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  • ca_gc
    04-26 12:38 AM
    Paid $100 thro' paypal.

    Receipt ID: 63R34602DA073235X




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  • bluekayal
    03-17 10:54 AM
    SEC. 405. STUDENT VISAS.

    (a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--

    (1) in clause (i)--

    (A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--

    `(I)';

    (B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';

    (C) by striking the comma at the end and inserting the following: `; or

    `(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';

    (2) in clause (ii)--

    (A) by inserting `or (iv)' after `clause (i)'; and

    (B) by striking `, and' and inserting a semicolon;

    (3) in clause (iii), by adding `and' at the end; and

    (4) by adding at the end the following:

    `(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.

    (b) Admission of Nonimmigrants- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `subparagraph (L) or (V)' and inserting `subparagraph (F)(iv), (L), or (V)'.

    (c) Requirements for F-4 Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--

    (1) by inserting before paragraph (1) the following:

    `(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; and

    (2) by adding at the end the following:

    `(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--

    `(A) during the intended period of study in a graduate program described in such section;

    `(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and

    `(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.'.

    (d) Off Campus Work Authorization for Foreign Students-

    (1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--

    (A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;

    (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--

    (i) has spent at least 21 days recruiting United States citizens to fill the position; and

    (ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--

    (I) the actual wage level for the occupation at the place of employment; or

    (II) the prevailing wage level for the occupation in the area of employment; and

    (C) the alien will not be employed more than--

    (i) 20 hours per week during the academic term; or

    (ii) 40 hours per week during vacation periods and between academic terms.

    (2) DISQUALIFICATION- If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).

    (e) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:

    `(a) Authorization-

    `(1) IN GENERAL- The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

    `(A) the alien makes an application for such adjustment;

    `(B) the alien is eligible to receive an immigrant visa;

    `(C) the alien is admissible to the United States for permanent residence; and

    `(D) an immigrant visa is immediately available to the alien at the time the application is filed.

    `(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--

    `(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;

    `(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;

    `(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

    `(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.

    `(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.

    (f) Use of Fees-

    (1) JOB TRAINING; SCHOLARSHIPS- Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting `and 80 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.

    (2) FRAUD PREVENTION AND DETECTION- Section 286(v)(1) (8 U.S.C.

    1356(v)(1)) is amended by inserting `and 20 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.




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  • lonedesi
    06-13 11:51 AM
    A friend of mine transferred his H1b from company A to company B. He applied for the H1b transfer and then started working on company B. His H1b from company A expired while his petition was pending with USCIS. He received an RFE after 3 months. Company B responded to RFE but received one more RFE for the previously responded RFE. Now my friend fears that his H1b transfer petition may be denied. Would it be possible for my friend to return to company A and apply for H1b under premium processing even though his H1b with this company expired couple of months back? He has been working all this while on the basis that his petition is still pending with USCIS. Any suggestions or advise would be much appreciated.




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  • va_labor2002
    07-05 01:20 PM
    When Skill bill will be scheduled to debate / discuss in house as well as in Senate? Any idea please.

    1) When are we sending FAX to congressmen ? Is there a plan of action from the Core Team members regarding this SKIL BILL ?

    2) When the debate starts in congress ? How can we find out the dates?

    Any comments ?



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  • GreenCord
    07-20 05:28 AM
    :rolleyes: Hi frens,

    My employer filed I-140 on July 12th and at Nebraska Service Center which must have been deleivered by now. And my employer persist that they cannot file I-485 until I get receipt notice. I even came to know on another thread even without receipt notice I-485 can be filed with an application as a cover letter.
    So can I do that myself without the help of the employer or I have to wait for the receipt notice.

    Is there any way we can get the info by USCIS by calling them or by taking InfoPass Appointment and asking them..

    Please advise. Thanks in advance.
    Q-7 (07/19/2007): Since I could not file I-485 in July, I filed a stand-alone I-140 petition last week. I have yet to receive the Receipt Notice. What do I have to do?

    A-7: Believe it or not, this is one of the most common questions I have received in the email. Without I-140 Receipt Notice and case number, there is absolutely no way you can file a stand-alone I-485 application. Assuming that you filed earlier and at least you found the receipt number through the cancelled check, it is still risky to file a stand-alone I-485 under the given circumstances. You can ask the USCIS "interfile to XXXXXX" without a copy of the pending I-140 receipt notice, but it is still not recommended. The option may be filing a new concurrent I-140/I-485. But predicament is lack of "original" labor certification. Service Centers have been denying such I-140 petition in a number of cases for lack of original labor certification application. The AILA may attempt to find an answer for this situation, but under the circumstances, you may not have any option other trying filing with the best evidence of I-140 petition filing proof including a copy of the cancelled filing check from the bank, federal or ups overnight delivery tracking record, complete copy of I-140 petition and supporting documentation, and I-485 application and documentation. It is better trying than doing nothing at this point. Or you can wait until first or second week to see whether you will receive the receipt notice of I-140 petition and file I-485 applicatiopn with this receipt notice. Inasmuch as you were eligible in July under the July VB, the extended period of I-485 application may work.




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  • smitin_2000
    05-21 12:46 AM
    just sent to CA senators and Congressman.



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  • rahulpaper
    08-22 04:37 PM
    Background: I am on 7th year of H1B (7-10 year extension based on approved 140). My H1stamping is valid till 2010. Applied 485 on Aug 1st 2007. Did not apply for EAD/AP.
    Loosing job in my company is becoming realistic scenario in near future(no predictions yet) so...

    Scenario 1: If in next few weeks (before 180days or AC21) I have to change Jobs, Can my new employer just transfer H1B (since H1B was extended on approved 140 Hence the confusion) or do they have to go through PERM + 140 and then do H1B transfer ? What happens if my employer revoke 140 (based on which i had the H1 extension) Do I loose ability to transfer H1B?

    Scenario 2: If after 180 days (from aug 1st) I have to change job (using AC21) ..can my H1 be transferred to another employer without having a labor / 140 or will the new employer have to go through PERM + 140 to transfer H1?

    I understand EAD is an option so I will apply for EAD but looking at number of applications it may be months before I get EAD card.

    Thanks in advance




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  • pappu
    02-12 12:47 PM
    we are holding off on webfaxes at this time. We will use this when we need them and will be effective. At this time we urge members to take appointments with their lawmaker offices and go and meet them. These meetings are very important for our success. Thus get active in your state chapters. Organize it if it not organized. If you cannot do it for some reason, then take appointments on your own and go and meet them. While we are making efforts on the hill, it is important to have grassroots level efforts going on across the country



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  • andy garcia
    09-25 02:36 PM
    Most countries do not have 9,800 EB applicants every year - in fact, most countries use well under 1,000.

    The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.

    From the last report of FLC.

    80,029 cases certified between Oct. 1, 2005, and Sep. 30, 2006.
    55 % were issued for workers from just the five countries of India, China, South Korea, Philippines, and Mexico.

    _-Country ____ Cases ______%
    Of Origin ____ Certified
    India _______ 22.645_____ 28.3
    China________ 7,434______ 9.3
    S. Korea______ 5,330______ 6.7
    Philippines_____4,601______ 5.7
    Mexico________4,388______ 5.5
    Total _______ 44,398 ______ 55




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  • pappu
    06-26 11:05 AM
    CORE Please guide us and let us know if we need to talk to call senetors or send faxes etc..
    see the homepage. we posted an action item. please start asap and post this message on other threads also so that everyone can start calling.



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  • prince_charming
    09-15 07:22 PM
    Buddy, if I were you, the first thing I would do is get a good and experienced lawyer on my side and have the lawyer look into these issues. You need a lawyer who has experience in handling such issues.

    If you are not using your old lawyer anymore, you should immediately have your current/new lawyer file new G-28 so that you won't have to keep asking your old lawyer for anything. I did change my lawyer once and my second lawyer was able to get everything from my first lawyer.

    MTR is no joke and it's worth spending some money on a good lawyer when it comes down to a denial of your AOS application. Good luck to you.

    My friend, you have not seen the complete posting. I mentioned around 15 times that my lawyer has filed G-28 and AC21 together in May this year.

    My lawyer is one of the best in southern California and i am with him since joining new company. He is going to check with TSC for G-28 and if they didn't updated one then i will have no choice but to ask old lawyer to forward the notice to me.




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  • fearonlygod
    09-28 04:10 PM
    Hi All,

    Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

    My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

    meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

    I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

    I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

    In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

    If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

    Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

    Please help...any help will be highly appreciated.



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  • a_yaja
    07-05 08:04 AM
    I am planning on sending my spouse's application and my application on July 27th so that it reaches USCIS on July 30th. Anyone else planning to wait till the last minute to send the application even though they know that it will probably be rejected?




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  • kshitijnt
    04-26 08:28 PM
    You get us to $2536

    awesome!



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  • saranus
    01-30 03:05 PM
    Hi
    I am currently in US. I Have withCompany A for almost 2 years, I plan to do H1 transfer to Company B, Here I understand, I need to give last two months pay statements (ie., pay statement with Company A).
    I can join in Company B at any time once H1 Transfer done.

    At the same time, My Company A is planning to do H1 transfer to its sister concern Company C.


    Scenario A)
    Assume I transferred my H1b to Company B my own (using Company A's two month pay statement), then after 10 days
    my present Company A transferred my H1b to Company C,
    Ie., I gets pay statements from Company C.

    Queries #1)
    Can I join with Company B ?
    Should I need to produce Company C's pay statement if I decided to join with Company B ?
    Should I need to do another H1 Transfer to Company B ?
    becz, I did H1 transfer to Company B before I join to Company C.


    Scenario B).
    Assume
    I didnot transfer my H1b to company B,
    My present Company A transferred my H1b to Company C,

    Queries #1)
    Can I do H1 Transfer after I join in Company C (with in 1 or 2 months) ?

    Could you please advise. Thank you.




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  • manderson
    06-14 09:54 AM
    some of you asked about repercussions of this sudden forward movement. i am not a lawyer or anything but I think the processing time for employment based 485 in Nebraska Center will move back from Aug 13, 2006 (
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    ).

    I dunno... may be by a year I guess (again total speculation - I am not a lawyer or an USCIS expert).

    also according to (http://www..com/usa-immigration-trackers/i485-graph) current processing times by recent approval dates seem to be between 250 to 350 days range (disclaimer: there are other ways to analyze this).



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  • gapala
    03-20 10:08 PM
    Do not give misleading information. When you do the transfer the original visa is not cancelled. In fact you can have more than one H1B at the same time and work for them. For example two part time jobs for different employers. But the only catch you should always work only for the sponsoring company. If you decide not to join them at all, you can do so. But you have to maintain the status thru your current employement or another employer.

    For more information on this check the murthy.com

    Dude, I have to tell you the same, do not give misleading information. you need to have a full time position for H1B. there is a minimum number of hours per week that you specify on your Labor condition. 2 part time doesn't cut it. As I have mentioned before, you may have multiple sponsors but one of the sponsors should be primary and you work full time with him or the minimum number of hours per week as per LC. other one could be part time. But there needs to be 2 seperate independent I-129's filed by both employers for you to do this.




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  • nb_des
    07-19 05:08 PM
    rpatel,

    I don't think it is about being optmistic or pessimistic. It is about doing best with your life. One can do better than wait for 5 or 10 years on top of what we have already done for the green card in the same position with very little salary raise.
    It is not only about salary raise. In 5 or 10 years with the right attitude one could really grow into senior management psotion. Will the green card be worth it after 10 years you are still stuck in same programmer level job doing the same stuff all over again

    I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)

    May be you might also want to change your handle...GCby3000 doesn't sound that optimistic




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  • delhiguy79
    07-27 01:23 PM
    I thought A# is in I-140 approval notice.
    It will still take many months for uscis to process our I-140 application.

    I recieved my I-140 receipt notice finally from Nebraska Service Center, it does not have the A#, may be due to the fact that I belong to EB3 category.

    As one of my friend who is in EB2 category has an A# on his receipt notice which he got yesterday from Texas Service Center.




    shukla77
    02-29 10:07 PM
    I sent my letters today....




    Kushal
    06-13 08:30 PM
    for your contribution:)
    ..as always... :)



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