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  • kate123
    04-09 05:49 PM
    OMG :eek: 3 months to withdraw PERM!
    Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.

    Dear IV Friends,

    After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.

    Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile

    I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.



    Thanks.




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  • krupa
    07-10 09:02 AM
    Can u post the link to that bulletin announced on 9th july 2007? We didnt find anywhere ?

    vaishu


    Visa Bulletin
    Number 108
    Volume IX
    Washington, D.C.


    The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.

    The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.

    Input by Krupa:

    The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.




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  • Winner
    04-26 08:20 AM
    Troll Alert?




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  • mmk123
    04-26 11:06 PM
    Many of us came here because an American University admitted us and sent us invitation (aka I20) to attend the program and many are working here because american companies invited us and sponsored our work documents and pays us very well at par with other knowledge workers. The company and industry we work in, needs our skills (even in this recession) and that's why we are here.

    Believe me, most of us won't let GC situation drive our lives and will succeed no matter where we will be and will make sure to be helpful and grateful to all people and the country we are in. May be it's India or US or Canada or else ...



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  • mamunda
    07-17 07:09 PM
    I am from Africa..my Priority date is 9-2004 - Labor, and I 140 approved. havent filed the 485 yet - But i guess I will....So my question was if i get married like in Dec or so...can i apply for the GC for my wife...Thanks! Cheers..Just joined today.....this site rocks!

    Ps how do i post like a new topic without replying... and I am on h 1 b paper only..not stamped in passport..exp 6-2009




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  • waitnwatch
    05-25 07:40 PM
    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.



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  • Ryall
    09-06 02:14 PM
    ps7....hmmm, boy do I need to upgrade. I am still working with ver 5! haha well one of these days Ill drop the cash on it!

    Peace




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  • calboy78
    07-27 03:30 PM
    EAD is only required if you want to work and you don't have any other document which will allow you to work (e.g. a valid un-expired H1)

    Cheers :)

    Hi,

    My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.

    Thanks.



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  • lostinbeta
    10-22 04:20 PM
    In the Shinra Mansion in Clouds hometown.

    All the way in the basement behind that locked door.

    You have to get the key from the safe which is also in a room in the Shinra Mansion. (up the steps and to the right I believe)




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  • willwin
    03-22 05:05 PM
    This PWD has easily become another "major" process in the very long, frustrating GC journey.

    PWD-LC-I140-AOS!!!

    Don't be surprised if they bring a premium processing for PWD request and charge $1000 for that.



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  • tikka
    05-25 12:55 PM
    any one???

    New york is same day. Not sure about chicago.

    Could you please send a web fax it will take less than a minute.

    Thank you




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  • masti_Gai
    10-25 12:22 PM
    am waitin since May thrid week. :(
    am not gonna give them a single penny
    its almost five and half months
    lemme see how long they will take to take a decision on ma case.:confused:
    not worth spendin ma hard earned money when my PD isn't current.:rolleyes:



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  • imh1b
    07-29 02:35 PM
    Spillover from Family to Employment will occur for FY 2010-2011. Not for September.

    Family spillover for 2009-10 is approximately 10500, and is already allocated.

    We wouldn't know this number until DOS publishes Immigration Statistics for 2010.

    You are right. He said end of year for spillover from family. So I understood as September,
    I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.




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  • waitingforgc
    06-05 09:37 PM
    I applied for my H-1 extension in mid April and my current H-1 is valid till mid August. After reading about the waiting times in the posts above I am wondering what happens if I don't get the approval until mid August. Will I be out of status ?

    Thanks



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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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  • VivekAhuja
    08-21 06:28 PM
    You can work as many hours as you like when on H1B. The only requirement is that you work for the SAME EMPLOYER that sponsored your H1B.

    Letter for parents to come if required only when getting visa at the consulate (addresses to Consular Gen.). Nothing is needed at Port Of Entry. They are Immigration Officers at POE, but the only questions they will ask is where will they stay? What is your name? where you work? etc. Simple Qs.



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  • zeal2005
    02-11 12:25 PM
    My GC was filed by Chugh firm and I did not face any problems so far. I left my GC sponsoring company as well and still continuing with them for AC21 and other issues. In general, you have to carefully verify the data in the application that the firm feel up but that is applicable for any law firm you choose.




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  • sprajulu
    07-08 03:15 PM
    Congrates Man

    what is your EB category and PD?




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  • abhikal
    04-28 06:23 PM
    Hi guys,
    please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
    My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?

    Thanks for your help and replies




    paskal
    07-14 12:01 PM
    why is there not an EB3 Philipenes with backlogs?
    that would free up EB3 ROW and allow spillover
    Clearly Philipenes has enough applicants to have backlog issues???




    humsuplou
    03-09 01:30 PM
    Right, one can own but not run a business with H1-B, but can own and run with EAD.

    Thanks again!!!



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