ryan
04-29 07:45 PM
Nice article here. It also compares the experience on how folks did once they went back. The needle is surely moving away from USA.
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
How is this a "nice" or even a transparent / balanced opinion? It starts off -- "With anti-immigrant sentiment building across the nation, and clouds of nativism.."
Is he referring to Anti-immigrant, or anti-illegal immigration? I believe the latter. There is a difference. As a potential immigrant, who has had the opportunity to live and work in America 10 years and counting, I haven't experienced the least bit of anti-foreigner sentiments from the everyday American folk. All I want to say, is that I have been extended the opportunities, quite felt welcomed and feel truly blessed to have some met some of the nicest folks / friends, from my time living in this country. I grew up in a country where we never got to belong. You could be born, and live there to the day you die -- and you'd never get to belong. It's a whole lot different here in America. I truly hope some people express fair and balanced opinions, as opposed to writing with a hidden agenda.. and that's a shame.
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
How is this a "nice" or even a transparent / balanced opinion? It starts off -- "With anti-immigrant sentiment building across the nation, and clouds of nativism.."
Is he referring to Anti-immigrant, or anti-illegal immigration? I believe the latter. There is a difference. As a potential immigrant, who has had the opportunity to live and work in America 10 years and counting, I haven't experienced the least bit of anti-foreigner sentiments from the everyday American folk. All I want to say, is that I have been extended the opportunities, quite felt welcomed and feel truly blessed to have some met some of the nicest folks / friends, from my time living in this country. I grew up in a country where we never got to belong. You could be born, and live there to the day you die -- and you'd never get to belong. It's a whole lot different here in America. I truly hope some people express fair and balanced opinions, as opposed to writing with a hidden agenda.. and that's a shame.
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Friend
02-15 10:45 AM
We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
BPforGC
01-07 02:54 PM
NO co-sponsors. This bill is going nowhere, even though I will jump with joy if it is passed. DV has no relevance right now and the country is diverse enough. Good idea to eliminate DV and add that to EB, but not going to happen. This congress is going to be a crab jar, one climbing up and others pulling down... nothing will get done.
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gsc999
09-07 12:54 PM
I noticed that California has around 20 names. I know that around 35 to 40 ppl are flying from CA. I think that is would be a similar case with other states.
Guys, this is required info. that will allow us to schedule an appointment with lawmakers. We have to provide this info. to them to receive meeting confirmation.
Please add your information asap, this is urgent and important
Guys, this is required info. that will allow us to schedule an appointment with lawmakers. We have to provide this info. to them to receive meeting confirmation.
Please add your information asap, this is urgent and important
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ashkam
02-27 09:48 AM
You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
thanks
LIN = nebraska service center, SRC = Texas service center
thanks
LIN = nebraska service center, SRC = Texas service center
lazycis
04-06 04:48 PM
lazycis, jhaalaa, meridiani - Thanks for your inputs...you guys rock. :cool:
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
See question 5 in the memo.
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
See question 5 in the memo.
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).
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FinalGC
05-10 02:49 PM
ICICI cheats you on the conversion rate. Try simply money gram from walmart
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chantu
06-15 09:53 AM
Anybody pls reply?
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chanduv23
11-20 11:16 AM
Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
Hmm interesting - I can smell CIR coffee brewing.
EB folks - brace for a bumpy ride
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
Hmm interesting - I can smell CIR coffee brewing.
EB folks - brace for a bumpy ride
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nashdel
04-09 08:10 PM
In my non professional opinion if your wife I 140 is approved then you should have a very low risk for any problem. If I 140 is not approved then you are taking a little more risk. If 140 is rejected, your EAD work might be invalid.
good Luck
good Luck
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sobers
06-07 06:13 PM
About a week back (see my first post in this thread), I said if FAIR lobbyist Brian Bilbray wins the special election in Calif. it will galvanize the anti-immigration sources. This really was a bellweather election and the folks in the 50th district made their choice: a restrictionist lobbyist over a liberal non-lobbyist who favored the Senate immig plan. Whatever the dynamics of the race or the constituency, this is what it boils down to.
http://www.cnn.com/2006/POLITICS/06/07/midterm.california/index.html
Plus, now Tancredo adds another House member to his immigration "reform" (read Restrictionist) caucus, making the Comprhensive Reform even more difficult to achieve this year.
http://tancredo.house.gov/press/PRArticle.aspx?NewsID=1200
Well, sure enough, you saw Dobbs touting Bilbray today. All the Restrictionist media also made a big deal out of this (Fox, Wash Times, etc). Rep Duncan Hunter, another house restrictionist, also hardened his position on a compromise, saying it reflected the position of the House Leadership. Soemtimes I think this is a deliberate attempt on part of the Republican Party to mobilize their core voters- Repub House candidates who show they can oppose their President on Immigration will be rewarded with votes from the republican base. This is how Repubs will use immigration as a wedge issue this year, mobilize their base, and try to retain control of the house when almost every other issue (Iraq war, ethics, deficits) is against them. Bush will probably continue to promote immig compromise till the July 2 election in Mexico, and let it go after a Calderon win. Meanwhile, the conference committtee will be appointed, but there will be no compromise this year as House Repubs use this as a wedge issue to get their voters out.
What this means for us is that IV should now start looking for an alternative legislative vehicle for Immigration Relief (which they probably are already). I know nothing can be moved until CIR officially dies, but we should do the groundwork on future efforts so no time is wasted when CIR does die in late july. I wish I am proven wrong, but I suspect there is a less than 5% chance of passing an Immigration Bll similar to the Senate version this year. I'm not usually downbeat, but frankly this is what I see happening.
http://www.cnn.com/2006/POLITICS/06/07/midterm.california/index.html
Plus, now Tancredo adds another House member to his immigration "reform" (read Restrictionist) caucus, making the Comprhensive Reform even more difficult to achieve this year.
http://tancredo.house.gov/press/PRArticle.aspx?NewsID=1200
Well, sure enough, you saw Dobbs touting Bilbray today. All the Restrictionist media also made a big deal out of this (Fox, Wash Times, etc). Rep Duncan Hunter, another house restrictionist, also hardened his position on a compromise, saying it reflected the position of the House Leadership. Soemtimes I think this is a deliberate attempt on part of the Republican Party to mobilize their core voters- Repub House candidates who show they can oppose their President on Immigration will be rewarded with votes from the republican base. This is how Repubs will use immigration as a wedge issue this year, mobilize their base, and try to retain control of the house when almost every other issue (Iraq war, ethics, deficits) is against them. Bush will probably continue to promote immig compromise till the July 2 election in Mexico, and let it go after a Calderon win. Meanwhile, the conference committtee will be appointed, but there will be no compromise this year as House Repubs use this as a wedge issue to get their voters out.
What this means for us is that IV should now start looking for an alternative legislative vehicle for Immigration Relief (which they probably are already). I know nothing can be moved until CIR officially dies, but we should do the groundwork on future efforts so no time is wasted when CIR does die in late july. I wish I am proven wrong, but I suspect there is a less than 5% chance of passing an Immigration Bll similar to the Senate version this year. I'm not usually downbeat, but frankly this is what I see happening.
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bsbawa10
09-02 11:39 AM
lol..
I think we all shud send our customer service experiences to USCIS and DHS leadership..we need to make a note of Agent IDs in the beginning..
atleast then they will feel a pinch to improve customer service (didnt they say that this is also one of the reason for fee hikes last year?/ ) :D:D
I think right now the customer service/info pass people are just saying whatever comes to their mouth at that point of time or what they can see on their monitors. They do not research into the case at all. To me that is not customer service at all. Rather it is a disservice in the sense that I got nothing but confusions from them. I still do not know where my case is right now in CSC or TSC. I got three different answers to the same question. The interesting thing is that on talking to the customer service (who said my case is still in CSC), I argued and said that CSC says that it is back in TSC, the reply was, "so it must be in TSC ". In other words, she repeated my own words.
I think we all shud send our customer service experiences to USCIS and DHS leadership..we need to make a note of Agent IDs in the beginning..
atleast then they will feel a pinch to improve customer service (didnt they say that this is also one of the reason for fee hikes last year?/ ) :D:D
I think right now the customer service/info pass people are just saying whatever comes to their mouth at that point of time or what they can see on their monitors. They do not research into the case at all. To me that is not customer service at all. Rather it is a disservice in the sense that I got nothing but confusions from them. I still do not know where my case is right now in CSC or TSC. I got three different answers to the same question. The interesting thing is that on talking to the customer service (who said my case is still in CSC), I argued and said that CSC says that it is back in TSC, the reply was, "so it must be in TSC ". In other words, she repeated my own words.
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ebizash
05-27 01:43 PM
I eFiled 4/14, docs sent 4/18, last LUD 4/26..... no activity since then...
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paskal
06-18 07:06 PM
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
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SR2610
04-12 04:18 PM
There are some good and bad things.. If labor substitution is gone, less chances of fraud, most of backlogged labors go waste, which obviously reduces the retorgression. bad thing is 45 days rule, DOL itself cannot make out where the hell is the labor application, when they approved it and when they mailed it, how can they say that you need to apply for 140 with in 45 days :mad:
-SR
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laborpains
03-18 08:21 AM
Isn't EAD for unrestricted employment as long as your primary job is similar to what was in the labor application?
What if the one's priority date becomes current and USCIS asks for proof of employment? Wouldn't the application be denied?
Hello,
My 2-cents:
1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)
As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.
This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.
However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)
What if the one's priority date becomes current and USCIS asks for proof of employment? Wouldn't the application be denied?
Hello,
My 2-cents:
1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)
As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.
This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.
However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)
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potatoeater
05-10 10:43 PM
Don't do it. Its a trick!!! You will be run over by really big airplanes!! I mean really big!
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qualified_trash
12-01 05:47 PM
You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
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pappu
10-23 11:01 AM
Significance of Priority date???
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
meridiani.planum
06-15 11:10 PM
I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
Has anyone else gone through this confusion? What are the things to keep in mind?
Is there a special need how the job requirement should be?
Please advise.
Thanks
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
Has anyone else gone through this confusion? What are the things to keep in mind?
Is there a special need how the job requirement should be?
Please advise.
Thanks
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
roseball
04-07 10:36 PM
A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
In this case, I would file her W-7, call IRS when the ITIN is available and follow their instructions.
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
In this case, I would file her W-7, call IRS when the ITIN is available and follow their instructions.
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