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  • forever_waiting
    04-13 12:14 PM
    Why was this thread bumped up again? This bill was introduced in Jan and has been sitting in a committee since early feb and might never see light of day.





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  • ingegarcia
    04-03 08:54 AM
    As per AINP website you'll receive notification in 2 months.

    http://www.albertacanada.com/immigration/campaigns/h1b.html

    Hi,

    I send my AINP Application package on 18th March (H1-B worker stream) and was received by the AINP on 20th March. However I have not received any confirmation or a file number yet since it takes 2 months. Any idea if my application will be considered according to the current policies or according to the new changes that are coming up on April 15th?

    Please let me know.

    Thanks.





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  • Googler
    06-22 12:44 PM
    Didn't want to start a new thread for this (perhaps this thread should be re-titled Media Coverage of Name Check Mess)

    Today's NPR story about name checks
    http://www.npr.org/templates/story/story.php?storyId=11271832

    A New Spin:

    "The problem isn't entirely of the FBI's making, according to the bureau's assistant director, John Miller. A background check used to consist of looking to see whether a person was under investigation by the FBI. Now immigration officials want to know if the person's name has come up in any other investigations.

    That meant the FBI suddenly had to redo some 2.7 million checks. Miller said that load was added to the 3 million background checks the FBI typically gets every year; the result was that the bureau was overwhelmed.

    "When you hand someone � with a staff of 30 [people] � 2.7 million names and say, 'Do them over' � and not just do them over, but where there are issues and questions and missing files, 'Resolve those issues' � you are going to have a challenge on your hands," Miller says.

    To combat the problem, Miller says the FBI is raising the fees they charge various agencies so they can hire more staff. A typical background check costs about $2. The FBI is raising the fee to $9.

    FBI officials are also talking to the Department of Homeland Security about borrowing some of their employees to clear out the backlog. And they are discussing how they might change FBI criteria to make the process more efficient.

    "There is a perception born of these stories that we're indifferent," Miller says. He adds, "But we're processing them faster than we are taking them in."


    "According to Miller, only about 30 percent of applicants are running into such difficulties."

    ONLY??!! Since when did 1/3 of something become "only"?





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  • srarao
    07-19 02:30 PM
    Can somebody let me know



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  • pointlesswait
    04-10 04:10 PM
    who cares what Lou dobbs says???
    he has been yelping for ages... its all abt rating and ranting;-):cool:





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  • abhijitp
    01-29 01:11 PM
    you are awesome

    NP, thanks for bumping this up.... I won't be spending any more time "bumping up" as guys who live and work around Fremont have heard this loud & clear by now...

    Fremont BART station, 5 pm to 7 pm every weekday beginning today... BE THERE!!!



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  • BharatPremi
    12-07 11:59 AM
    Hi!

    I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

    I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

    Thanks for reading this thread and commenting.

    In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
    "should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.

    So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.

    And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.

    Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....





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  • varshadas
    02-10 05:31 PM
    Guys its important to contact your local congressmen. There are a lot of congressmen in your state who are opposed to immigration. Please gather people to contact your local congressmen



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  • 123456mg
    07-20 03:32 AM
    Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) and tax returns is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.

    Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".

    The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.

    There are various factors to consider here:

    1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.

    2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.





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  • gimme_GC2006
    04-17 03:46 PM
    It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.

    hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.

    I think both of you are correct. :)

    Initially AINP website had a message that starting April15th there will be change in NOC codes..but they removed it last week..so I guess, they are not going to change NOC list for now.

    there is a big forum on Canada immigration..if you guys want to follow..

    http://www.canadavisa.com/canada-immigration-discussion-board/index.php

    No..I am not affiliated with site and I get no benefits by posting the link here..use the site at your discretion:D



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  • indyanguy
    10-19 07:52 PM
    Actually, IMO, stocks is a loosers game. Many have tried it and have lost a "lot" of money(including myself). If you would like to make money through investments(i didn't say *stocks*), you should go with something like mutual funds and have a well diversified portfolio across different asset classes.

    If you really want to get yourself into stock market investing, the best book(Holy Grail for people like Warren Buffet and many other Mutual Fund managers) to get started on is is The Intelligent Investor by Benjamin Graham. There are tons of discussion forums like morningstar.com that has discussions about finance related topics. You could also get started with Mutual Funds for Dummies, Common Sense book on Investing by John Bogle, The Intelligent Asset Allocator by Bill Bernstein etc., There are tons of other ones, but this would get you started.

    But, my 2 cents, have a long term goal, educate yourself on what investing(again, I didn't say stocks) is and get started. Investing is a marathon not a sprint.

    Hope this helps.

    Sanjay.

    Thanks for the info. This is helpful. I see what you are saying. However, don't you think that considering there are a lot of stocks that are at bargain prices (due to the downturn in the economy and not necessarily due to the company's performance), this would be the right time to buy and hold and build up the portfolio. As Buffet himself said "Be fearful when others are greedy, and be greedy when others are fearful."

    I strongly feel investing in well known companies' stocks which are battered temporarily is a nice way of expecting better returns when the stock market revives.





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  • santa123
    08-15 07:21 AM
    Welcome back vdlrao...
    what does the SEP VB indicate to you?
    you had predicted that there will be a mild retro and does the fwd movement indicate better days ahead?

    We IVians look fwd to your analysis and insight. Thanks!



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  • xgoogle
    11-12 05:34 PM
    Even if you are not paid, working for a for-profit organization implies taking away job from a legal resident/citizen who could otherwise have been paid. If its a non-profit org, its a different matter.





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  • seeking_GC
    07-11 10:56 PM
    This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......


    http://www.usimmlaw.com/current_information.htm


    Copying the contents of the website below :


    Visa numbers WERE available July 2nd!!
    We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!

    In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!

    So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.

    USCIS did not use all visa numbers before July 2nd.

    Did USCIS actually use the visa numbers it requested????
    Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.

    In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.

    However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.

    We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!



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  • GC08
    07-08 08:37 PM
    Correct - None is the answer! My law firm (Fragomen) didnt ask for them when they submitted my docs on JUly 2. Maybe they are needed if the USCIS comes back with an RFE.

    I think if your case is pretty straight forward, there should be no problem without W2. What's the point to have it anyway? Some people do not even work for the petition employer since GC is for a future job. Right?





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  • dealsnet
    11-08 02:06 PM
    Family based, majority (90%) is done by consular processing. AOS mostly for EB based. Petition for relatives is from the mother country, who is not present in USA for AOS. Yes - I agree with andy garcia

    I-130, Petition for Alien Relative
    I-140, Immigrant Petition for Alien Worker

    Both require a I-485 to adjust status



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  • Quest99
    09-14 03:30 PM
    Here is my story:

    I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.

    Here is my problem:

    1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).

    I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.

    I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).

    Company B is asking me pay $3000 for some damages and they say that it is as per the contract.

    To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.

    The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).

    The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.

    I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.

    Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.





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  • ImmigrationAnswerMan
    07-13 11:36 PM
    Sangeetha:

    USCIS does want to see that you worked for your prior H-1B employers, but USCIS is happy to accept recent paystubs to show this.

    It doesn't hurt to submit experience letters, but as explained before, you do not need experience letters for H-1Bs.





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  • nlssubbu
    10-02 11:38 AM
    Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?

    Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.

    The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.

    (Though I got GC now, my H1 is valid till end of 2010 :) )





    Nanda
    07-11 11:00 PM
    I am in Tampa. Let me know if I can help in any way.





    makemygc
    07-20 03:28 PM
    I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.

    Yes, it's definitely a issue. Talk to your lawyer immediately.

    Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.



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