Saturday, June 11, 2011

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  • anilsal
    07-18 01:00 AM
    Guys, if you are suggesting that we should start work on each of these pending issues, then
    a) either you start working on them by joining the IV Local State Chapters or
    b) contribute ****from your heart*** to IV to do the noble work.

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  • TomTancredo
    11-27 07:21 PM
    From what I can infer from the replies so far:

    1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible

    2. For contract positions, eliminating the desi layer in between might help increase the rate.

    In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?

    You eliminate vendors based on what your expectations are as per the rate is concerned. You can not eliminate vendors totally because most of the large corporations go thru vendors , could be desi or otherwise .

    Having an EAD opens up more oppurtunities than on H1 , Its up to the individual how one wants to use/benifit from the oppurtunities.

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  • visshy
    09-12 09:06 AM
    My wife's ead expires 10/02/2010. We applied for renewal/extension in july and requested expedition which was rejected recently. My question is :

    Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?

    Please advice.


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  • InMess
    02-22 09:34 AM
    Hi Guys i need some advice/help on my I-140 denial.

    I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.

    So what are my options now

    1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
    2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
    3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
    4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
    5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.

    Thank you all for your advices and help.


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  • detroit2009
    07-10 10:43 AM
    ANYONE please!!!!

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  • nozerd
    02-01 12:40 PM
    Landing is when you formally enter Canada as a Permanant Resident.

    It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.

    Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.


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  • Nil
    06-14 04:28 PM
    "If a nation cannot be competitive when it accounts for nearly a quarter of world output, sits on abundant natural resources, has most of the world's best universities, and has had a stable constitutional system for some 200 years, a supposed shortage of computer scientists is the least of our worries."

    ".....if they (poorer countries) are to ever get richer. Bluntly, they need that brainpower more than we do."

    "And rather less bleating from employers in the richest country in the world that they are entitled to soak up global talent like a sponge."

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  • raysaikat
    03-06 05:47 PM
    Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.

    The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.

    Here is the exact language of the law from 8 CFR:

    "(iii) Criteria for H-1B petitions involving a specialty occupation.

    (A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:

    ( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;

    ( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;

    ( 3 ) The employer normally requires a degree or its equivalent for the position; or

    ( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

    (B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:

    ( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,

    ( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,

    ( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and

    (C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:

    ( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;

    ( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;

    ( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or

    ( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."

    More from USCIS:
    USCIS - H-1B Specialty Occupations and Fashion Models ( D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)


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  • va_labor2002
    06-16 09:07 AM
    You guys are too quick. I assume this is not an act out of impatience?

    Let us contact CNN News team. If everybody can send a letter same day,they will definitely hear us and listen to the issue. Can we do that ?

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  • chanduv23
    07-10 08:52 AM

    One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
    I think this is more of ignorance about EAD.

    Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.

    I 9 form does have i 766 as valid entry.


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  • srikondoji
    10-15 05:37 PM
    The way the government is trying to make money by first increasing H1-B fee and then adding premium processing and then adding I-140 premium processing, it looks like we are not too far from premium processing everything in GC(I-485 etc).

    They could introduce a jumbo offer for $20,000 and you get GC within few days.

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  • shana04
    02-15 02:24 PM
    If you have completed your 180 days with your 'parent' company.. then you are safe!
    It's safer to get H1 transfer as mentioned by seltzer above

    Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!

    I'm going through that process right now!

    Even though it cost you, I would prefer to keep one's own attorney.

    If not, you are repeating the same old story. What if you plan to move from this second employer...

    So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.

    Good luck.


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  • logiclife
    06-29 12:20 PM
    I am putting an extra freshly painted mailbox with a big bold name in red color and a message-- 'Put my greencard here' for the postman. :)

    Lets see how many years it will take for him to finally grant me my wish.

    Yeah. Why not put a red stocking (christmas stocking) in the mail box tagged "For Greencards only. Do not put pizza hut coupons in here. This is for USCIS approval notices and greencards only".

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  • dwhuser
    07-31 11:36 AM
    Thanks everyone, we had a wonderful trip and reached safely, no questions asked at POE (newark)


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  • go_guy123
    05-17 07:09 PM
    how convenient, she didnt need to pay or wait for CIR.
    Some people are only too powerful and influential that others

    Asylum is lot more easier. In fact citizens of Cuba just have to show up in US and they get GC. GC is infact easier for people from China as there is always an option to file for Asylum given the communist govt.

    In this case, though Obama said that course of law will follw. But ofcourse USCIS wont
    pursue the case agressively and give up ("throw the match") and not go for appeals etc.

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  • desi3933
    07-13 11:43 AM
    I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11

    Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.

    How did you "generate paystubs for wife"?
    Would you please explain.


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  • realizeit
    08-01 03:32 PM
    HR 5882 Counterpart Introduced in Senate by Hon. MENENDEZ


    Press Release of Senator Menendez

    E-verify portion of bill mirrors version passed overwhelmingly passed by House this evening

    Friday, August 1, 2008

    WASHINGTON� U.S. Senator Robert Menendez (D-NJ) yesterday evening introduced legislation to renew the electronic system for employers to check the documentation of prospective employees, and to ensure that unused work or family-based visas are utilized. The Visa Efficiency and E-Verify Extension Act of 2008 will help American businesses and will protect family unity by reauthorizing the E-Verify program, recapturing unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allowing unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year. The E-Verify portion of the legislation mirrors E-Verify legislation passed this evening in the House of Representatives by a 407-2 vote.

    Senators Patty Murray (D-WA), Ted Kennedy (D-MA) and Maria Cantwell (WA) joined Senator Menendez as co-sponsors of the bill. The proposed legislation would shorten the long lines of families and employees currently waiting to receive green cards.

    �Verifying that workers have their proper documentation is certainly important, and this bill ensures we are doing that while being fair to families who have waited in line for years and have paid their visa fees to reunite with their loved ones,� said Sen. Menendez. �We must couple the E-verify effort, which is good for business, with policy that is also good for families � it fits with our American value system and is a step towards fixing our broken immigration system.�

    Summary of The Visa Efficiency and E-Verify Extension Act of 2008:

    Recapture of Unused Visas: This bill recaptures unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allows unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year.

    Extension of the Conrad State 30 Program: The bill extends the Conrad State 30 program for 5 years to June 1, 2013. The Conrad State 30 program was designed to provide each of the fifty U.S. states with 30 waivers for J-1 physicians each fiscal year.

    Extension of Religious Worker Program: The bill requires DHS to issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for individuals working in a religious vocation or occupation. The bill extends the special immigrant non-minister religious worker program to October 1, 2011. Under this bill, the DHS Inspector General shall submit on the effectiveness of the regulations to reduce fraud by 2010.

    Reauthorization of E-verify: This bill also reauthorizes the Department of Homeland Security�s (DHS) Basic Pilot electronic employment eligibility verification program, also known as �E-Verify.� This legislation provides for a 5-year extension of this program for the electronic employment verification of employees.

    Protection of Social Security Administration Programs: This legislation requires DHS to provide timely and appropriate payments to the Social Security Administration so that E-verify does not interfere with SSA�s ability to serve seniors, people with disabilities, and survivors.

    Government Accountability Office (GAO) Study of Basic Pilot Confirmation System: This bill requires the GAO to report to Congress on the causes of erroneous tentative nonconfirmations, how they are remedied and the effect they have on individuals, employers and federal agencies. It also requires the GAO to examine the experiences of small businesses, non-profits and municipalities with using Basic Pilot.

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  • capriol
    05-15 04:15 PM
    I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.

    Dear Shidsar:
    this is more of a question for you: Are you then one of the lucky ones from EB2-I to have got your GC when PD's became current for a brief while last year? Lucky you.

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  • Karthikthiru
    07-18 01:14 AM
    We all should organize and fight for Recapturing the VISA numbers and also for SKIL bill


    10-09 03:04 PM

    Last year in March end I had an opportunity to go for business trip to Frankfurt, it was technical conference of my company. Just 5 days before the due date, my H1 was to expire. Thanks to this moron in my HR, the whole H1 renenwal was delayed to just 2 weeks before expiry. We paid extra to expedite the H1 renewal, fixed Visa stamping/interview apointment at Ottawa, ON same week as we applied for visa renewal. In-fact I had apointments paid for two consecutive days(friday and monday), just in-case the documents do not arrive on time. And they didn't ( aka Murphy Law) till saturday. So headed out on Sunday to Ottawa from MI. arrived Monday morning, got the visa extended next day. Arrived back in office on Wednesday morning, sent all the documents to Chicago consulate office, with same day delivery. Anxiously awaited to hear-back till Tursday afternoon. Started frantically calling consulate office on Friday Morning. Believe it or not someone did returnback my repeated calls and complained about why I was calling everyone in office and in future try to send application atleast 1-2 weeks before travel. My flight was booked for Saturday 3:00 pm in afternoon and believe it or not I collected my passport with visa at noon!!!:rolleyes:

    P.S: Trip was great and in-fact also got chance to visit Paris!!!:cool:

    04-13 01:32 PM
    it is nice to see people with older priority dates are getting approved. At least USCIS is working in proper order rather than in wild pattern

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