Thursday, June 23, 2011

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  • alucard666
    08-28 03:11 PM
    Something like this would have been in their news section but I just logged on and there is nothing there.




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  • Madhuri
    09-01 04:05 PM
    me too. I am a big fan of bee, logiclife, sunjoshi.


    i m a big fan of the bee and ragz4u and sunjoshi

    of course these daysi m interacting only with pappu...getting his "kangi" all set up




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  • vinzak
    06-16 12:10 PM
    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.




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  • bombaysardar
    07-10 10:15 PM
    I saw this idea in one of the other threads, and started a new thread so that we could get people's attention. What do you guys think? How about we shoot for 07/17.

    IV Core team - any thoughts??

    :)



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  • gc_chahiye
    01-08 01:23 PM
    My employer has not provided copy of labor or I-140.

    I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?

    not having copy of labor or I-140 is an issue for AC21?

    Does the cover-letter you included while filing your 485 include your job duties?
    thats basically what you need, to make sure your new duties/position are inline with what was decribed in the LC.




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  • qualified_trash
    08-30 12:05 PM
    When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?

    Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
    You are right. The issue is which is more important, the academic studies or the working experience.

    And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.

    If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.

    cheers,
    QT



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  • bigboy007
    11-21 02:07 AM
    You can call UK consulate and ask them for this information. They have a paid phone service (~2 dollars per minute) available. If you do not mind me asking, why are you going through the pain of getting a transit visa?
    they advice atleast 4-6 weeks even though avg processing time is 10 business days, you may email them its better than paying for same info




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  • yabadaba
    07-09 04:26 PM
    yea.. i did not read ur first post correctly..sorry



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  • Alabaman
    10-08 11:34 AM
    I am sure you don't even have to be in the US to trade in US stocks. There are people that have never been to the US that participate actively in US stocks and just as Americans participate in some foreign markets too.

    In the final analysis, most restrictions on H1B workers are stupid.




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  • purgan
    12-17 12:44 PM
    For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.

    A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.



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  • mbawa2574
    02-21 01:30 PM
    Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.

    :-)




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  • sorcerer666
    10-17 06:42 AM
    Thanks for the input

    New York Real Estate License FAQs from New York real estate school online. (http://new-york.realestateschoolonline.com/FAQ.aspx)
    so from this link and answer to question number 4, I take you can't even get a license to be a real estate agent in the state of NY, let alone someone sponsor your greencard. Sorry to be so brutal, but with a Master's degree I bet u can get a much better job than a real estate agent. Just my 2 cents.



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  • CADude
    07-31 10:03 PM
    No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)

    Dear All,
    Today, one of my Friend’s I-485 got returned from Mail room due to Filing fee missing.

    He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

    He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

    What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.




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  • dxldad
    05-12 01:38 PM
    So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.

    Does CS do the exactly same tests as PCP?

    How much time does it take to get results from CS?

    How much does CS charge?

    The Civil Surgeon does not even need to do any tests if you have all the documentation. You could check the website to find civil surgeons in your area and then call them up and ask for the rates. There is no uniform rate and people charge what they feel like. If you ask around, you would get good rates.



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  • sarasuva
    01-30 12:57 AM
    Any advise/guidance on this issue guys?




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  • helpful_leo
    02-03 12:31 AM
    The bill seems to apply to future PhD candidates who will come on an "F4" visa. Will current PhD candidates who will graduate on an F1 visa be similarly able to adjust status after 1 year of employment? If it does not, the potential benefits will be seen only after 4-6 years, which is when new candidates on an F4 visa will be getting their PhDs!

    Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!

    Interested individuals should contact lawmakers about these points and have them amend it!



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  • ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!




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  • Anders �stberg
    October 6th, 2005, 11:18 AM
    That's a great picture Gary!

    The price you pay, indeed... my best pictures have come from returning several times to the same spot where I've seen birds before, and spending hours waiting each time. You have to like just being out in nature to do it this way. I can recommend warm clothes and a thermos with something warm to drink. :)




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  • kc_p21
    06-15 09:43 PM
    Hello :

    My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.

    If I don't receive my new EAD card by July 28, 2010, then

    1) Will/Should I stop working?

    2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?

    Any response to these questions will be highly appreciated.

    Thanks!




    nixstor
    09-07 04:00 PM
    1a) Both translated and original are needed and might be sufficient. As of my knowledge, they are issuing them in local language and English currently in my native place.

    1b) DOB Cert by itself from the Consul's office will not be sufficient.

    1c) Every 485 applicant needs DOB certificate. So your wife does.

    3a) It depends on a variety of things like if you had chicken pox before or not. If you had been to school in US and have any immunization record / some sort of health record you submitted to them when you came in, the doctor might accept it. AFAIK, It is a 1 hr process how ever appointments might be 2 weeks away :)

    3b) Tests are valid for one year.

    http://www.uscis.gov/graphics/formsfee/forms/i-693.htm




    akred
    04-17 12:07 AM
    It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst

    True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).



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