Friday, June 17, 2011

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  • logiclife
    01-05 05:08 PM
    As of late this morning have exceeded $6000. Its a start and we need to involve more people who are affected by retrogression.

    logiclife.




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  • plreddy
    08-20 12:51 PM
    My 485 was approved on 8/11/2008 , where as wife's case is still pending.

    PLREDDY




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  • kevnss
    03-20 12:35 PM
    You are right, here is the link to see more information about the rules..
    Please read A. Approved Form I-140 Visa Petitions and Form I-485 Applications and B as well on Page 2

    Link: "http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf".

    I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.




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  • abhisam
    01-08 11:37 AM
    I got it in a week, I got it from SF Consulate.

    wow..that was fast. did you go there personally? I am in Los Angeles and mailed it to the SFO office in December. No news yet.



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  • sundevil
    03-11 05:48 PM
    It does not become any less fraudulent if the employer participates in it. You are applying for a Green Card sponsored by an employer saying that employer needs you, without ever intending to work for them once you get it. Don't you see it. Its fraud.


    This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
    Lets assume the greencard is approved and can it be revoked if i never work for the employer.
    And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.




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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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  • NKR
    05-14 11:38 AM
    Morning is over. We all are in mourning since the bulletin went out...




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  • sk2006
    07-14 10:47 PM
    Hi,

    Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.

    Thanks,
    Sangeetha K

    Dear Sangeetha,
    For H1B you may not need exp letter.
    However for I140, you will and you can get experience letter from Ex-Colleagues or Ex-Manager. It worked for me.



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  • Ramba
    12-23 04:11 PM
    If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?


    No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.




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  • anindya1234
    06-01 03:25 PM
    I have already sent a link to this petition to my local Congressman and Senator. You can do the same...let other people know so that we can reach as many Senators and Congressmen as possible and convey our thoughts to them



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  • sargon
    05-11 12:45 PM
    You really scared me. My family is supposed to come via Delhi tomorrow. Please refrain from posting such threads.




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  • coolduggar
    05-07 02:33 PM
    What will happen to those who have already used AC21 if you suspect this rule is going to change and not favourable to us ?



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  • shana04
    07-21 09:05 AM
    Friends / Gurus,

    Please advice or suggest.

    Here is my situation, filed I 485 in July 2007 and No FP done.

    Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.

    And I waited this long and no notice has arrived for me and dates are current in Aug 2008.

    Today (July 21 2008) I called USCIS and used the following menus.
    2-6-1-(Enter Receipt Number)-1-1-3-1

    And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)

    Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.

    When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.

    Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.

    Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.

    Thanks in advance.
    Shana




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  • newuser
    08-17 12:10 PM
    For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.

    I agree with ashkam. If you renew online, you can get it for 4 years. But if you go in person to DMV, they will issue based in EAD.



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  • yawl
    05-11 10:50 AM
    It is just a TOOL to write to senators! No one force you to use their template, and you can and SHOULD write you letter!




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  • sparky_jones
    02-03 02:44 PM
    Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.

    It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.

    I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.

    Just my 2 cents,
    I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.



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  • hpandey
    06-07 11:27 AM
    Thx a lot. I was so scared abt tht. I already have a job luckily my previous employer dind't cancel my H1 so used it and joined in a new firm

    But these people started sendin' mails and callin' me so was jst scared will i have to loose tht money for nuthin' as well movin' from PHX to NY coseted me almost like $15000 more over tension in findin' a new job i was totally screwed for the past 2 months...



    Thanks a lot again i will contact DOL @ the earliest


    Why are you writing as if you are writing a text message ? Are you writing from a computer or your phone ? I have a doubt about your authenticity. When did you come to US. Is this your first employer ? If you are not new you should be knowing the answers to all these questions ..




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  • kondur_007
    09-17 09:38 PM
    I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.

    I am not a lawyer; but this is what I believe to the best of my knowledge:

    1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.

    2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)

    There is really no law that specifies the duration.

    All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."

    Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.

    Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).

    If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...

    Again, there is no clear law on this...

    followup post:

    I think there is a mix up here between two things:

    180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

    If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

    You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

    One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

    One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

    This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

    This is from my discussion in following thread:

    http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
    http://immigrationvoice.org/forum/sh...ad.php?t=20403

    Hope this helps.

    Good Luck.




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  • vicks_don
    04-18 03:04 PM
    thanks felix 31.

    I filed it last year oct in VSC. got an rfe last month. i haven't received any case transfer notice. I am planning to answer rfe to VSC. My recepit number starts with EAC.

    just one question.
    when you said it was filed with NSC and now transfered to TSC. apart from the recipt from NSC that your case is transfered what else could tell us that the case is transfered..like

    a) does the receipt number change
    b) when we input the previous number in uscis.gov does it say that your case has been transfered.

    Thanks for your reply.




    pd_recapturing
    08-22 04:11 PM
    I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
    Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?




    gparr
    November 25th, 2005, 09:45 AM
    The first one says "delicate, little flowers" better than the second one. However, as has been mentioned, both shots need considerably more depth of field to be effective. In fact, the second one doesn't work at all for me. As for the first shot, the blown out bloom is distracting. Some kind of diffuser would have helped even out the light. I always find it difficult to shoot these flower clusters because they require more DOF than you think, but it's hard to know when to stop so that the background stays out of focus and doesn't start to compete with the flower cluster. Try a series of shots starting with an aperture in the f/25 range and backing off in one-stop increments then evaluate the series to see which one works best. Also, try a shorter tube and/or just the lens, if it will focus close enough. Whatever you try, please post the results. This is the kind of photographic challenge I love and what you learn will help me, and others I hope, when the flowers bloom again in the spring.
    Gary



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