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  • archanais
    07-04 06:09 PM
    When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
    They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.

    I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement letter.They are ready to do corp-to-corp, forthat have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost.

    To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).

    Shall I start green card again with company Y ?
    Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.


    :( I am almost in tears.




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  • viswanadh73
    11-18 02:19 PM
    I am wondering none of these senators who responded as of now understand our request for adding the provision of recapturing unused visas. Please read below response from IOWA senator and not even one word about our request.

    I appreciate you taking the time to share with me your views regarding S. 729, the Development, Relief, and Education for Alien Minors Act. The views of my fellow Iowans are an essential component of my decision making process as a Member of Congress.

    As you may know, Senator Richard Durbin introduced S. 729 on March 26, 2009. This legislation would allow unlawful immigrants who entered the U.S. as minors to gain eligibility for higher education benefits based on state residence, unless a U.S. citizen is eligible for the same benefits. S. 729 has been referred to the Senate Committee on Judiciary. You will be interested to know that Congressman Howard Berman introduced H.R. 1751, the American Dream Act, on March 26, 2009, which would create a similar law. H.R. 1751 has been referred to the House Committee on Judiciary and the House Committee on Education and Labor. Please be assured that I will keep your views in mind should the full House consider this issue during the 111th Congress.

    Our nation faces many challenges, and economic recovery is vital if we are to meet them. As a senior member of the House Committee on Transportation and Infrastructure, I will continue building upon the job creation opportunities that I have delivered to the 3rd District in order to expand commerce, spur business development, and provide economic opportunity to all. I periodically provide electronic updates on issues I think my constituents might be interested in. If you would like to receive the E-newsletter, please sign up at my Web Site at Congressman Leonard Boswell : Home (http://boswell.house.gov). As always, please feel free to contact me or my office if ever you think we may be of assistance.

    Sincerely,

    Leonard L. Boswell
    Member of Congress




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  • marty
    05-30 11:54 AM
    Marty,

    Is it necessary to apply for SIN and Medical at this point since we are not settling in Canada for atleast few months?

    Yes, get the SIN number no matter if you are settling in canada now or never.




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  • indyanguy
    09-26 12:58 PM
    By Self employment, do you mean working on 1099 or by starting a business and working for it?

    Per my lawyer,

    1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
    2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
    3. Self employment is ok as long as the requirements are met and that is what is I am doing now.



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  • desi3933
    07-09 11:02 PM
    Chandu,

    1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.

    Sankap -

    Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.

    1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.

    2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.

    3. I-140 is for permannet and full time job only. See Page 5 of
    http://www.uscis.gov/files/form/i-140instr.pdf

    4. Also, read this. It says 'Permanent Employment'
    OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)

    Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
    Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.

    5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.

    6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.

    7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.

    8. Most of the full time exempt jobs in this country are permanent in nature.


    ___________________
    Not a legal advice.




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  • ragz4u
    05-02 10:45 AM
    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.



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  • another one
    07-03 12:58 PM
    should we also try another vendor just to diversify the risk of this one deciding not to deliver. I will do some research to see which others a re available.

    http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=13&Go.y=9

    Try this link one more time ..




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  • amitjoey
    05-23 01:06 PM
    Called Senator Leahy's office. The lady asked me to leave a message to the senator on the answering machine.

    Neelu, Please post your messages on the phone thread also, it will inspire everybody to start calling.



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  • stldude
    08-13 03:20 PM
    I-140 approved from Texas.

    Congrats! Where is ur I140 approved from.




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  • lelica32
    06-06 02:17 AM
    The question is: Is he milking you or your your company? LOL and UDD.

    UDD for use due diligence.


    I talk about I-140



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  • kbsyed61
    08-14 08:52 AM
    Yesterday I recd. the receipt notice for my I-485 filing on July 2, 2007.

    PD - 11/2004, EB2, India
    Service Center - Nebraska
    Receipt Date - July 2, 2007
    Notice Date - August 4, 2007




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  • hsingh82
    05-08 03:33 PM
    I think we should protest in front of capitol with placards reading "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race". We should set up a tent and do a huger strike.


    "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race".

    I liked these, how about we send copies of our degrees, W-2's (-ssn) and resumes with one of these to Obama to prove the point that we actually are highly skilled people?



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  • camarasa
    07-09 06:06 PM
    Guys and gals when you email people and talk to people of the media etc please stress "LEGAL IMMIGRATION". I've been reading a few messages of late that open with "immigration" but only start talking about legal immigration a few paragraphs later. Please stress "LEGAL" everytime you mention the word "immigration". Thanks.




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  • Saralayar
    08-26 08:23 PM
    Saralayar,

    Please add a poll to this thread to track number of application mailed per week to USCIS eg Week of July 17th, Week of July 23, Week of July 30,Week of August 6 & Week of August 13th.

    Hopefully this will help us understand the load.


    --BB
    I have included the Poll.



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  • gcsomeday
    06-26 06:13 PM
    record conversatios with these jack ass employers. It is surprising how much crap and illegal things they tell and do during negotiations. Not sure about the legality, would not harm if you dont use it. We keep seeing news on people getting screwed and then when outed the victim is not usually screwed by the system again.

    Also, I wonder if any employment contract not tied to any reasonable time estimate( like 485 - who knows when we will get it) will hold.Its akin to slavery.




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  • Mount Soche
    11-06 02:27 PM
    I'm a july filer (July 16th)
    have gotten EAD
    Case status online says AP approved on Nov 2nd.
    But NO FP.
    Opened a SR on Oct 19th but don't have an appointment.
    Called again yesterday and was told to call back on Nov 19th if I still don't have FP appointment.
    Of the 6 filers at my job, only 2 got FP...very strange.
    FYI, when I called the USCIS, they said it is very unusual not to get FP right after receipt notices. Apparently, the FP appointments are sent "automatically" after the receipts are generated/sent etc. That's what the USCIS rep told me anyways and she opened a SR on her own based on the info I gave her that my FP appointment hadn't arrived after over 100 days.



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  • Life2Live
    12-13 04:39 PM
    Apahilaj,

    Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.

    We may want to try a different strategy to inquire about our FP rather than calling that number floating around which is of no use to us. All I got from calling that number was WAIT , Local ASC must be busy.

    I am not sure InfoPass appointment will help, but hope its worth trying.

    I am July Filer too I have not received evn a single receipt for anything. I called USCIS they said it is taking from 90 to 120 days so wait and call.




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  • mirage
    03-07 11:48 AM
    Nothing had been achieven in last 9 years. Last thing when anything that congress did for immigration was AC21 in 2000. Than how do you thing whatever our agenda is, can be achieved ?? While I think our agenda has to be modified so that we don't ask them what they have been rejecting repeatedly.

    Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...

    IV is a platform where people do things together NOT everyone digressing in their own ways..not right...




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  • GCnew
    11-30 05:41 PM
    I have heard that getting a Canadian Green Card is faster. May be that is another alternative for you.




    delhiguy
    07-08 05:57 PM
    It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extends to everybody (citizens, GC holders and non-immigrants) alike.

    It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).

    But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.


    After reading your example about the GC i am very positive now, about the lawsuit




    AllVNeedGcPc
    04-14 08:35 AM
    Thanks for posting your experience. Did you apply for your SIN and your PR card? Do you (or anyone else) have any info on how that's done or what the procedure is?

    - Once you complete landing procedure at POE and provide your Canadian address, PR card will come automatically at your address in mail

    - SIN (number printout) you can get instantly at any of the ServiceCanada centers. In Toronto, they have plenty of these centers in downtown (Bay street, lake shore blvd, yonge st ...). Card comes in mail



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