nogc_noproblem
04-24 09:48 AM
Live webcast can be viewed during the hearing
http://judiciary.house.gov/schedule.aspx
Check Box for "Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law" to be selected to see the appropriate schedule.
http://judiciary.house.gov/schedule.aspx
Check Box for "Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law" to be selected to see the appropriate schedule.
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go_guy123
09-06 11:31 PM
My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
Your comany is doing it right. If there are qualified US applicants, how can they claim that
they didnt find a local candidate. What will they do if they get audited. Nowdays USCIS/DOL is auditing massively.
Unfortunately EB green card is a employer driven process and there is nothing you can do about it. US immigration system treats skilled immigration as lowest of the lowest priority.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
Your comany is doing it right. If there are qualified US applicants, how can they claim that
they didnt find a local candidate. What will they do if they get audited. Nowdays USCIS/DOL is auditing massively.
Unfortunately EB green card is a employer driven process and there is nothing you can do about it. US immigration system treats skilled immigration as lowest of the lowest priority.
pmpforgc
02-07 07:15 PM
Here is some more info
I am traveling from
From GSP ( Greenville Spartanburg) to Ahmedabad
or from ATLANTA to Ahmedabad
thanks
I am traveling from
From GSP ( Greenville Spartanburg) to Ahmedabad
or from ATLANTA to Ahmedabad
thanks
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GCNOMAD
03-07 01:51 PM
Hi,
I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.
When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.
Some lessons learned from my above experiences and some points that might help you -
1. The truth is, when your I-94 expires, you immediately loose your authority to work
2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
Take the above 4th point as its appropirate for you case.
5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.
After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.
And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...
I hope this helps and I wish you the best of luck to get it in the local CPB office itself.
God Bless.
I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.
When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.
Some lessons learned from my above experiences and some points that might help you -
1. The truth is, when your I-94 expires, you immediately loose your authority to work
2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
Take the above 4th point as its appropirate for you case.
5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.
After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.
And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...
I hope this helps and I wish you the best of luck to get it in the local CPB office itself.
God Bless.
more...
Stan09
07-16 11:37 AM
Well, not quite.
They cannot demand reimbursement for official filing fee, it's about $1500.
But they can demand to compensate for other expenses - like, lawyer, paperwork, recruiting, relocation, accommodation etc etc. It's legal.
And pretty often such a provision is enforceable. That is, they can sue you, and demand you to pay _way_ more in case of lawsuit.
They cannot demand reimbursement for official filing fee, it's about $1500.
But they can demand to compensate for other expenses - like, lawyer, paperwork, recruiting, relocation, accommodation etc etc. It's legal.
And pretty often such a provision is enforceable. That is, they can sue you, and demand you to pay _way_ more in case of lawsuit.
vin13
12-02 01:21 PM
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
If you do not get help in one of the offices, try your luck at another USCIS office.
more...
gsc999
01-07 03:23 AM
Many "promotions" offered by many corporations have this "condition" of winner being a "legal resident." I guess, maybe, H1B will come under that. GC is premanent resident. But here Toy R Us got caught between the fine print and being politically correct.
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VMH_GC
12-14 03:41 PM
Thanks all for your information. It is really helpful.
more...
ivjobs
11-10 10:02 AM
Couple of polls have been started in the entrepreneurship group. Please follow the below link to participate
http://finance.groups.yahoo.com/group/ivstartup/polls
http://finance.groups.yahoo.com/group/ivstartup/polls
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Sakthisagar
04-28 10:05 AM
I agree US having fair consideration for illegals because of political reasons(VOTES to be specific)
but the author comparing India & Mexico having strict rules.. common...
India have borders open for Bangladesh and whoever crosses the border, with out any shame
the present ruling party kaangress is giving Ration Card and Voters Id.
Mexico we all know how tuff the law is and what they do.
So Please do not compare apples with oranges.. whoever is the author.
Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!
here there is no legals and illegals now, no one should be allowed to do divide and rule policy.
now Legal and Illegals are almost the same on immigration thing at least.
Hispanics made us hostage so go with the flow.
but the author comparing India & Mexico having strict rules.. common...
India have borders open for Bangladesh and whoever crosses the border, with out any shame
the present ruling party kaangress is giving Ration Card and Voters Id.
Mexico we all know how tuff the law is and what they do.
So Please do not compare apples with oranges.. whoever is the author.
Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!
here there is no legals and illegals now, no one should be allowed to do divide and rule policy.
now Legal and Illegals are almost the same on immigration thing at least.
Hispanics made us hostage so go with the flow.
more...
vin13
03-11 09:14 AM
My AP was mailed by USCIS in January and I never received it. Called USCIS customer service, they said I need to apply again by paying $305 again. Called up USPS and they cannot find it, USPS said they will be sending me apology letter.
Did any one lost AP in mail, did any of you refile again.
I had a similar situation. The website showed that the case was approved. After waiting for few weeks had my lawyer contact USCIS. They said to wait another week and if it does not arrive then they will issue a duplicate one. The very next day, the lawyer fedexed me the AP papers saying they arrived. Now, i am not sure if the mail was not opened at the lawyer's office or truely it arrived the very next day.
I think the best for you would be to schedule a Infopass and go there with your information. If they feel like helping you, they can have you fill the application form right there and issue the AP in a day or two.
Take a couple of your passport photos just in case they want you to fill the application again. It is a very short application. So it takes less than 10 minutes to fill it. They may not charge you any money. Just take your 485 receipt notice, I-140 approval notce, previous AP approvals if any, current EAD with you.
Did any one lost AP in mail, did any of you refile again.
I had a similar situation. The website showed that the case was approved. After waiting for few weeks had my lawyer contact USCIS. They said to wait another week and if it does not arrive then they will issue a duplicate one. The very next day, the lawyer fedexed me the AP papers saying they arrived. Now, i am not sure if the mail was not opened at the lawyer's office or truely it arrived the very next day.
I think the best for you would be to schedule a Infopass and go there with your information. If they feel like helping you, they can have you fill the application form right there and issue the AP in a day or two.
Take a couple of your passport photos just in case they want you to fill the application again. It is a very short application. So it takes less than 10 minutes to fill it. They may not charge you any money. Just take your 485 receipt notice, I-140 approval notce, previous AP approvals if any, current EAD with you.
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kannan
07-21 03:02 PM
Has the legal name of your company changed in the recent times. It happened in my case (used to work for a big 4 firm), the I-140 petition was filed with the name "123 extended business services LLC". Later the company lawyers applied another I-140 was filed with a name of "123 Consulting extended business services". Both my I-140's got approved within a gap of 3 months.
Actually this is my previous employer I-140. I ported the PD only.Do i have to worry.
Actually this is my previous employer I-140. I ported the PD only.Do i have to worry.
more...
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txh1b
08-27 10:35 PM
Unless there was clear USCIS error, No refunds. Details below.
DHS | USCIS Refunds: How is the Process Working for You?: Questions from CIS Ombudsman's Teleconference on January 31, 2008 (http://www.dhs.gov/xabout/structure/gc_1226610826777.shtm)
6. EAD Application, Green Card – A caller filed for a replacement work authorization card. The next month the caller received a green card approval letter. The work authorization application was never adjudicated, but USCIS did not return the fee. How can this applicant get a refund?
•USCIS Response on April 30, 2008: The applicant will not be entitled to a refund. When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary's eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application.
The implementation of the new fee schedule, effective July 30, 2007, prevents situations like this from happening. If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, then no fee is required to file a request for employment authorization on Form I-765.
DHS | USCIS Refunds: How is the Process Working for You?: Questions from CIS Ombudsman's Teleconference on January 31, 2008 (http://www.dhs.gov/xabout/structure/gc_1226610826777.shtm)
6. EAD Application, Green Card – A caller filed for a replacement work authorization card. The next month the caller received a green card approval letter. The work authorization application was never adjudicated, but USCIS did not return the fee. How can this applicant get a refund?
•USCIS Response on April 30, 2008: The applicant will not be entitled to a refund. When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary's eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application.
The implementation of the new fee schedule, effective July 30, 2007, prevents situations like this from happening. If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, then no fee is required to file a request for employment authorization on Form I-765.
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v2neha
04-08 10:28 AM
PD Aug 03
RD July 07
ND Aug 07
EB3 - India
RD July 07
ND Aug 07
EB3 - India
more...
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Dhundhun
10-15 01:49 PM
Is the U.S. Losing Its Edge in Tech?
In one word answer seems to be "yes". Few indicators are:
- With CERN Large Hadron Collider, Europe took a quantum leap into physics
- With Airbus A380, Europe taking lead in passenger aircraft. It is technically superior as only two flying crew member perform role of flight engineer and navigator. We can not forget supersonic Concorde.
- In cloning several other countries are ahead
- US does not have technology/infrastructure to make chepeast car in the world.
- Due to business model, usually cellular devices/services are better in Europe and Asia
- US is not economically better for putting Satelle in space, the economy is also one of the indicator of technology.
- In car, Europeans are better
However US $ muscle and can do things such as:
- To keep superiority in air over SU MKI-30 (around $45 million), F-22 (around $200 million) can be mass manufactured
- Deep space exploration, sending probes
- Space shuttles for space research
- NTSC was inferior to PAL and SECAM, can take a leap into HDTV
In one word answer seems to be "yes". Few indicators are:
- With CERN Large Hadron Collider, Europe took a quantum leap into physics
- With Airbus A380, Europe taking lead in passenger aircraft. It is technically superior as only two flying crew member perform role of flight engineer and navigator. We can not forget supersonic Concorde.
- In cloning several other countries are ahead
- US does not have technology/infrastructure to make chepeast car in the world.
- Due to business model, usually cellular devices/services are better in Europe and Asia
- US is not economically better for putting Satelle in space, the economy is also one of the indicator of technology.
- In car, Europeans are better
However US $ muscle and can do things such as:
- To keep superiority in air over SU MKI-30 (around $45 million), F-22 (around $200 million) can be mass manufactured
- Deep space exploration, sending probes
- Space shuttles for space research
- NTSC was inferior to PAL and SECAM, can take a leap into HDTV
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akred
02-23 10:51 AM
Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india
EB1 - 3K
EB2 - 21K
EB3 - 17.5K
EB4 - 0.3K
EB5 - 0
EB Total - 41K
Am I missing something?
One other factor is in play:
100,000 visas were recaptured in 2000 under the AC21 act and made available to oversubscribed countries over the years until they ran out in 2005.
EB1 - 3K
EB2 - 21K
EB3 - 17.5K
EB4 - 0.3K
EB5 - 0
EB Total - 41K
Am I missing something?
One other factor is in play:
100,000 visas were recaptured in 2000 under the AC21 act and made available to oversubscribed countries over the years until they ran out in 2005.
more...
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needhelp!
01-21 01:49 PM
I know one or two friends who had gap in between H1 transfer. So far USCIS has not been to strict about it.
If you find a minute, could you please update your profile to help other members and IV?
If you find a minute, could you please update your profile to help other members and IV?
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sku
09-11 01:54 PM
This Poll is for EB2 applicant whose priority Date is current but are waiting for approval.
Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.
I
Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.
I
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pcs
07-31 01:51 PM
Please share the info
thanks
thanks
hmehta
07-13 07:52 PM
All,
My Attorney emailed today that in order to potentially benefit from the AILF lawsuit for the July VB fiasco, they will go ahead and file my I-485 next week. Now, I am not sure if this is a good thing to do. Anybody with such a situation? Any experts, please advise.
My Attorney emailed today that in order to potentially benefit from the AILF lawsuit for the July VB fiasco, they will go ahead and file my I-485 next week. Now, I am not sure if this is a good thing to do. Anybody with such a situation? Any experts, please advise.
paskal
03-15 06:17 PM
The maximum duration of a J-1 is 7 years but the visa is issued 1 year at a time (royal pain). Therefore there is nothing such as a transfer. When residency is over, if you get a fellowship the program files with ECFMG the necessary papers to prove that it's an accredited program etc It is ECFMG that sponsors you not your program/hospital. Each year the program informs ECFMG on your progress and based on that a new sponsorship for another year is granted.
After my first fellowship i was board certified. In order to specialize further I (and my new department) had to convince ECFMG that there was some merit in the whole proposal. anyway long story, they did sponsor me and I did another 2 years thus completing the entire 7 year period.
As for GC, my employer just started the process and insisted on choosing an expensive corporate lawyer they have worked with before. She is in no hurry and I don't know when I will even have a priority date let alone a GC. This is after 11 years here. such fun....
After my first fellowship i was board certified. In order to specialize further I (and my new department) had to convince ECFMG that there was some merit in the whole proposal. anyway long story, they did sponsor me and I did another 2 years thus completing the entire 7 year period.
As for GC, my employer just started the process and insisted on choosing an expensive corporate lawyer they have worked with before. She is in no hurry and I don't know when I will even have a priority date let alone a GC. This is after 11 years here. such fun....