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  • WeldonSprings
    10-28 10:22 AM
    Have anybody encountered Receipting Delays at Nebraska Service Center recently. I applied for my and my wife's AP (I-131) last week, received on Oct.21 and it has not been receipted yet.




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  • mrajatish
    03-24 04:31 PM
    I like the idea - any takers, I am ready to work with that person.




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  • starving_dog
    06-08 03:01 PM
    Capitalism is the first American value.:D




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  • MerciesOfInjustices
    03-25 09:09 AM
    TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.
    Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.



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  • paskal
    07-16 07:27 PM
    Hi,

    Just FYI. The original poster (GCKabhayega) has a long history of posting such messages with sensitive titles, by giving an impression as if the Visa Bullettin or Processing Times were released. You can confirm this by looking at his/her old posts.

    hey inskrish,

    you should be getting a welcome e mail any day now!
    where's the party man?




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  • senthil
    02-06 05:20 PM
    all your points look ok to me. although it may differ for different prople.

    in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.

    EAD
    - ability to switch jobs as nessary - you decide
    - AP to easy your life when you want to fly out and come back
    ( no hassle stamping tention etc, but comes with yearly price )
    - of couse the important thing is your spouse can work
    - need to stick with same designation

    H1B:
    - no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
    [ you have to jump if you decide to stay more than 6 years. no option here, i guess ]

    - same as EAD jumping jobs is easy, also can climb up the ladder
    - if above 6 year limit and I-140 not approved, you get only yearly exentions

    thanks.



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  • yabadaba
    06-26 01:28 PM
    once again^^^




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  • pappu
    06-08 10:37 AM
    /\/\/\/

    Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.



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  • vdlrao
    04-08 02:25 PM
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf

    Employment preferences, including principals and their dependents, represented 15 percent of the total LPR flow in 2007, up from 13 percent in 2006. The LPR flow for employment preferences increased 2 percent from 159,081 in 2006 to 162,176 in 2007, but was below the record of 246,877 set in 2005. The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007. In addition, provisions of the REAL ID Act of 2005 resulted in the recapture of 50,000 unused employment-based visas from 2001 to 2004, of which 11,950 were used in 2005, 33,335 were used in 2006, and 4,743 were used in 2007.




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  • rkat
    08-16 02:56 PM
    I already have a H1B with a cap exempt employer for the last 4 years. This H1B is valid for another 2 years (6 years total). I had planned to switch my job because my current employer had refused to file for my GC.

    A contracting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.

    Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
    4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    I greatly appreciate all your help ! Thank you!



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  • skark
    02-24 02:35 PM
    I thought someone here said that if your spouse got a new SSN via EAD and files tax jointly with this new SSN then one cannot efile and needs to paper file it. It appears that TaxCut is allowing one to eFile in this circumstance. Anyone else done it?




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  • GCwaitforever
    11-12 07:50 AM
    Looks like the law suit worked. Congratulations to the Emeries. The other case will be resolved with Dream act. Is not there a TPS for Honduras citizens?



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  • whiteStallion
    10-17 11:52 PM
    If you open a company on EAD, you are eligible for any positions that pay by W2 right?

    If you have an EAD, you can take up any job which pays by W2... Opening a company has nothing to do with it.

    If you are opening a company and you do Corp to Corp with any other vendor or Consultancy, then they will pay your corporation...and you get paid. From your side that is business income and you can deduct your expenses.




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  • martinvisalaw
    07-17 11:42 AM
    By "Training" did you mean "Filing"?
    Otherwise it does not make any sense.

    There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:

    $320 I-129 fee
    $1500/$750 training fee (as it's usually called)
    $500 anti-fraud fee.



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  • lord_labaku
    11-19 03:38 PM
    I think this is a good idea. Most people here, coming from a computerized world, assume that everything in USCIS is automated. Its only partly true. Due to security reasons, preventing vulnerability, they still deal with mostly paper.




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  • pragir
    06-09 12:14 PM
    I just spoke to an Immigration Officer about the status of my pending I-485 application using InfoPass, and all she said was "it is waiting for a visa number". She seemed to be very ignorant of general USCIS regs and laws, but she called somebody and this is the answer she came up with.

    My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.

    Any comments from the wise on this board?



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  • enggr
    06-25 10:02 AM
    The attorney sent my I-94 and we got approval until Nov 2010. (this happened in sep/oct 2008)




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  • dupedinjuly
    07-15 02:07 AM
    http://www.nytimes.com/2007/07/15/us/politics/15immig.html?_r=1&ref=us&oref=slogin

    A Little-Known Group Claims a Victory on Immigration

    July 15, 2007
    A Little-Known Group Claims a Victory on Immigration
    By ROBERT PEAR
    WASHINGTON, July 14 � When a comprehensive immigration bill collapsed last month on the Senate floor, it was a victory for a small group that had been lobbying Congress for a decade to reduce the number of immigrants � legal and illegal � in the United States.

    The group, Numbers USA, tracked every twist and turn of the bill. Its members flooded the Senate with more than a million faxes, sent through the organization�s Web site. It supplied arguments and information to senators opposing the bill.

    �It was a David-and-Goliath struggle,� said Roy H. Beck, the president of Numbers USA, who had been preparing for this moment since 1996, when he wrote a book titled �The Case Against Immigration.�

    Supporters of the bill included President Bush, the United States Chamber of Commerce, the high-tech industry, the Roman Catholic Church, many Hispanic organizations, farmers, restaurants, hotels and the construction industry.

    �The bill had support from the opinion elite in this country,� Mr. Beck said. �But we built a grass-roots army, consumed with passion for a cause, and used the power of the Internet to go around the elites and defeat a disastrous amnesty bill.�

    The measure, which died on June 28, would have offered legal status and a path to citizenship to millions of illegal immigrants and created a new temporary worker program while increasing border security.

    �Numbers USA initiated and turbocharged the populist revolt against the immigration reform package,� said Frank Sharry, executive director of the National Immigration Forum, a pro-immigrant advocacy group. �Roy Beck takes people who are upset about illegal immigration for different reasons, including hostility to Latino immigrants, and disciplines them so their message is based on policy rather than race-based arguments or xenophobia.�

    Representative Brian P. Bilbray, Republican of California and chairman of the Immigration Reform Caucus, said, �We�re involved in weekly discussions with Numbers USA and other immigration-control groups as part of a team effort.�

    Numbers USA had fewer than 50,000 members at the end of 2004, but now counts more than 447,000, with an increase of 83 percent since January alone.

    Turning to the next phase of the debate, those members will push for enforcement of existing laws and new measures to curb the employment of illegal immigrants.

    �Our No. 1 legislative goal is to begin a system of mandatory workplace verification, to confirm that every employee is a United States citizen or an alien authorized to work in this country,� said Rosemary E. Jenks, director of government relations at Numbers USA.

    The organization wants to reduce immigration � as Mr. Beck says in the subtitle of his book � for �moral, economic, social and environmental reasons.�

    He contends that immigrants and their children are driving population growth, which he says is gobbling up open space, causing urban sprawl and creating more traffic congestion.

    Moreover, Mr. Beck asserts that immigrants and temporary workers, by increasing the supply of labor, have depressed wages in industries from meatpacking to information technology. Numbers USA has worked most closely with conservative Republicans, but in recent weeks has built alliances with Democrats who share the concern.

    Numbers USA keeps a scorecard showing every vote by every member of Congress on immigration-related issues since 1989. The group assigns a letter grade to each member.

    Lawmakers who received an A-plus were all Republicans and included Representatives J. Dennis Hastert of Illinois and Tom Tancredo of Colorado, a presidential candidate. The lowest grades � F-minuses � went to Democrats, including Speaker Nancy Pelosi and Representative Joe Baca of California, chairman of the Congressional Hispanic Caucus.

    Numbers USA objects to proposals that increase the number of legal or illegal immigrants. It steers clear of debates over the allocation of visas.

    �It does not matter to us whether a visa goes to a high-tech worker, a farm worker or the sibling of a U.S. citizen,� Mr. Beck said.

    Numbers USA is one of many organizations fostered by John H. Tanton, an ophthalmologist from Michigan who has also championed efforts to protect the environment, limit population growth and promote English as an official language.

    Critics like the Southern Poverty Law Center and Representative Chris Cannon, Republican of Utah, have described Dr. Tanton as a father of the anti-immigration movement. Mark A. Potok, a senior researcher at the law center, called Numbers USA the �kinder, gentler side of that movement.�

    Mr. Beck said Numbers USA had been independent of Dr. Tanton since 2002. On the group�s Web site, Mr. Beck cautions against �immigrant bashing� and says, �Even illegal aliens deserve humane treatment as they are detected, detained and deported.�

    In the fight over the Senate bill, Numbers USA had daily conference calls with conservative groups like the Heritage Foundation and the Eagle Forum.

    For tax purposes, Numbers USA has two arms, an educational foundation and an advocacy group that lobbies Congress. Together, Mr. Beck said, they have a budget of $3 million this year, but will probably raise and spend $4.5 million.

    Mr. Beck said that in the past the group received about two-thirds of its money from foundations like the Colcom Foundation of Pittsburgh and the Weeden Foundation in New York. Many of these foundations have an interest in conservation.

    Numbers USA has raised the rest of its money from individual contributors over the Internet. The group collects detailed information on its members � their ethnic background, politics, religious affiliations, occupations and concerns � so it can choose the most effective advocates on any particular issue.

    In a survey question on religion, the group said the information would be useful because many lawmakers were likely to respond better to people with �a very similar religious worldview.�

    �This is our citizen army,� Mr. Beck said, pointing to a map that showed members of his group in every Congressional district.



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  • gc28262
    07-31 07:42 AM
    This company is on the wrong side of the law. Please read H1B laws from DOL(Department of Labor) site.

    Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)

    Employee Rights
    H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.

    U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.

    No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.

    U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.

    Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
    U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)

    If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
    Northern New Jersey District Office
    US Dept. of Labor
    Wage & Hour Division
    200 Sheffield Street, Room 102
    Mountainside, NJ 07092
    Phone:
    (908) 317-8611
    1-866-4-USWAGE
    (1-866-487-9243)
    Joseph Petrecca
    District Director

    Southern New Jersey District Office
    US Dept. of Labor
    Wage & Hour Division
    3131 Princeton Pike, Bldg. 5, Rm. 216
    Lawrenceville, NJ 08648
    Phone:
    (609) 538-8310
    1-866-4-USWAGE
    (1-866-487-9243)
    Pat Reilly
    District Director

    Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.




    dpp
    04-23 03:59 PM
    There is no Dead zone as such. They accepted all the applications received from July 2nd to Aug 17th. They have taken back the notice that they issued on July 2nd. So, they should accept all applications received in between the above period.


    Yeah I understand the (convoluted!) concept of processing date....And in fact, that definition does not even hold good due to the retrogressions we have been seeing in Processing dates as well which should not be happening as per definition.

    Anyway, I would have expected either a July 2 or July 17th... (skipping the zone in between). A July 11th indicates that they are currently processing some cases with that RD and everything else before that has been atleast 'touched'.

    But as I mentioned in my post, there may be cases filed during that 'dead zone' as well.




    mambarg
    08-30 01:30 PM
    I dont think you mean LUD on 485 correctly.
    It has to be after ND.



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