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  • naushit
    01-09 02:58 PM
    Guys Here are my ideas for actions.

    Our community is facing basically two types of problems

    1) Visa number shortage.
    2) USCIS Administrative problems.

    Visa Number shortage is not fixable without proper law change.

    While USCIS Administrative problems are easier to handle.

    I would suggest, after new homeland security secretary (Janet Napolitano) takes office on Jan 20 2009, We should simply take 30 minute appointment.
    Sit down with her....and explain her along with "Power point" presentation.

    We are highly skilled professionals, so lets tackle these issue very professional way.

    We should explain her about following things

    - Out of order case processing ( this will fix about 40% of our problems)

    Since our case becomes very very predictible.. one can sleep at night without checking their emails from CRIS.

    - Timely publication of numbers.

    - Proper publication of backlog numbers with details for each category.

    - Open communication with IV community just like Ombudsman take calls from public.

    - Please add your idea here

    Thanks!
    Naushit.





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  • raysaikat
    07-10 08:50 PM
    Hello,

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
    There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.


    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
    This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.

    Here is the actual language of the law:

    (7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.


    I highly recommend that you read the 8 CFR from uscis.gov.

    What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.



    though i can work until the petition is pending.

    I'd really appreciate any advise...

    Thanks
    Raj





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  • sundarpn
    08-23 04:36 PM
    I am told that is better to apply for COS after like a semester or two of study on H-4...

    Looks like chaning to F-1 is better since OPT gives a great benefit to finidng a job esp in current conditions where no-one is going to file for an H1b right of the bat...
    Also once on F-1, she is not dependent on the H1B status of the primary.





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  • pappu
    11-30 06:15 PM
    Guys,

    If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?

    Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?

    Thanks.

    You need to invoke IV-21 :D



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  • roseball
    07-27 04:32 AM
    She should be fine....Even if your wife's petition is not filed you have 180 days to submit the application after your I-485 is approved....There was a separate thread which discussed this in detail...You can seach for it....





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  • mchundi
    12-16 06:26 PM
    The numbers for 2005 were released in jan 06. They were discussed then in this forum.
    http://immigrationvoice.org/forum/showthread.php?t=78
    Please post the links when ever they release the numbers for the fiscal year 2006.



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  • eb3_nepa
    07-18 09:10 AM
    Guys,

    IV has FINALLY gotten most of us Through the door. Now we have a 20,000 membership. If everyone of us contributes $10 per month that is $200,000 a month. If we cannot even contribute $10 PER MONTH, that is really really cheap of us.

    Guys IV has done its job, now to ensure that we get to the finish line FAST, we need to dig into our pockets and not even very deep!

    Common people It is $10 a MONTH





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  • texanguy
    01-20 02:44 PM
    "recent forum posts" block truncates the subject matter. old site had all of them on one side, they were complete and it really looked good.
    otherwise, the site looks good.

    it is going to be a little hard to get used to this new look. afterall, the old site had a background color which was very unique. That stood it apart from other sites.

    oh well, the CHANGE has finally come to IV's site as well...I for one, am planning to embrace it :cool:



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  • bkarnik
    04-04 10:36 PM
    The AOS (485) is based on the I-140 approved for the beneficiary listed in the I-140 and not the labor. Besides, the DOL is not really concerned about EB2 or EB3 category. The DOL asks for the alien information just to verify that the job ad is not tailored to meet the alien's qualifications. EB2, EB3, etc are categories under the INA which become applicable only once the I0140 is filed. In a nutshell, your friend should have consulted another attorney before the I-140 was filed under EB3. It is not possible to change the 485 filing to EB2 based on the labor because the immediately preceding step to filing 485 is the I-140 which governs.





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  • zoozee
    06-11 05:56 PM
    Mistake..............Now i am not able to change the title-sorry guys.



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  • lazycis
    02-12 07:18 PM
    Hi Wandmaker, Even If I need to work for the same employer do I need to use my EAD ?.

    If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.

    Yes, use EAD (fill new I-9 from). After H1 extension is approved, leave and re-enter with new H1 stamp. Fill new I-9 form.





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  • ragz4u
    01-25 11:53 AM
    What is lobbying and is it legal?
    As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying

    It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about

    What has lobbying got to do with the Immigration Bill?

    As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.

    The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others

    This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.

    This markup already seems to contain the provisions we need, what are we still worried about?

    If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.

    1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time

    2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!

    3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history

    4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here

    5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture

    So as can be seen, there are various stumbling blocks towards achieving a favorable bill.

    The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.

    A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital

    Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?

    We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.

    During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.

    It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.

    Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.

    A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.

    We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.

    All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams

    And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm



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  • Marphad
    11-19 07:57 AM
    I-485

    TSC --- June 27, 2007
    NSC --- July 05, 2007

    :mad:

    Does this make a difference when retrogression is not moving?





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  • Sri_
    09-27 03:46 PM
    Whoever has already attended FP, did the FP officer ask for 485 receipt also along with FP Notice.

    I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.

    Thanks



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  • wizkid732
    08-26 07:50 AM
    Hi Thanks for the reply,
    I applied for on a labor substitution in mid 2005 which was denied as the same labor was applied to other cases (thanks to the employer). That was fraud and no fault of ours. Many of the folks int he same boat then have obtained their GC.

    I think I am the "Chosen One" for investigation :-)

    Did you ever had problem in getting VISA or your case was sent for further review because of security reasons? I just want to understand if there were any abnormalities in your any visa approval(s).

    All the best. Hope you become green and recyclable (job wise) soon :)





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  • aguy
    01-05 12:53 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?



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  • cherish37
    10-24 03:03 PM
    Hi sreedhar,
    I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
    Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.





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  • illinois_alum
    08-11 03:25 PM
    Thanks for your prompt reply.

    My I-94 has already expired .So should I put that validity date??

    I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.

    Thanks again

    If you don't have a valid I-94 then you could add your AP expiration date as the validity date





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  • CPUWiz
    12-14 11:30 AM
    There have been many issues with USCIS and three year degrees from Canada, India and the UK. If you want to fight this then you have to prove that your education is equivalent to a US bachelors which many of the degrees from some countries are. You cannot use experience towards adding credits to your degree when dealing with an I-140 like you can for a H1B visa. Two years equals an Associate degree - three year bachelors programs can be (and have been) proven to equal a US bachelors.

    This degree evaluation company has been the most successful in generating acceptable evaluations that complete a successfull case approval. It cost me a lot more than I expected but at least I was able to get my I-140 approved.

    Sheila Danzig, Director
    Career Consulting International
    www.TheDegreePeople.com
    1.800.771.4723 (toll free voice)
    1.866.585.1409 (toll free fax)
    1304 SW 160th Ave. #203, Sunrise FL 33326





    glus
    06-25 09:31 AM
    Hi:
    Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.





    akred
    05-26 07:27 PM
    I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.



    Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)

    1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.

    2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.

    I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.



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