Friday, June 10, 2011

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  • jay75
    08-04 12:55 PM
    EB3 I - I140 pending , applied on 8/9/2007...sorry for the typo from the subject





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  • map_boiler
    09-25 05:27 PM
    I agree that technically he should be able to file based on the visa bulletin. However, note that this time, they kept the "unavailability" information under wraps unlike in July 2007.

    he is still eligible to file.





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  • WeShallOvercome
    12-26 12:49 PM
    I suppose you are living in USA.

    On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

    On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

    To answer your question, you are a non-permanent resident alien.

    Venram,

    I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.

    In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
    The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.

    Resident alien - An alien living here on a permanent basis
    NonResident Alien - An alien living here on a temporary basis

    I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..





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  • belmontboy
    05-26 08:03 PM
    just now finished taking an appointment to chennai consulate. while it was painful, i didnot get any errors like you mention.

    you need to save and submit the application.
    it then takes you to a page where in you need to confirm how you want to receive the passport
    once you select that you need to click on "continue" which will then take you to calendar where you can choose your specific dates.

    i used IE

    btw, make sure you type all addresses in one liner. if you try to indent [splitting in multiple lines] it doesnot showup in pdf form [shows only first two lines]



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  • neerajkandhari
    06-07 03:47 PM
    I have mailed the Rfe reply they received it on June 5

    I have seen LUD today sunday June 7





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  • InTheMoment
    07-11 10:37 PM
    With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...

    With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.

    So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)



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  • cpolisetti
    03-31 03:56 PM
    She was also available for Q&A earlier today on Washington Post. I am quoting one question and answer in particular. Probably she can help in more visibilty of our voice?

    Here is the link for todays Q&A:

    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html



    Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.

    I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?

    Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.



    Todays article:

    Most See Visa Program as Severely Flawed

    By S. Mitra Kalita
    Washington Post Staff Writer
    Friday, March 31, 2006; D01



    Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.

    They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.

    Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.

    But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.

    Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.

    Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.

    At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.

    Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.

    Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."

    In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.

    "If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.

    The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.

    Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.

    "Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."

    Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.

    It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.

    Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."

    Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.

    Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.

    Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.

    His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."



    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html





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  • freefly
    May 1st, 2005, 12:58 PM
    I think you already know the answer to this...don�t change a thing. They look very professional to me...PIN sharp, well composed and the speed is just right. By freezing the action, I think it gives the impression of an explosion of speed rather than enhancing the movement. Nice one!

    P.s. Perfect use of aperture to lose the background too!
    P.p.s.That has to be an "L" Lens?
    Nick
    http://www.all-things-photography.com (http://www.all-things-photography.com/)
    http://www.panphotography.com (http://www.panphotography.com/)



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  • prout02
    11-20 10:49 AM
    Seems like a good idea to me...even if it favors people with Attorneys....it atleast gives you an avenue to present your case to some Computer which then assigns the case to a human. Wow...what progress, TSC!!! Why can't your computer pick it up in the first place? What kind of system you have that can't prioritize work based on FIFO? Now we see a way out of this hell-hole. Hope NSC does the same too!!

    An afterthought: Could we write to Ombudsman for NSC adapting similar email routine?





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  • gsc999
    01-08 10:29 AM
    Heights of stupidity , does the child play with toys or its parents, why do they care about legality of parents !!
    ----
    Albaman & gcseeker:
    I am not an expert on this issue but per my understanding Contract law states that minors can't enter into a "valid" contract except for "necessities." Therefore, the need of their guardian's status. Also, these babies will get the $25K bond money when they become adults. I haven't read the Ts&Cs but am pretty sure about that



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  • GC_1000Watt
    12-19 12:08 AM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him,

    He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

    Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

    Thanks in Advance
    AJ

    Talk to a good immigration lawyer...preferably Murthy law firm.
    I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
    I am not a lawyer and hence please consult with experienced immigration attorney.
    Hopefully new year will come with good news for you. :)





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  • Ann Ruben
    04-17 02:21 PM
    Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.

    Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.

    A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.


    Ann



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  • serg
    12-21 01:10 PM
    They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).

    We are in democratic country. Why not ask them first? Give them due process.

    They could be guys from the same company, thay could even be neighbors using the same wireless router, has he ever heard about NAT?





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  • surabhi
    10-17 03:14 PM
    apart from payroll tax is'nt the employer suppose to pay employer tax which I suppose is anywhere between 8 to 12 % depending on the state it is operating? or is payroll tax same as employer tax? what other taxes does an employer has to pay if he hires a person on W2? appreciate inputs on this.

    Payroll tax is same as employer tax. There are 2 or 3 components of the taxes that employer pays such as Social security ( employer portion), unemployment tax, Medicare ( employer portion)

    also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings



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  • ufo2002
    09-11 04:48 PM
    The BPCs fall under USCIS control? I didn't know that, thought all Labor-stage processing belongs exclusive under DOL.


    --------------

    not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..





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  • amitga
    08-01 11:46 AM
    YouTube - Piya Tu Ab To Aaja (http://www.youtube.com/watch?v=bua_QY1awj8)



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  • traveldoc
    09-10 02:12 PM
    I have a strange situation with my AP renewal:

    Applied for AP renewal for both Primary and dependant on August 8th
    Dependent received AP approval on Sept 2nd
    Primary called USCIS to expedite process on grounds of medical emergency on Sept 2nd and Received a letter from USCIS on sept 8th - saying this - "The status of this service record is: Since the date we received your request, we have approved your case and sent an approval notice to you on 9/1/2009 to the address we have on file. If you do not receive the notice withing 30 days, then please contact our office again". But when I check the online status on USCIS.gov it says "Case received and Pending". How can the system say 2 different things?
    I made Infopass appointment today and went to the office to see if they can follow up on this situation and they just said their system says case 'Approved' so wait for 30 days.

    Anyone in the same situation? Any suggestions? Is there anyway I can apply for a duplicate or something? What if I just go ahead and re-apply for my AP before the 30 days...what other risks are involved other than loosing $305.





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  • ysharma
    05-30 04:54 PM
    Recently I sponsored my sister and her family to visit us in Summer of 2006. I had sent all the papers as required for applying for visitors visa. But the application was denied as consular was not satisfied.

    Please suggest any ideas that could have helped in getting the visa. Since I was sponsoring her and taking full charge of her stay related expenses then why was it denied? What else is needed?

    Thanks





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  • vikki76
    06-17 03:40 PM
    Thanks a lot for informative reply. Good to know that you are not the only one battling choices in this GC maze





    sertasheep
    03-26 12:04 PM
    dpsg,

    I think the point we're trying to make is TOI could probably write about "relevant" problems. Illegal immigration is not a problem we're fighting in this forum. Anyone recollect an article in recent times in TOI on impact of GC backlog and retrogression?

    The press is the primary forum for people's voices to be heard even in a difficult democracy like India.

    Let the media be aware of the problems NRIs are going through. Most people back home(Des) will think that people in the US have a cushy life with no worries, when the reality is different.

    This topic is really debatable, but its simply my humble opinion.

    And guess what: making the India NRI minister (Vayalar Ravi) of these issues didn't even result in getting an email response back. We might as well expect that "nothing will happen". But, what's the harm in trying? Just a few minutes of time (and electrons) expended).





    johnggberg
    08-10 12:55 PM
    close this thread please



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