الخميس، 30 يونيو 2011

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  • needhelp!
    10-11 01:11 PM
    bump.. TX members please attend conf call




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  • krishna_brc
    07-02 05:43 PM
    Tnks for the quick response. a couple more questions :D
    1) Eligibility Status?

    2)Please provide information concerning your eligibility status.

    Do I need to put anything in there? Or I can just leave it blank?

    I entered C (9) - Pending AOS as Eligibility Status.




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  • mrdelhiite
    07-12 08:17 AM
    This USCIS fisco seeps have more twists than Anna Nicole Smith case.
    here you another angle to it:

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

    07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing

    There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.


    Repost. Please close this thread.

    Thanks
    -M




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  • vnsriv
    11-14 11:52 AM
    Hello everyone,

    Please shed some light on this

    I am going to a different Application Support Center than the one in my notice.

    I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?

    If no how should I find/locate the nearest ASC to where I live?

    The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.

    Thanks in Advance

    Google it



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  • Blog Feeds
    09-09 07:20 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."

    An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.

    PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.

    Accordingly, the Board affirmed the decision of the CO in denying labor certification.

    In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)





    More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)




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  • mvpkreddy
    09-20 01:26 PM
    Hi,

    I just came in yesterday evening and I did not have any problems while entering the country at POE. I applied for I-485 on Aug 17th and left US on 24th. I have a valid VISA stamping till June 2008 but got a different H-1 transfer visa I-797 till jan 2010.

    The officer at POE didnt ask me any single Q and he simply let me in with a new I-94 (he noted the new company name on the back of I-94 as usual).

    I hope this helps you.



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  • sku
    12-26 10:31 AM
    Mention you are in I-485 adjustment status. Thats the truth...good luck.

    What document should I be sending to say that I am in I-485 adjustment status.




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  • aguada
    11-09 11:40 AM
    My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013

    My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.


    Here are the chronological events

    Date on which my H1 revocation notice was sent to USCIS: 7/28/2010

    Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010

    Date when my employer was informed by lawyer's office about revocation: 10/24/2010

    Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.

    Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.


    I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.

    References:
    MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
    MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
    MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)

    Section 245(k)

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.


    Will this 180 days 245(k) clause help me in anyway?

    How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.

    Thanks



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  • kartik2912
    10-16 12:51 PM
    Hi,

    I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?

    Request you to reply soon.

    Thanks




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  • njgcmar03
    02-21 03:35 PM
    Hi

    My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.

    Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.

    kindly advise
    There should not be any issues. Take all the required papers to the interview.
    Good Luck!!



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  • hibworker
    01-24 03:51 PM
    Hi,

    I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.

    My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:

    Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.

    Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.




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  • QuintonBermuda
    05-06 02:05 PM
    Hello,

    I am currently working on an H1 visa. I would like to go to school to pursue a Master's degree. Is it possible for me to qualify for in-state-tuition. I live in Georgia. Thanks in advance!!



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  • Blog Feeds
    01-12 07:40 AM
    AILA Leadership Has Just Posted the Following:


    Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!

    Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.

    More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.

    Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)




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  • amindarshana
    11-30 11:17 AM
    Somebody please reply..

    Still waiting for receipt.



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  • aachoo
    02-03 01:44 AM
    Dont flll 1040 by yourself if you are not a tax expert.

    Line 34 in 1040 is tuition and fee deduction and you have to file form 8917.

    get Some software such as Turbotax or Taxcut


    Are you serious? I must be a super expert on taxes because I have always done it on paper using a calculator for the last 14 years and counting. Just spend an hour reading the instructions and you're done. Have a question, call the IRS. Unlike other government agencies (cough.. USCIS cough..) the agents at the other end of the line are actually helpful and responsive.
    -a




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  • rameshvaid
    05-25 10:20 PM
    Folks from Ohio,

    Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.

    thanks

    Solon, Ohio a suburb of Cleveland and would like to join state chapter. Pls. let me if I need to do something to become a part of State Chapter.

    RV



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  • sundarpn
    07-22 04:20 PM
    My attorney has asked for the I-485 to be printed:

    double sided with Flip to Top option.

    Did anyone else do the same?




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  • singhsa3
    08-08 12:58 PM
    Folks,
    It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
    What can be done?




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  • vin13
    05-28 12:47 PM
    IVians,

    Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.

    on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...

    Please advise?

    Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?

    To answer your question,

    Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.

    You would qualify for Unemployment in PA as long as there is a pending green card application.

    Offcourse the applicant should have earned income in the previous year to qualify.

    I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.




    venky321
    08-16 01:17 PM
    The court is saying that since this is a non-binding memo; the court does not need to judge whether or not the USCIS definition of an employer employee relationship is valid or not.

    It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.




    return_to_india
    02-15 07:07 PM
    CLEARANCE OF INCOMING PASSENGERS (http://www.cbec.gov.in/travellers.htm)



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