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  • Legal
    08-03 12:23 PM
    Sounds like a good idea.





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  • immi_enthu
    06-11 08:59 AM
    Wht do u mean..partially?

    http://www.immigration-law.com/Canada.html

    06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension

    * AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.





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  • Roger Binny
    06-06 08:47 AM
    Which service center your case is in ?





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  • Blog Feeds
    02-10 08:50 PM
    Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

    With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

    Background

    On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.

    In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)

    The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.

    This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.

    Requirements in the Statute

    The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
    A. Temporary Increase in the Number of Professional Visas Available

    There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
    B. Electronic Postings

    LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
    C. Attestations Required for Employers Dependent Upon Foreign Professionals

    U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.

    The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.

    H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
    D. Increased Enforcement and Penalties for Violations

    The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
    E. Back Benching H-1B Employees

    Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
    F. Benefits

    Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
    G. Additional Fee for Use of H-1B Program

    Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
    H. Prevailing Wage Computations

    For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
    I. Academic Honoraria

    Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.

    Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!




    More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)



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  • number30
    03-05 07:30 PM
    It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.

    If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic





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  • apahilaj
    09-28 05:04 PM
    graj012, thanks for your input. You phrased it nicely.

    Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.

    Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.

    Good luck!



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  • little_willy
    08-15 11:28 PM
    ^^^^^^^^^





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  • santb1975
    05-15 07:53 PM
    Let's not lose momentum here



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  • mchundi
    03-08 08:18 PM
    Finally the USCIS released the VISA usage statistics for 2006.
    http://travel.state.gov/visa/frvi/statistics/statistics_3163.html

    Also from immigration-law.com
    http://travel.state.gov/pdf/FY06AnnualReportTableVPart1-3.pdf





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  • TwinkleM
    03-25 02:30 AM
    @zimmy100 (http://immigrationvoice.org/forum/member.php?u=33255)

    Y do u say that ur filinh I485 in Jully 2007 in EB3 is ur greatest mistake... I am sailing in the same boat & am planning to file new GC in EB2 category.

    Anyone having knowledge can pls. shed some inputs.. would higly appreciate it.

    Can't one retain the old priority date of EB3 for the new one in EB2 category after filing I485 in EB3 category?:confused:



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  • indyanguy
    01-30 01:03 PM
    My EB2 labor was filled (different company) as Software Engineer (Level III)
    When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
    15-1032.00 - Computer Software Engineers, Systems Software

    Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?





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  • kak1978
    09-24 10:50 AM
    but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

    also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

    We had lost 13 valuable days because of address they used in RFE.

    Good Luck.!!

    What was your RFE about?



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  • Blog Feeds
    04-27 11:00 AM
    The antis regularly say that unathorized immigrants get a range of public benefits but don't pay any taxes. Not so. They're paying $8.4 billion a year in sales taxes and $1.2 billion in income taxes. And they don't get most public benefits. They get public schools for their kids and emergency rooms can't turn them away. That's pretty much it. In the mean time, a company that earned $14 billion in profits last year paid zero taxes.

    More... (http://blogs.ilw.com/gregsiskind/2011/04/unauthorized-immigrants-paid-11-billion-in-taxes-last-year-ge-paid-non.html)





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  • genscn
    10-30 09:23 AM
    EAD has nothing to do with finger printing. People are getting EAD cards even before they go to their scheduled finger printing appointments. You will get your card 10-12 days after finger printing notice.

    My wife's finger printing fee was rejected last month, even though we submitted the right fee.
    We still submitted the fee again. In the mean while, we got our finger printing notices.

    Do u know when we would get our EADs ? Is anyone in a similar situation ?

    Thanks



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  • 485Mbe4001
    11-24 05:48 PM
    to the one who left the comment 'pos'..its not, i am just stating a fact, i have been in EB3 with a pd of mid 2002 and have been studying this mess for a long time now. I did not reply to the OP's next question because meridiani.planum had already posted a reply


    I would suggest trying for EB2 if possible. Due to the recent change in the visa allocation from vertical to horizontal most of the countries in EB 3 will be affected and movement will be slow. I dont know the number of applicants from Russia but dont expect any additional visa due to spillover. We have an applicant from Russia in our company, he applied in Eb2 and received his GC in 2 and a half years. Most of the EB3s are still rotting waiting for 4-6yrs.





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  • eyeswe
    07-13 04:49 AM
    Depending on where you are traveling from you may have a direct flight to Mumbai or Delhi. Mumbai is closer to Indore and probably has better and more connections. The key is layover at both these airports to meet your flight times to Indore. Both these airports are now world class (been there just recently) and have shuttles that take you from International - your US arrival, to domestic. At Delhi the international and domestic are somewhat far off... but they provide shuttles...



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  • sunofeast_gc
    05-21 06:59 PM
    do we need to print I-134 back to back just like DS-156 or it's okay to have I-134 in two pages.





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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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  • kondur_007
    08-13 09:32 PM
    Can you please tell us which service center you send your application to?

    Thanks.





    manderson
    10-25 02:50 PM
    should take 2 weeks





    immigrationvoice1
    10-02 01:44 PM
    Here is what you get when you apply for student loans without GC/US Citizenship:

    1. Trust loans (called Stafford loans also).
    2. Need US Citizen co-signor. A co-signor with good credit scores helps in keeping the interest rates down.
    3. Even with a US Citizen co-signor with good credit score, the interest rates are usually way higher that what a GC holder gets.
    4. If you have more than one loan (every year/semester of college corresponds to a loan, though you may not have to go through the paper work formalities from the second year/semester to get the loan), you are NOT allowed to consolidate your loans during payoff. Consolidation helps bring down the monthly payment amount when the time comes to repay the loans.
    5. Variable interest rates. Looking at the past few years, interest rates have never dropped, only moved north. To give you an idea it could be anywhere between 15 to 18% now to begin with.

    In a nutshell, student loan is a very costly affair if you do not have GC/US Citizenship. The good thing is, there are no pre-payment penalties.

    Hope that helps.



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