Wednesday, June 29, 2011

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  • h1techSlave
    07-21 08:14 AM
    I am quoting the below lines from another post..

    "With 11.25 K EB3 members we would have still collected quarter million bucks."

    I think the above statement is correct. There are 1000s of EB3 I folks in IV and they could have very well contributed a quarter or even a million bucks. My question is, what will happen after that?




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  • desi3933
    01-30 05:23 PM
    You being US citizen or president of USA does not mean much to us! I have requested you to show me "so called 30 day rule" on any of the official web site (For example USCIS). I have asked you this several times. Every time You just direct us to some lawyer's web site/university web site and expect us to believe them.

    Show me the information on official web site and I will shut up.

    Since you asked -

    Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
    Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)

    (ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • shyamkishore
    11-17 09:43 PM
    Just sent the email ...




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  • gcnm04
    10-03 01:23 PM
    Originally Posted by Rohan99
    If you are still waiting then please add your name

    Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,

    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1

    July 5th
    ------------------------------------
    chalamcharla

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 13, at 11.11 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    gcnm04

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc


    Please see signature for more details.Thx-- fetch_gc



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  • gc28262
    06-28 11:35 AM
    desi,

    All the points you mentioned are valid and sensible from a business perspective.

    However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?




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  • Deepika
    07-04 03:46 PM
    My application was delivered on Jul 2, 12:15 PM to Nebraska and signed by Robert Picture .



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  • arumalla
    07-08 04:45 PM
    can some one send me the updated notice page link, so I can post some threads and start linking to that page in all the tech and news forums I know of... so that we can get more awareness of this issue....

    Thanks
    Chandra Arumalla




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  • reachthepalace
    09-13 11:40 AM
    Received note from my lawyers today on I-140/I-485 receipt at NSC

    PD: June 2007
    Labor:EB2
    140/485 filed: July 27, 2007
    Received at NSC: July 30, 2007 (Don't know who signed etc.)
    Recept dated: Sept 6, 2007
    -D
    Not attending DC rally due to personal reasons.



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  • yetanotherguyinline
    11-17 05:55 PM
    Done, good luck.




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  • coolpal
    08-01 02:32 PM
    my 485 app was delivered to NSC on 2nd @ 8.26am..
    my 140 was approved from TSC.... and no reciept or encashed checks yet!

    But are we sure, all our applications will be transferred to TSC? I've heard that the new rule that the apps should be sent to TSC or NSC based on state u live in is gonna take effect only from this week....

    thanks,
    pal :)



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  • stucklabor
    06-20 10:30 AM
    logiclife,
    Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?

    Appreciate your feedback.

    Answering for Logiclife, whose time zone is a couple hours behind.

    CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.

    The bottom line is, if nothing happens by the end of July, CIR will likely be dead.

    We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.




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  • gk_2000
    07-21 12:00 AM
    "Mind my language", clearly this must be a case of lost in translation. I am not entitled more or less, IV can close shop today, I did not come to the USA because there was EB1/2/3 or IV fighting my battles, enjoy your journey. Stop whining, there are millions of Americans suffering, don't tell me just because you know java you are better than them.
    We human beings have established a certain world order
    Why is tougher to get through EB1?
    Why does your boss make more money than you?
    Why does a certified plumber cost more?
    Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
    Why Katrina Kaif is sought after not Nandita Das?
    Why does a person with a 770 credit score get lower interest?

    Why why why?

    Oh BTW, if your toilet broke down, do not panic, shut your door tight get some air freshner, and then you could consider the pretty girl.
    And if my toilet broke down, I will hire a plumber for an hour to fix it, I will not let the plumber move into a room in my house.
    What are you expecting? You want IV to get you salvation?

    Look, there is no compulsion, you don't like the system, it ain't going to upset anybody if you take the steamer to Bombay tonight.

    Once again, "What you say displays a complete lack of understanding about the system"

    THINK and speak.



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  • looivy
    07-20 10:56 AM
    IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing. If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums.

    Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.

    Fixing the language so that folks do not take it personally.




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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]



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  • gc28262
    06-26 08:44 AM
    Law clearly states employer cannot discriminate based on immigration status.
    Walking dude has a point. I think we should take this up. We shouldn't be calling the employer and notifying them. We should notify the ad to appropriate authorities.




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  • mike_2000_la
    06-12 11:30 AM
    id(RD)
    -----------------------
    vk373
    reddymjm
    cr52401
    Lucky7

    any new receipts please add to this list...



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  • desi3933
    07-10 10:50 AM
    that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.

    I don't recall asking you to read anything. This is a public forum. You decide what to read. You are free to ignore my posts. ;)

    By the way, it seems that you missed a part on Page 5 of the document. See my previous post if you are interested in what you missed.

    .




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  • HumHongeKamiyab
    12-16 05:42 PM
    One more AC21 question -

    Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?

    Thanks,




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  • eager_immi
    12-12 03:16 PM
    Does anyone know what bill was AC21 attached to in Clinton's Administartion. That will give us some clue what bills we can tag to. I know the world is really very different after 9/11 but this is something we should look into to see what worked before might work again.




    senthil1
    12-10 09:55 AM
    Most of the persons pd may become current before skill comes. That may keep those persons to smile




    amitjoey
    07-09 08:04 PM
    Ok, Those who have not sent flowers, consider sending them. And everybody please take 10 minutes and email the news out to reporters, friends, and family. It has a ripple effect. Also talk about it to your coworkers. Text, orkut, or call your friends.



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