Monday, July 4, 2011

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  • tikka
    07-05 11:27 AM
    this article

    http://digg.com/politics/Reversal_Fr...ard_Applicants




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  • GC08
    07-08 12:38 PM
    Previous years Oct Visa Bulletins doesn't look encouraging at all, EB-3 India moved by a week and other categories move by a month or 2. With USCIS taking huge no. of applications in june'07 the future of oct'07 seems to be pretty bleak, It is quiet depressing. We surely need this legislation of ability to file 485 even if visa dates not current.

    And also recapture lost visa #s in previous several years automatically and increase efficiency in adjudicating cases (including name check, etc.). :D




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  • unitednations
    08-24 09:28 PM
    Maybe we are getting off the topic.

    USCIS is giving a hard time for h-1b's.


    If vemont service center:

    ensure LCA is for client location and company location.

    ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).

    For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).

    for california service center:

    companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.

    get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.

    Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.

    For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.

    For extensions; file as early as possible so you don't have issues with your drivers license, etc.

    USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.

    When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.




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  • simple1
    05-02 01:15 AM
    Thanks to basha for asking question to an attorney. Hopefully Ron answers it.
    Thanks to vbkris77 for posting it in this thread.

    VB Core,
    Is it possible to get a quick clarification from a forum-attorney ?

    I saw someone already asking this question in Ron Gotcher's immigration forum.

    http://www.immigration-information.com/forums/showthread.php?t=7988

    That is a good thing. Lets keep our fingers crossed.



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  • Lasantha
    02-05 11:32 AM
    LasVegas,
    As far as I can remember all I needed for SIN card was my landing papers and my passport as ID. I did not open a bank account in Canada so I can't help you with that one.

    Is there an advantage in opening a bank account if you plan to return to the US? Please let me know. I might want to open one myslef if it's going to help in anyway.

    Lasantha,

    Thanks for info about proof-of-funds question. Another quick question, what documents are needed to apply for SIN card & open a bank account?

    Thanks.




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  • apahilaj
    11-25 08:51 PM
    Apahilaj,

    I got the SR response letter saying I contacted them and they are responding by saying that I should wait for the FP if I have not received one yet. So basically I am where I was 2 months ago.

    If you read my earlier posts, I did have doubts that FP and NC may have some connection together.

    But I think this seems more of a glitch in the TSC system in generation of FP. I mean either its NC or glitch that is causing this delay. Anyway, the NSC at least generates one for you after you speak to an IO. We are unfortunate in that also.

    Dingudi,

    In your response letter, did they anywhere mention about biometrics or finger printing notice specifically? In my letter, they did not mention about finger printing at all...All they said that the decision on my case has been delayed due to ongoing background check...I am not sure if they even knew that I had opened up the SR for not receiving FP notice.

    Yeah, I was thinking about your earlier post last night when I was reading the response letter..:) But I just can not subscribe to the idea that FP and name checks are even remotely connected...

    Well, we just have to wait and watch...good luck to all the fellow sufferrers..



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  • lsbk
    10-02 04:10 PM
    And what time? Hopefully, I will be in that box.

    :(Iam so sorry GKBest. I did ask my attorney's office about who received it and at what time. But they did not provide me any details about it and just said it was received at Nebraska on July 3rd morning. Hope you get your receipts soon.




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  • jungalee43
    11-17 03:30 PM
    One more is sent by my friend. Will get about 10 out by tonight.



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  • desi3933
    06-28 11:37 AM
    However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?

    on what basis?

    You need to show legal ground to file the case. First, read I-9 form.

    From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.

    Why don't put your question in attorney forum?



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  • sanjay
    12-19 02:02 PM
    I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.

    Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.

    I know this question should had been asked by other members also, but I don't want to search all threads.

    Looking for some genuine answers instead of thread bashings.

    Thanks in Adv.



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  • bheemi
    06-21 09:18 AM
    I would request IV core team to concentrate on new bill or some way for relief to skilledworkers like us. I dont think waiting until end of July is good option here. It is certain that CIR is not going to be there for this year..whole US world is thinking of same.

    Further request to IV core team to work on some thing different for relief for skilled workers




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  • srikondoji
    06-20 06:36 AM
    Good that we did not put all our eggs in one basket.
    Can anybody enlighten our forum about what our approach will be in case CIR dies?



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  • designflaw
    09-14 01:24 AM
    What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?




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  • Carlau
    06-18 10:48 AM
    Mailed to NSC on: 1st June
    Mailed From State: VA
    Received at NSC on: June 4th
    140 approved from : NSC
    Receipt Date : Still Waiting

    Cheque Not cashed as yet

    Priority Date Sept 2002

    Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?



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  • here4gc
    03-18 11:52 AM
    I opened SR in Jan...in Feb they sent letter that security checks are pending..so I took INFOPASS after talking with attorney...went to INFOPASS and was rudely told that it could take a long time because Namecheck is pending..no idea how long it will take...i was like..if security check is pending do my FP and check everything...but no...they want to do name check..okay..then attorney said to wait 1 more month...he called last week to USCIS and they said...oh we responded on FEB..to the original SR..the response was..its still pending..hell..i know that already..what the hell are u doing about it ?? i thought they were supposed to work on an SR and get it out of the way in 60 days..now lawyer is asking to wait 1 more month because he is saying 60 days from Feb...GOSH..and i am waiting for 140 also...filed in July went to NSC-TSC blackhole..God knows what will happen...




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  • atmercyofdol
    10-08 02:47 PM
    Are you in the IT field?

    There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.



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  • msp1976
    05-06 07:11 PM
    Who the heck dug up the depression thread...
    It was away for a while guys.....Put it away...




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  • eb3_nepa
    08-13 05:01 PM
    SRC is always Texas , LIN is Nebraska. Also when you input the receipt number in USCIS case status website it tells you which center this application is with.

    Hey stldude, you reported that ur LUD had changed to 07/28 right? What was the original LUD?

    Maybe the recent LUD change might be an indicator of when NSC shipped stuff to TSC? They may be doing batch processing. JUST a THOUGHT




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  • chalamcharla
    10-10 02:13 PM
    Still Waiting !! 90 days reached, Received by R.Williams on July 5th , Nebraska. Did any july 5th filers got receipts from NSC :o:confused::mad:




    bluesky1
    10-04 11:23 AM
    This is really good news! I hope we all get cashed and receipted soon!

    Hi,
    I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.




    arihant
    05-03 12:05 PM
    GreeNever,

    The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.

    So, if
    a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
    b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.

    My question to everyone:
    Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.

    Knowledgeable folks, please comment.

    REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.



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