Wednesday, June 8, 2011

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  • sobers
    03-27 11:20 AM
    Talks about skilled immigration...

    Kudos to IV for all their efforts!!



    The Other Immigrants
    March 27, 2006; Page A16

    Lost in the heated debate about the future of millions of illegal laborers in the U.S. is that our system for admitting foreign-born professionals is also in tatters.

    While globalization has increased the competition for international talent, U.S. businesses are frustrated by processing delays, long backlogs and especially the failure of Congress to increase the annual limits on visas for skilled immigrants. The Senate Judiciary Committee is scheduled to resume its mark-up of Arlen Specter's immigration bill today. And the good news is that it contains long-overdue provisions for hiring more of the foreign professionals who help keep our economy competitive.

    Under Mr. Specter's proposal, the annual cap on H-1B guest worker visas for immigrants in specialty fields like science and engineering would rise to 115,000 from 65,000. Moreover, the new cap would not be fixed but would fluctuate automatically in response to demand for these visas. We don't think any cap is necessary. But if a Republican Congress feels it must impose one, the least it can do is let market forces have some say in the matter.

    Another important reform addresses foreign students who want to work here after graduating from U.S. colleges and universities. It doesn't make a lot of sense in today's global marketplace to educate the best and brightest and then send them away to England or India or China to start businesses and develop new technologies for U.S. competitors. But that's exactly what current U.S. policy encourages by limiting the employment prospects of foreign students who would rather stay here.

    Mr. Specter would let more foreign students become permanent residents by obtaining an advanced degree in math, engineering, technology or the physical sciences and then finding work in their field. It's unfortunate that the U.S. isn't producing more home-grown talent in these areas, and the fault there lies with our K-12 educators and their political backers who tolerate poor performance. The reality today is that the U.S. ranks sixth world-wide in the number of people graduating with bachelor's degrees in engineering. Jobs will leave the U.S. and our economy will suffer if bad policy limits industry's access to intellectual capital.

    Anti-immigration groups and protectionists want to dismiss these market forces, arguing that U.S. employers seek foreign nationals only because they'll work for less money. But it's illegal to pay these high-skill immigrants less than the prevailing wage. And employers are required to document their adherence to the law.

    According to a new study by the National Foundation for American Policy, our broken system for admitting foreign professionals also contributes to outsourcing. Since 1996 the 65,000 annual cap on H-1B visas has been reached in most years, sometimes only weeks into the new year. This leaves employers with the choice of waiting until the next fiscal year to hire workers in the U.S. or hiring people outside the country.

    "Many companies concede," says the report, "that the uncertainty created by Congress' inability to provide a reliable mechanism to hire skilled professionals has encouraged placing more human resources outside the United States to avoid being subject to legislative winds." Last week computer maker Dell Inc. announced that it hopes to double its workforce in India to 20,000 within three years. There's another such announcement by some company nearly every day.

    This weekend's big-city immigration demonstrations focused on the debate over the estimated 11 million illegals already in the country. But the U.S. labor market has also long been a magnet for highly skilled and educated foreigners, many of whom attend school in America at some time in their lives. In a world where these brains have more options than ever in Asia and Europe, we drive them away at our economic peril.





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  • canleo98
    11-11 09:56 PM
    I renewed my passport from Indian SF consulate by mail. I had send my passport in Aug 2010 with Notarized supporting documents like photocopies of driving license and H1B. I did not notarize passport photos. I got my passport back after 5 weeks without any problem. Hope this helps.





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  • GCNirvana007
    08-23 10:31 AM
    Guess we call it official - No one pending prior to Oct 1st 2003 EB2 as far as this site goes





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  • wam4wam
    03-06 01:35 PM
    i did not use the fax service

    i used the link from www.senate.gov

    i have always gotten response when i used that link

    Sen. Dewine is aware about the issue

    thanks



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  • LostInGCProcess
    11-06 02:47 PM
    Guys,
    I wonder if anyone has any info about this.
    A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.

    glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.

    Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.





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  • bbenhill
    12-02 08:33 PM
    Your stay status will be Parolee but your work status will be H1 so YES, you will be fine even if you used AP for re-entry.

    PS : I am not a lawyer but I entered using AP and have H1 as my working permit.

    Even if I used AP for re-entry to US?



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  • srinivas_o
    08-22 02:54 PM
    Bump





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  • piyu7444
    04-10 11:33 AM
    Hi Guys -

    I have a question about EAD and related to it is a question of re entry in US.

    I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.

    Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.

    Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.

    If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???

    It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.

    Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?

    Gurus - please help me here...........



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  • chaukas
    06-14 06:46 PM
    Isn't the Alien Number the A# on the I-140 ?





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  • gonecrazyonh4
    06-14 06:33 PM
    I have been filling up I-485 all day . Online forms sent from attorney but no help with topics. I am confused by these

    Visa Number - is this a number that is stamped on your passport when u entered US? My visa in passport expired long time back. I have my WAC number- is that what is required to enter?

    Alien Number - is this the I-94 number?

    anywhere i can find a sample I-485 filled in ?

    Appreciate any help



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  • gman
    06-19 04:00 PM
    As previously stated you have to maintain H1 status for the the spouse to be on H4. If you change status to AP/EAD then your spouse will be out of status. I am in the same position as you are. My PD recently became current and my wife filed last month I-485, AP, EAD. You can change jobs but new company has to sponsor/transfer your H1.





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  • bluez25
    08-23 01:38 PM
    Guys.. please look at this story. this guy's case was assigned to an officer who was no more with USCIS and got stuck for almost more than years......

    http://www.immigrationportal.com/showthread.php?t=261980


    Finally got his case approved after several calls to USCIS...


    Please stay on top of you case and make sure it is not put in a dead box like that....

    Good Luck guys



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  • elusive
    07-12 04:54 PM
    Thanks Very Much Anne,

    USCIS received the response packet today around Noon, Hoping to get 3 years extension and don't want to go through the pain of EE docs, end client letters, SOW,....at least for next 3 years ..well i forgot If I exit ti still remains a problem...



    You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.

    For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:

    1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
    2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
    3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
    4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).

    Hope this helps,

    Ann





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  • desitechie
    01-11 02:11 PM
    Hi,

    Thanks for this service.
    I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.

    Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.

    Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
    Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.

    If i use EAD and if my I-485 has any issues, what will be my status?

    Thanks for your help.

    If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.

    AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.

    I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.

    I personally used H1 transfer and AC21.



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  • GC_1000Watt
    12-03 04:50 PM
    Dude! Just go with confidence and you'll be fine. Have all the documents with you. Have your pay-stubs handy with you.
    I attended visa interview at Mumbai consulate during last week of Aug. 2010. I was asked questions on my client, my job responsibilities and was asked how does my H1B holding company supervises my work at client site.
    I was also asked to show my last 3 pay-stubs. Good luck!
    Thanks!
    Hello All,

    I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.

    Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.

    Thanks,
    GreenMe





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  • dixie
    02-12 09:58 PM
    If your PERM job description says the minimum qualification for the position is a masters in your major, AND you can furnish evidence that your masters course work/thesis taught you the skills relevant to your job then there should be no issues with EB2. A letter from your advisor/course instructor certifying the skills that you learnt as part of the course/thesis should be enough evidence on your part.

    Hi,

    Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.

    Thanks



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  • Macaca
    07-17 11:11 AM
    Here is my classic quote:


    Please accept my humble and sincere "Shame on You" compliment, if you fit all of the following:

    Have IV ID OR visit IV as guest.
    Been visiting IV forums for 1+ month.
    Have not contributed a single penny to IV. [MOST IMPORTANT]
    Will benefit (and/or ARE BENEFITTING) from IV.

    I wonder how you can live with yourself benefiting from the sweat of others.

    Please help yourself by contributing asap.





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  • billu
    08-24 07:27 AM
    it used to be that h4 visa period was counted as part of 6 years of h1b but not any more. But that is not a significant reason to stay on h4 visa.





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  • chantu
    03-11 10:36 PM
    I got my I140 approved today after the RFE I received last week. I checked online status today and it is now appearing that Approval Notice Sent. My employer sent the documents last week quickly. Now it is approved.





    lj_rr
    11-11 03:47 PM
    Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.


    My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
    1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
    House Lease Agreement.
    However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
    Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.

    2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
    Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
    Do I need to notarize both the photos from page 1 and page 4? Please clarify.





    theoyilma
    09-10 01:01 PM
    Thanks sbmallik

    If I was already on H1B right now, I know I would be able to extend my H1B visa until I get my green card. But, right now, I am on TN visa. And also I have finished the 6 years quota on H1B. So, I was just wondering if I can apply again for H1B. I have been on TN visa for about a year and half. I was just wondering, the fact that I haven't been on H1B visa for more than a year, would qualify me again to apply for H1B.

    Thanks again!!

    Theo



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