Tuesday, June 21, 2011

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  • GC_ASP
    03-18 05:47 PM
    Thats what I understood as well. Eb-2 benefited the most because of this.

    When there are no country limits like in a situation quoted above, its completely based on PD's. India had
    EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.





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  • Hermione
    09-26 11:13 AM
    No problem. I just wanted to encourage everyone with a strong feeling on H1 increase to post on the CNN site.

    I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.

    I support H1-B's and please continue in the debate for H1-B's.





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  • sanjeev_2004
    06-30 09:33 PM
    In my opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.

    Most of the time my many decisions didn’t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.





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  • akilhere
    10-14 10:09 AM
    That's better. Collect the radiologist's report and send them at the earliest. Make sure your attorney sends it to addressed mentioned in the letter. Someone's attorney in this forum used FedEx's service (sent to non-PO Box address) and took longer time to reach right department.

    As I said earlier, my doctor was not in USCIS's current list. So, I had to redo everything. My status has changed to 'Respone to RFE review'
    FeedFront
    I got the radiologist's report. Its on an official letterhead of the hospital and it includes his findings, recommendations etc. but it doesn't contain his signature. It only says "Read By: Dr. XXX and Prepared by: Dr. XXX. Nothing is handwritten, its all in print and the top portion says Radiology Report. It includes all my information including my DOB etc.
    But the RFE says that the Radiologist's report should be on an official letterhead and signed by the Radiologist.
    When i called the Doctor's office, they said that these documents are received electronically and are E-Signed so there won't be any signatures as such. They have mailed me a sealed copy but I'm wondering if this will be a problem since it doesn't contain the Radiologists's signature.
    Any inputs on this would be appreciated.

    Thanks,



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  • optimist578
    01-31 01:44 PM
    If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?





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  • vivekm1309
    06-12 10:04 AM
    Here is a link ...that does talk about issues related to legal immigration ...IV is also mentioned in this article

    http://www.ibnlive.com/news/world/06_2007/bush-gives-indian-immigrants-hope-42746.html



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  • ivy55
    01-16 08:17 PM
    Contributing $20/month





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  • mheggade
    07-20 10:24 AM
    The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?

    DOS has stated that they have given entire EB1 over flow (approx 25,000 visa's) and EB2 ROW over flow to EB2 I and C. Per my estimate, It is definitely possible that we could see at least 30k to 40k EB2 I approvals for this FY.
    If only DOS pulls up some kind of trick and come up with strategy to give similar kind of over flow next year to EB3 I and C. We could see EB3 cut off move to Mid 2003.



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  • Dhundhun
    06-28 11:55 PM
    Thank you Dhundhun.

    For some reason I thought the difference between Welcome Email and Card Ordered email is only couple of days.

    One of my friend's family got GC (friend's wife and son - approx 3 weeks after mail). But his medical records were lost in USCIS - got RFE to produce medical records. His GC got delayed by 6 months.

    So looking at the way things are going on, have patience - now it may take some time, but it will come.

    Just you have to see, what that RFE is for.





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  • Buran
    02-15 01:09 PM
    Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.

    I don\'t want to stand in line three times longer just because 60 percent of the applicants are natives of one country. Look what\'s going on with H-1B. There is no per-country quota and ROW is simply screwed.



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  • ashwin_27
    02-28 03:09 PM
    I am flying in from California on Sunday (april 3rd morning) and will be flying back on tuesday evening (flight departs 5 Pm - could not get red-eye) from DCA (Reagan DC Natl Airport).
    Was planning to rent a car anyway for Sunday (to attend orientation and other personal errands). Holding off on renting car for Mon/Tue depending on car pool and other commute options. Will be staying with a host from this forum.

    Look forward to syncing up with other folks in the same boat.





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  • chanduv23
    09-28 03:36 PM
    Good point Jaime... currency strengthening has nothing to do with general career opportunities in that particular country. In short term it is because of interest rate differentials and in long run it is because of multiple factors primarily being inflation and trade balance. Therefore moving to Europe or India (best performing Asian currency this year) because of appreciating local currency does not mean anything as far as your career opportunities are concerned.

    By the time you are settled in Europe (5-10 years), the currency rates may reverse because US would have started exporting more goods to Europe as US goods would be getting cheaper. Euro and dollar zones are mature market based currencies so we can say something about them.

    However, same is not true for India largely because of intervention of RBI. However, look at Japanese currency, over 3 decades it has risen from 600 yen to 115 yen even after intervention of Japanese central bank. This is because of strength of exports from Japan. So it is possible that INR may end up somewhere near Rs. 8-15 if we go by PPP or somewhere in between depending upon trade balance and inflation. However recent reports suggest that Rs. 32-35 is breaking point and Indian software exports will become costlier than simply offshoring to Arkansas or Illinois. Therefore, most likely Indian govt. will step in and avoid dollar free fall against rupee.

    Very good analysis.

    On another note people discuss about excessive war spending and lack of funding for technology and research and innovation and offcourse, lack of motivation to fix the legal immigration mess and protectionistic policy appproach as part of vote bank politics.

    So we have two different perspectives here.



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  • jonty_11
    07-11 04:37 PM
    >>>>>>>>





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  • desi3933
    01-31 06:00 PM
    desi3933,

    Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:

    From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
    There is nothing like out of status thing from the time we apply for 485.

    But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.

    My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
    Will the W2 be sufficient or do we have to show our monthly pay stubs.
    You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?

    I would highly appreciate response.Thank you.

    >> how do we know what our H1 LCA amount is?
    Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • feedfront
    09-21 12:23 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.



    Thanks.

    Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.

    You can hold your H1 transfer for a week or two till you don't respond.

    I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.

    I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.

    I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.

    Good Luck!





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  • JazzByTheBay
    09-26 02:22 PM
    CNN/FSB news report by Eileen Zimmerman corrected


    http://morejazzbythebay.wordpress.com/2007/09/26/cnnfsb-news-report-by-eileen-zimmerman-corrected/

    cheers!
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  • Jaime
    09-11 02:48 PM
    Come on guys! Make up your minds and attend the rally! You still have time! We'll help you! LET'S GO!!! Let's make history!!!





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  • willigetagc
    08-23 09:56 AM
    Hi, I hope somebody helps in my dilemma.

    I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?

    Thanks.

    Tricky situation, many permutations. Check with a lawyer.

    But I think if you file for I-140 asap you can lock in the PD. When that becomes current (chances are good if you are not from India/China) you can file for I-485, get your EAD+AP and continue working on the EAD.

    Other option is to apply for a H1B change of status on the FIRST day the USCIS starts accepting applications. If you get approval, then it kicks in Oct 01, 2009. The odds of getting an approval are approximately 1 in 2. On the flip-side, you might have to restart your GC process and get a labor certification first.





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  • sanju_dba
    09-09 01:50 PM
    This is a big fantasy.

    EB3 is not going to get current in the next 4-5 years you said.

    Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.

    The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.

    I say we stop dreaming and do a rally in DC.

    I understand what you said, but just to consider the off numbers published by dos

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf


    EB2 total pending 34325
    EB3 total pending 136325


    2010-2011 quota EB1+EB2 ( 85343 )
    less eb2 " " 34325
    --------------------------------------------
    " " 51018 trickeling down for EB3 Worldwide?
    2010-2011 quota EB3 ( 42671 )
    less eb3 - 136325
    --------------------------------------------
    42636 ( eb3 pending left over from above )
    2011-2012 quota eb1+eb2+eb3 128013

    So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?

    above math is based on
    inaccurate numbers given by DOS?
    assuming no new applicants applying.
    Hope I am correct! :)





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    saravanaraj.sathya
    03-10 03:02 PM
    There is nothing to worry. You should be fine. IT does not really depend on your specific skills. If you move to another position as systems analyst with diferent technical skills it should not matter. So long as you are in the same/similar occupation as defined in ONET job code.

    Ve fun

    Guru's

    I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.

    The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code

    15-1051 Computer Systems Analysts
    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.

    But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?