Thursday, June 30, 2011

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  • rbkrao
    06-29 10:07 PM
    The victim was an immigrant like us and became a naturalized citizen here.
    No one knows the motive behind the attack, it is still being investigated.
    It was posted here to caution the immigrants of these attacks (just like in Australia).




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  • nb_des
    10-04 01:45 PM
    You are just guessing that he was the reason that our SKIL bill or even a minor reform was not included in latest enformance only bills. I have personally read different point of views here. Mathew Oh's website said House wanted to include some measure but were not allowed to include piecemeal immigration legislations.

    I guess only core members will only know who supports us and who does not.




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  • immi_enthu
    01-12 02:04 AM
    Hey here is a situation:

    I have over 7 years of experience in IT
    Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
    Have a diploma (1 year in computers)
    few other computer certificate courses.

    I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
    My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.

    So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.

    So what do u guys think that my company attorney is correct.

    My understanding is that with the above qualifications, I am eligible for EB2.
    Am I wrong????

    Why EB2 ? Isn't EB3 doing better for India than EB2.




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  • jonnalagedda
    06-24 07:11 PM
    I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
    Are there any risks here?



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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
    03-31 06:58 PM
    It will be great of someone can record and post it on youtube.



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  • ssdd123
    08-28 07:16 PM
    Most of us know its surely a tiring and long process to get visa dates in Hindi for Delhi embassy. I tried for about a month before I got it. Here is what I observed and find very important for anyone taking Hindi visa dates in Delhi:

    (a) Delhi embassy mostly adds new Hindi dates every two weeks. Specially when the english dates are about to expire, because Hindi dates are expired/not available most of the time :)

    (b) These dates are added on either Thursday or Friday.

    (c) Most chances are on Thursday/Friday morning or noon. That is from 10am IST to around 2-3pm IST.

    (d) During this time, keep checking every 5 minutes. This is because once they release dates, I do not know, but the dates are gone in 10 minutes flat !!!

    (e) Keep your information already filled and saved in vfs database, otherwise no chance that one can complete all DS 156/157 forms in those crucial 10/15 minutes.

    (f) Good luck!




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  • nashim
    06-15 01:55 PM
    If your case was filed successfully then USCIS will send you receipt notice and biometrics appointment notice with in a week.



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  • martinvisalaw
    06-05 05:03 PM
    It is very late to be submitting the RFE response now. CIS will probably deny the H-1B and your employer will need to refile. The employer should have asked for an extension before the due date.




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  • Mirage_GC
    06-23 05:18 PM
    I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.

    But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.

    Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:

    1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
    2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
    3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.

    Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.

    I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.

    I trust this information will be perused and I will be available to given additional input.

    Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.

    I am articulating this for the benefit of one and many.



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  • cagedcactus
    12-19 02:10 PM
    Thank you for contacting me about the issue of immigration. I appreciate you sharing your views with me.



    As you know, the United States Senate passed legislation earlier this year in response to the serious problems with our nation's immigration system. Debate on the comprehensive legislation dealt with a broad range of issues including our national security, border enforcement, guest worker programs, and the issue of immigrant workers in agriculture, seasonal jobs, and high-skilled positions. Our immigration system is broken, and I am well aware of the urgent need for reform and the impact on those trying to navigate this complicated bureaucracy. This legislation is now before the House of Representatives.



    We need an effective immigration system that works for businesses and communities and that protects the basic rights of immigrants who are such an important part of our state economy and quality of life. In the end, I did not support this legislation because it failed to strike the proper balance between security, fairness and preserving Michigan jobs.



    Thank you for contacting my office. I will keep your strong views in mind if the Senate considers this issue again. Please continue to keep me informed about issues that are important to you and your family.



    Sincerely,

    Debbie Stabenow

    United States Senator





    Above is what I received today in my mail.
    I dont know what to do now. It seems that all our efforts are worthless. It seems that regardsless of what we do, the Senators have made up their minds about this bills. I think that anti immigration forces are way too stronger for us to tackle.......
    I personally dont see any relief........
    :mad:




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  • bayarea07
    07-23 10:35 AM
    Thanks , but i already using OSCommerce from technical standpoint but i had some operational questions,let me know if you have a ecommerce site.

    If you are looking for a ready-made solution - Volusions and a few other options are out there.
    If you are computer savvy you can also use Drupal and other pre-built solutions and customize using smart cart and payment processing packages.
    Writing everything from scratch may be a waste of time if online retail is your goal.

    HTH



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  • sunny1000
    02-22 12:58 PM
    Please post this at lawyer's section ("Ask a lawyer for free") so that an attorney can help you answer the questions.




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  • judex
    05-05 12:02 AM
    eb2waiter,

    senthil1 has a very good answer, now if you are asking for the specific date, no one can answer your question... better pray for the CIR to be passed first...



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  • xyzgc
    12-08 08:36 PM
    be careful man! don't spread false info before bothering to check twice...!:D

    I am tempted to call you retarded, but I won't do that. I know its a slip.




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  • vivaforever
    08-08 02:24 PM
    Wake Up NSC Campaign !



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  • zerozerozeven
    04-01 11:04 PM
    04/02/2008: Petitions/Applications Backlogs as of 02/29/2008

    * I-140: 147,913
    * I-485: 787,516
    * I-130: 1,367,289
    * I-765 EAD: 150,028
    * I-90 Green Card renewals/replacements
    * For other statistics, please click here.

    Source -
    http://www.immigration-law.com/
    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf

    The backlog is so huge that there is no "light" at the end of the tunnel




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  • godbless
    01-10 03:16 PM
    :confused: But the dates having moved beyond the April 2000 deadline ( may be temporarily), why should they not move fast when the VB was current for a long time and there should not be many cases after April 2000 those were not adjudicated. So I feel if the dates don't retrogress then they should move forward faster.




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  • rb54321
    07-27 08:41 AM
    Hi,
    I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will

    Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.

    Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!




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    roseball
    03-12 03:19 PM
    I am in the same situation and my attorney advised me to definetely file my wife's H4 extension along with my H1, but make sure to only request her H4 extension till Sept 30, 2007 so that her H1 approved COS will take effect from Oct 1st.

    Hope this helps.



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