Monday, June 13, 2011

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  • dazed378
    03-29 10:41 AM
    Thanks all.
    I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.




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  • justAnotherFile
    11-21 01:47 PM
    See body of email below....

    Hi,

    I would like your highly successful program to do a show on the "Plight of Legal High-Skilled Immigrants". The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).

    There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.

    All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
    years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.

    I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.

    What does it take for congress to pass some relief? Just some simple relief measures
    1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
    2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
    3. Do not count spouse and dependents towards the annual number
    4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .

    60 minutes is a highly regarded program that brings to focus issues that impact adversely law-abiding people and issues that impact America as a nation. I would request you to air a program on the plight of legal high-skilled immigrants to bring this highly important issue to national focus.

    regds,
    xxxxxx




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  • gc_on_demand
    06-12 09:55 AM
    Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
    You should find another job asap.
    If you cannot, then leave the country. If you overstay you will be illegal.

    And if you are an anti-immigrant posting on this site to provoke people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop coming to this site and try to malign law abiding people. Got it.

    If there is a counter american available for your job then you shoul leave that company and find another job if you cannot find then leave counrty. Bset of luck in your job search.




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  • priderock
    05-15 01:33 PM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?



    If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.

    I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.



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  • go_guy123
    01-20 12:24 PM
    Short pass plays
    WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)

    Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.

    The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.

    There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.

    - JZ

    Rightly said all "Comprehensive" are a recipe for failures.




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  • pappu
    12-01 03:40 PM
    I am not sure about the exact Business Analyst vs Programmer Analyst functions, but from my own experience, just make sure that your lawyer makes your job description very broad. It will help you not just in your process with the existing company but also if you were to change the job after 485.



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  • txh1b
    05-07 12:02 AM
    DOJ also has videos on other religions and cultures if anyone is interested. Links below.

    http://www.ojp.usdoj.gov/BJA/pubs/diversity.html

    http://bja.ncjrs.gov/diversity/flash.html




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  • aamchimumbai
    09-04 03:00 AM
    I called my Civil Surgeon yesterday and asked her if she was willing to fill out a new I-693 form because it has been changed. Well, she was willing to fill out but said the old data (May 2008) is not valid, precisely TB test/Blood work/Physical exam. I thought it was ridiculous because all she had to do was validate her own results from the last exam. She was open for validating any vaccination records but not her own tests that she conducted.

    I really don't want to spend $200/person again for the tests which she has already conducted. Anyways. I guess I'll have to pay her and get the new forms signed.

    Is anyone in the same situation?

    Thanks



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  • GC_2007
    12-22 12:09 PM
    http://www.immigration.com/newsletter1/h1bguidextn6yr.pdf




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  • newuser
    08-17 11:27 AM
    ashkam

    How many years do they renew the license based on I-485 receipt at Malvern DMV?

    Thanks

    I think the expiry date is based on EAD, not based on I-485 receipt notice.



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  • ganguteli
    06-12 11:26 AM
    Why before October?

    Because this year's greencards are expired. New quota starts in October. So he should apply labor by then so that he gets his greencard on Oct 1, 2009 by overnight FedEx at 9.00 AM.




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  • vin13
    01-09 06:58 PM
    None of my friends have lost their jobs. I was recently in India, and everyone i talked to was asking how bad was the job scene in US. I think India and Indians are affected more because of IT consulting jobs.



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  • suryamnb
    12-07 04:11 PM
    If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?

    just my opinion.

    I was worried because in the application, the admissions advisor was asking em to fill SSN & Visa status information. I was a bit worried to give that information if that is going to be voilated in any way.




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  • nk2006
    12-07 02:40 PM
    Friends,

    I apoligizeif I was posting this message in the wrong section.

    I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?

    Yes.
    I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.

    (note: I am not a lawyer)



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  • gcdreamer05
    11-10 02:11 PM
    Hi forum users,

    My wife is on h4 visa and we have found a volunteering position for a profit company.

    Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.

    You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.

    So that once we get our EAD we can use it to work.

    Does any one have any information about this. Because it is not a non-profit company it is a profit making company.

    The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.

    Thanks.




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  • miami75
    07-03 11:47 PM
    In Miami, as my nickname



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  • leoindiano
    07-09 02:03 PM
    http://www.aila.org/content/default.aspx?docid=22772

    Here's what uscis said...




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  • vin13
    09-30 04:47 PM
    She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe


    I thought the same...these people have no clue what they are doing.




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  • BimmerFAn
    05-29 09:34 AM
    I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.

    I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
    It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.

    To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.

    The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.

    Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.

    Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.

    Applied for a Waiver with the DOS: 4/22/10
    Received by DOS: 4/30/2010
    Response: Favorable Recommendation 05/04/2010
    Received by the USCIS @ VSC: 05/07/2010
    Waiver Approved by USCIS: 05/15/2010
    H1-B Filed under PP with the USCIS: 05/07/10
    H1-B Received by the USCIS: 05/11/10
    Decision: H1-B Approved 05/25/10




    arjun007
    02-07 10:16 PM
    PIMPS sounds wrong..thx for the correction..

    I94 discrepancy

    The US immigration officer at the Halifax airport took my old i-94 which was stapled to my passport (but did not take the i-94 from my 797 form)..But for my friend , the other officer did not take any.. just issued him the new i-94.. though my friend asked the officer if he forgot to take the old i-94, the officer said "dont worry abt it"




    dbevis
    November 9th, 2003, 06:40 AM
    To bad this image got corrupted somehow in the server move....a repost of the full image would sure be great.

    That's really weird. I reattached it and the link works again.

    Don



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