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  • fatjoe
    09-05 12:51 PM
    I could not ascertain a patter in which they do the data entry. Information on August filing is entered before the July filings...?





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  • pa_arora
    04-19 07:08 PM
    Atleast somebody talked abut legals and their problems...Here's the link..

    http://www.uschamber.com/issues/lett...sa_program.htm

    =================TEXT========================

    Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

    April 12, 2007

    TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:

    The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

    The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

    The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.

    Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
    Raising the EB cap and exempting specific highly skilled professionals in
    sciences, arts, business, and other critical fields from the final allotted number.
    Allowing foreign students who have earned advanced degrees from American
    universities, as well as from foreign universities, in science, technology,
    engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
    visa cap numbers.
    Designing the H-1B visa cap numbers around a market-based annual adjustment,
    rather than an arbitrary fixed number.
    The creation of an entire new visa category that would allow STEM students,
    studying in the United States on a student visa, to seamlessly transition to a green
    card when offered a job.
    The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

    On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

    Sincerely,
    R. Bruce Josten





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  • waiting_4_gc
    07-26 10:27 AM
    Hello Guys,
    My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......

    Apply for new passport ASAP.





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  • bhatt
    08-05 04:56 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    It is just depeneds on luck.
    My friend Who applied in EB3 after me will be applying for citizenship next year while I am waiting for my I-485.
    Another one same company , eb2, same credential as me , later receipt Date, applied after me in eb2, got his GC five months back.



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  • gconmymind
    10-04 05:43 PM
    I live near Ahmedabad so I ask my parents to travel to Ahmedabad and submit it at Ahmedabad VFS office. VFS has offices in certain cities (lookup the website) and will accept your papers there. I hate the fact that you cannot directly mail your papers to the Mumbai consulate from USA. If your family is in Mumbai, they should be able to submit it in person to VFS.
    VFS also has an email address on their website if you want to ask them questions. They are pretty good at responding.
    So can I submit the docs through my family .. now and just go for the final interview?
    This way I can go to the embassy the day I land in Mumbai.





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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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  • gsc999
    09-05 06:13 PM
    Does anybody know if Egyptians also have a backlog. Does that also mean that an egyptian with a later priority date can be accepted before an Indian because of the quotas. We need a change in the immigration system. I filed my I-485 in July w no receipt yet. Does that mean I can also expect a long wait.

    Kaifa Hailaikum magician7989, Anna Kulyam Arby :-) shwaya shwaya. Mafeesh Mushaikil.

    As Franklin, rightly points out EB3 ROW has been retrogressed for many years and there is a high probability of that being the case for October visa bulletin.

    Also, even after applying for I-485, people get stuck in FBI name check for years. Per the latest USCIS Ombudsman report and follow-up information, there are more than 200K people stuck in FBI name check alone.

    So please don't take things for granted once you are able to file for I-485. Make us stronger and make your chances of securing a GC sooner by joining IV and asking lawmakers to reform the immigration system for law abiding legal immigrants. Come to the rally in DC, if you can't afford the ticket let me know. I promise to share some anecdotes about my stay in Egypt, Amr Diab music etc with you. My favorite was "Noor El Ain" Probably you would be able to fill me in with some newer hits.





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  • Macaca
    04-22 09:07 AM
    Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle

    After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.

    All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.

    The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.

    Deductions are considered by the Department of Labor (DOL) to be authorized if:

    The deduction is reported as such on the employer’s payroll records,
    The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
    The deduction is for a matter that is principally for the benefit of the employee,
    The deduction is not a recoupment of the employer’s business expenses,
    The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
    The amount deducted is not more than 25% of the employee’s disposable earning.

    An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.

    Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.

    The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.

    It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12

    Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.



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  • rayoflight
    03-18 12:30 PM
    Hi gc_on_demand:

    Great Analysis! What are your predictions for EB3 for this year?

    You mean to say that EB3 (40K) is already used up for this year :-(

    Thanks,
    Rayoflight





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  • venkatosizolon
    04-25 09:45 PM
    I am working in company Vision System Group Inc (VSG INC). They are under USCIS investigation and involved in illegal activities. (Vision Systems Group Inc., was indicted in a 10-count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of 'Notice of Forfeiture' in the amount of $7.4 million.) .
    For more detail please read here 11 arrested, indicted in multi-state visa fraud operation (http://www.ice.gov/pi/nr/0902/090212desmoines.htm).
    Many more similar link by searching Vision Systems Inc Group on Google.

    They have sister concern companies:

    Axiom
    Orion
    Venturi
    Orionsoft
    Cornerstone Information Systems

    They all managed by same owner and management.
    Company first delayed the payment by 6 weeks. They pay salary more then one month late (example on March 7, I get salary on period Jan 16- Jan 31). This (late payment) they are doing since last more then one year. On March 12th, 2010 they send email saying VSG and its entire sister concern companies are acquired by Zolon (Zolon Corporation) and send there HR manager's email addresses for communication with company. In other email they attached memo from zolon company's CEO that describes that they will pay March(1-15) salary on April 10 and March(16-31) on April 26 and so on. They also told that they will pay Feb(whole months) salary when ever they can. I sent many emails for Feb Salary, VSG HR ppl are saying you should ask new management for salary I (VSG HR ppl) am also now employee for Zolon. I talk to Zolon HR ppl and I told if I dont get Feb salary then I will complain DOL and file a case throgh attorney. Zolon HR ppl are saying Zolon' responsibility of paying salary is from March only.In reality VSG should have paid this salary already, we (might) pay but dont know when. You can file case and lets attorney decide. I dont care.


    How should complain about salary to DOL should I complain against Zolon or VSG or both? Now there is no VSG. will I get success? Zolon might slip away by saying I acquired from March.

    It is also possible Zolon and VSG owner might be relatives. and want to make money by not paying Feb salary.

    Please advice.



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  • gaggu
    07-12 02:20 PM
    This place is addictive...





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  • JunRN
    08-11 03:58 PM
    At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.

    You mean "AP", not "EAD" to enter into US.



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  • mrajatish
    06-18 05:55 PM
    Exactly the same as mine (except that I needed to copy whole passport)





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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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  • ajay_hyd
    01-22 02:27 PM
    i got similar message, but this was for Advance Parole not 485...

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document OTHER THAN CARD manufactured and mailed.

    On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.





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  • bobzibub
    12-08 05:07 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...

    We Canucks are not on the "out" list.



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  • mariner5555
    05-24 10:17 PM
    Hi Gurus...


    I am one of the July 2007 EAD filers and did not file for AP at that time.

    So I am in the process of the renewing EAD & Applying for AP for the first time.

    I have couple of questions..
    http://immigrationvoice.org/forum/images/icons/icon8.gif
    Angry
    do you get Finger Printing for EAD Renewal ?

    do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]

    Your help is much appreciated
    this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, I sent my postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
    I had efiled mine few days before her and so
    far nothing - only soft LUD's.
    and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!
    http://immigrationvoice.org/forum/images/icons/icon8.gif
    Angry





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  • senthil1
    06-26 01:48 PM
    First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.

    It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?

    Is it:
    1> The time when bill is signed by Bush?
    2> The beginning of the following fisical year?
    or
    3> You can keep working till the current H1B expires, but cannot renew?

    thanks!





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  • cox
    October 22nd, 2005, 12:05 AM
    There have been some E coast meets at Indy, but as far as I know, no W coast. QJ and I have threatened to meet here since we both live around SF Bay Area, but haven't managed it yet. I'm game for a get together, but my work schedule is hideous. :(





    SmSm
    05-25 12:53 PM
    any one???





    jaane_bhi_do_yaaro
    08-25 08:22 PM
    Good luck, mine is the same PD

    Good Luck for tomorrow's meeting.