Tuesday, June 14, 2011

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  • micofrost
    07-16 02:59 PM
    Hi,
    My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare

    Please let me know if PCC is must from US consulate only

    Admin :
    This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?




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  • kkmajid
    10-16 01:52 PM
    from pakistan, but does it matter?




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  • h1vegas
    06-24 02:24 PM
    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance




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  • bhasky25
    10-11 12:45 PM
    Hello guys,

    I need a clarification on the process. Here is my scenario

    1. PD : Feb 2004 EB3 India
    2. 485 : Filed during july 2007
    3. 140 : Approved on jan 2009 --> Revoked by my previous company on 12/23/2009
    4. AC21 : Used AC21 to change jobs in Feb 2009. Transferred job using H1B tranfer and got it for 3 years(valid until Jan 2012). Changed jobs after 500 days of applying 485.
    5. EAD and Ap is not valid(did not renew it as I chose to maintain H1b). I let it expire in 2008.
    6. The new company would not file for EB2 as my current job description does not qualify for EB2. They are willing to refile EB3 petition. I was not interested in doing it.

    My question is:

    If I want to get my H1b renewed again @ Jan 2012, it is possible to get it renewed for 3 years by using my previous 140 approval even though it is revoked by my previous employer ?? If that is not possible, what are my options to maintain my H1B.

    Appreciate your insight.



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  • saps
    07-09 12:09 PM
    I think the exams do expire. Just carry the copy of your old medical tests to the doctor and you might not need to take the vaccination shots again as most of them are valid for long period. But your wife will have to retake the TB and other tests. Just take the RFE with you to the doctor's office.




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  • pappu
    12-28 02:23 PM
    NSC Dec 2007 Processing Times says:


    Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?

    If a person is stuck in namecheck, or has an RFE... his/her case in not counted in II485 backlog at that time.



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  • plshelpme
    09-22 12:04 PM
    my labor is in audit. how long does it take to clear?




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  • NKR
    02-13 03:56 PM
    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks

    You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.



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  • learning01
    04-12 12:33 PM
    As I had already posted in the news article thread (http://immigrationvoice.org/forum/showpost.php?p=8552&postcount=225), this is an exhaustive article with a bold and thought provoking headlines. The article can be accessed here - http://www.newsobserver.com/104/story/427793.html

    Many skilled foreigners leaving U.S.
    Exodus rooted in backlog for permanent status

    Karin Rives, Staff Writer

    When the Senate immigration bill fell apart last week, it did more than stymie efforts to deal with illegal immigration.

    It derailed efforts to deal with an equally vexing business concern: a backlog in applications for so-called green cards, the coveted cards that are actually pink or white and that offer proof of lawful permanent residency.

    Many people now wait six years or longer for the card. There are 526,000 applications pending, according to Immigration Voice, an advocacy group that tracks government data.

    Lately, this has prompted an exodus of foreign workers who tired of waiting, to return home or go further afield. With the economies in Asia and elsewhere on the rise, they can easily find work in the native countries or in third nations that are more generous with their visas.

    "You have China, Russia, India -- a lot of countries where you can go and make a lot of money. That's the biggest thing that has changed," said Murali Bashyam, a Raleigh immigration lawyer who helps companies sponsor immigrants. "Before, people were willing to wait it out. Now they can do just as well going back home, and they do."

    Mike Plueddeman said he lost three employees (one a senior programmer with a doctorate) at Durham-based DynPro in the past two years because they tired of waiting for their green cards.

    All three found good jobs in their home countries within a few weeks of leaving Durham, said Plueddeman, the software consultancy's human resource director.

    "We are talking about very well-educated and highly skilled people who have been in the labor force a long time," he said. "You hate losing them."

    This budding brain drain comes as the first American baby boomers retire and projections show a huge need for such professionals in the years ahead. U.S. universities graduate about 70,000 information technology students annually. Many people say that number won't meet the need for a projected 600,000 additional openings for information systems professionals between 2002 and 2012, and the openings made by retirements.

    "We just don't have the pipeline right now," said Joe Freddoso, director of Cisco Systems' Research Triangle Park operations. "We are concerned there's going to be a shortage, and we're already seeing that in some areas."

    Cisco has advertised an opening for a data-security specialist in Atlanta for several months, unable to find the right candidate. Freddoso believes the problem will spread unless the government allows more foreign workers to enter the country, and expedites their residency process.

    However, not everybody believes in the labor shortage that corporations fret about.

    Critics say that proposals to allow more skilled workers into the country would only depress wages and displace American-born workers who have yet to fully recover from the dot-com bust.

    "We should only issue work-related visas if we really need them," said Caroline Espinosa, a spokeswoman with NumbersUSA, a Washington, D.C., group pushing for immigration reduction. "There are 2.5 million native born American workers in the math and computer field who are currently out of work. It begs the question whether we truly need foreign workers."

    She added that the immigration backlog would be aggravated by raising the cap for temporary and permanent visas, which would make it harder for those who deserve to immigrate to do so.

    Waiting since 2003

    Sarath Chandrand, 44, a software consultant from India, moved with his wife and two young daughters from Raleigh to Toronto in December because he couldn't live with more uncertainty. He applied for his green card in early 2003 and expects it will take at least two more years to get it.

    His former employer continues to sponsor his application for permanent residency, hoping that he will eventually return. But Chandrand doesn't know what the future will hold.

    "I miss Raleigh, the weather, the people," he said in a phone interview. "But it's a very difficult decision to make, once you've settled in a country, to move out. You go through a lot of mental strain. Making another move will be difficult."

    Canada won him over because its residency process takes only a year and a half and doesn't require sponsorship from an employer.

    The competition from Canada also worries Plueddeman, who said several of his employees are also applying for residency in both countries. "They'll go with whoever comes first," he said.

    And it's not just India and Canada that beckon. New Zealand and Australia are among nations that actively market themselves to professionals in the United States, with perks such as an easy process to get work visas.

    New Zealand, with a population of 4 million, has received more than 1,900 applications from skilled migrants and their families in the past two years, said Don Badman, the Los Angeles marketing director for that country's immigration agency. Of those, about 17 percent were non-Americans working in the United States.

    Badman's team has hired a public relations agency to get the word out. They have also run ads in West Coast newspapers and attended trade shows, mainly to attract professionals in health care and information technology.

    Dana Hutchison, an operating room nurse from Cedar Mountain south of Asheville, could have joined a hospital in the United States that offers fat sign-on bonuses. Instead, she's in the small town of Tauranga, east of Auckland, working alongside New Zealand nurses and doctors.

    "It would be hard for me to work in the U.S. again," she said. Where she is now, "the working conditions are so fabulous. Everybody is friendly and much less stressed. It's like the U.S. was in the 1960s."

    Limit of 140,000

    Getting a green card was never a quick process. The official limit for employment-based green cards is 140,000 annually.

    And there is a bottleneck of technology professionals from India and China. They hold many, if not most, of all temporary work visas, and many try to convert their work visa to permanent residency, and eventually full citizenship. But under current rules, no single nationality can be allotted more than 7 percent of the green cards.

    In his February economic report, President Bush outlined proposals to overhaul the system for employment-based green cards:

    * Open more slots by exempting spouses and children from the annual limit of 140,000 green cards. Such dependents now make up about half of all green card recipients, because workers sponsored by employers can include their family in the application.

    * Replace the current cap with a "flexible market-based cap" that responds to the need that employers have for foreign workers.

    * Raise the 7 percent limit for nations such as India that have many highly skilled workers.

    After steady lobbying from technology companies, Congress is also paying more attention to the issue. The Senate immigration bill had proposed raising the annual cap for green cards to 290,000.

    Kumar Gupta, a 33-year-old software engineer, has been watching the legislative proposals as he weighs his options. After six years in the United States, he is considering returning to India after learning that the green card he applied for in November 2004 could take another four or five years.

    Being on a temporary work visa means that he cannot leave his job. Nor does he want to buy a home for his family without knowing he will stay in the country.

    "Even if the job market is not as good as here, you can get a very good salary in India," he said. "If I have offers there, I will think of moving."

    Let's utilize this write up and start quoting the link in our personal comments / emails to other news anchors, commentators, blogs etc.
    I thought this deserves it's own thread. Please comment and act.




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  • gconmymind
    03-25 01:26 PM
    I remember this bill being brought up last year also and was "supposed" to be passed but never even came up for voting...why do u anticipate this will go through this time? My wife is applying for her "H1B" and she is awaiting the lotto results...
    I strongly disapprove of ppl waiting for their GC voicing against H1B cap increase because they have crossed that bridge and have H1B. I am only safely assume such ppl will voice against IV and all IV activities once they receive their GC...

    H1B increase is ok, but it will cause further backlog for the new filers because of 7% country limit and very few visa numbers. Business is only interested in H1Bs as it gets them the workforce. A GC makes an employee freer and less valuable to a company????



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  • sanjeev_2004
    10-04 02:10 PM
    Saeed,
    I 140 can processed through premioum process from last week.
    Can you tell what was state of filing you labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process.45 days latter got in March.

    sanjeev




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  • lostinbeta
    10-21 12:27 AM
    Sometimes I have an idea of what I am going for in my head. In a case like that I do everything I can and try and find anyway I can do achieve a near effect as the one in my head.

    But most of the time I let my imagination take me where it wants at that moment.

    It isn't edwins comp that does it.... it is part of edwins amazing ability :beam:



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  • srkumar_2k
    07-25 11:27 PM
    Hi

    I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.

    What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?

    Or better to apply EAD for me (not to my wife) after the I-140 approval?

    Please help me..

    Thanks in advance.

    --Raj




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  • pointlesswait
    09-25 10:36 AM
    can IV focus on this...instead of the recapture?

    am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!



    excellent.. if this happens!!!!



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  • veni001
    11-08 01:32 PM
    hello

    work for decent size company (1500 employees).i am the only non citizen/non gc holder

    applied eb3 and stuck since 2003.gained masters in 2006

    planning to apply to EB2 with different title .

    my employer is requesting to apply eb2 for masters with 7 years of experience as requirement

    in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that

    does that mean its guaranteed audit like that meaning do they question or is it possible

    any experiences who ported are appreciated

    thanks

    You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.

    If they suspect any fraud then your employer will be asked for supervised recruitment effort

    Second, Your salary should reflect the (higher) qualifications, higher than prevailing!

    Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)




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  • redds777
    04-21 07:27 PM
    I am July 2007 filer, submitted I485, EAD/AP for me and my wife but as of now no LUDs on both I485s. Submitted at NSC but transferred to TSC this is happend at that time only now the case is pending at TSC.
    EAD renewed last year got one year only now we have to renew this year again.
    Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:

    I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....

    Any one is facing same kind of situation?
    Please let me Know.

    PD Aug 2006 EB2
    I485 pending at TSC, ND Sep 2007
    no LUDs on 485 :(
    FP done Nov 2007



    Hi

    I am in same situation as you. my priority date is June 06.

    i took info pass and went to baltimore office. he said name check is cleared and the case is pending in TSC. I asked him to let me know if my case is coded under EB2 or not. he said he does not have that info.

    Hope LUDs will be there soon.

    Thanks



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  • Dhundhun
    07-16 07:45 PM
    I applied for my AP in august 2007 my case was approved but i didnot get the document . When i called USCIS they told me to reapply for AP .
    Now i got the AP document but the date issued is october 12 2008 to october 2009 .
    But I want to travel outside in August . Can i use this AP , is the document valid , if i go i cant enter before october 12 2008 .

    This is trouble.

    They might have issued AP to you, lost somewhere in mail. Now they renewed starting expiry of first one.

    On this AP - a big NO.

    I hope someone familiar with this type of situation - is it possible to request USCIS by taking infopass?




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  • gc2
    09-22 05:24 PM
    Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

    Job A: Techincal Consultant
    - Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
    - Basic working understanding of SQL Server, Oracle and related query language and tools
    - Consulting development experience in IT or Systems Integration
    - Excellent communication skills; written and verbal.

    Job B: Project Manager
    - Accomplishes project objectives by planning and evaluating project activities.
    - Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
    - Identifies resources needed and assigns individual responsibilities.
    - Manages day-to-day operational aspects of a project and scope.
    - Reviews deliverables prepared by team before passing to client.
    etc etc.


    On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?




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  • gcformeornot
    04-12 06:40 AM
    Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.

    Also what should I fill in the
    "Please provide information concerning your eligibility status"

    Please suggest.

    I put application date as when ever I signed the form and dated it. I think its no big deal, if you attach copy of previous EAD...




    bbenhill
    04-08 12:48 PM
    I filed paper last year by myself (no additional $150) ... it's really easy .. only filled some basic questions .. I like paper because all my documents will be on the same envelope :D

    online filing you still need to send some documents via mail.

    will do the same this year (paper filing)..




    Paper is at least $150 more (lawyer fee), but saves your visit to INS office for finger printing.




    nandakumar
    05-26 12:58 AM
    QGA and its staff should be really appreciated as they had understood our situation and came forward to help us with out we having solid financial background and limited numerical strength.

    We all should thank the staffs of various Senators office, who had conveyed our phone calls and fax to the respective senators with out putting any politics into it because none of us are voters.

    More over special thanks to the staffs of the Senators who had worked closely with IV and agreed to bring and vote on the immigration bill that incorporates the goals of IV.



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