Saturday, June 11, 2011

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  • susie
    10-31 01:47 AM
    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.

    maybe you can re finance your biz and invest the $500,00 and not actually sell the biz, then apply for EB5, once the case is in process you are legal to stay till decision





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  • mikemeyers
    11-07 04:34 PM
    if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.

    good luck!!!

    Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.

    What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??





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  • chanduv23
    01-09 07:31 AM
    ^^^^^^^^^^^^^





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  • meridiani.planum
    01-18 01:13 PM
    Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.

    its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?

    If this is a just a theory, then check your facts first, before you claim "the possibility is real".



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  • desi_scorpion
    08-10 12:01 PM
    Called the NSC on wed and today....and was told that I need to wait 90 days from the date of submitting the 485 to receive a receipt number. Expecting something similar in todays update.....thats a pretty long wait.





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  • realizeit
    08-18 11:26 AM
    Few months back, I used AC21 to move from my previous employer to current. Before doing that I contacted a senior attorney at murthy law firm with all my questions. You can take such an appointment with murthy law firm or other major law firms and ask your questions.

    In my case, both titles are different: it changed somewhere from Programmer to Project Leader. Title does not matter. The job description should be similar and the job should fall into the same occupational classification - it need not be the exact same job code. As classification is very broad, you have the option of pretty wide job changing possibilities under the same classification. We can even take promotions using AC21, if the job classification is same.

    So, please don't become a victim of those folks who advice you based on limited knowledge. Contact a reputed attorney for the right information. For me it costed $200 for a 20 minute appointment with a senior attorney at Murthy law firm.




    Guys,

    I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..


    Description in Labor

    Occupation Title in Labor - Comp. and Info. Systems Manager
    Job Title - Information Technology Project Manager

    Job Description in Labor:
    Plan and direct information technology products and software application
    development. Technical environment includes ERP/CRM: Oracle Applications, Web
    Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
    Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
    DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
    Visual Basic, CICS,Weblogic and Websphere.


    New Job

    New Job Title - Lead Application Integration Specialist

    Job Description:

    Plan and direct information technology products and software application
    development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
    Designer, Eclipse, Xml Spy



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  • robert5156
    07-26 11:56 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.





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  • prasadn
    07-14 07:30 PM
    Can someone please confirm the renewal fee required for EAD application (I-765).

    My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
    However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.

    My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.

    In 2008, I paid the renewal fee when I applied on my own.

    My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do

    1. Is there a chance that my EAD application will be approved without fee ?

    2. Should I just send checks and write cover letter on why fee is required ?

    3. Should I send another application, but this time with the fee ?

    Should I

    From my understanding, if you filed for AOS after August 17th, 2007, you fall under the new fee structure and you don't have to pay AP/EAD renewal fees. Otherwise, you will have to. If I were you I would re-submit the application with the proper fees rather than waiting for USCIS to sit on the application for a few weeks and reject it.

    Thanks
    Prasad



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  • senthil1
    04-08 02:15 AM
    I think all the issue will be resolved if number 5 is done. No need for H1 extension, and even there is a in efficiency in USCIS you can get gc within 3 years if they double or triple EB quota. So no need to meet President just meet Congressmen and try pressing them to increase EB quota.

    Can we get an appointment with the President and explain the problems faced by EB immigrants....

    1. Travel restrictions (no travel during H1 extension etc..)
    2. Driver license issues
    3. Wasted Visa numbers
    4. Inefficiency of USCIS
    5. Need to increase EB quota

    I know that law makers should make these changes, but President has a strong voice and if he hears our pathetic position, he may do something, just a hope :rolleyes:





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  • Berkeleybee
    03-07 02:35 PM
    Hi,

    A while ago on one of the conference calls, if i remember correctly, it was mentioned that there wud be a team of ppl who would be aggressively calling up people and ask them to join.

    First off am i correct? If i am correct, I was wondering if the same team could look at the contributions from the various members and call the "dormant" members up and ask them why they are apprehensive to contribute.

    Eb3_nepa,

    What volunteer team are you on?

    How about helping or taking the lead on this?

    Contact Jay jay@immigrationvoice.org who heads our membership drive team.

    Everyone -- if you've got an idea, find out if it is already being implemented, and join in the effort. If it isn't take the lead and implement it!

    best,
    Berkeleybee



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  • ksrk
    06-02 03:51 PM
    Hi,

    I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.

    Now -- I need to change employers as my employer is asking me to become full time from consulting.

    2 questions:
    1. Can I use this extension to change employers?

    2. Can I start the GC process with the 140 priority date? (Feb '08)?

    Thanks

    PS: I apologize if this is in the wrong forum.

    You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.

    This is not legal advise - a lawyer consultation is highly recommended.





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  • rcauvery
    10-02 03:21 PM
    Like I mentioned in my earlier post, after extensive research we found the best deal for ppl in H1 at https://www.accessgroup.org/AppSecure/Loan_Terms/federal-private-loan-terms.aspx


    PS - This is in no way a promotion for accessgroup, I am just sharing the result of our several hours of research.



    Can you please provide some more information on applying for a student loan without a co-signer, when you are not a GC holder or US Citizen? Thanks



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  • Tshelar
    08-24 08:57 AM
    As far as I know INS cannot look into somebody's tax records without the individual's consent. I am not sure this is even a genuine post.
    And of course IRS is happy take your taxes, they don't care about the immigration status.





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  • ssdtm
    12-12 03:56 PM
    Leaving with expired I-94 is no issues. My wife recently went India, gave expired i-94 on passport. She did not give the latest i-94 that came with her H4. She got visa stamped from India, and came back without any issues.



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  • telekinesis
    09-06 07:19 PM
    I'm a spaz, I updated my footer again :P, but its still to short of an effect and I think it would look sweet with graphics!





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  • sbajaj80
    09-12 02:49 PM
    Thanks tnite. Enjoy!!!

    I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....

    Where do guys see the LUD? And what number do you call the USCIS on? Thanx.



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  • Phat7
    10-20 08:34 AM
    Thanx dessoya ;) you were good, it was tough :)





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  • purgan
    09-14 08:26 PM
    Its coming around to that time of the year again... an article on the (ultimately unsuccessful) effort to raise the H-1B/EB cap last year. This refers to the infamous S. 1932 bill

    Immigration restrictionists argument at the time, was "we should not be doing immigration in this bill". So when should it be done- in the CIR Bill. Well, CIR has come and gone by, and still there is no relief to the H-1B/EB blackout. Will these people support the SKIL Bill after Nov? I don't think so. So what will be their excuse this time? Let's wait till next year for comprehensive reform again:)

    What these airheads don't realize is that they're only strengthening momentum for CIR by opposing SKIL, Bill Gates and the big tech lobbies, healthcare lobbies, universities, Chamber of Comemrce, and other business groups such as NAM are going to add tremendouly to the strength of the H-1B/EB reform version of CIR.

    Sometimes i just feel that CIR should pass big time and 15-20 million illegals be legalized, so these folks are 'immigration-desensitized". It will happen under a Democratic House, an even more Democratic Leaning Senate and a President determined to do something in his penultimate year in office. Watch out for 07!


    ========

    Budget bill would boost green cards
    By Stephen Dinan
    THE WASHINGTON TIMES
    October 31, 2005

    The Senate's budget package includes provisions that would make available hundreds of thousands of green cards for new permanent legal immigrants, in what is shaping up as the next congressional fight over immigration.
    The bill's measures would "recapture" 90,000 unused employment-based immigration visas and would exempt family members from counting toward the cap, which is set at 140,000 per year.
    Based on past trends, exempting family members would mean an additional 150,000 permanent legal immigrants annually. About 1 million people become legal immigrants each year.
    The change is part of the deficit-reducing budget reconciliation bill, which is on the Senate floor today and includes billions of dollars in cuts in Medicaid and other social spending and allows for oil drilling in the Arctic National Wildlife Refuge.
    "We should never be doing immigration policy inside this kind of bill," said Rep. Tom Tancredo, Colorado Republican, adding that he will vote against the bill if it makes it to the House.
    The Senate Judiciary Committee, which was faced with a deficit-reduction target, chose to meet it in part by selling to employers the 90,000 unused immigration visas and by raising the fee on employment-based visas by $500 each.
    The panel also voted to allow 30,000 more workers per year under the H-1B temporary-visa program.
    The measure is supported by universities, hospitals, technology companies and the U.S. Chamber of Commerce, which say there is a shortage of qualified workers.
    "These are workers who already have been certified by the Department of Labor for positions U.S. workers could not be found, or who are internationally recognized for research and other achievements," the Chamber of Commerce said in a letter of support.
    The chamber also said many of these workers are in the country and that the Senate bill just streamlines their pursuit of green cards.
    Deborah Meyers, senior policy analyst at the Migration Policy Institute, said the changes make sense because the current system doesn't accommodate the need for high-skilled workers and would help reduce a backlog in applications from India and China, where those now being accepted applied at least four years ago.
    But critics say the money raised -- about $120 million a year -- does not compensate for the damage to Americans seeking jobs.
    The Coalition for the Future American Worker, made up of groups that back stricter immigration limits, will begin running a newspaper ad lobbying Congress this week to oppose the changes.
    The bill first must clear the Senate and then go to a House-Senate conference committee, and some House members said they will try to ensure the provision isn't included in any final bill.
    "We don't expect there to be any immigration provisions in reconciliation. This is not the time or place for controversial immigration provisions," said Rep. Lamar Smith, Texas Republican.
    Mr. Smith said party leaders will have a difficult enough time passing the budget bill without adding immigration to the list of issues covered.
    "We're going to need every Republican we can get to pass it," he said.
    The House budget bill does not raise immigration levels. Instead, the House Judiciary Committee met its budget-cutting goal by increasing the fee for L-1 visas, another temporary-worker program, by $1,500.
    The Senate debate on legal immigration comes even as Senate Majority Leader Bill Frist, Tennessee Republican, announced last week that the Senate would take up broad immigration reform early next year.
    The overall bill is expected to tackle legal and illegal immigration, border security and interior immigration enforcement.
    Amy Call, a spokeswoman for Mr. Frist, said he supports the legal immigration increases but considers them "a temporary stopgap measure."
    "Recapturing old, unused visas will only help satisfy some of the current excess demand for highly skilled workers, but at some point even this pool of recaptured visas will be exhausted," Mrs. Call said.
    The bill also increases H-1B visas from 65,000 to 95,000 in fiscal 2006 and raises the fee employers pay by $500.





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  • freedom2007
    10-22 04:26 PM
    Yup completely agree with Frostrated..
    Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's





    casinoroyale
    01-12 07:55 PM
    As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.

    As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.

    But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.

    One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?

    (not proof reading, plz ignore spelling and grammar mistakes)





    chanduv23
    11-26 02:00 PM
    Folks - due to an unforeseen emergency Attorney Prashanthi Reddy was not able to make it on November 20th to IV chat.

    The next IV Chat with Attorney Prashanthi Reddy will be on Thursday, December 4th at 9.30 PM EST.

    If there is any change that I know of, I will post it on this thread



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