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Tuesday, July 5, 2011

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  • pd052009
    05-23 09:45 PM
    My comments were quoted in the blog. As said by previous posters, they have picked few lines from my comments. These comments were related to Qn#1 (How can immigration reform support America’s competitiveness in a 21st century economy?). We can not expect to see all the quotes from one user in issues like this.





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  • zobie
    09-18 01:14 PM
    Great Jobs guys.. Sorry couldn't make it due to work related commitments. keep up the good work.. Been searching for any news on web or TV.. nothing yet..Best of luck





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  • priya.r
    12-24 01:30 PM
    Hello,

    Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.

    The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.

    If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?

    Should the increase happen on October 1st 2010 when the H1B kicks in,

    or should the increase happen when the H1B gets approved ( between april - october )

    or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?

    or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010


    I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).


    Hoping for your valuable replies as soon as possible.

    Thanks





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  • balu_g
    05-10 07:51 AM
    He gets kicked out of the country.

    abc, If this is a joke then it is good.



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  • beautifulMind
    11-25 05:36 PM
    The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through





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  • milind70
    08-25 09:34 AM
    Hi,

    I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.

    1. Who should apply I824? employer or individuals ( in this case myself)?
    2. If employer need to apply, should it be current employer?
    3. how long does it generally take?
    4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
    5. What other documents are required?

    Please help

    Thanks,
    Vikram

    AFAIK old H4 797 is not important. My wife we did not have a 797 when we came here initially, also we had also lost her old H4 797 (but we had photo copies).Her 485 was approved without any RFE



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  • purgan
    10-06 10:41 PM
    There is a story in the Oct 6 Wall Street Journal on high skilled immigration reform. If anyone has a subscription to that, pl. post for the benefit of members...

    OpinionJournal's Political Diary
    Who leaked the Foley emails and why?; industries seeking more high-skill immigrants pin their hopes on Congress's lame duck session; new film debunks the hypocrisy of anti-development greenies. (Click to Subscribe)
    2:30 p.m. EDT

    http://www.opinionjournal.com/

    =======
    Seperately, the Economist has a 15-page report on the "Global Hunt for Talent". It specifically highlights how restrictive immigration quotas for skilled workers are hurting US competitiveness and how other western nations are racheting up their efforts to lure skilled foreigners.

    http://www.economist.com/surveys/displaystory.cfm?story_id=7961938

    Here are some excerpts

    Most governments are easing restrictions on the entry of skilled workers. Some are going further and offering incentives. Germany has made it easier for skilled workers to get visas. Britain has offered more work permits for skilled migrants. France has introduced a “scientist visa”. Many countries are making it easier for foreign students to stay on after graduating. Canada and Australia have not only tilted their long-established points systems further towards the skilled, they have also introduced more incentives. Australia and New Zealand have created a ladder leading from universities to the workforce and then to permanent residence.

    Two economists, Fr�d�ric Docquier and Hillel Rapoport, estimate that average emigration rates worldwide are 0.9% for the low-skilled, 1.6% for the medium-skilled and 5.5% for the high-skilled. These rates have been accelerating far faster for the high-skilled group than for the rest. Skilled immigrants accounted for more than half of all admissions in Australia, Canada and New Zealand in 2001. The global war for talent is likely to intensify. Most developed countries are already struggling to find enough doctors and teachers, and are wondering how they will manage when the baby-boomer generation retires. Developing countries, for their part, realise that they will not be able to plug into the global knowledge economy unless they give their people the freedom to move around.
    http://www.economist.com/surveys/displayStory.cfm?story_id=7961894





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  • meridiani.planum
    05-09 11:33 PM
    With the possiblity of the annual spillover coming up soon, wanted a quick poll to see the upcoming PD distribution within the IV community. EB2-India and waiting for adjudication only please (we can start another one for EB3-I & ROW)



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  • raysaikat
    04-27 09:08 PM
    Hi All,
    I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.

    I just happen to look at my application, I-539. I found that I checked the following:
    Members of my family are filing this application with me.
    The total number of people (including me) in the application is: 1

    Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?

    If not, please share your thoughts. Do I need to file seperate application for my mother at this point?



    Thank you all,

    Sri

    Each person needs to have his/her own I-94. It is an 1-1 mapping between I-94 and passport.





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  • GCBy3000
    04-30 10:32 AM
    04/29/2007: Need for Networking of Immigrants to Support Immigration Reform Legislation

    When it comes to the community organizing and support activities for the comprehensive immigration reform legislation, there are hundreds of organizations that organize, network, and mobilize the immigrants in support of the issues involving the difficult issues of legalization of illegal aliens. However, the same is not true with the employment-based immigration reform issues. The lobbying and organizing and support of these issues rely heavily on the employers, businesses, and academic institutions such as competeamerica. Without doubt, the employers should be the most effective and powerful groups to pressure the Congress, President, and other players in the political process.
    However, it is time that the immigrants themselves also participate in a similar effort to share information, issues, and supporting activities. Obviously, the first move is to organize and build a network throuhout the nation and the world, and along with the networking, other support activities must be conducted and expanded. There are not too many immigrant groups that are focused on the employment-based immigration reform issues. Currently, a website of www.immigrationvoice.org is launching this campaign and attempting to organize and network in the employment-based immigrant communities. This reporter urges the foreign professional workers to visit and join this group to help an activities of side-kick from the standpoint of stakeholder foreign workers in support of the employers and their support groups. "Networking" will create a power in the political process.



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  • whattodo21
    04-20 01:31 PM
    John McCain: Illegal Immigrants 'Intentionally Causing Accidents On The Freeway' (http://www.huffingtonpost.com/2010/04/20/john-mccains-strange-clai_n_544559.html)





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  • devd
    09-11 03:37 PM
    On August 5th, My Online status got updated: Approval Notice sent

    On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.

    On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.

    All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?



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  • amitjoey
    04-05 04:11 PM
    I did not notice this thread, I am from Sacramento, CA





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  • harrydr
    04-29 10:16 PM
    Currently i have my I-140 approved an that is all i know. To be honest, PD to me means "the day my I-140 was approved". Is that true??

    My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.



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  • lostinbeta
    10-13 12:31 AM
    Create your rectangle with the rectangle tool. Make sure you rasterize the layer first (right click on the layer with the rectangle and choose rasterize).

    Now hold CTRL and click on the layer with the retangle. This will select the rectangle. Now go to Edit/Stroke.

    Mess with the settings in there and voila, you have a black border around your square.





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  • Blog Feeds
    08-14 01:40 PM
    I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.

    According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.

    The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:


    supplies the tools or materials;
    makes services available to the general public;
    works for a number of clients at the same time;
    has an opportunity for profit or loss as a result of labor or services provided;
    invests in the facilities for work;
    directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.

    I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).



    More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)



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  • chanduv23
    11-09 07:04 AM
    Folks,

    I was current starting Sept 1 and did not get my GC till Oct second week. However, during the first week of Oct., I wrote a detailed letter to Secy. Napolitano and also to the Ombudsman. I got my GC subsequently. Yesterday, someone from USCIS called me and said that he was calling in response to my letter to Secy. Napolitano. He congratulated me on my GC and asked me if everything had gone OK and if he could close my letter out. Just thought that this information might help someone who is stuck in the queue of being current, but not getting a GC. Please file 7001 form with Ombudsman and contact Secy Napolitano if you are in this situation.

    COngrats - these things do work. Urs is not a difficult situation so it was handled easily. Basically visas were available and there was no reason to not give you a GC.

    I read in other threads that people who make service enquiries are getting cryptic responses like "we cannot deny you but waiting for DHS ...." etc..
    Such letters must be sent to Ombudsman and Secretary Napolitano so that they understand what goes on at a level below them





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  • smaram1
    07-02 05:44 PM
    1) Eligibility Status?

    Filed I 485

    (c) (9) Employment Based

    2)Please provide information concerning your eligibility status.

    Write ur I485 and I140 Numbers in text area with Pending I485





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  • rajuram
    10-10 09:53 PM
    Guys,

    This is question to july 485 files, has anyone from Austin, tx received FP appointment.
    I filed on jul 25 ( NSC) got transferred to TSC and got receipts on 9/27
    and EAD on 10/2, but no FP as yet.

    Just wondering if FP did get lost...or am i in line..

    Comments, suggestions ???

    thanks

    I know someone in Austin whose RN date is 2 days before you and he got his FP last week.....





    sertasheep
    07-01 10:36 AM
    As far as I recollect, the Murthy article was about the spouse(dependent) receiving a GC (as part of a derivative spousal application) when his/her spouse(primary beneficiary)'s PD or her PD was not yet current.

    Primary beneficiary had not received the GC, but spouse received it in error. May be that's diff from the situation where the primary beneficiary himself/herself receives the GC while the PD is not current.





    uma001
    11-18 10:31 AM
    That's a good sign for folks who wants to file green card next year and could not file this year becos of bad labor market

    The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...

    Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.




    More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)



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