Rb_newsletter
04-16 02:19 PM
I would like to see this kind of report in front page of WSJ and NY times.
I like the below points from the report.
- There is no evidence that during the long periods of time when no foreign
nationals could receive new H-1B petitions the job market improved for U.S. workers or professionals.
- The March 2009 findings from Duke University and University of California, Berkeley researchers send a signal that America cannot take it for granted that outstanding international students, researchers and professionals from around the world will always want to stay and work in the United States.
- The relaxation of green card constraints proposed in the Comprehensive Immigration Reform Act of 2006 could have increased labor earnings and GDP by approximately $34 billion in the tenth year following enactment and had a net positive effect on the budget of $34 to $47 billion over ten years.
- Relaxation of H-1B caps under the Comprehensive Immigration Reform Act of 2007 could have increased labor earnings and GDP by $60 billion in the tenth year following enactment and improved the federal budget�s bottom line by $64 to $86 billion over ten years.�
- �Over the past 15 years, immigrants have started 25 percent of U.S. public companies that were venture-backed, a high percentage of the most innovative companies in America . . . The largest U.S. venture-backed public companies started by immigrants include Intel, Solectron, Sanmina-SCI, Sun Microsystems, eBay, Yahoo!, and Google.
- we estimate that all companies founded by immigrants from 1995 to 2005 produced $52 billion in sales and employed 450,000 workers in 2005,�
-
I like the below points from the report.
- There is no evidence that during the long periods of time when no foreign
nationals could receive new H-1B petitions the job market improved for U.S. workers or professionals.
- The March 2009 findings from Duke University and University of California, Berkeley researchers send a signal that America cannot take it for granted that outstanding international students, researchers and professionals from around the world will always want to stay and work in the United States.
- The relaxation of green card constraints proposed in the Comprehensive Immigration Reform Act of 2006 could have increased labor earnings and GDP by approximately $34 billion in the tenth year following enactment and had a net positive effect on the budget of $34 to $47 billion over ten years.
- Relaxation of H-1B caps under the Comprehensive Immigration Reform Act of 2007 could have increased labor earnings and GDP by $60 billion in the tenth year following enactment and improved the federal budget�s bottom line by $64 to $86 billion over ten years.�
- �Over the past 15 years, immigrants have started 25 percent of U.S. public companies that were venture-backed, a high percentage of the most innovative companies in America . . . The largest U.S. venture-backed public companies started by immigrants include Intel, Solectron, Sanmina-SCI, Sun Microsystems, eBay, Yahoo!, and Google.
- we estimate that all companies founded by immigrants from 1995 to 2005 produced $52 billion in sales and employed 450,000 workers in 2005,�
-
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sts_seeker
06-14 05:35 PM
Hi All,
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
Blog Feeds
12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
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PHANI_TAVVALA
12-15 07:31 AM
You should be good if the University (UNVA?) is currently unaccredited and has a future chance of accreditation. USCIS might be more lenient for a SEVIS registered school and approved to operate in the state by the respective state education board. Consult an attorney for legal advise.
more...
uma001
04-15 09:15 AM
Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
thomachan72
05-21 01:33 PM
Hello All,
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
more...
needhelp!
10-12 04:31 PM
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raysaikat
03-01 03:08 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
more...
ivjobs
10-28 06:31 PM
Why is beautiful_mind in all reds?
Are you pinching beautiful_mind reminding him about the reds. I think he isn't concerned but you appear to be more concerned for his reds.
Are you pinching beautiful_mind reminding him about the reds. I think he isn't concerned but you appear to be more concerned for his reds.
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ramreddy
08-18 12:06 PM
Hi
I was not so so keen until this matter was resolved..BUT my GC got approved.
I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
If I divorce and re-marry how do I get my new wife here.
In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
Thanks for ur help
RR
I was not so so keen until this matter was resolved..BUT my GC got approved.
I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
If I divorce and re-marry how do I get my new wife here.
In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
Thanks for ur help
RR
more...
snathan
05-19 07:10 PM
Thanks for quick reply.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
1. If he is in H1B and not getting salary its out of status.
2. As long as there is no investigation or in the GC process or next time stamping - if there is no RFE or the IO is not asking for the pay stub, W2 he is fine.
3. If they ask pay stub or tax statement while stamping or gc process he will be in trouble
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
1. If he is in H1B and not getting salary its out of status.
2. As long as there is no investigation or in the GC process or next time stamping - if there is no RFE or the IO is not asking for the pay stub, W2 he is fine.
3. If they ask pay stub or tax statement while stamping or gc process he will be in trouble
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immidude
06-08 04:36 PM
I am July filer got 485 RFE
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
more...
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glamzon
07-23 08:54 PM
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krishmunn
07-14 03:16 PM
It used to be required only for Mumbai Consulate. But I think Hyderabad has also started. Please check
more...
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ns521
01-09 03:41 PM
Receipting update is just a reference.
My applications reached NSC 6 months ago on July 9th.
I have no receipts and checks were not cashed.
As per IO's my name is not in the system.
Check this thread (http://immigrationvoice.org/forum/showthread.php?t=14402).
Good luck!
Did you contact them?What did they say?Did you receive any EAD or AP because some people receive those even before getting receipt numbers???
My applications reached NSC 6 months ago on July 9th.
I have no receipts and checks were not cashed.
As per IO's my name is not in the system.
Check this thread (http://immigrationvoice.org/forum/showthread.php?t=14402).
Good luck!
Did you contact them?What did they say?Did you receive any EAD or AP because some people receive those even before getting receipt numbers???
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kodey7
12-10 12:00 PM
Thanks beuhler.
Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
http://newdelhi.usembassy.gov/nivconsdist.html
So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.
In your case, was it an emergency appointment or a regular one ?
Thanks.
Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
http://newdelhi.usembassy.gov/nivconsdist.html
So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.
In your case, was it an emergency appointment or a regular one ?
Thanks.
more...
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Hermione
10-04 02:47 PM
My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.
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grupak
03-28 05:34 PM
Just reply on a separate piece of paper explaining the relevant details, as asked. Thats what we did. Can't remember details now but things like "I-485 was applied in so and so month as a dependent in so and so month." Some information about the primary, relation to primary and such. You can add the A number (we didn't have it at that time).
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ArkBird
10-16 01:20 PM
Unless you serve in Armed Forces
h1bjava
03-14 12:26 PM
Gurus Please take a moment to answer my previous question. Thank you.
sac-r-ten
03-22 12:10 PM
total time in labor with news paper advt and all buffer is 6-8 months. I140 take another 2 weeks in premium processing. so in all 9months approx. that should give further extension on H1b.
Also even if previous I140 is revoked, you can have your PD attached to this new labor during I140 application.
good luck.
Also even if previous I140 is revoked, you can have your PD attached to this new labor during I140 application.
good luck.
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