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Wednesday, June 29, 2011

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  • nomi
    09-29 01:19 PM
    Hi Kukitron and all,
    I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

    Thanks
    Sundar


    Yes you can according to following rule

    http://travel.state.gov/visa/laws/te...ams_1441.html#

    There are lot of condition which you need to follow in order to use this Law. That`s why I am asking other people about it and see how many people use it and what they said about it.





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  • test101
    07-03 08:11 PM
    do you mind using what you wrote for emaling the media ?

    thanks.



    Posting here as asked by Pappu:
    ------
    Hi Jessie,

    I am contacting you today regarding the recent chain of events concerning employment-based immigrants.

    I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.

    Some Facts:
    - On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)

    - Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.

    - Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
    1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
    2. Advanced Parole: Allowing applicants to travel freely.
    3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.

    - Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)

    - Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
    http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)

    In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!

    - The fact that a Visa Bulletin gets updated mid-month is unprecedented.

    - The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!

    - The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.

    - Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.

    - Here's a Press Release from ImmigrationVoice.org:
    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)

    - Also of interest, the following blog post by immigration lawyer Greg Siskind:
    Full-Blown Scandal
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)

    - Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)

    - Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
    Legal Workers Lose Chance at Green Cards
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)

    Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)

    Thanks,





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  • kshitijnt
    03-29 11:20 PM
    So am I , I'm sure so are may others on this forum and in India.

    Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)

    But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .

    what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
    Those politicians are making fun of law.They are using NSA to finish political opponents.
    NSA is meant for nation's enemies not for politician's enemies.
    During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.

    Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
    It happens only in India.


    Precisely. I fully agree. This is not much different than what Zardari is doing to Sharif or what Musharraf has done to Sharif. Congress , BJP, BSP all together shown the world what kind of third rate democracy we are.

    Although Advani does not sound more polished than Manmohan, until Sonia, Rahul, Priyanka & Varun are out of politics, I do not intend to support Congress party. On what basis is Sonia Gandhi running the country? Any qualifications? Advani is more acceptable as a real power holder than remote control Sonia.





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  • gcfordesi
    08-15 07:39 PM
    I know its not easy or possible in USA to get a Immigration officer to make some scene deliberately at airport . Here is what i observed .
    He was in CA a month back june/july for his movie shoot nothing popped that time.
    But he signed a 100 crore INR deal with FOX for his Forth coming movie My Name is Khan i think couple of weeks back dose it tell something ?
    So with this incident he is on Top 10 news in CNN today - Btw this news was at number 7 few hours back and now number 2.
    Nice way to create awareness of Shah Rukh Khan and the Movie.

    Just my 2 cents ....

    1. 1 When an insect sting turns fatal
    2. 2 Bollywood star detained at airport
    3. 3 Tropical Storm Ana forms
    4. 4 Britain seizes control of islands
    5. 5 Bob Dylan a complete unknown?
    6. 6 Australian granted right to die
    7. 7 Lockheed Fire scorches 6,800 acres
    8. 8 Run 135 miles across Death Valley?
    9. 9 Arctic Sea 'ransom demanded'
    10. 10 Missing boy last seen near car



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  • a1b2c3
    05-30 01:47 PM
    I know this guy who was a junior to me and reporting to me in India. I resigned and moved with another company and later moved to US. After an year I joined the same company which I was working in India. Now this guy, just because having some relation with the VP made some arrangement and came to US on L1 and applied under EB1 and got his GC in 1.5 years. More over he was no good as manager and a pathetic programmer. Also he did no good to the company actually lost a few clients and when he got his ass on fire he moved to other company and started working as a pathetic programmer with his GC

    AAAHHHHH... nuts nuts nuts.. 10,9,8,7,6,5,4,3,2,1... hooo.. :) controlling my anger..

    I was also mad like you are today when the lawyers were busy filing for 140 + 485 during the entire month of July 07 and ignoring other applicants. I counted all the way from 100.:D
    And now you can also imagine how mad would many EB3-I filers would be with PDs in early 2002.





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  • newbie2020
    07-03 09:41 PM
    My LC applied in Feb 2008
    LC approved Apr 2008
    I-140 Applied May 2008

    My 6th yr H1B expires Dec 2008
    H1B Maxout Jan 2008

    I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?

    or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.



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  • thecipher5
    04-23 09:52 AM
    Suresh,

    I just sent you a pm regarding a similar situation I'd faced...

    Contact me if you need more information.


    thecipher5





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  • ras
    07-05 04:09 PM
    There has been parallel thread going on enquiring about the AC 21 portability for porting from Software engineer to software quality engineer. I did small bit of search and got the following info.

    DOT CODE 030.062-010 Software Engineer

    SOC Code
    15-1011.00 Computer and Information Scientists, Research In-Demand
    15-1031.00 Computer Software Engineers, Applications In-Demand
    15-1099.01 Computer Software Engineers, Systems Software In-Demand


    DOT CODE033.262-010 Quality Assurance Analyst
    15-1099.01 Software Quality Assurance Engineers and Testers

    We wanted to know from the attorney

    if the above DOT codes

    030.062-010 and 033.262-010 can be considered to be similar.

    or

    SOC codes
    15-1011.00 and 15-1031.00 and 15-1032.00 or 15-1099.01 can be considered to be similar.



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  • doknek
    07-17 01:33 PM
    If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.

    So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?





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  • Keeme
    04-01 04:20 PM
    I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.

    On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).

    Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!

    Well said !

    He has mistrusted us. I do remember throwing his wiket by giving simple catch on mid-on/off and getting run out others ! When CBI raided his home, they found 3 -4 crore of watches in his jwell box. Wonder how much money he might have made with working top bookies ? He/Sanjay Dutt and other like them know that it might come back anytime so they are getting prepared politically.

    Again, MERA BHARAT MAHAAN !



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  • poorslumdog
    08-19 12:22 AM
    Originally Posted by vinzen
    sorry, I love preaching.

    by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.

    well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?

    I am sure both the ids are same person...:D





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  • logiclife
    01-23 05:24 PM
    Logiclife -
    I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..

    The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.

    I am talking about Desi bodyshops and not fortune 500 companies. This law or regulation of DOL causes more harm than good. For the good it does to 5% employers, it does harm to thousands of applicants whose dates are not becoming current because of people cutting in line by buying the approved labor certs. If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date. The day that happens, this underground sale of approved labor certs will stop.



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  • Lasantha
    12-14 04:17 PM
    I hear you!

    --Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"





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  • thecipher5
    04-23 09:52 AM
    Suresh,

    I just sent you a pm regarding a similar situation I'd faced...

    Contact me if you need more information.


    thecipher5



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  • eb2_mumbai
    09-28 10:48 AM
    I have a few questions of guru's on this forum.

    What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?

    The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.

    At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture





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  • longq
    02-13 06:17 PM
    As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.

    Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.

    Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.

    In my view, EB are more disadvantaged in current situation. For a young person with PD 2006 (EB3-India) having approved 140, cannot imagine to file a 485 before he retires. Is it practically possible for him/her to maintain employer-employee relationship till him/her able to file 485? Is it make any sense, condition of LC/140 will hold well after 20 years, when a visa number available to him/her?

    In family based system, even after 20 years brother-sister or parent-child relationship will be maintained. No need for them to worry about 130 withdrawal of sponsor. In most family based immigration, chain migrants are coming to USA not for family-reunification; they are coming for work/job. There is no labor certification for them.



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  • gc4me
    07-16 02:05 PM
    I-140 IS NOT PORTABLE. PD is portable.
    You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.



    Hello,
    My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.

    My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
    If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
    Can someone provide some suggestion what would be good approach.





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  • msyedy
    01-26 11:20 AM
    Thanks Pappu. Is this called Labour substitution? I don't know that term.Any input regarding this is greatly appreciated.

    Labor substitution is not encouraged by INS any more, but is still possible.
    Use the old labor and file for premium I-140. If approved you can use that priority date.

    Simple as that, premium result will be in 15 days.

    Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.

    But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/





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  • delax
    07-26 06:32 PM
    Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
    Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.

    AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .

    One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.

    One important point that we seem to be missing is that there are about 50,000 Indian STUDENTS (like yours truly) who come to the US each year. Most of them are grad students and invariably all of them apply for EB based GC......think about it : 50,000 students each year and even if you assume half apply for GC - that makes it 100,000 PRIMARY GC applicantions from India alone over a four year period - staggering number........





    gc_chahiye
    06-28 07:14 PM
    My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....

    can you name this firm please?

    Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.





    pcs
    07-03 03:51 PM
    I talked to someone & got immediate appointment. Few minutes later I got anoter call back to reaffirm teir support

    Please call your congressman office. I am only asking them to ask USCIS to receive the application instead of rejecting it



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