Saturday, June 25, 2011

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  • ssk1127
    08-23 06:16 PM
    Also forgot to mention the article says "certain" - See highlighted below the title so I am sure Advacned degree wil lnot come under this based on the definition you find in the above articale

    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)




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  • Jimi_Hendrix
    11-20 09:49 PM
    Got legal immigration?

    Joe Adams holds on to his coffee cup while he anxiously reads the immigration news headlines on Google. The democrats have just won control in Washington and like all immigrants; Joe is hopeful that some immigration reform will emerge.

    Joe, a native of United Kingdom first came to the United States in 1998. After graduating from Harvard Business School with an MBA he got his dream job in supply chain management. It was not long after that Joe’s company filed for his permanent residency. Life moved on and soon Joe and his wife Kathy had their first child. “The year was 2003” reminisces Joe, “I was really beginning to understand the U.S. immigration process. I was getting a handle on the numerous loops that lay ahead. It was soon apparent to me that immigration was no walk in the garden”.

    Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Current immigration policy is abetting brain drain and forcing many of these immigrants to leave for countries like Canada and United Kingdom where skilled immigrants are given priority over undocumented and family-based immigrants.

    Legal Immigration, Rewarding?
    “Most importantly legal immigration has to be rewarding for legal residents and create a shining example for all other immigrants”, remarks Joe Adams. In the United States, all immigration reform for highly skilled immigrants is bundled with reform for undocumented workers. This phenomenon is representative of the apathy of U.S. immigration policy towards highly skilled legal immigrants. Many of them have advanced degrees in science and technology. They have trained and honed their skills while working in U.S. companies.
    Currently permanent residency applications for skilled, employment based immigrants are backed 5-8 years. In the interim applicants are unable to change jobs, get promotions or make any major financial decisions. Highly skilled, legal immigrants need immigration reforms that will reduce massive process backlogs, improve processing by government agencies and better the quality of life while the application is pending.

    Legal Immigration Myths
    Extremist, anti-immigration advocacy groups have aggressively publicized myths about legal, skilled immigrants. Let us expound some of the common myths about employment based immigration.
    Myth: Increasing green cards will enable more new immigrants to enter the country
    Fact: Most immigrants who are caught in the employment-based immigration backlog have already spent 5-10 years in the United States. They have integrated socially and culturally. Companies have spent thousands of dollars on training these workers.

    Myth: Employment based immigrants do not pay taxes and are a social burden
    Fact: Employment based immigrants are required by law to file for federal and state tax returns each year. They pay social security taxes, medicare taxes, payroll taxes and all other applicable taxes. Employment based immigrants are not eligible to receive social security benefits unless their permanent residency applications are approved or unless they have worked in the U.S. for several years.
    Myth: Employment based immigrants take away local jobs
    Fact: Most progressive Americans realize that educated immigrant workers play a crucial role in stimulating the local economy. Highly skilled immigration fills the gaps in availability and makes the U.S. economy competitive and resilient. A recent study concludes that immigrants have fueled the US entrepreneurial economy, starting one in four venture-backed companies since 1990 and two in five in high technology. This is according to a study released by the National Venture Capital Association trade group to the U.S. Congress in November 2006.

    Myth: H1B quota increase will result in more green cards
    Fact: H1B has a separate quota from green card quotas. Even after an individual has approved security check, labor certification and employment eligibility; a visa number must be available for him to receive a green card. This quota is subject to annual numerical limits. Based on the current annual visa limit, applications are backlogged 6 years.

    Future of Legal Immigration
    It is presumed that legal immigration process works efficiently and in a clockwork fashion. However when you consider that legal applicants have to wait 5-8 years for a green card; this statement is false. In the current political environment pro and anti immigrant extremism exist side by side. A rational, middle of the road approach is largely missing. Such an approach would prioritize immigration based on the contribution of immigrants towards economic growth, the reduction of job outsourcing and most importantly rewarding those who chose to enter and continue to reside legally in USA.
    Americans largely supports legal immigration. This year, the Secure Knowledge, Innovation and Leadership Bill was introduced in Senate and in the House of Representatives. This bill provides the much needed immigration reforms for highly skilled immigrants. However the democrat leadership has not yet declared immigration on their agenda for the first 100 hours of work. Unless congress collectively passes immigration relief for skilled workers, political considerations for the 2008 presidential elections will put this issue on the back burner again.




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  • sj2273
    06-11 07:05 PM
    Dear Nitinboston,
    I am in 100% agreement with you on the notion that Congress probably doesnt care about people who are not voters/citizens etc. But let me quote you an example from history. I am making an extra effort to be optimistic here, but in saying that, nothing can be done will not lead us anywhere either. If we try, then we can atleast go to bed in peace thinking we tried! Here is the example though:

    Blacks in this country did not have any voting rights before 1965. In order to be a registered voter they had be recommended by a white person and go through an exam. they practically had no rights. no status. nothing! I am talking about Alabama in early 50s when blacks were not even allowed to board buses from the front door. The bus driver had the right to pull out a gun if a black person did not give up his/her seat. Rosa parks ignited the Montogomery bus boycott in 1955 December and that lasted for more than a year. The result was that blacks came together and held together persistently till people in higher ranks noticed it. It wasnt easy, black leaders were bombed, harrassed and threatened for doing so. In 1964 the civil rights act came about and 1965 voters right act. And today we have a black president. Unbelievable transition from a time when even the drinking water fountains were seperate for whites and blacks.

    This is just an example but what I am really trying to get to is that the Government today is much different than it was several years ago. If they could make the congress hear at that time, why cant we.

    It wouldnt be wrong to say that this country still is the most tolerant country in the world. Compare this to Australia or New Zealand or Canada.

    People in the government will listen if the cause is right. Its just a matter of making enough noise in a decent manner that people hear.

    Thats all I have to say! I hope we can take you in the stride of our optimism. You will make a terrific addition to our optimistic force!

    Thank you for reading my post.




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  • saimrathi
    08-10 11:42 AM
    No checks cashed for us yet.. check my signature for details..

    We still haven't got ours, wondering if others have got it or are still waiting like us. No info on check cashed too.



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  • Radhika
    07-19 10:33 AM
    upgraded $20 to $50 monthly




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  • vk_vkumar
    07-15 03:14 PM
    The following memo from DOS to CIS says it all:

    July 2, 2007

    TO : CIS Section 245 ADJUDICATIONS

    FROM : Immigrant Visa Control

    SUBJECT : Authorizations for Employment CASES

    Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

    The above action is a direct result of the sudden backlog reduction efforts of CIS offices during June and the first few days of July. During this short time period over 60,000 requests have been received and authorized. This is in comparison to the 66,425 CIS requests which were authorized during the first eight months of the fiscal year.

    Please be sure that this information is passed to all personnel involved in the process of obtaining visa authorizations from the Visa Office for Section 245 cases



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  • Macaca
    10-01 04:07 PM
    If the USCSI didnt have enough applications to be assigned the VISA , then why are they so conservative in making the cutoff dates move ahead. What is the harm in pro-actively moving the cutiff dates, to amek sure no visa gets wasted.
    A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.

    Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.




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  • Karthikthiru
    07-20 01:28 PM
    The report shows 144,000 PERMs between March 28, 2005 - June 1, 2007 (NOT between oct 2006- march 2007). That i sover a period of 2years and 4 months. This is not bad as we all are thinking

    Karthik



    http://www.immigration.com/newsletter1/dolsta1207.pdf

    there were 144,000 PERM's done between oct 2006- march 2007

    india, china have retro for both EB2 and EB3
    mexico, philippines and bunch of other countries have retro for EB3

    PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application

    Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.



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  • lonedesi
    08-11 08:33 AM
    Members who mailed the letters & form please post here and let us know so that we get an idea how many people actually took part in this campaign so far.




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  • akp
    07-20 12:37 PM
    If you assume 30 people, you get 1 year per your calculations. Make it 90 and we get it in 3 months:D



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  • mhathi
    05-02 08:51 AM
    Is a h1b holder a nonresident alien or a resident alien ? It says on IRS site that you dont get stimulus if you are a nonresident alien.

    An H1B holder is a resident for tax puposes as long as you meet the substantial presence test. This is evident from the fact that when you file taxes, you file 1040 or 1040EZ. Not 1040NR. When I was a student, I filed 1040NREZ. After graduation, I am required to file 1040.




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  • chanduv23
    10-21 05:00 PM
    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.

    Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.



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  • peyton sawyer
    07-23 02:13 AM
    Hi chisinau..

    It's destiny that I came across your posting.. like you, I am an RN waiting for the DS230 approval also since Oct.2006.. believe it or not ,I was also informed by the NVC to resubmit a new DS230 because the previous one I submitted last year was already outdated. Now, I sent them the updated DS230 last June 27,2007.

    I really want to ask if in your opinion, or if you have some positive information regarding this…do we still have a chance of receiving an embassy interview and medical exam schedule before October 2007?

    I would really appreciate a response.. thank you




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  • wanna_immigrate
    04-12 09:12 AM
    Officially 15 days. But according track itt website , it is taking at the most 8 or 9 days.

    Thanks for the info!



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  • NNReddy
    04-12 10:53 AM
    Can someone on EAD start a S-Corp or LLC? IF SO WHICH ONE IS BETTER S-CORP OR LLC? PLEASE ADVISE




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  • baburob2
    03-09 11:19 AM
    both amendments J-1 and removal cap for Nurses (India) will pass

    hi indio
    which cap on Nurse are they talking about. Is it the EB cap or H1B cap?



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  • ronhira
    05-06 12:58 PM
    just found this online ni one of the articles

    Twelve states - Arkansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas and Utah - have introduced or are considering introducing legislation similar to the one in Arizona.




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  • eb3_2004
    07-23 04:09 PM
    Thanks for the reply and encouragement. This is what makes this Immigration Voice community different from others...




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  • new_horizon
    03-06 11:36 AM
    There was a change in LUD for both me and my wife on 3/4/09. Then on my wife's, there were LUD ON 3/5 & now 3/6/09 also. When I open the Case Number, it shows the usual information "Current Status: Case received and pending". Any idea what this could mean. Thanks.




    gccube
    07-18 08:41 PM
    So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.

    REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.



    Obviously if a guy with PD 2002 or 2003 does not apply there is no way he can get the AOS approved.

    But do you mean a guy with PD '2007 May' applies now and a guy with PD '2000 March' (for some unkown reason) applies in 'Oct 2007'. Assuming that the PD cut off date retrogressed to '2000 March' then the guy with '2007 May' PD but with RD '2007 July' would be in a better shape than a guy with '2000 March' PD but with RD '2007 Oct'.




    EndlessWait
    08-16 06:34 PM
    someone atleast give us an idea of how many ppl are waiting in Eb3.
    USCIS is such a black box, can they tell us if we are going to get it in this lifetime. They've already wasted 250K.



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