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  • nishant2200
    12-22 03:09 PM
    Dear President-elect and transition team,
    I am really excited by the change and new hope your administration is promising.
    My story is of a bright engineering student from India, who came to USA to study a graduate degree from one of the top engineering schools in USA. I graduated with a 3.6 GPA with a Masters degree In Computer Engineering and Electrical Engineering from top 10 engineering school, University of Southern California in 2004.
    I immediately joined a company, working in the Health care industry and providing software for many of the most large and research labs in the country, providing patient care to all parts of the country.
    We applied for a Permanent Residence visa in the Employment Based Second (EB2) category. I have not missed a single paycheck since nearly 4 years, paid all my taxes in February 2nd week latest each year. I have studied in a premier school of USA and contributed to research and studies for nearly 3 and half years there.
    There is a huge backlog of visas in the employment based categories. The backlog is in hundreds of thousands. There is a limitation of 120,000 visas each year, with a limitation of around 8400 visas for countries. This means countries like India and China which contribute the most to legal employment based immigration look at a wait of 6 to 10 years. In this time, we cannot take career decisions, are afraid to buy houses, are afraid to invest in 401k and retirement schemes, all life decisions come to a halt.
    During the past years, a lot of visa numbers were left uncaptured because of processing delays. Also, family numbers count for single visa numbers. And there is a per country numerical limitation which is unfair to countries like India or China. There is no consideration for applicants with graduate and PhD degrees in Science, Engineering or Math.
    Generally the illegal immigration gets all the focus, with us, legal immigrants, not even getting a mention. H1 visa category is chastised and in bad press, but we are all but a very few number of intending immigrants, who instead of taking jobs, are contributing to economy, legally residing and want to be a part of the great country. Many bills HR 5882, HR 5921 & HR 6039 are already in government waiting for action.
    Please help the legally employment based immigration group.
    Thanks,
    A law abiding, tax paying, hopeful.





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  • BrightSpark
    06-22 08:46 PM
    its was as$, but i think i'll kick you in the nuts instead so i can get away better :p





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  • priti8888
    10-16 06:24 PM
    How do we know we're stuck in the namecheck process?

    Does the on-line status state that the application is in the namecheck 'phase' or something to that effect?

    Thanks,

    NO..online status wont chnage.

    U can either call the 1-800 # or make an infopass appointment 4-6 Months after your first FP. If u plan to call, make sure u call 3-4 times because you might get conflicting info





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  • gcformeornot
    01-30 09:54 PM
    on both



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  • katrina
    08-01 06:04 PM
    Hi va-labor2002.
    I did a lot of research on this. If you would like to start recruiting AlliedHealthcare professionals let me know. May be we can work together.

    I'm in too :)





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  • waiting_4_gc
    07-18 12:24 PM
    Filed on July,3rd,
    USCIS received on July,5th.

    I checked with my attorney, they didnt receive my application back from USCIS; Not sure i should worry about it.



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  • bhatt
    03-14 08:31 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

    I get 404 error when clicked on the above url. Did they remove it ? is it again the same July 2007 fiasco ?

    Try now, it is back !





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  • jchan
    04-27 09:54 PM
    Yes, that is my understanding at this point based on the language . As soon as the bill goes into effect, you will need to stop working at the client site if the bill passes in its current form AND you are working as a FT employee (w-2) of a mere placement company (aka agent or desi consulting). If you are an FT employee of big consulting company then until they get waiver for you AND your current client proves that no layoffs were done at the client site in the last 180 days, you will need to stop working.

    I read the text again, and found that text is under 'Sub Title A - H1B Application Requirement', does that mean the new application has to meet the requirement but existing H1B holders are allowed to work until the end of their I-94 date? It would create a turmoil to stop all H1B contractor all in a sudden.

    Anyway, let's hope the professional analysis from Pappu and attorney come out early



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  • hydboy77
    04-15 02:14 PM
    does soft LUD mean RFE is comming or does it mean there are just pre adjudicating. Seems like a lot of people who got a soft LUD on 485 recieved rfe. Are there any people who had a soft lud on 485 but did not recieve any rfe.

    semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.





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  • snathan
    04-27 11:47 PM
    Agreed that this will throw out all the crappy body shoppers. This is what we need in future not to make it difficult for future h1-b or other people. We should infact support this bill as this will weed out many Indian Body shoppers and benefit everyone.

    This is nothing new but most of it is just implementing what is already in low. Thats my take on it.

    Throw your GC and become H1...then you will understand the meaning of this bill



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  • bugsbunny
    03-29 04:50 PM
    @vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.

    @bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff

    Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum

    Do you have a copy of the H1B application?
    It should show a lot of details about the employer and also as to who prepared the forms(attorney info if there is one)

    As i said if the company itself has done the work themselves with a full time attorney...then the company is fully liable...if the company has hired outside attorney...the company is still liable...but the outside attorney would also be liable for building fake cases.

    There is also a law that if the H1B employer has terminated your services before the estimated time your service was required then the employer has to pay you the transportation costs for your return home.

    Please read the following articles for information on the H1B process

    MurthyDotCom : Overview : H1B Visas for Temporary Professional Workers (http://murthy.com/news/UDtempro.html)

    MurthyDotCom : Overview : H1B Visas (Part II) � Wage and Record Keeping Reqs (http://murthy.com/news/UDrecreq.html)

    MurthyDotCom : Overview : H1B Visas (Part III) � 6-year Limit, Portability, Etc (http://murthy.com/news/UDh1iii.html)





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  • ita
    08-25 01:05 PM
    what about the home loans from ICICI bank.
    Which bank would be best bet to apply for home loans?
    Appreciate suggestion in this context.

    Thank you.



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  • anilsal
    11-13 12:01 AM
    Waiting for CIR bill for EB relif is not worthy. It will unlikley be passed in lame-duck congress, as t needs heavy conference. It may be the good idea to push SkIL bill or somesort of EB relief provison (like budget reconcilation bill last year) in other bills to be passed in lame duck period.
    Agreed, smaller ticket items while the big ones are being debated/reported in the media.





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  • mpadapa
    06-13 01:58 PM
    USCIS doesn't write the law they just follows the law. Excluding depends needs legislative fix. IV has been representing the "Exclude dependents" theme but it is not finding much traction with the lawmakers. Currently what is consensus among lawmakers are part of the 3 Lofgren bills. Let us call our House representative and CHC members and ask them to support the 3 bills.

    Everyone especially EB3 will benefit if the bills are passed.


    I think this is a valid point. We should request from USCIS to treat the employment base category same as other category. I am not sure that USCIS could fix this by themselves or they need any legislation.

    This will be a big relief for us and will fix our 50% backlog.



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  • GCard_Dream
    01-30 06:35 PM
    - from immigration-law.com

    After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
    The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.





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  • natrajs
    09-15 10:31 PM
    Recd the CPO E mail today @ 7 PM EDT - 9/15 from TSC

    EB2- June 04

    Attorney Sent a Letter to AILA liason on 8/20
    Called TSC on 8/27/ - Opened a SR
    Called TSC again on 9/3 - CSR told me that they sent a reply for the SR opened on 8/27
    Recd the SR - reply on 9/4/09 stating that " your Application processing is pending/delayed"
    Called Senator office on 9/9/09 and sent fax
    Called Senator office on 9/14/09 - Liason officer told me that it will take 30 to 60 days to get the response.
    Called other Senator office on 9/14/09 , Sent the fax
    Called again to II Senator office on 9/15/09, I was told to call back after 15 days to get the respose
    Called TSC again on 9/15/09 around 4.45 PM EDT, Talked CSR , So nice , she eve discussed about the weather , summer time events etc, I told her about the letter I have recd for my SR ( 8/29), she asked if it mentioned any time frame, And i told her "No", then she said it is very unusaul and tranferred my call to the officer,

    1st he told me the current processing time is 9/07/07 and my ND is 9/28/07 so my application has a 21 days lag, Then I told him that my application has mailed on 8/7/09, I also mentioned about the letter i received for SR, then he started asking questions about the receipt # and case details

    The the officer verified following details

    My first name,
    Last name,
    Address, Zip code, Door #,
    fathers first name
    mothers first name,
    4 Digit SSN

    and then told me that your case is under review with an officer from 8/29/08( Then I realized both of us had a Soft LUD on our application on 8/29/08) , I told him about that, the he said yes it is , it is related to the interal process. Then I asked him that What can i do now, He said, Keep your faith and finger crossed asked to me keep on calling USCIS TSC office every week to check about my case.

    I really don't know whether he is playing with me or what.

    what ever it is I got the CPO e mail @ 7 PM EDT

    10 Yr wait is over.

    Thank you all, I am not going away, Tristate leadership knows me very well, and I will be involved all the effort of the IV



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  • JazzByTheBay
    07-17 10:08 PM
    Let's pick up where we left off before this July 2 visa bulletin debacle (and the resulting struggle). Though the whole fiasco did get us our first taste of success, imho, and as such isn't insignificant by any measure.

    Jazz

    we seized on an opportunity and won a battle.
    the war is still to be one.
    there is no way this over. we will fight till retrogression ends.





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  • santb1975
    01-31 08:02 PM
    Keep voting folks. Dont let the question slide down





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  • rajagopal_04
    12-27 07:50 AM
    My wife went for H4 visa on Dec 19. I booked flight ticket on 28th. So it seems like I need to postpone the date by at least a week.

    Your comments are welcome...Thanks!!

    I am still waiting for the passport.:( I contacted both VFS and US consulate for status. Hope i will get it soon.:confused: Please someone who also waited long, could you post your waiting days, this would give me an estimate days i may need to wait. Thanks for your help.





    saurav_4096
    10-09 05:47 PM
    I have a valid H1 approval till 2011 and used AP for my previous india visit. Right now i am transfering my H1 to a new company.
    I asked my lawyer if i was on H1 status or not? She replied, Unitl you use EAD, i will be on H1B Status.


    and also we can transfer our H1 to new company also. thats what i am doing now.

    hope this helps!! and this was the answer from 2 lawyers which i asked.

    Duration for I-94 while entering on AP is same as validity for AP. I am not sure what will happen in the scenario below:
    A person on H1B validity for two years enters US on AP, which was valid for an year. He/She gets I-94 for only one year. in case person do not have any travel plan for next two year, will he be out of status after year as I-94 would have expird after one year and he/she kept working for H1B sponserer for two years.


    Another questuon is Does renewed AP also comes with new I-94, like H1B renewals?

    Saurav





    CreatedToday
    04-19 03:48 PM
    but please do let us know once you talk to a lawyer and get it evaluated.

    thanks
    Sheila

    Looks like this Sheila is in her new avatar, from 3 year degree people trying to make $$$ in others troubles! She threatened to sue IVians for exposing her tricks when she tried to advt her service in her posts, as friendly posts.

    USCIS does not buy her evaluation anymore. Go to her and lose your valuable time and few thousand dollars in addition to your I-140.



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