Saturday, June 11, 2011

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  • vamsi_poondla
    09-10 10:00 AM
    I ordered the Golf Tee - United colors of IV just now with the 1 to 5 business day shipping option, the second option. As I am planning to drive down Monday evening - I am hopeful that I will get it by then.

    I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.

    I would love to order online. But starting from Tampa on Friday itself. Is it possible to offer some at DC. I will definitely buy it. (I am sure many will buy)




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  • austingc
    12-24 10:25 PM
    Please advise urgently.

    Say today my I-140 is denied.
    Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
    Now I-140 is denied.
    Lawyer is opening an MTR.
    We dont know when the decision will come. May be positive, may be negative.

    1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
    2. Can I get extensions while MTR is pending.
    3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.

    Sorry to hear about your I-140 denial. Can you tell us why it was denied?

    1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
    2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
    3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.




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  • Prashanthi
    06-23 05:53 PM
    On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.




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  • NikNikon
    August 8th, 2005, 03:48 PM
    I think the shot turned out great Michael. I imagine you could use a similar technique as I have been doing with the infrared, with the filter off and the camera on a tripod using the autofocus to get focus where you want it then switch to manual focus and screw the filters on then take your picture. I'm also curious how much different shooting the same shot without the filters or possibly just one and setting the aperture at f/32 and using a slow shutter to try to achieve the same effect. Look forward to more experimentation.



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  • Templarian
    11-11 11:20 PM
    :lol: Bribery is hard.




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  • seekerofpeace
    04-23 04:54 PM
    Hmmm you may be right.....

    Well then I'd have to inform them....But still the attorney always gets a copy of an RFE right since I had it through the company attorney....

    As far as getting GC is concerned I am still far from that stage.....so there is no chance of missing that....I am not counting on it....

    But since I have signed that G28 form ....attorney always gets a copy of the correspondence from USCIS....

    All this is to avoid getting an RFE (for extraneous reason like address change) while I am unemployed ...

    Correct me if i am wrong.

    SoP



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  • mohitb272
    12-11 03:11 PM
    one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.

    Cannot agree with you more! USCIS - is any one listening???




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  • BharatPremi
    03-28 10:59 AM
    same here. i have updated my information but it doesn't show up in stats

    My experience: Fill all the fields at least for 1st and lasst blocks. Then you will find your record in tracker. Then do trial and error for making fields blank for some fields what you do not want to appear. Some fields, making blank would make record disappear and some not.



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  • starseed
    08-20 08:50 PM
    Let us know what you find out from your subsequent calls or infopass appointments.

    See my most recent and related post here http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/394381-ead-approved-for-only-1-year.html




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  • md2003
    03-14 09:41 AM
    If i140 is revoke by earlier employer , will it possible to port PD to new employer?.



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  • pappu
    10-11 12:30 PM
    The intent is to keep the issue of immigration alive till the elections so that there is a chance for any Immigration bill after elections. There are several other pressing issues faced by the nation and Immigration is just one of them. It may not be #1 priority now. The lameduck is very important if something needs to be done on Immigration. The results of Nov elections will also influence what kind of Immigration reform is possible. There is also pressure on the President to act on such national issues. Read Obama Is in the Jaws of Political Death: Can He Survive? - Yahoo! News (http://news.yahoo.com/s/time/08599202471800)




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  • singhsa3
    08-01 11:43 AM
    I am pleasantly surprised and would like to thank Sen Menendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.



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  • chaukas
    08-28 11:39 AM
    I hope this helps.




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  • stuckinmuck
    02-11 07:01 PM
    gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?

    It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.



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  • chalamurariusa
    04-28 10:02 AM
    Some one please advice!!!!!!




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  • ashkam
    09-25 11:12 AM
    Good find - shows the plight of legal immigrants.

    A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".

    On the whole it shows the reality of legal immigration and its waiting times.

    They are counting the time from when the green card process is started. Doesn't matter when you entered the US.



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  • rajbgp2002
    07-19 04:08 PM
    http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf



    Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
    The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
    In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
    The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
    o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
    o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
    This process is not available for applications closed on grounds unrelated to nonreceipt
    of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
    What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
    Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
    1.
    E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
    2.
    The subject line of the e-mail should read �Request to Reopen�.
    3.
    Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
    4.
    The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:

    Name of employer and correct current address.

    Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.

    Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).

    Name of the alien named on the application.
    The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
    o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
    o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
    o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
    What can I expect in response to my request to reopen?
    Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
    of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
    Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
    How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
    The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
    If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
    May I contact the BECs by regular mail instead of email?
    No, the request to re-open a case must come into the centers electronically.
    Who may make the request to re-open a case if we believe it was improperly closed?
    Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
    Do I have to submit my request to re-open a case within a certain time period?
    Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
    To whom will responses be sent?
    The email responses will only be sent to the employer or attorney who initiated the request.
    What do I do if I have not received a �45-day� letter by July 21, 2006?
    If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
    A. Attorney name and address
    B. Employer�s name and address
    C. Alien�s name and address
    D. Priority Date
    E. State or Regional location and/or number where case was originally filed
    OFLC will publish its policy regarding such cases under separate cover.




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  • h1techSlave
    01-08 03:05 PM
    from an old article: http://heather.cs.ucdavis.edu/H1BSummary.pdf?popup=false

    Here is an outline of my proposal:
    � To be eligible to an H-1B, the employer would be required to have not have laid off Americans
    in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
    workforce.
    � An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
    Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
    employer would have automatic permission to hire the H-1B.
    � The wage paid to an H-1B would be required to be at least the national median for all workers in the
    field, including those with all levels of experience.
    � After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
    of the H-1B who was hired.33
    � The visa would be valid for 3 years. During this time, the worker could move from employer to
    employer at will, providing that each new employer goes through the 30-day ad procedure on the
    DOL database.
    � If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
    worker would be deemed as having proved his/her value to the economy, and would automatically be
    granted permanent-resident (i.e. green card) status.
    � If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
    required to leave the country within 15 days.




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  • lostinbeta
    10-21 01:08 AM
    It is much better now :)

    Could still use some more around the center, there are a lot of large blank spaces. This is just a suggestion though.




    AB1275
    12-19 04:08 PM
    Hello friends....

    I just spoke to my lawyer....she said I could file an MTR first since its response is faster.

    In the MTR she will state that W-2 can be received only in Jan and hence we will submit the evidence in January 2009. She thinks with the W-2 being in line with prevailing wage rate, it should be an open and shut case. So technically we are filing an MTR without new evidence but mentioning that there will be new evidence.

    I counter argued that they can deny saying u should have submitted paystubs - why wait for W-2. She said yes they can said that but we did not submit paystubs and we can then appeal.

    I discussed with her that will i be given an option of Appeal if this MTR is denied. She said yes and if they dont we can go to court...They cannot deny the right to appeal an MTR. Is this true?

    Your input on this please!!!!




    NikNikon
    July 27th, 2005, 05:25 PM
    Ajp, your too hard on yourself, I think your version turned out great. Gary, how about a psd version for the nikon users, although I may be wasting my time since you've several nice results from those who have posted.



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