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  • reachinus
    07-23 03:37 PM
    C. UHRMACHER @ 8,26am on July 2





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  • crystal
    10-06 01:03 PM
    --
    c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?

    >>You need to fill new I-9 form

    If any one has info, please share.





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  • forgerator
    02-22 01:55 PM
    I am trying to port from EB3-EB2 from the same employer.

    Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:

    Required: BS+3
    MS+1 also accepted
    Experience in technologies A,B,C,D

    I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.

    Required:MS+1
    Experience in technologies A,B,C,D

    Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
    Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?

    Any replies are really appreciated.

    isthereawayout, you and I are in exactly the same situation.

    In my case , back in 2007, I was filed under EB3 for a Software Developer position, even though I had MS + 2yr exp. However the job was such that it required Bachelor + 2yr so it was filed under EB3.

    Last year, I got promoted to Senior Software Developer. Employer is filing me under EB2 this time, and will use same experience as the one from EB3 , i.e. MS + 2 yr exp. However this time the job is such that it requires Bachelor + 5 yr.

    The only difference I believe is the Job description of the posting itself. In that, they have requested experience in technologies which are different from the ones listed in my EB3 job description.

    Hope that answers your question.





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  • rajum02
    05-14 11:07 AM
    Howard County .. ( Columbia, ellicotcity)



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  • monkeyman
    08-29 02:05 PM
    I checked my bank account today. The checks got encashed.
    USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.

    Nothing so far - lawyer says not one check is encashed so far -





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  • Shailesh76
    12-09 10:34 AM
    Here is my letter with names out:
    Dear Senator,
    My name is -------, and I am a highly skilled technology consulting professional from India. I came to the U.S. back in 2000 on employment and since then, I have made an excellent contribution to all the employers that I have worked for. My current work involves consulting in Public Sector for a State Police Agency. I am involved in developing an information system that will increase officer safety, and boost crime prevention and control.

    However, I feel that my human rights are being violated.

    My wife, --------, is a CPA - a highly qualified and accomplished individual. She cleared the NASBA CPA exam with flying colors in first attempt.

    However, she feels her human rights are being violated.

    This is so due to an issue called Employer Based Green Card Retrogression.

    In these years, we have earned top notch dollars, paid taxes, made charitable contributions, visited numerous craft fairs and bought American products, and participated in the cultural diversity of this country. Highly skilled and accomplished as we are, we don't have a life.
    We don't have a life, because we don't have security and peace of mind. We don't have peace of mind because after toiling for more than six years, we are still temporary workers. We don't have a green card yet.
    Because we don't have a green card, life has come to a hold. Here's how.
    For the longest time we didn't participate in my employer's 401 K plan because we weren't sure if we will get our green card and become permanent residents and hence be able to enjoy fruit of our labor after retirement. I didn�t buy life insurance, or make long term investments for the same reason - unless we get a green card it seems like we are living in an exotic refugee camp. We haven't bought a home because our H1Bs have always been tied to a particular employer, and there is always this chance where if for some reason one of us loses our job, then we will not be able to afford the mortgage and may also have to leave the country in a matter of days, leaving no time for us to sell the house.
    Senator, where is my American Dream? Why has America created a temporary workers' program which is completely unfavorable to the worker's quality of life and long term welfare?
    My wife's H1B visa is expiring this February 2007, and since her green card was not filed and mine has no chances of showing up in that time, she will have to quit her job and sit at home - almost under house arrest. I can't even imagine what it would do the morale and self-confidence of a dignified woman who has earned her living through her hard work all these years.
    Senator, we are in a crisis.
    EB Green Card backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in this country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.

    But this need not be the case.

    By passing legislation that provides H-1B and EB green card backlog relief, you will be showing your support for enabling the best and brightest from around the globe to contribute their skills and knowledge to the U.S. economy, which is good for American workers, American businesses, and the country�s long-term economic health.

    I request your support for the High-Skilled Immigrant Interim Relief Act of 2006 bill introduced in the Senate by Senator Cornyn. This bill provides relief to legal high-skilled immigrants waiting patiently for their permanent residency and gives required impetus to innovation and competitiveness in the U.S. A similar bill popularly known as the Securing Knowledge, Innovation and Leadership (SKIL) bill was introduced in the Senate by Senator Cornyn and co-sponsored by Senators Allard, Allen, Bennett, Enzi, Hutchison and Lott. This bill has also been introduced in the House by Rep. Shadegg and co-sponsored by Reps. Conaway, Doolittle, Flake, Hoekstra, McCaul, Pence, Shimkus and Tiahrt.


    I am a member of Immigration Voice, a national grassroots organization of legal high-skilled immigrants. Our organization is committed to helping the United States maintain economic competitiveness by retaining the world's best and brightest talent in the United States.

    My family and about 500,000 others are in urgent need of your action in this matter.



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  • reddog
    04-24 03:07 PM
    To avoid the RFE, will it be okay to get registered at the local county in US?

    I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL

    If you are not married, Yes, you can get married in the US, however, you will have to register the marriage in your home country if both of you are non-citizens.

    If you get married in accordance with the Hindu rituals, you will need a Memorandum of Marriage to get a certificate. the form might vary from state to state or even jurisdictions.
    OR
    you can set up a date with your marriage court and get married in court, that is called a legal marriage(registered marriage).





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  • anandrajesh
    04-07 11:40 PM
    I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.

    Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?

    Any help will be greatly appreciated!


    Dont worry about it. Enjoy your cruise trip.



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  • snathan
    09-30 09:35 AM
    Yes, I am a USC, but the Fiance Visa would mean she has to go back to China and wait.

    Its possible the IO at POE can deny the entry. So its advisable to get married and follow your attorney's guide.





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  • mallu
    12-18 08:30 PM
    Govt. has stipulated some wage while doing LCA. I think these activists should go after the govt. to raise that wage if they feel if it is low.



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  • DareYouFireMe
    02-19 12:29 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!

    I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2





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  • logiclife
    09-25 12:07 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.


    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.



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  • USDream2Dust
    09-24 06:38 PM
    Guys.Don't make the mistake that I made.

    When you do medicals, get a copy for yourself as the doctor would seal the form and give you. Keep a copy for yourself.

    I went in to get Physicals done and was charged 580$ for me and my wife.

    they normally charge 200$ per person which is quite normal here in NJ/NY.

    But they couldn't fine a record for me and had to order blood work and charged me160 for it. Also gave me 25$ flu shot.

    On top of all they won't use my insurance for physicals.

    SUCKS!!!!





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  • nairvimal
    06-18 11:20 AM
    -



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  • sathweb
    02-04 01:23 PM
    Thanks four response. Do you have any format to write a letter to Senator or congressman?

    I created a letter by myself with detailed explanation of my problem. That included My I-140 and I-485 and my wife details as well. That was not necessary though.

    Most senators have their own "PRIVACY ACT RELEASE FORM" on their website. If you call them they will explain you what they need and they will fax you the empty forms. Trust me; they will guide you in the right direction. All you need to do is to call your local Senator office, they are very professional.





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  • cooler
    07-07 03:23 PM
    Continuation..
    My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).

    We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?

    That would make things so much more easier..



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  • dilipb
    02-07 04:56 PM
    Seriously speaking I still am not convinced....
    Can someone ellaborate on this more?
    Thanks...





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  • factoryman
    02-09 07:46 PM
    Feel free to use this material and beat the efforts to snatch unused EB3 visas. Demand that these be allocated to all retrogressed categories.

    U.S. Plan to Lure Nurses May Hurt Poor Nations

    As the United States runs short of nurses, senators are looking abroad. A little-noticed provision in their immigration bill would throw open the gate to nurses and, some fear, drain them from the world's developing countries.
    ............
    The exodus of nurses from poor to rich countries has strained health systems in the developing world, which are already facing severe shortages of their own. Many African countries have begun to demand compensation for the training and loss of nurses and doctors who move away.
    ....................
    Public health experts in poor countries, told about the proposal in recent days, reacted with dismay and outrage, coupled with doubts that their nurses would resist the magnetic pull of the United States, which sits at the pinnacle of the global labor market for nurses.
    ..............
    Removing the immigration cap, they said, would particularly hit the Philippines, which sends more nurses to the United States than any other country, at least several thousand a year. Health care has deteriorated there in recent years as tens of thousands of nurses have moved abroad. Thousands of ill-paid doctors have even abandoned their profession to become migrant-ready nurses themselves, Filipino researchers say.

    ................
    Holly Burkhalter, with Physicians for Human Rights, an advocacy group, said the nurse proposal could undermine the United States' multibillion-dollar effort to combat AIDS and malaria by potentially worsening the shortage of health workers in poor countries. "We're pouring water in a bucket with a hole in it, and we drilled the hole," she said.

    LINK at NYTIMES.COM (http://www.nytimes.com/2006/05/24/world/americas/24nurses.html?ex=1171170000&en=5f216b04314ec71c&ei=5070) (requires free registration)





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  • chanduv23
    01-13 11:32 AM
    Attorney Prashanthi Reddy is in India now on a vacation and will not be on IV chat till the 3rd week of January. She plans to conduct her chat sessions once she comes back and I or someone else will post details.





    roseball
    01-17 11:11 PM
    Hey All,

    I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.

    Recently, I got my H1b visa extension until 2012.

    I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".

    I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.

    I do hav an employment verification letter obtained from my manager at end client "X".

    I am planning to do my visa stamping while in Mumbai. I have 4 questions :

    1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
    do you recommend me to go to Mumbai for new visa stamping ?

    2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
    Any advice ????????

    3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?

    4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.

    I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.

    One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.





    diptam
    08-13 11:49 AM
    This is not an " go as you like" game in some 3rd world lawless Immigration Dept.... As long as we have Provided Initial evidence and you have Proof of that - who will dare to reject your case under the current legislations ??

    Now what they can do is Probably re-define the word "Initial Evidence" and overload it little more. That wont even matter because your/mine "IE" should be taken from the Doc that was in place during July 2nd - Right ??

    What do you say ??

    nothing seems to be moving forward...and this is the last week for Aug 17th...so the more # of rejections/denials without possibility to reapply/re-appeal the less burden or number of applications they will have to process...my thoughts!



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