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  • nixstor
    03-14 01:00 PM
    D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

    May be EB2 India and China can see some movement in July VB published in June.

    This piece in VB is telling that the unused numbers in EB2 will be given to the retrogressed countries in EB2. The VB when it defines the categories, also defines EB2 as 27.6% of 140K and what ever is left over from EB1. EB1 is current for some time now and EB1 also circularly gets unused numbers from EB-4 and 5 which account for around 20K. My thoughts are here (http://nixstor.blogspot.com/2008/03/thoughts-on-april08-visa-bulletin-and.html). I have been under the assumption that EB-3 ROW must become current for EB-2 retrogressed countries to move significantly forward because of spill over and not by the quota they get every quarter. It does not sound like that. Am I just hallucinating or Am I just reading too much or Is it just the VB as usual unpredictable and capricious?




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  • pmb76
    07-17 09:55 PM
    Thanks all. I read the petition and I think it is great work. Yes, we need to send messages like this as a group.

    Allow me to quote from the petition:
    "It is required by law to pay an H1-B a minimum of $40000. "

    I'm not challenging anything here, but can someone please point to the source of this? Is this Federal?

    Again, I'm not challenging this. I just would appreciate some pointers so that I can learn more.

    Thanks again.

    http://www.techlawjournal.com/cong106/h1b/hr4227ih.htm

    Please read section 201

    "(ii) is offering and will offer during the period of authorized employment to H-1B nonimmigrants wages that are at least equal to an annual salary of $40,000 (including cash bonuses and similar compensation), except if the employer is an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) or a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization, and".




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  • whiteStallion
    04-18 04:50 PM
    Hearty congratulations...




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  • greenmonster
    08-04 09:58 PM
    I am a July 2007 filer, so far i have never got finger prints on my EAD. First time i did not get a FP notice. I scheduled an info pass appointment and got my FP notice.. gave FP in Feb 2008. I got my first EAD in Oct 2007.

    My latest EAD ( approved Jul 2010) does not have the finger prints on it. Last time I gave my FP was in June 2009 ( Notice sent by USICS ). Is that something to worry? Is it related to NC ?



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  • newbee7
    12-13 04:07 PM
    Read for free might not get us the results. Even now, the "guests" (a vast majority of total online population), cannot post.
    Most "guests" are the ones would have never contributed or participated in any activities including funding.
    We should make this site paid for just for the terrific value of info provided. If people start contributing, they will also be more inclined to participate in action items. Alternatively, anyone who attends or participates in meetings could be given "IV bucks.
    For new "guests" we should have a limited trial.




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  • pappu
    10-27 11:14 AM
    I finally get the chance to share our wonderful news with you all. We (me and my wife) received our "Welcome new resident" e-mails this morning.

    11 yrs for me and 12 yrs for my wife since coming to the USA. Between the two of us, Three J1s and Two F1 stamps, Six H1b stamps, Four 140s, 10 EAD/AP (5 each), 3 finger print notices apiece, Four RFEs between us and a total of $68KUSD in total USCIS fees/Lawyer fees and countless gray hair later and after many an emotional roller coaster over the years, it was our turn today.
    For those of you unclear about the admittedly weird above numbers, take a look at my RD. It is not a typo! I often wondered if I was a lone Dinosaur that survived the meteorite. I never saw anyone with a 4 plus year 485 recently.
    Our 485s were 2 yrs old and approvable when the visa bulletin fiasco happened in summer 2007. Ironically I heard that even my FPs/Background check were cleared by then (which in those days was the main cause of delays).

    I made many approaches over the years to the USCIS via phone, email, and fax, My Congressman contacted them on multiple occasions (atleast 3 times when he forwarded their response to me). I finally also wrote the ombudsman 2 weeks ago. I was pretty scathing in that letter as well (about their mockery of their stated FIFO policy etc). I am not sure exactly what worked, or if anything at all did, and it was just my time. After a while dealing with the injustice, you just get numb. Today finally I breathe a deep sigh of relief. The loooooong wait is over.

    I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be.

    I wish each of you all the best of luck and least agony in your wait. Those of you current, have faith, if you are being wronged, Stand up. Write/meet with those in a position to do something. Advocate for yourself. That way, atleast they know, what is going on. Otherwise none can help you.

    I will continue to stick around here and do what I can to help with IVs efforts. I believe with our overall effort, we are helping ourselves yes, but what we are advocating for is correct for this country as well.

    Best wishes all.

    Congrats. We remember you from the early days of IV and appreciate your continued support to this effort.



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  • tcsonly
    08-26 03:19 PM
    Folks,

    This is not a financial help/grievance forum to discuss about funds transfer problems, or bank reputation. There are many more places for that purpose. If you cannot find one, start one for yourself.

    This forum is meant for discussing US employment based immigration related matters.

    If you still have any doubts, click on the "About us" link on top of the web page and dispel your doubts.

    Admins: Please close this thread.




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  • ak27
    06-16 03:09 PM
    Yes a new memo was issued in 2009 (After DHS confirmed that they have worked with FBI to reduce the response time.) Now since FBI claims that 90/95% of the requests are happening within 6 months. DHS/USCIS is not allowing automatic approval of GC is FBI check was the only peice pending and was pending for more than 180 days.

    I went to Infopass today, unfortunately service rep on counter was totally uncooperative. She did not tell anything other than my background check is still pending. It has been pending for more than six months now. I understand that my PD is not current as of yet but, based on recent movement, I hope to have my date current in next couple of months. But, it may not help me much if BC is still pending..

    Any suggestions from IV.. What can I do about it? I planning to get in touch with my attorney but, I don't think they can be of much help..



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  • coopheal
    03-14 01:03 PM
    You probably can't ask to stop portability from EB3 to EB2 or EB2 to EB1. But you can ask for if filers from EB3 goes to EB2, they can't keep the PD from EB3 but get a new PD for the date USCIS process their EB2 application.
    That will make people really think if that is worthy to do so. Otherwise every EB-3 filer will want to file again for EB-2 if they can.

    You can ask all you want about not allowing porting from EB3 to EB2 or not letting keep the priority date in doing so. IV is not going to endorse it. Reality is job done by EB2 or EB3 especially in IT is very much alike.

    Moving from EB3 to EB2 is for worthy cause of getting GC faster in legitimate and ethical way.




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  • gctex
    02-11 05:06 PM
    I did paid consultation to find answer to this question with murthy office. As per them, one can do transfer and extension of H1B even after using AP as long as the current I-797 is still valid.

    You mean a future employer can transfer and extend my H1 even after I entered on AP, right ?

    That would be great news. But on this very forum I did read some posts which mentioned this wasn't possible.



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  • docwa
    05-20 04:26 PM
    Hi I am a physician in Oregon and my parents are visiting too in July. I called Kaiser regarding this, and this is what I was told.
    1. they can get insurance since Kaiser does not need an SSN for the application.
    2. Every Plan has a deductible $, an out of pocket maximum $, and a co-insurance $ amount.

    So,
    Plan A: Deductible 2500, Co-insurance 22% of all inpatient cost upto max of $22,000.
    Plan B: Deductible 6000, Co-insurance 50% of all inpatient cost upto max of $50,000.
    Essentially none of these plans are a 'good deal'. But remember its easier to pay back a loan of 22k - 50k than to pay back 100-200k.
    Also since Kaiser is an HMO, and has its own facilities in the west coast and Hawaii, 'accepting insurance' is not a problem.




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  • eb3_nepa
    04-18 09:22 AM
    Considering that there are more than 2000 members who havent contributed yet. Even $10 per member wud mean $20K straight away. Common guys, this is tax refund season. Surely we can all send in atleast between $10 and $20. That is cheap change considering most of our life styles. Internet access costs more than that, Filling your car with a tank of regular gas costs more than that. ;)



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  • imh1b
    01-11 12:19 PM
    Pappu,
    Why dont you organize a rally, we will contribute and be their for the rally. We need to do something ASAP. I humbly request you and other core members to organize a rally and pick one day for sending flowers to either white house or USCIS. Also we can balck out our personal information and send our transcripts as well.

    Please organize a date, how about February14th, we will get more attention. Love for permanent residency, media will like the idea and broadcast it.

    What about hunger strike?
    It is much bigger than rally. You will get more attention and you do not need thousand people to do it. If we can have even a handful of people or even one person to do it, it will be great. The expenses and preparation to do hunger strike will be very less.




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  • gconmymind
    11-06 12:38 AM
    Like I said, I did not catch the whole speech, but from what I heard, he was not talking completely against it, he mentioned that businesses need more H1B's and should be able to hire foreign talent.

    He was mainly against abuse by big consulting firms (he gave out a statistic that 20K of the H1B went for 8 or 9 of the top consulting firms or something like that).

    At least there is something happening..... we have only two weeks....... this may be our only chance this year to attach anything EB
    Please follow all the different threads/news on this forum about Durbin and Grassley bills. There is nothing good there for H1B or EB visa provisions. Nothing good comes out of that, neither for employees (prospective or current) nor for employers...my 2 cents...



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  • kbsyed61
    04-23 02:20 PM
    On March 30, my wife was issued a RFE for her incomplete medicals (TB test & Vaccination). Yesterday our attorney submitted the completed medical reports and today I received an email from 'CRIS' acknowleding the receipt of our response and resumption of the case. Checked the Online status and it also showed the today's LUD. Will keep the IV posted with any further development on our cases.

    Here is the text of that email (seems very generic):

    ".........
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Response to request for evidence received, and case processing has resumed.

    On April 23, 2009, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location...... "




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  • gsc999
    07-19 06:01 PM
    Guys I am ready to pay my dues to core....If you want I can start a thread to track the payment only for the core members. Lemme know what do you think.

    Zoooom & Anzerraja:
    The core membership may be modest and may not want to speak out much on this issue. It becomes our prerogative to drive this.

    Lets do this. Zooom do you mind opening a separate thread, "Reimburse past expenses to Aman & other IV Core members" or something like that. Please post a message asking people to "pledge" an amount towards that effort. Can you two drive this effort. I am also available for assistance.

    We will update members who pledge how to finalize their pledge by any of the following methods based on subsequent expert advice:
    1) Should they contribute to IV directly
    2) Send a personal check to Aman.
    3) Other method like IV reimbursing Aman and others from the common donation corpus.



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  • xu1
    04-07 12:13 PM
    Let's keep the mometum rolling!!

    I'll follow up with a second contribution right away.




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  • garamchai2go
    12-13 10:17 PM
    Hi

    My wife appeared for Visa interview on 6th and yet to receive the passport. we booked tickets for this weekend and seems we have to reschedule. I sent a mail to NIV and no response as of now.This is of concern. can anyone tell me about the normal turnaround time for H4 Visas these days?

    Suresh

    I just got hold of one of the consulate staff and she told me that they are having some problem with PIMS database for background check and there is delay in processing passports. The lady I spoke assured me that, latest by Mon/Teusday of next week, we can expect passport. I will try to reach vfs in the evening and see what they say..

    consulate number to reach 91-44-2811-2000 and ask to connect to visa section




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  • locomotive36
    01-24 07:15 PM
    Guys,

    How long it takes to get your passport back, stamped with a H4 visa, from the time you attend interview at the Chennai consulate.

    Do they delay even for H4's these days? Want to know the average turn around time to make travel plans.

    Please share your experiences.

    Thanks!




    desi3933
    01-28 01:52 PM
    [From the pdf file]

    The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
    H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).

    http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf

    _________________
    Not a legal advice.




    sureshn22
    12-13 10:04 PM
    Hi

    My wife appeared for Visa interview on 6th and yet to receive the passport. we booked tickets for this weekend and seems we have to reschedule. I sent a mail to NIV and no response as of now.This is of concern. can anyone tell me about the normal turnaround time for H4 Visas these days?

    Suresh



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