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Monday, June 27, 2011

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  • immi_enthu
    08-14 03:29 PM
    Since July 2nd people can claim they sent when VB was showing current. July17th onward will have revised VB.
    No status for July3rd to July16 applications.:eek:


    "Applications already properly filed with USCIS will also be accepted."

    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf

    Dont worry if you filed everything properly.





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  • GCBy3000
    07-17 03:35 PM
    Congratulations. You are very very lucky looking at the big UUUUUUUU for EB2 from next month.





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  • mzdial
    March 22nd, 2004, 12:28 AM
    Yeah.. it was one of the loudest games I've been at.. Definately playoff noise levels. Too bad the outcome wasn't the way I wanted it.

    Sorry.. no shots from the season ticket areas.. Someone probably would of said something when the big ole' white lens came out. :-)

    -- Matt





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  • rennieallen
    09-27 01:28 AM
    EB-3 ROW = EB-3 Rest of World then there's EB-3 Mainland China, EB-3 Mexico, EB-3 India and EB-3 Philippines. Please correct me if I'm wrong. :D

    Actually, I don't think there really is a ROW is there? Isn't it just that 193 country columns isn't practical.



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  • Blog Feeds
    02-10 08:50 PM
    Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

    With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

    Background

    On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.

    In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)

    The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.

    This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.

    Requirements in the Statute

    The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
    A. Temporary Increase in the Number of Professional Visas Available

    There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
    B. Electronic Postings

    LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
    C. Attestations Required for Employers Dependent Upon Foreign Professionals

    U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.

    The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.

    H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
    D. Increased Enforcement and Penalties for Violations

    The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
    E. Back Benching H-1B Employees

    Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
    F. Benefits

    Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
    G. Additional Fee for Use of H-1B Program

    Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
    H. Prevailing Wage Computations

    For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
    I. Academic Honoraria

    Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.

    Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!




    More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)





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  • johnmcdonald98
    08-16 06:04 PM
    all the best with your wife's SSN application. My wife got her EAD 2 months ago and next day only we applied for SSN. Still waiting to get one. We called them after 4 weeks of application and they say they are waiting from USCIS to respond with the legal status (confirming EAD) to issue this number. So after 2 months still status is same.
    I asked them if there is anything we could do, answer is none.
    Can i speak with your supervisor to get more info, answer is same.

    According to the EAD, she can work. She has TIN number, but I am not sure if she can use that...



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  • viswanadh73
    01-03 02:53 PM
    hi i have a question here:

    suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
    Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
    so whose application processed first? is x's or Y's for final GC process.
    thanks for your answers.





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  • 140jibjab
    01-11 11:06 AM
    When you apply for H4 for the new wife. Make sure you take the follwoing:

    1. Divorce Decree.
    2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
    3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).

    All the best

    Thank you so much...

    What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???



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  • Lasantha
    08-10 11:50 AM
    Hi,

    Is the weekly service center press release out? Where can I find those press releases? I couldn't find any links on the USCIS site.

    Thanks!

    Lasantha





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  • sapota
    10-18 05:53 PM
    What�s the logic behind USCIS receiving 500,000 Naturalization Applications in July and August 2007? How do the VISA numbers being current relate to Naturalization?!?!?!?!

    This due to increased fee coming to effect after July.



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  • sj2273
    05-18 01:33 PM
    Try Rajaguru Nalliah in Michigan. I hope that helps.





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  • plassey
    08-17 03:47 PM
    I think you are screwed for next several years. And I can bet on it from experience.
    Hello everyone,

    Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.

    SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?


    Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
    Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
    Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320



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  • sircaustic
    07-21 10:48 PM
    Need some help here answering a question in form I-539 Part 4, Section 3, Item a, b and c as follows:

    Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.

    Are you, or any other person included on the application, an applicant for an immigrant visa?
    Has an immigrant petition ever been filed for you or for any other person included in this application?
    Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?


    I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.



    Here's my status:
    -Working in US since 2004 on a H1B so this is my 7th year extension.
    -This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
    -I-140 was filed in March 2007 and approved in October the same year.
    -I-485 for family and I was filed in July/August wave in 2007.
    -LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?

    I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.





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  • leo_loco
    08-07 10:49 AM
    As of my knowledge and talking with others, it seems like they will issue receipt to you for each of those application. Regarding I-485 processing, yes they will wait untill your labor substitution is done then they will process I-140 and once I-140 is approved they will process I-485. If I-140 is not approved then they wouldnt be able to process I-485 even if it's current.

    I had applied for Labor Substitution/140/485/EAD concurrently on July 2nd. If I understand the process correctly, I would receive 3 different receipt notices and 3 different approvals for LC/140/485?

    I have applied in NSC. What is the approximate processing times for approving:
    1. Labor Substitution
    2. I 140
    3. I 485.

    Also, will they start processing 485 only after LC and 140 are approved?

    Thanks.



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  • linuxra
    09-24 07:52 AM
    Hi All,
    Thanks in Advance...
    I got an email from USCIS that my and my wife's I-485 got RFE''s
    I files my 485 through lawyer,I recently moved to new location...
    Will the rfe notice come to me or my lawyer...
    I updated the old address on the day i got RFE notice?
    Please advise...





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  • milind70
    08-07 09:28 PM
    Hi guys,

    How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?

    Applying concurrent: 140/485

    present physical location(my present address) state comes under : TSC
    Future job location state comes under : NSC

    Confused...

    Thanks in advance

    It is based on where you live or what is your current address

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD



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  • titu1972
    11-07 01:11 PM
    I have applied my I-131 through e-file. Immediately I got the receipt no(LIN##########).
    Can anybody tell me what supporting document I need to send to NSC.
    By the way, I got my EAD. I don't want to spend money such stupid form fill up which takes 10 min by the attorney.





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  • iyer
    11-30 07:28 PM
    1) You can stay home even without any job, when you have EAD.

    2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.

    Chill out, you are good.


    Hello Guru's

    Please help on this. Need your suggestions/ thoughts.

    Thanks





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  • a_to_z_gc
    02-19 12:15 PM
    One question for I-140 for EB-2 versus EB-3.

    If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

    Please confirm your views, as I have heard different versions.

    Thanks!


    Yes it really IS impossible to determine which will move quicker.

    and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

    EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.





    insbaby
    02-04 07:44 AM
    I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped “Certified True Copy” with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped “Certified True Copy” with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.

    Don't worry too much. H1Bs are not required to show proof to return to home country or at least the consulates won't worry too much about it. The care about your education, skills and their validity.

    The visa is for work purpose and you will be out of status once it expires, and that will cause too much trouble if you overstatyed.

    There is no "Certified True Copy", all of them have numbers taged and they can verify things internally.

    Just take what you have been given by your employer/lawyer to the consulate, and you will get it without much headace.

    Good Luck.





    amitga
    10-26 10:27 AM
    Hi Seniros

    My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
    Thank you

    Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.



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