Wednesday, June 15, 2011

the charlotte observer

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  • amsh
    08-22 04:01 PM
    Hi there,

    Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.

    Note: Still I am working for the same sponsered employer.

    1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?
    -both applications are independent of each other
    2. What happens to my EB3 processing if my EB2 got rejected for some reason?
    ----it remains valid

    3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?
    ---No risk
    4. What all the requirements filing EB2 for converting from EB3?
    ------5 years of progressive experience or post graduate degree and the job for which you are working for requires that .
    I would really appreciate your answers.

    Thanks,
    Matt.

    Hi Matt





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  • smiling08
    09-19 08:52 AM
    HI All,

    I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!

    Fan





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  • redgreen
    12-16 02:14 PM
    I had only I-485 receipt (previous I-94 expired, passport had validity for only 3 weeks) and in MA I got a driver's license for 5 years.





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  • Gravitation
    06-04 10:11 AM
    Morning business @ 2:30 p.m. ??

    morning business - Routine business that is supposed to occur during the first two hours of a new legislative day. This business includes receiving messages from the President and from the House of Representatives, reports from executive branch officials, petitions from citizens, memorials from States, and committee reports, and the introduction of bills and submission of resolutions. In practice, the Senate often does this business instead by unanimous consent at other convenient points in the day.

    Reference:
    http://www.senate.gov/reference/glossary_term/morning_business.htm



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  • pyaradesi
    01-10 12:09 PM
    Hi H1TechSlave,

    I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.

    The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
    The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
    Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
    Now, this report was published in 2003, it has been buried for good reason.

    How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.

    Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".





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  • teddy the dog
    02-07 08:59 PM
    Advance Parole. You are not alone. :)



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  • thomachan72
    03-04 09:29 AM
    Isn't there something called I-9 also that has to be maintained by the local HR?
    So basically the HR should pocess copies of the latest visa/I-797, I-94, LCA/I-129 and I-9?
    Correct / add if anything is missed. This is important for people who work in facilities other than corporate headquarters also where the files will primarily be maintained at the corp headquarters.





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  • tdasara
    05-29 08:42 AM
    This basically is adding insult to injury!

    How can one expect a sane professional being stuck with the same job description for 5-10-15 years with little or no pay increase?

    Oh, well, that's the law!! So were Jim Crow laws....An unjust law no law at all! Augustine of Hippo

    For Christ sake...the PD's are stuck in Windows 2000 era (even Windows 98 era). We have had XP, Vista and now Windows 7 and we are expected to work on Windows 98?

    So in case of an RFE, do we plead saying Windows 98/Windows 2000 are obselete no sensible (profitable) business uses it and I have to work on Windows Vista?



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  • nixstor
    09-11 01:53 PM
    OFLC is nothing but a department of the agency (DOL)

    http://www.workforcesecurity.doleta.gov/foreign/

    OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.





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  • kaisersose
    05-07 11:38 AM
    Just go to the doctor get a new set of paperwork for the vaccines he originally gave you.

    My wife did not take vaccines as she was pregnant. We were waiting for an RFE to get it done. We got the RFE last week, but there is nothing about medicals in there! Instead they have asked for a birth certificate copy - something that was already sent with the 485 app.



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  • meridiani.planum
    10-12 08:37 PM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.

    based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).

    In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
    Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.





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  • raysaikat
    03-17 03:46 PM
    (I am not an attorney)


    File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
    File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.

    I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.

    EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.

    To answer the original question:

    You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.



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  • copsmart
    02-01 09:15 AM
    The worst meter I have ever seen is the Chennai Auto rickshaw meter. :D
    Your electric meter is much tampered than that! Congratulations!!! Your meter broke the record!

    BTW, did you check the meter reading?
    The guy who collected the reading might have noted a wrong number. Probably, he noted the numbers from the adjacent meter. :)





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  • webm
    05-28 10:43 PM
    Hi everybody,

    please help - the lawyer filed the original EAD/AP applications.

    Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
    if I am filing paper EAD/AP forms???

    Thanks....

    Yes file the G-28 forms as well..thats what i did too..



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  • kiranraheja
    08-12 03:51 PM
    Hi Billu/anyone,

    Did anyone try this Dish Network iptv service? Its expensive and has a contract attached so wanted to know if I should go ahead with it.

    Thanks.





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  • ken
    09-29 11:40 PM
    I opted for renewing the AP online on Sept 22,2009.Got the receipt at the same time, and next day which is Sept 23 i sent the supporting documents along with the cover letter,2 photographs ,confirmation receipt ,485 receipt, DL copy and passport copy from Priority Mail with delivery confirmation. Today when I tried to check the status on postal website it says that document scanned on Sept 23 which means they haven't reached the destination, now this concerns me because previously when ever I applied AP and sent the supporting documents they normally take 2 to 3 business days to reach.

    Now my question:

    1) If suppose the AP supporting documents get lost in mail then can I send the documents again and if in the mean time postal service delivers the first set


    In between I see soft LUD's of 9/28 on my wife AP

    All responses to the above matter is highly appreciated



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  • srinivas_o
    09-16 02:41 PM
    Thanks to all of you guys. Your responses makes me feel good about travelling to India. Once again, thank you.





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  • nixstor
    07-12 02:47 PM
    Some famous Indian Americans that I googled on. Will it be a good idea to approach / send them notes.


    Politics
    ------
    Kumar P. Barve, State legislator and Majority Leader of the Maryland House of Delegates
    Satveer Chaudhary, state Senator in Minnesota.
    Toby Chaudhuri, Democratic communications strategist.
    Swati Dandekar, an Iowa State Representative
    Dinesh D'Souza, a conservative commentator and author
    Kris Kolluri, New Jersey Commissioner of Transportation.
    Upendra Chivukula, state legislator (New Jersey General Assembly); first Indian-American elected to the NJ legislature.
    Kamala Harris, District Attorney of San Francisco; first Indian-American elected as a D.A. in the United States. Her sister, Maya Harris, was made the Executive Director of the ACLU of Northern California in October 2006.
    Bobby Jindal, U.S. Congressman from Louisiana; former gubernatorial candidate; Republican.
    Raj Mukherji, New Jersey lobbyist and businessman.
    Vij Pawar, New Jersey attorney and former congressional candidate.
    Ramesh Ponnuru, contributing editor at the National Review, political commentator
    Dalip Singh Saund, the first Indian-American congressman, was a Democratic member of the U.S. House of Representatives from California
    S. R. Sidarth, Democratic campaign volunteer who sparked the George Allen "Macaca" incident.
    Shashi Tharoor, Undersecretary General for Communications and Public Information for the United Nations. Candidate for UN general secretary post
    Sanjay Puri, Chairman of USINPAC & USIBA
    Nikki Haley, South Carolina legislator
    Rachel Paulose first woman to become a U.S. Attorney in Minnesota, US Attorney for the District of Minnesota
    Sameer Kanal, Democratic National Convention 2004 delegate for Howard Dean from Washington.
    Dr. Joy Cherian Appointed by President Reagan to be first Asian and Indian American to head the Equal Employemnt Opportunity Commission (EEOC) in 1987

    Thanks for googling this list up. USINPAC tried to portray us as Emigration voice and we will ask them for help. :(

    Guys on the list of Howard Dean/ S R Siddharth etc cannot help us with our cause. The irony is they dont relate our cause at all, because we neither have right to vote nor the right to contribute to their democratic national committee funds

    B T W one andhrite from Detroit gave 1 mil USD to clintons for gracing TANA 2007. I don't know if he is a consulting company owner or a doctor but many andhrites run consulting companies and they would not love us to be freed :)





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  • indianindian2006
    07-24 03:41 PM
    Hi,
    My situation is as follows:
    1) approved RIR labor 2002
    2) approved perm labor 2005
    3) approved i-140 2006 (PD 2005)
    4) ALL of above for company-A. 2006 company-B took over.

    My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

    I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

    SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(

    Regards,
    -Ravi
    I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.





    signin241
    07-24 09:15 PM
    Thanks for the responses.

    I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.





    glus
    12-16 09:09 AM
    I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.

    I work in an immigration law office, so I know the general procedure.

    Suggestion: First, inform your attorney of your intent to disclose this mistake with a state Bar and wait how he deals with it. Do not be afraid. This is due process and you have right to do it. Keep all mail receipts for records and copies of all and ANY correspondence with the attorney. Wait how he responds. Normally, your attorney should admit the mistake and straight things up with USCIS on himself.This is because an attorney can loose a license to practice in his state if he does not fix this after you file a complaint with state BAR. If you receive no feedback, you should inform a state BAR about this to protect your self. Then, go to a different attorney's office and try to work with a new attorney to straight things out. This is serious. Contact me via PM if you need more info. thanx.

    Remember: USCIS keeps a copy of each thing you send. So, sooner or later this important mistake may surface and cause you trouble. That's why you need to fix this out.



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