immigration restrictionist with enforcement-only voting record.

    Representative Steve King (R-IO) agrees with Rep. Smith on the need for strong border and workplace enforcement, mandatory e-verify and ending birthright citizenship. He believes that it would be easy to increase border security by such means as electrifying the border fence. As he recently stated in the House chamber: "We do that with livestock all the time."

    What does Congressman King have to say about legal immigration?

    "Immigrants have made, and will continue to make, a valuable contribution to our nation. I will work to develop an immigration policy that aids inSteveking the assimilation of newcomers by ensuring that the United States does not admit more immigrants than it can reasonably accommodate. Assimilation is valuable to immigrants who benefit from our shared American culture of personal responsibility, freedom, and patriotism. The values shared by our civilization, founded on a heritage of western civilization, religious freedom and free enterprise capitalism, serve immigrants and native-born alike. I am concerned that the recent rise in immigration levels in this country will make it difficult for newcomers to assimilate and find jobs. We must ensure cultural continuity for our great nation."

    Conclusion

    So, should immigrants and their advocates give up on the idea that any positive immigration legislation will be signed into law during the next two years?

    Not so fast.

    Members of Congress, whatever their ideology, must represent the interests of their constituents.

    You may be surprised to learn that Rep. Smith once voted to increase the H-1B cap. Of course, one of the largest computer companies in the world has a plant located in his district.

    When Rep. Bobby Rush (D-Il), a former Blank Panther from the south side of Chicago, pushed for a special bill to allow a hospital in his poverty-ridden district to employ foreign-born nurses, Rep. Smith agreed to co-sponsor a bill with him which created the H-1C program for RNs. And although only a handful of hospitals across the country met the law's strict criteria, some of the qualifying hospitals are located in Rep. Smith's district.

    And when a hospital in his district desperately needed to hire a Canadian physician, Rep. Smith introduced an amendment to the immigration laws in 1991 which lifted the ban on foreign-born physicians being able to qualify for H-1B visas.

    So, perhaps the door is not completely closed to any positive immigration legislation in 2011 and 2012.

    Time will tell.

    From Carl Shusterman blogs



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