Googler
02-20 07:28 PM
As per this post http://immigrationvoice.org/forum/showthread.php?t=17450
EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.
If that is the case, we can all think of a few reasons why that might be.
I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.
EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.
If that is the case, we can all think of a few reasons why that might be.
I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.
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sertasheep
09-01 03:20 PM
At this rate, we will need to have 2 more thread/post categories- Humor and Rumors(one for those who speculate the outcome of visa bulletins, etc.,) :) :)
Relax, and have a good Labor Day weekend
Relax, and have a good Labor Day weekend
OLDMONK
07-06 11:47 AM
Another 10-20 Questions like these would definitely get the ball rolling @ washington post hopefully.
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ragz4u
04-11 02:09 PM
Bumping this thread. Only a handful have sent an email to us. Other folks, please consider volunteering
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arindamb
03-25 08:44 PM
I feel "related" might be the key word that can cause discomfort for a lot of people. How does one determine that ones job is related to his/her degree ? This might finally be left upto the discretion of the USCIS.
One might have studied electrical engineering and then get in a job writing embedded systems software. Will that be a related job ?
One might have an MS in Biological sciences but might be writing software for genetics. Is that a related job ? The list can go on.
How far can one digress from ones degree major to still be considered related.
I presume we might see a lot of confusion regarding STEM if the whole thing is made into a law.
One might have studied electrical engineering and then get in a job writing embedded systems software. Will that be a related job ?
One might have an MS in Biological sciences but might be writing software for genetics. Is that a related job ? The list can go on.
How far can one digress from ones degree major to still be considered related.
I presume we might see a lot of confusion regarding STEM if the whole thing is made into a law.
venky08
12-20 11:51 AM
the way i did it is i applied over internet using online AR-11 form. I did not apply by mail. Then, the next day, I called my lawyer's office and told them to contact USCIS to make them aware that my address has been changed on the petitions that are under consideration. For the people who use the online change of address path, i think everybody should know that there is more to it than just hitting submit button to AR-11. It then takes you further to ask whether do you have any pending petitions with USCIS. then you are supposed to say yes (if you do) and then it will take you to a screen where you provide your case numbers etc. however I couldnt get to that step due to some glitch so i decided to call my lawyer's office to have them finish that step. They simply called and informed USCIS of the address change.
hope this helps.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
hope this helps.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
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gonecrazyonh4
03-20 01:06 PM
Does Talent Bill provision for work authorisation for H1B Spouses mean H4's will be allowed to work?
http://immigrationpage.com/recentnews.php
Read below
The TALENT Bill For Employment - Based - Immigration
The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:
* exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
* create a market-based H-1B cap beginning with a base level of 115,000
* revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas
Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package
http://immigrationpage.com/recentnews.php
Read below
The TALENT Bill For Employment - Based - Immigration
The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:
* exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
* create a market-based H-1B cap beginning with a base level of 115,000
* revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas
Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package
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Eternal_Hope
04-22 03:55 PM
This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
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lifestrikes
06-03 05:18 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
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retropain
09-07 03:48 PM
I guess a lot of folks (including me) have not had the opportunity to file for the 485. And most of the folks who did file 485's have already been approved.
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Templarian
08-20 01:08 PM
I'll try it when I get off work in 3.5 hours and see how it goes.
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rockstart
06-03 03:28 PM
I changed address twice since filing my I 485. Both times I e-filed the AR 11 form for myself and my spouse. Also added the I 485 case numbers to it. Both times I received a receipt from USCIS. Also I saw a soft LUD on my application. I did not call any one in USCIS to verify but I have sent copies of the receipt to my lawyer for his records.
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hoolahoous
07-14 09:30 PM
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
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bobyal
05-07 03:56 PM
Hi,
It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
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sledge_hammer
06-25 11:07 AM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
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solaris27
12-07 08:53 AM
you can get 3 years extesion
change this lawer , he do't kow aything or trying to save company money .
change this lawer , he do't kow aything or trying to save company money .
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sledge_hammer
02-26 02:19 PM
chitra and prashanti1j,
Both of you have joined this forum very recently. So exercise some patience!
PHANI_TAVVALA's question might have offended you but I agree with the essense of his posting. What do you both think "Cancelled without prejudice" means? Isn't it obvious to anyone that the visa has been cancelled?
prashanti1j, you are very new to this forum, relax, PHANI_TAVVALA has been with IV for 2 years already!
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
There is no question like a dumb question. You definitely are dumb for questioning her.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
Both of you have joined this forum very recently. So exercise some patience!
PHANI_TAVVALA's question might have offended you but I agree with the essense of his posting. What do you both think "Cancelled without prejudice" means? Isn't it obvious to anyone that the visa has been cancelled?
prashanti1j, you are very new to this forum, relax, PHANI_TAVVALA has been with IV for 2 years already!
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
There is no question like a dumb question. You definitely are dumb for questioning her.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
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andycool
04-21 02:59 PM
Sad story indeed.
But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.
So what are you guys contributing to then?
They are accepting Funds Now ....
Thanks
But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.
So what are you guys contributing to then?
They are accepting Funds Now ....
Thanks
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txh1b
08-18 01:27 PM
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.
jonty_11
07-05 04:44 PM
Good Catch Jonty, and the guy has the audacity to claim that his(is it really his, or store bought) priority date is 2004. For the sake of thousands who are not scamming the system, I sure hope this guy had sent a single check for 140 and 485 together.
Man....I dont mean to be rude...but these are times of trial and frustration....
Man....I dont mean to be rude...but these are times of trial and frustration....
americandesi
03-13 04:32 PM
Here�s how it works. Suppose there are 78 pending GC applications each with a proffered wage of 80K/annum, then the employer should prove at least one of the following to prove �Ability to Pay� for all the applications to go through.
1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
(or)
4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)
Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.
In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.
Refer http://immigrationvoice.org/forum/showthread.php?t=15993
1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
(or)
4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)
Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.
In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.
Refer http://immigrationvoice.org/forum/showthread.php?t=15993
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