Thursday, June 9, 2011

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  • Hermione
    09-25 01:45 PM
    hermione,

    How to know if name check has been done. Is there a number to call to confirm NC clearance?.

    We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know

    Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.




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  • cygent
    04-10 09:36 PM
    Welcome to Hell brother... Hahahaha ;-) Chill
    You can't be serious. Get up on your 2 feet, you are lucky you have IV now, Back in the day, we never had any support.

    Be Proactive & prepare for the worst. That's the best advice, gleaned from experience, the best teacher.

    Hi,

    I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?

    How long will it take to clear labour?

    Thanks for valuable suggestions




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  • amitjoey
    07-15 04:56 PM
    We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.

    This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion

    That is absolutely right, it is our job to write to reporters and call them, if we want good publicity. Please digg, write to reporters, do not just wait on the sidelines and see if we have gotten any coverage. We wont get any by just being on the forums discussing.

    On a second note, gsc999 worked very hard organising the San Jose rally, and personally I saw a lot of dedication on his part and some other members. People came upto him and asked him to arrange another rally next week. He answered it very well. Why dont people take ownership and organise things on their own, rather than just giving out suggestions and expecting other people to do the tough work.

    augustus, you are right when you ask "why are the bigwigs media outlets not reporting this event?", inspite of us sending so many emails. The anwer is, it is just a few like you, who have sent emails. Most of the people have not sent any emails, or talked to any reporters.




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  • paskal
    10-23 02:35 PM
    pretty please..

    can't say no to that!
    really iv members- no one should have to beg for a couple of hours of your time. this affects us all. it's really a small request- a booth at a diwali mela...now that is hardly the worst thing you could do with your life and time. please don't reduce your leaders to this.



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  • sam_hoosier
    06-20 04:44 PM
    Gurus
    Please advice on the usage of A number

    I came here as student and OPT before, the OPT had a A number

    In my approved I-140 i had a A number, both the numbers are different

    While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number

    Which number must i put in the field

    Regards

    You would have this number only once your 485 is approved, so just leave it blank for now.




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  • mmk123
    04-16 07:32 PM
    My parents are scheduled to travel on Monday via delta flight to India via Paris. As you all know all European flights are either cancelled or postponed and paris airport is currently closed. Their I-94 date is 19-April.

    They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.

    What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.

    Appreciate your help,
    thanks!



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  • logiclife
    03-22 04:34 PM
    Loss of country soft cap quota is intended and not an error. The hard cap ensures that the newly created EB 5 applicants get all the usused visas and to keep EB 5 well-supplied, the numbers are being drained from EB 1, 2 and 3.

    All our employers have to know this. The kind of employers who pushed for more greencards for EB1, 2 and 3 during S 1932 have to know this. Please circulate this to your employer, other recruitors/employers who want to have more access to foriegn born employees in high-skills area.

    Hard cap has flown below the radar and its our job to spread awareness. Send the PDF file(on homepage) to all the people you know.

    The worst case scenario is that with the hard cap, if the good things are elimination in the conference committ.(Very likely) then we will be worse off than we were last year. we will all get greencard on or around the graduation day our our children's high school and we will be driving hydrogen fuel-cell cars by that time.




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  • brij523
    11-10 12:31 PM
    I guess poll closes after 15 days (?)
    Thanks to all those who are helping out in different ways.

    I would like to know what is the booth number?



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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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  • snathan
    08-20 03:33 PM
    Hi ,

    I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .

    My visa is cancelled and I was told to go back to consulate and get a new visa .

    I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .

    thanks in advance.

    RD

    Since you are deported and the ticker was paid by the US Govt, you are most likely banned to enter the country for 5 years. Even if you are going to the consulate, you wont get the visa. As you admitted guilty, I dont think you can fix this.



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  • WaitingYaar
    01-18 09:00 PM
    Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?




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  • superdude
    07-27 03:46 PM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
    My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.

    Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.

    These employers that abuse employees need to learn some lessons on how to treat their employees.

    I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.



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  • n4nature
    02-05 11:59 AM
    Hello,

    I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

    Or is there any other combination, that would help approve labor in EB2?

    I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

    Thanks in advance for all your insights.




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  • drona
    07-11 11:40 PM
    He is a legal immigrant himself and he understands the immigration system. It took him 15 years to become a US citizen.

    He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.

    He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.

    Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.



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  • GreenCard_Soon
    05-25 01:44 PM
    Just sent the fax.




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  • sledge_hammer
    06-29 12:43 PM
    ^^^^



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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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  • hopelessGC
    04-28 12:02 PM
    I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.

    Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html

    I am posting information form this article that might interest the readers:


    The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:

    1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
    2. Duplicate: the A number associated with the application has already been authorized; or
    3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.

    Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.

    According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.



    Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D




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  • rb_248
    05-25 07:20 AM
    Hi Guys

    I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??

    Thanks! :)

    Education is always a good investment. You may do it for GC or for any other purpose. But my advise would be to pick a good reputed school that you can handle and do something that would help your career.




    meridiani.planum
    04-08 04:04 AM
    On the same lines, I have a question...My H1B is expiring on Apr 22 (some how with previous approvals and transfers I didn't get a 3 + 3) and Apr 22 will mark 5 years + 1 month of my H1B stay in the US. I have an approved 140 and my AOS is pending. One attorney has convinced me of a 3 yr extension and though she's expensive, I decided to go with her services as two other attorneys didn't guarantee me a 3 yr extn as I'm still into my 6 year now and have not completed 6 full yrs on H1B. Qn is, will I get a 3 yr extension (based on my approved 140) or a 11 months extension now? My PD is Feb 2006.

    Thanks in advance.

    yes you will get 3 years extension. make sure the application requests 3 years (& your LCA covers 3 years)




    glen
    05-02 03:57 PM
    :)



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