неділя, 26 червня 2011 р.

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  • jungalee43
    03-25 08:22 PM
    I have also written to Mr. Rajghatta explaining several facts. The draft is similar to one given by sertasheep




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  • arc
    06-17 04:44 PM
    Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

    Just my 1 cent :D

    *Disclaimer*
    I am not an attorney. Please take advice from an attorney. :cool:

    You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?




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  • zofa30
    09-13 04:21 PM
    Hi a_yaja,
    Thank you very much for taking the time to give me an example. I appreciate it. I just have some comments/questions that will further clarify the situation for me.

    1- You mantioned "For your date to be current, the cut-off date has to be July 8th, 2010 or later." I think you ment that the cut-off date has to be July 7th, 2006 or later because my Priority Date is July 7th, 2006 based on the example you gave?

    2- Could you please guide me to the bulliten that states the cut off date for countries. That will help me to understand if it worth to worry about porting the PD or not.

    3- I am not from China or India. Is that mean the priority date is current for Eb-2 + perm (employment based (2nd category))? If this is the case why should I worry about porting PD from old EB2 to new EB2?

    Thanks,




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  • Sakthisagar
    08-06 02:14 PM
    Is it a big blow for desi consulting firms??

    US raises H-1B, L1 visa fee by $2000


    Washington: The US Senate today approved a substantial increase in application fees for H-1B and L1 visas, most sought after by Indian IT professionals to fund a $ 600 million emergency package to improve security along the porous Mexican border.

    The proposed massive increase in H-1B and L1 visa application fee would primarily affect the top Indian IT companies who rely majorly on these categories of visas to continue with their work in the US. The Senate measure increases the visa fee to $ 2,000 per application on those companies that have less than 50 percent of their employees as American citizens.

    "I prefer our source, which is from these companies which are not, as I say they are companies whose whole purpose is to bring people in on H-1B and the vast majority of them from other countries who go back to the other countries. That is a better funding source," Senator Charles Schumer from New York said in his remarks on the Senate floor.

    Schumer along with his other democratic colleagues including Senator Claire McCaskill has introduced the legislation in this regard, which was passed by unanimous consent. During the debate, however, Senator John McCain wanted to fund the security along the Mexican border with the stimulus money, which was turned down by Schumer.

    "The bottom line is this. I like the H-1B programme, and I think it does a lot of good for a lot of American companies. In fact, in the immigration proposal I made, along with Senator Reid and Senator Menendez, as well as the outline with Senator Graham, we expand H-1B in a variety of ways," Schumer argued.

    "There is a part of H-1B that is abused, and it is by companies that are not American companies or even companies that are making something. Rather, they are companies that take foreign folks, bring them here, and then they stay here for a few years, learn their expertise, and go back. We think we should increase the fees when they do that," the Senator said.

    Rejecting McCain's proposal to get the funding from the stimulus money, Schumer said: "I hope, even though I cannot accept these amendments, that maybe we could come together on something that we could bring back in September because I do believe we have to secure the border."

    Schumer said: "Even in the comprehensive proposal that we made, we said we have to secure the border and do other things as well. It is my belief that securing the border alone will not solve our immigration problems; that until we have comprehensive reform, particularly in making sure employers do not hire illegal immigrants which they now do, even though they do not know they are illegal immigrants because documents are so easily forged, that we have to do comprehensive. But we should do the border. To say we have to do comprehensive does not gainsay that we have to work on theborder and work on it quickly and soon."

    It is not clear yet, if this increase would also apply only to those firms that are also H-1B-dependent.

    All Politics, .. only senate approved this now Congress has to put on vote and pass this and The President has to Sign, then only this is a Law other wise this remains as a Proposal.



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  • Dipika
    08-14 01:10 PM
    Not sure what way they are going to approve cases.
    But i noticed, All approved cases are clear, means no RFE in any stage.




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  • raysaikat
    09-13 03:56 PM
    Hello,
    I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.

    I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
    Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:

    1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)

    OR

    • At least three of the following apply to him/her:
    o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
    o A record of major commercial or critically acclaimed success.
    o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
    o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
    o Other comparable evidence

    Aliens in the Motion Picture or TV Industry
    The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.


    When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.



    As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.

    Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
    O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.


    We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?

    And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?

    Thank you for your answers!

    EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):

    Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:

    Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

    Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]

    Published material about the alien in professional or major trade publications or other major media;

    Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]

    Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

    Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

    Evidence that the alien's work has been displayed at artistic exhibitions or showcases;

    Performance of a leading or critical role in distinguished organizations;

    Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

    Evidence of commercial successes in the performing arts.



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  • babuworld
    02-08 11:11 AM
    Hi,

    I filed it for my wife. Please follow the following steps

    1. https://efiling.uscis.dhs.gov/efile/ Register your by clicking on new user
    2.After Registering it will ask you to select with forms you want to file online.
    3. Select I-765 (EAD) file . Make sure you have the following information with you Passport number,Current I-94, DOB, A# number etc, H1B or H4 info ready.
    4. Once you fill the form , it will ask for credit card information.
    5. Once you submit the form . it will automatically generate LIN number for you.
    6. Please Post that form to TSC or NSC what ever center you belong.
    NOTE: Please do not post any other document unless asked by USCIS.
    7. You will get Recipt number in One week also you will get Figure Print Notice the following week.

    Hope this information will help you alot.

    I did efiling for Myself and we got Receipt Notice is one week. Figure Print in next week and EAD in 11 weeks.

    Good Luck!

    Thanks,
    babuworld.




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  • JunRN
    06-09 09:33 AM
    You never know where to put all these important documents safely. The best thing to do it maintain a copy on a separate location so that when it got stolen, you have copies to remember its details, etc.

    It is very important to file a complaint to the police so that the lost is recorded.



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  • gcformeornot
    01-22 03:22 PM
    Hello,


    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?




    Thanks!
    Daniel

    can apply for your family based green cards only after she is 21 years old.




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  • dilbert_cal
    04-30 12:13 PM
    One of my colleague filed his 140 in third week of March. Will update when it gets cleared.



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  • rsrajendran
    07-19 01:05 PM
    Spill over from FB should go to most retrogressed EB category regardless of the EB1,2,3,..

    In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.




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  • needlotsofluck
    08-01 09:56 PM
    Old filing fee and form if filed by 8/17
    No negative side other than a few days delay for them to match it up against your I-485

    I called USCIS #1800-375-5283 option:1,2,2,6,2,2,1 and informed me to use the new forms and should be mailed to new mailing addresses. As per new forms, I have to file I-765 and I-131 on two different locations. I am now confused?



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  • ronhira
    04-28 10:31 AM
    we r coming to a full circle here..... over 90% americans also supported & practiced slavery back in 1786...... the declaration of independence was agreed by all americans and it said - "We hold these truths to be self-evident, that all men are created equal.... but over 90% americans supported slavery which wasthe biggest mockery of what everyone believed..... it just proves that just becoz majority of the people support something doesn't make it right or doesn't make it just.... in the end this nation had to go in for a civil war between the north & the south to end slavery.....

    fast forward.... the current immigration debate is no different...... this country ought to have learned from the experience of the civil war..... for all the men, women and children who died in the civil war.... this country & this world provides for abundance of resources for everyone..... we can all cohabit this planet and live happily.... some people just don't want too..... the real question is...... will these facist forces stop with the undocumented or will they next try to squash another group who don't look like them..... my guess is that after they take care of the undocumented..... we r next.... its the generation old question that was asked during 2nd world war.... will the nazi forces of hitler stop within europe or will they next attack the US or soviet etc.... we all know the answer to that question.... and hence the 2nd world war.... the debate for the undocumented is of the same kind.... do we stop the negative fascist forces right here or will they be allowed to expand their wings.... i know the final outcome..... its just a matter of time.....

    now u can throw out all the bull arguing that these are "illegal" people or they crossed the border etc.... these r the same sort of arguments presented for slavery or for mistreating women or immigrant groups, who were treated as slaves back then.... these negative fascist forces said the exact same things against abolishing slavery or giving equal rights to women, african americans and different immigrant groups..... u may think u are on the right side of this debate but u have no freaking clue that above human law there is another law... and that greater law supersedes every other human law.... every action in contradiction to the greater law will eventually lose.... wait & watch.... its just a matter of time....


    60% of Americans support getting tough on illegals. Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders. Both Mexico and India (just to pick to countries) have very tough laws against visa over-stay, presence with out visa etc.

    Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)




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  • sb724
    08-15 05:34 PM
    Hi,

    I got RFE as PAchai_Attai, the difference is he got NOID.
    My attorney has submitted evidences a week ago, still now no updates on my 485.
    I have not got tracking # from attorney, he sent email that he submitted evidences. He said he can not check which is my track # used to my case in his office.
    He said I have to wait long time to see updates on my case, becuase USCIS is receiving applications in flood.
    These Evidences supposed to received by USCIS before Aug 13th. My case is at NSC.
    I am in confusion that how to deal this.

    Please advise.

    Thanks
    sk



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  • Raksha
    12-11 06:26 PM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?




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  • Munshi75
    10-09 06:16 PM
    By all standards, you should have the receipt number by now. Call USCIS customer service and follow the menu, have lot of patience and all the info with u when u call them up.



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  • njdude26
    07-19 03:57 PM
    My attorney today informed me just a week after he sent an email to them saying that case was closed in error they replied back saying they are reopening the case. wow that was fast...




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  • mlkedave
    03-08 12:40 PM
    Dark Child has no votes, someones gotta vote for him, hes got a really good layout.
    yeah i thought it was gonna be between him, paddy, and me




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  • chanduv23
    12-09 10:18 PM
    ^^^^




    pmb76
    05-08 03:22 PM
    Ofcourse they deserve an H1-B visa. That what makes this country a great place to live ! Diversity of people and the freedom to choose what you do best in your career. That's why we are all here.
    Software is easy. By the way I write device driver kernel code and I still think it is much easier compared to fashion modeling. Your kernel crashes - you look at the stack trace and create a patch - simple. As a fashion model you mess up on the ramp - you mess up millions of $s in advertisements and your entire career.
    Most Engineers have this way of self-glorifying themselves which I kind of find rather lame. Your job is the easiest and you are overpaid. Wake up and smell the coffee ... or er Chai :)




    gc_kaavaali
    12-10 06:57 PM
    in my view software engineer and business analyst are NOT similar. One deals with generating lines of code and the other is taking requirements...in my view both are different...talk to your attorney...it is just my view only...and u know i am neither expert nor an attorney...



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