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  • reedandbamboo
    08-29 12:54 PM
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  • manderson
    05-21 02:10 PM
    ...only problem is they care only about H1:

    US-India visa row overshadows Doha talks

    By Alan Beattie in London and Jo Johnson in New Delhi
    Published: May 17 2007 17:52 | Last updated: May 18 2007 03:23

    Tentative signs of progress among the four core negotiating partners in the so-called �Doha round� of world trade talks have been overshadowed by a row over US visas given to Indian information technology workers.
    Two days of negotiations between the US, the EU, India and Brazil began in Brussels on Thursday, as officials said talks had accelerated from the sluggish pace they have shown for most of this year.

    But Kamal Nath, Indian trade minister, warned that US reluctance to allow Indian IT workers to enter the US on highly skilled �H1-B� visas jeopardised progress. Seeking to shift the emphasis away from India�s intransigence about exposing its farmers to international competition, Mr Nath said a failure to increase the H1-B quota would deny India the export gains it needed to make a deal.
    Echoing language often used by the EU and the US, he told the FT on Wednesday: �We agree that the talks cannot move forward with agriculture alone. Our services interests must be satisfied for progress to be made.�
    Delhi reacted angrily this week to a letter sent to Indian IT companies by two US senators, alleging fraud and abuse in the H1-B programme. Charles Grassley and Richard Durbin, members of the Senate subcommittee on immigration, said the visas were being used to undercut US workers with lower-paid foreign employees.
    In a letter to Susan Schwab, US trade representative, seen by the FT, Mr Nath said that the approach, which was not made through the office of the US trade representative, was surprising and unwelcome.
    �Such direct intervention by US senators would only create uncertainties in the minds of these companies and undermine business confidence, especially in the current negotiations on services,� the letter said.
    So great is demand for H1B visas from Indian IT companies that this year�s quota of 65,000 was filled in a day. An Indian commerce ministry official said on Thursday that India wanted the annual cap lifted to 115,000.
    A USTR spokesperson on Thursday declined to comment on either the senators� letter or the negotiations over visas in the Doha round.
    Officials and ministers expressed some guarded optimism ahead of this week�s meetings of the four negotiating partners, though remained non-committal about the substance of talks. Ms Schwab said that some issues, including access to the agricultural markets of developing countries, a key demand of the US, had further to go than others.
    The rest of the World Trade Organisation membership, among whom frustration with the �group of four� has been rising, has been trying to increase pressure on them to make the trade-offs necessary to achieve a framework agreement before the traditional WTO summer break in August. �They are moving, but whether they are moving fast enough is another question,� a trade official said.
    Crawford Falconer, the New Zealand ambassador who chairs the farm talks, last week released the first of two papers setting out the terms for a possible deal.





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  • techysingh
    01-15 10:17 AM
    You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.

    Here is my story. I am writing it for the benefit of all IV people in similar situation.

    I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.

    Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.

    I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008

    Now this scenario had a few gochas in it

    If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.

    In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.

    This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.

    Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
    All the best





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  • jayleno
    04-25 07:11 PM
    Hi,

    I think you should be fine. Like everyone tells...in such case an attorney is the best person to contact. Take a second opinion also. If you need something before that to calm you down...here is what I think. You are only counted towards the cap once in 6 years. So you can get another h-1 with a new company based on this approval and you are not subject to cap this time. You need to be employed once your h-1 starts. So you have time till then.



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  • chanduv23
    01-09 05:20 PM
    Try asking an Attorney and see if your wife can invalidate her h4 status by traveling and re-entering through AP at POE?

    A quick trip to Canada can solve this problem?

    This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.





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  • psaxena
    03-03 03:17 PM
    May be later will have the PD for the namecheck and FBI Name check bulletin. Then will all discuss to propose a new bill to reform FBI Name check retrogression(ofcourse at the same time fighting about caste/Race/Color/blah blah)

    IV admin please make a section for the entry of the FBI NC PD also.:D:confused:



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  • Kodi
    07-14 12:28 PM
    I was looking at the discription but couldn't figure it out. Which category does parents fall into? Does anyone know hot long it takes for parents to receive GC under ROW?





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  • go_guy123
    07-14 12:45 PM
    I am aware of that backlog but just want to apply as a backup. I just want to know if applying for I 130 while I 140 is approved is there any conflict ?

    No issues. You can have EB, Family based and Diversity lottery GC (if applicable) simultaneously.



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  • naveenk
    07-22 08:34 PM
    hi all,

    I am EB3 with PD April 06/ I-140 Approved / Applied I-485 and My Employer is shifting the offcice from One state to other state. Does it have any affect on my 485 petition..?? Please respond back with some information

    Regards,
    Naveen





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  • priti8888
    08-01 07:59 PM
    guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..

    The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....

    She has so much power, she should lobby for visa recapture



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  • arnet
    09-08 01:37 PM
    well spoken....thanks to Shilpa and for IV/IARC. she highlighted all the problems/solutions even abt SKIL bill. well done.......





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  • cygent
    04-03 04:03 AM
    It is not that I want to ask many questions.

    It is just that I want to prepare for the consequences. Also, this information could be important to somebody else in the future, I am not thinking just about myself, so please understand & respect that.

    Thanks for your help!



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  • PresidentO
    02-07 01:21 PM
    Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.

    That schedule A category is long gone and PT's from every where are now just EB-3.





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  • Desertfox
    08-01 12:14 PM
    You will be considered as an eligible non-citized once you have used your Advance Parole (obtained by filing I-131) to return to US after foreign travel. Your I-94 will have a parolee stamp, and you will need to submit that to the financial aid department of your school in proof of your "Eligible Non-citizen" status.

    Once you have the parolee stamp on your I-94, file FAFSA online and your school will be notified as soon as they process your application. You will then contact the financial aid department at your school and submit a copy of your parolee stamped I-94. The process was very easy and quick at Arizona State University for my spouse.

    Hope this helps.:)



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  • statuslaw
    01-31 12:03 PM
    I got an email from DOS (TRTClearanceResponses@state.gov) as follows:

    Dear XXX

    We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:

    o This request.

    o The notice of suspension TRT/NIV-13(A) received at your interview.

    o Your passport (must be valid for at least 6 months from today�s date).

    o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).

    o A self-addressed, prepaid Canada Express Post mailer.

    o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.

    o NO electronic items, food or liquids.

    It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.

    Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?

    Thanks!





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  • Berkeleybee
    04-08 02:56 PM
    Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.

    It takes years and months to get a request fulfilled under FOIA. In this administration, run of the mill govt agencies have been given even more latitude in fulfilling FOIA requests -- forget about the DOS and its response to FOIA requests. Perhaps I didn't make myself clear -- even other agencies within the government who don't need FOIA are unable to make this happen. Do see the magnitude of the problem?

    The only way to break the logjam is through political pressure.


    Again, I'd say, please don't assume the IV people who have been working on these issues are naive or lack information. ;-)



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  • mariner5555
    05-17 09:32 PM
    Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.

    IV'ans - Please refrain from any suggestions towards this
    though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
    Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.





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  • dealsnet
    01-13 02:12 PM
    You can amend the same petition. Tell your company to contact a lawyer to do that. They need to pay $200 fee and lawyer fee. May be needed new LCA for latest salary requirement. With the amended approval, you can stamp for the visa.
    You can say studies (advanced) or sick (family or you ) as the reasons for not take up the position.

    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex





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  • gcwait2007
    12-21 08:23 PM
    Friends,

    I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.

    I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.

    I look forward for your advice,

    Thanks in advance





    Bpositive
    03-05 01:22 PM
    DO they tell you to reschedule the appointment or just ask you to come with FP notice by doing walk-in after it heals. Also do they put a note in their system that you could not give the FP because of so and so reason. Also anyone knows what Boston ASC does , whether they permit walk-ins during the week.

    You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.

    Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.

    Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed





    sriharirag
    07-16 10:47 AM
    Here is the full article.

    >>>>>>>>>>>
    U.S. to Reverse
    Some Denials
    Of Work Visas
    By MIRIAM JORDAN
    July 16, 2007; Page A2

    Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.

    Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to compile paperwork and meet other requirements such as medical exams. Normally, eligible employment-sponsored workers wait years for their numbers to be called.

    Then, July 2, as applications poured into processing centers, the State Department announced in a bulletin "update" that no employment-based immigrant visas were left for the fiscal year ending Sept. 30 because of "sudden backlog reduction" by U.S. Citizenship and Immigration Services. USCIS announced it would reject applications that it received.

    People familiar with the situation say that officials are working out the final details of a plan that would at least partially rectify the problem.

    It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach.

    The July 2 decision provoked outrage among immigration lawyers, foreign workers and their employers. July 5, Microsoft Corp. announced that it plans soon to open a software-development center in Vancouver, Canada, with a view to "recruit and retain highly skilled people affected by immigration issues in the U.S." The announcement sent a clear signal to the government of the high-tech industry's dissatisfaction with the visa situation.

    July 6, a large Chicago immigration law firm filed a lawsuit seeking class-action status against the government. Separately, the American Immigration Law Foundation, a nonprofit group, said it will file this week its own suit seeking class-action status.

    Meanwhile, disgruntled green-card applicants cried foul, saying they had been unfairly treated by the government despite playing by the rules.

    July 10, they registered their disappointment at the immigration system by dispatching hundreds of flower bouquets to the office of U.S. Citizenship and Immigration Services chief Emilio Gonzalez.

    The next day, Rep. Zoe Lofgren (D-Calif.), whose district includes Silicon Valley, sent a letter to Secretary of Homeland Security Michael Chertoff requesting "all correspondence, emails, memoranda, notes, field guidance or other documentation" leading to the immigration system's about-face July 2.

    The problem may have resulted from a communications breakdown between the State Department, which issues a monthly bulletin detailing who is eligible to file a green-card application, and USCIS, which processes the visa applications. The State Department has said that its role is to ensure that every visa slot available is used. In the past, however, the immigration agency has failed to use all of the slots.

    Write to Miriam Jordan at miriam.jordan@wsj.com



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