cooldesi
04-02 06:28 PM
there are two factors here:
1. Regarding consultant coming to US. As employer told he does not have bonafide job offer. he is at 0% fault and consultant 100%.
2. Regarding paying for h1b fee. employer obviously did not make money here but he was not supposed to take money from consultant.
it's all about greed on both sides.
1. Regarding consultant coming to US. As employer told he does not have bonafide job offer. he is at 0% fault and consultant 100%.
2. Regarding paying for h1b fee. employer obviously did not make money here but he was not supposed to take money from consultant.
it's all about greed on both sides.
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a1b2c3
04-30 01:13 PM
My wait time is as long as yours, so I am not thinking about getting ready for citizenship just yet (lot can happen in 5 years). If the USCIS processing times are to be believed, they are supposed to take between 12 and 15 months to decide on a currently filed application (the server seems to be down now, so couldn't verify the latest status). There may be additional time differences depending on where you are located. And knowing how USCIS operates, backlogs are not unheard of (http://www.immigrationpolicy.org/images/File/factcheck/CitizenshipDayFactSheet09-16-08.pdf).
Here is a comforting thought - and someone correct me if I am wrong - but unlike the hectic GC process with all the "inequalities" among various EB categories, naturalization process is a level-playing field where your specific skills do not matter. Everyone is considered equal here, whether you have got your GC via EB, FB or even amnesty route. This makes sense too, considering that your value (to this country) as a citizen rests primarily in your voting right, and someone who can cook is just as good to vote as another who writes smart computer codes (no knock on the cook, my wife is a fantastic cook herself). This is why the "priority date" for your citizenship application is set at 5 years (of continuous residency) from the date printed on your PR card, irrespective of your GC category (the wait is 3 years for those with USC spouse). The only condition that permits some arbitrariness in the evaluation process is in establishing a "good moral character", which makes point #6 in my original list important.
This is of 01/09. It takes about 6 months after N-400 is filed and you can apply after 4 years and 9 months.
http://www.uscis.gov/files/article/M-476.pdf
Yes, there will be backlogs but most likely there won't be long waiting lines. It really depends on the number of people filing. There won't be another July 2007.
Here is a comforting thought - and someone correct me if I am wrong - but unlike the hectic GC process with all the "inequalities" among various EB categories, naturalization process is a level-playing field where your specific skills do not matter. Everyone is considered equal here, whether you have got your GC via EB, FB or even amnesty route. This makes sense too, considering that your value (to this country) as a citizen rests primarily in your voting right, and someone who can cook is just as good to vote as another who writes smart computer codes (no knock on the cook, my wife is a fantastic cook herself). This is why the "priority date" for your citizenship application is set at 5 years (of continuous residency) from the date printed on your PR card, irrespective of your GC category (the wait is 3 years for those with USC spouse). The only condition that permits some arbitrariness in the evaluation process is in establishing a "good moral character", which makes point #6 in my original list important.
This is of 01/09. It takes about 6 months after N-400 is filed and you can apply after 4 years and 9 months.
http://www.uscis.gov/files/article/M-476.pdf
Yes, there will be backlogs but most likely there won't be long waiting lines. It really depends on the number of people filing. There won't be another July 2007.
preddy2k
07-14 06:08 PM
Good job guys, Kudos to all, especially IV team for organizing
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virald
07-19 09:25 AM
So, is it a good idea to wait until next week and then decide the course of action.
Can we send another application just in case? Has anyone talked to their lawyer. As per USCIS, even if they send the application back, it might take 30 days to receive the application. (Understandable, since it is USCIS).
Any one has any clue what to do?
Can we send another application just in case? Has anyone talked to their lawyer. As per USCIS, even if they send the application back, it might take 30 days to receive the application. (Understandable, since it is USCIS).
Any one has any clue what to do?
more...
punjabi77
09-23 07:02 PM
It is a free world. One can vent out his anger anywhere he wants. the person chose to got to immigrationportal..chill out people.. we are uncecessarily giving importance to that post..
makino_a55
06-07 12:29 PM
So you see, what really matters here is whether you feel you are entitled to something or not. If you don�t feel entitled to a fair immigration process that does justice to those who seek legal ways to immigration, then you probably aren�t entitled. To ask for something, you must first believe that you deserve it. And to show that you deserve it, you must ask it loudly and clearly from rooftops.Don�t predict visa bulletins, but work to change and influence the visa bulletin 6 months from now. And no, you wont be deported for exercising that constitutional right.
keep the good work going we are with you guys
keep the good work going we are with you guys
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sc3
08-11 02:52 PM
I am wondering the same for 2002 applicants. I wonder if many people were approved in 2007 fiasco and if yes, then why PD is stuck at Nov 2001?
I am also thinking the same that many might have been approved in 2007, because most of these applicants had a chance to apply before the gates were closed in 2005, and would have been approved in 2007. But 0 responses is still odd.
The reasons for Nov 2001 PD could be due to backlog processing centers that held sway over these applicants (non-RIR cases), but by same yardstick, there still should be some cases in early 2002. Odd indeed (though a good kind of "odd", as we will get a welcome jump in dates once they ball starts rolling).
I am also thinking the same that many might have been approved in 2007, because most of these applicants had a chance to apply before the gates were closed in 2005, and would have been approved in 2007. But 0 responses is still odd.
The reasons for Nov 2001 PD could be due to backlog processing centers that held sway over these applicants (non-RIR cases), but by same yardstick, there still should be some cases in early 2002. Odd indeed (though a good kind of "odd", as we will get a welcome jump in dates once they ball starts rolling).
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jthomas
01-30 06:27 PM
voted
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nrk
10-27 10:46 AM
Post-Decision Activity
On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
This is my 140 status from start, people say that Department of state is not normal. i opened a SR on 10/15/2009 and the status of my case is
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/776640-your-case-is-on-hold-because-your-appear-to-be-inadmissible-under-the-current-law.html
I just received notification that my approved 140 (which got approved way back in 2007) is now moved to USCIS. Has anyone seen this before?
Exact status is as follows
Post-Decision Activity
On October 27, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
This is my 140 status from start, people say that Department of state is not normal. i opened a SR on 10/15/2009 and the status of my case is
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/776640-your-case-is-on-hold-because-your-appear-to-be-inadmissible-under-the-current-law.html
I just received notification that my approved 140 (which got approved way back in 2007) is now moved to USCIS. Has anyone seen this before?
Exact status is as follows
Post-Decision Activity
On October 27, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
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ragz4u
02-22 09:55 AM
Bill Frist Website
http://frist.senate.gov/index.cfm?FuseAction=Columns.Detail&Column_id=82
AMERICA MUST NURTURE HOMEGROWN HIGH-TECHNOLOGY WORKFORCE
--Op/Ed in San Jose Mercury News--
Senator Frist listens as Dr. James Wingate, President of LeMoyne-Owen College in Tennessee, expresses support for the inclusion of the SMART Grant program in this week's Senate budget reconciliation bill, 11/2/05
February 2006 - Every time I visit Silicon Valley I'm reminded of a simple fact: American businesses lead the world because they employ talented people. From the top executives at companies like Apple and Cisco to the science and engineering students I'll speak with Monday at San Jose State University, Americans sit on the cutting edge of technology.
We have less than 5 percent of the world's population but produce almost a quarter of its wealth and enjoy the highest per capita income of any large industrial economy. Americans receive more patents than the citizens of any other country, have the world's best university system, do most of the world's basic research, and take home the lion's share of Nobel Prizes in the sciences.
As many people working in Northern California's technology sector have realized, however, we can't afford complacence. China and India together now produce at least twice as many engineers as the United States. Both have fast growing populations and high-quality universities. In search of profits, companies have begun to outsource more low- and medium-skilled jobs to these nations.
No amount of funding, furthermore, would allow the United States to catch -- much less exceed -- China and India's combined production of scientific personnel. We just don't have enough people. Even at our own universities, foreigners earn an ever-increasing percentage of degrees in the hard sciences. Some remain, but many end up taking their valuable skills back home. American companies, meanwhile, have thousands of scientific and engineering openings that they can't fill.
If we hope to remain the world's pre-eminent economic power,/ we need to produce more scientists and engineers and train them better. One recent study, indeed, found that 85 percent of income growth stems from technological change.
While every American deserves a high-quality education, we need to target additional resources on the most talented students to ensure America retains its competitive edge. In particular, we need to provide an incentive to all of America's bright, driven low-income students who want to pursue careers in the sciences. Right now, far too many talented students from poor backgrounds drop out of college or shift away from hard science because of the expense. It's bad for the country.
One program that the president signed into law earlier this year takes the first major step toward fixing the problem. The SMART Grant program, which I developed, will focus assistance on students in science, math and strategic foreign languages who earn B averages or better during their junior and senior years of college. Next year, the California State University system estimates, more than 3,000 students systemwide -- including many at San Jose State -- will benefit from the program. Many will have their tuition payments eliminated entirely and the numbers will rise in coming years as the program attracts more people into the sciences. Thousands more students in the University of California system will also benefit.
Of course, tuition subsidies alone can't ensure that we'll have enough talented workers. In the coming months, Congress will consider the president's proposals to improve K-12 math education, increase funding for basic research, support high-risk/high-reward applied science projects, and make the research and development tax credit permanent. Fiscal realities, of course, will play a role in any final decision as Congress examines these proposals.
Silicon Valley companies already do an excellent job recruiting America's best and brightest. Now the government needs to build on its efforts to increase the ranks of homegrown scientists and engineers.
Hey Sobers,
Great work....I always look forward to your postings. Positive energy like yours helps IV in more ways than one.
Keep it up
http://frist.senate.gov/index.cfm?FuseAction=Columns.Detail&Column_id=82
AMERICA MUST NURTURE HOMEGROWN HIGH-TECHNOLOGY WORKFORCE
--Op/Ed in San Jose Mercury News--
Senator Frist listens as Dr. James Wingate, President of LeMoyne-Owen College in Tennessee, expresses support for the inclusion of the SMART Grant program in this week's Senate budget reconciliation bill, 11/2/05
February 2006 - Every time I visit Silicon Valley I'm reminded of a simple fact: American businesses lead the world because they employ talented people. From the top executives at companies like Apple and Cisco to the science and engineering students I'll speak with Monday at San Jose State University, Americans sit on the cutting edge of technology.
We have less than 5 percent of the world's population but produce almost a quarter of its wealth and enjoy the highest per capita income of any large industrial economy. Americans receive more patents than the citizens of any other country, have the world's best university system, do most of the world's basic research, and take home the lion's share of Nobel Prizes in the sciences.
As many people working in Northern California's technology sector have realized, however, we can't afford complacence. China and India together now produce at least twice as many engineers as the United States. Both have fast growing populations and high-quality universities. In search of profits, companies have begun to outsource more low- and medium-skilled jobs to these nations.
No amount of funding, furthermore, would allow the United States to catch -- much less exceed -- China and India's combined production of scientific personnel. We just don't have enough people. Even at our own universities, foreigners earn an ever-increasing percentage of degrees in the hard sciences. Some remain, but many end up taking their valuable skills back home. American companies, meanwhile, have thousands of scientific and engineering openings that they can't fill.
If we hope to remain the world's pre-eminent economic power,/ we need to produce more scientists and engineers and train them better. One recent study, indeed, found that 85 percent of income growth stems from technological change.
While every American deserves a high-quality education, we need to target additional resources on the most talented students to ensure America retains its competitive edge. In particular, we need to provide an incentive to all of America's bright, driven low-income students who want to pursue careers in the sciences. Right now, far too many talented students from poor backgrounds drop out of college or shift away from hard science because of the expense. It's bad for the country.
One program that the president signed into law earlier this year takes the first major step toward fixing the problem. The SMART Grant program, which I developed, will focus assistance on students in science, math and strategic foreign languages who earn B averages or better during their junior and senior years of college. Next year, the California State University system estimates, more than 3,000 students systemwide -- including many at San Jose State -- will benefit from the program. Many will have their tuition payments eliminated entirely and the numbers will rise in coming years as the program attracts more people into the sciences. Thousands more students in the University of California system will also benefit.
Of course, tuition subsidies alone can't ensure that we'll have enough talented workers. In the coming months, Congress will consider the president's proposals to improve K-12 math education, increase funding for basic research, support high-risk/high-reward applied science projects, and make the research and development tax credit permanent. Fiscal realities, of course, will play a role in any final decision as Congress examines these proposals.
Silicon Valley companies already do an excellent job recruiting America's best and brightest. Now the government needs to build on its efforts to increase the ranks of homegrown scientists and engineers.
Hey Sobers,
Great work....I always look forward to your postings. Positive energy like yours helps IV in more ways than one.
Keep it up
more...
sfcwtu
09-17 01:01 PM
sfcwtu: "when you say she did withdraw" what do you mean? did she withdraw 6020?
I am not sure now. Lofgren mentioned something about withdrawing her bill. But the vote for an amendment went on after. someone explain?
It's in recession now. The chair said he hope he could move things expeditiously when meeting resumes.
I am not sure now. Lofgren mentioned something about withdrawing her bill. But the vote for an amendment went on after. someone explain?
It's in recession now. The chair said he hope he could move things expeditiously when meeting resumes.
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Saburi
09-17 12:26 PM
When is our Bill coming for vote
more...
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H1B2GC
09-30 10:30 PM
NSC is known to create head ache for everyone. This another case of their incompetence.
1> This H1 petition was approved 1 year ago. I have the I-797 Notice with me. Then why did they re-open this case after 1 year of approval?
They would have re-opened the case based on some evidence that became available to them after the approval or simple because they don't have work to do. I'm just speculating, in such cases they issue a NOIR requesting additional information. Can you post the NOIR? The intent is to curb H1B and greencard and NOT providing good service.
2> My I-131, I-485, I-765 applications has been accepted and chqs encashed. What happens to them now?
Greencard is filed for a permanent future job, you dont need a H1B to get one. If you get your EAD, you are SAFE whatever happens to your H1B as you can continue to work on EAD.
If the above is regarding your employer, beware they might start reviewing your approved I-140.
If you acquire 180 days and I-140 remain approved and you use AC21 to join another employer or if your I-485 gets approved. USCIS cannot do anything - Nada.
3> What about my H1-transfer which is pending?
All that will happen in the worst case is your H1b will get revoked. You can take a couple of months vacation and come back on your approved I-131 and work on EAD till you get your greencard.
Don't go nuts, keep cool; The best is yet to come!
1> This H1 petition was approved 1 year ago. I have the I-797 Notice with me. Then why did they re-open this case after 1 year of approval?
They would have re-opened the case based on some evidence that became available to them after the approval or simple because they don't have work to do. I'm just speculating, in such cases they issue a NOIR requesting additional information. Can you post the NOIR? The intent is to curb H1B and greencard and NOT providing good service.
2> My I-131, I-485, I-765 applications has been accepted and chqs encashed. What happens to them now?
Greencard is filed for a permanent future job, you dont need a H1B to get one. If you get your EAD, you are SAFE whatever happens to your H1B as you can continue to work on EAD.
If the above is regarding your employer, beware they might start reviewing your approved I-140.
If you acquire 180 days and I-140 remain approved and you use AC21 to join another employer or if your I-485 gets approved. USCIS cannot do anything - Nada.
3> What about my H1-transfer which is pending?
All that will happen in the worst case is your H1b will get revoked. You can take a couple of months vacation and come back on your approved I-131 and work on EAD till you get your greencard.
Don't go nuts, keep cool; The best is yet to come!
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desi3933
01-28 04:17 PM
.....
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
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/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
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/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
more...
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axp817
03-31 01:22 PM
If in 485 denial it is due to ability to pay and they state so in 485 denial and you were paid labor wage from priority date until you left and were eligible for ac21 then the denial would not have been in error and you would be fine.
I assume you meant to say "denial would have been in error".
I assume you meant to say "denial would have been in error".
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va_12_2004
04-21 10:49 PM
I have just contributed $100. More later. Please keep up the good effort. I am trying to talk with guys in our company to join and contribute.
more...
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ronhira
07-17 10:53 PM
Is it possible to add VISA recapture to this bill? ????
Family reuniting Bill H.R. 2709 Introduced Jun 4, 2009.
H.R. 2709: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-2709)
you got it! its done.... only because u said it.... for such a brilliant idea which no one could think..... i want to nominate you for the president of the united states of america
proud member of 'GCperm for president'!!!!
Family reuniting Bill H.R. 2709 Introduced Jun 4, 2009.
H.R. 2709: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-2709)
you got it! its done.... only because u said it.... for such a brilliant idea which no one could think..... i want to nominate you for the president of the united states of america
proud member of 'GCperm for president'!!!!
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gcformeornot
12-12 08:31 PM
will you be a member? I would propose we charge a mere $25 fee for registering and then monthly contribution of say $25. Then we run special funding drives for lobbying when ever required. Will you be a paid member to come out of GC mess?
Please participate in the poll.
Please participate in the poll.
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kumar1
08-25 03:01 PM
I would like to propose your name for Nobel Prize.
Well, you can do PD porting :D :D. Adopt a 16-17 year American citizen kid(?), and you will be good to go soon. I guess you cant really adopt people beyond 18 years, but if you can, it will be like PD-porting to EB1 !! ;)
Well, you can do PD porting :D :D. Adopt a 16-17 year American citizen kid(?), and you will be good to go soon. I guess you cant really adopt people beyond 18 years, but if you can, it will be like PD-porting to EB1 !! ;)
JazzByTheBay
12-13 05:40 PM
What I've said is: IF you think....
If you don't think that way, this doesn't apply. :)
So please stop taking it personally and stop getting all worked up about it... :)
jazz
I do not appreciate you pretending to know what I think of everyone in here and their work. (Which just for the record I appreciate very much!)
Simply put: I did not and do not think of anyone in here as an idiot.
So please refrain from saying that in future.
If you don't think that way, this doesn't apply. :)
So please stop taking it personally and stop getting all worked up about it... :)
jazz
I do not appreciate you pretending to know what I think of everyone in here and their work. (Which just for the record I appreciate very much!)
Simply put: I did not and do not think of anyone in here as an idiot.
So please refrain from saying that in future.
hope_4_best
08-11 02:36 PM
Done
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