Sunday, July 3, 2011

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  • GoneSouth
    07-27 10:39 AM
    Thought folks might find the following interesting.

    I recently returned from a visit to Canada where I stayed with my brother-in-law, who owns a small but very successful web development shop. He told me that due to the booming Canadian economy, he can no longer find experienced programmers at reasonable bill rates. So he's been doing some outsourcing to get cheap foreign labor ... hiring American programmers !




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  • 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.




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  • Blog Feeds
    08-02 07:20 PM
    Recently an undated USCIS draft memorandum surfaced. The Memo was offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. Here is the entire memo for our readers to view:

    Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).

    Shortly after the memo leaked to the public the Immigration service had this to say:

    �Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�

    What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.




    More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)




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  • pd_recapturing
    06-17 09:17 PM
    Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.



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  • newtoh1
    03-25 11:00 AM
    Hi,

    My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.

    Thanks




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  • copsmart
    08-18 07:50 PM
    I am hoping someone can shed some light on this situation:

    I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.

    Any issue with Birth Certificate, Marriage Certificate (if you are a dependent), Medical report & etc could trigger an RFE.

    May be your 140 is approvable & 485 will be approved as soon as you reply to the RFE.
    I have seen other posts in this forum where people have reported that they received both 485 and 140 approvals together.

    Whatever the RFE is, reply to it ASAP and you should be lucky enough to get your GC before the dates change.

    Good luck.



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  • MONCYS
    03-28 07:03 PM
    updated my profile.




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  • chinna2003
    05-15 09:27 AM
    My EB1 is not a very strong case as it is, so we are relying on the EB3 petition. I will definitely correct my profile as suggested.
    No disrespect intended, I still am not sure after reading your post whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).



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  • go_guy123
    01-14 04:49 AM
    If you do get the F-1 visa, then you likely would not face any difficulty at the airport. However, F-1 visa requires non-immigration intent, which would be very difficult, if not impossible, for you to prove. Unfortunately, even J-1 visa requires you to prove non-immigration intent. So if you go outside USA, very likely you will not be able to get back. Therefore, I believe that traveling in your state is not advisable; you should stay put until your children's father is in a position to marry you. Then you can obtain the fiancee visa (K-1) and travel abroad.

    depending on the country of citizenship J1 waiver is also needed




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  • senthil1
    05-01 09:32 AM
    Many people might have lost job because of last year rally. Here I heard one of company in Chicago area fired all the illegal immigrants in last year immeditely after rally. So this kind of things may not be necessarily positive.

    If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:



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  • smdfarooq
    06-09 05:33 PM
    Thanks you so much




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  • mrsr
    06-19 11:30 AM
    What happens if the PPD is posiive and x ray is negative as can be the case in may indian because of BCG Vaccine

    please people with similar situation share yr exp

    thanks



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  • krishna
    06-30 03:06 PM
    Since your attorney is not filing (No G28 is filed when you DIY). I did this and I got approval for both EAD/AP in a month's time.




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  • JohnGalt08
    02-20 08:19 PM
    this is not consistent. I just booked appt for my in laws yesterday 54 year old but did not get 157 pop up just 156. hope this helps.

    you can log in to the vfs website and see if a DS157 is available for filling in. If yes, then just fill it out and print it.



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  • dohko
    04-29 07:42 AM
    I got the following message, does this mean they're sending me my green card? Or I have to wait until they say Card production ordered?

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On April 23, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.




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  • clifford
    02-02 06:06 PM
    Thank you for replying. My Apr 2008 EB3 PD is so deep in the pit that I better take chances to apply again in EB2 .
    Regards,
    Clifford



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  • reachinus
    08-14 01:26 PM
    You are contradicting your statement - " H1 extension with CSC which was denied but I got a H1 approval notice", you say extension is denied but got approval notice. Approval for? Anyways, you have to ask the airlines to take the I-94, so that you can get a new one. Usually if you are going to Canada for less than 30 days they say that they will not take it. Either ask the airlines to take it or else when entering US explain ur situation to the IO and ask him to issue a new I-94. Hope this helps.

    -------------------------
    If my answer is of help to you please consider contributing to IV so that we can continue our service.




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  • ShilpaT
    11-20 02:47 PM
    My company had promised that they would start my GC processing once I complete a year which was in March 2009. Since then they have been going back and forth with the lawyers writing the job description to post the job ad.

    The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.

    I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.

    My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.

    What can i do?




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  • 10dulkar
    08-08 09:34 AM
    My company is paying all cost of GC. So they refused to file after July 2nd USCIS letter.




    vandanaverdia
    09-07 02:52 PM
    ^^^ bump ^^^ Anyone working in Microsoft, Amazon, Starbucks, Boeing.. all of them... please spread the word, post internally, talk to friends.. I am sure there can be more people from Seattle attending the rally! Wake up, lets go..




    dg_247
    05-19 04:39 PM
    Hi,

    My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
    Is he out of status?
    Can he show that he is on vacation till he gets a project?
    Is there any other way?

    Pls help.

    Thanks!



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