الجمعة، 24 يونيو 2011

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  • s416504
    08-29 03:56 PM
    Bump^^^1

    No Receipting Update as on 29th Aug 89 76.72%
    Receipted on/before 29th Aug From NSC (LIN) 17 14.66%
    Receipted after 29th Aug From NSC (LIN) 1 0.86%
    Receipted on/before 29th Aug From TX (SRC) 6 5.17%
    Receipted after 29th Aug From Texas (SRC) 1 0.86%
    Receipted on/before 29th Aug From VT/CA 2 1.72%
    Receipted on/before 29th Aug From VT/CA 0 0%

    Voters: 116. You have already voted on this poll




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  • Jelena
    07-14 07:16 AM
    Regardless of the nature of the outcome from USCIS, I think we should all take 5-10 minutes out of our busy lives and all the "predicting" and dash off a quick note of thanks to Congresswoman Lofgren

    Couldn't agree more. I will be sending her a personal Thank You card today. Flowers might not be quite appropriate, especially so shortly after the recent "flower campaign". :)




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  • waitnwatch
    05-25 07:40 PM
    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.




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  • sunny1000
    01-01 06:16 PM
    Dear fellow IV'ians,

    I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.

    I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!

    It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.

    I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
    {PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}

    And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.

    congrats! Wish you and all IVans a very Happy 2009!



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  • acepb
    04-23 11:31 PM
    ...on getting your most-awaited award...patience is finally paying off...




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  • Macaca
    04-22 09:07 AM
    Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle

    After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.

    All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.

    The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.

    Deductions are considered by the Department of Labor (DOL) to be authorized if:

    The deduction is reported as such on the employer’s payroll records,
    The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
    The deduction is for a matter that is principally for the benefit of the employee,
    The deduction is not a recoupment of the employer’s business expenses,
    The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
    The amount deducted is not more than 25% of the employee’s disposable earning.

    An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.

    Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.

    The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.

    It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12

    Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.



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  • dvb123
    02-10 05:02 PM
    The two categories EB4 and EB5 are disappearing. Both together are around 14% which are 21,000 (7%+7% of 140,000) visa numbers. EB2 will come to 2007 JAN atleast when this 21,000 and last quarter visa numbers EB4 + EB5 ---> EB1 ----> EB2 spillover happens. I think that IV should contact USCIS because these numbers would disappear before march and would not get rolled over to EB3 and EB2.

    http://travel.state.gov/visa/frvi/bu...etin_4428.html
    D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.




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  • jonty_11
    08-03 05:57 PM
    Yes you can apply today , per Aug bulletin it's all "U" , forgot about that !!!!
    it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..



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  • MatsP
    January 28th, 2008, 05:06 PM
    I don't know how to explain this in any sensible way without sounding like a nitpicking pedand (but I can't just "not say it"), but my point about the "DOF is always the same for the same framing", was particularly to point out that wide-angle lenses are good for close-to-subject-and-crop, but it does NOT magically give you different focusing or DOF behaviour - it's still the same for the same framing of the subject.

    Depending on the layout of the house, using a longer focal range can actually help - there is less rotation of the camera, and that means less change in distance to the subject, meaning that it's easier to get the focus - but that assumes large open areas in the house, which doesn't work well in some situations (my house has no place where you can see much more than about 15 feet in a straight line). It has an added advantage of "you stand further away, so you don't disturb the children quite so much".

    --
    Mats




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  • bikram_das_in
    06-18 02:30 PM
    I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.



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  • gparr
    March 3rd, 2004, 08:25 PM
    Show off!! I'm happy if I can get unsharp mask to improve my images without leaving a bunch of artifacts. I need a good book about Photoshop that's written for photographers.
    Gary




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  • spec1968
    10-26 02:41 PM
    If i change my status from H1 to F1 until approval of 140 and change status from F1 to H1 will affect my green card process? I heard that once 140 is approved one will get 3 years extension irrespective of status ( i mean on F1 or out of country) . Please clarify



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  • wandmaker
    03-14 06:11 AM
    Friends,
    Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:

    Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
    We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
    Please mail any of your queries to our customer support team at

    Also the remittance options menu has disappeared.

    SBI is working to complete statutory formalities, it will take about 10 to 12 weeks to enable "Express Remit" option. You may have to use alternate options until this gets enabled. Hope this helps!




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  • pbojja
    06-02 09:20 PM
    pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
    Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?

    Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?

    Man I was just kidding with Happy scenario , we wish things work our way with CIS , I clearly mentioned unhappy scenario is the reality



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  • piyushmittal
    05-04 06:46 PM
    Did anybody had expierence that they missed a appointment for any reason. What to do next? Go to center and request for reschedule or call national service center?




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  • satishku_2000
    09-05 05:09 PM
    You are OK, the backlog is for Indians, Chinese, Filipinos and Mexicans

    You can expect to get your green card in less than a year. Good for you!

    What is amazing for example, is China! China-mainland can expect between 5-10 year wait times for a green card while China-Taiwan, China-Hong Kong and China-Macau can expect their green cards in less than one year, just like Egypt, and everyone else!

    Assuming that he is not struck in the name check which is very likely if one has a very common first name or last name



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  • rsrikant
    07-20 03:26 PM
    my 140 also is e filed and i received receipt no. in email.

    waiting for the hard copy of receipt notice..

    any idea how long it takes to get receipt notice if it is efiled...




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  • rbalaji5
    11-17 10:46 AM
    Hi -

    If we go to mexico by road, do they take my i-94 at the U.S border and issue a new i-94 while coming back?.

    I knew lot of IV members went to mexica for H1 stamping.. Please advise.

    Thanks.




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  • prioritydate
    08-13 01:03 AM
    Well, are we all not trying to be Americans? So what�s wrong with cheering for the guy who makes this nation proud? If we were ALL trying to permanently migrate to India, in that case you will not see any opposition to Bhindra's achievement. I personally think that there is no need to make issue out of "this" or "that" on the forum for everything going on in the world. Both these gentleman and others who did well are remarkably disciplined human beings and we ought to celebrate their perfection, maybe by trying to be closer to perfection showing a little more appreciation for each other.

    Although I must quote a reporter on the news recently who said "When we wave Americans flags, we want to be called/seen as patriots and when others wave their flags, we call them nationalist". I found this comment very interesting.

    The point is, no matter what, we will find our differences superseding anything and everything in front of us under any given situation. That�s just Great�. maybe that�s part of being human �. do we expect ourselves to behave/react better than this�. Maybe we just want others to behave better than "this".

    There is nothing wrong, I was just showing the "fairness", Mr Would be "American".




    Shujaat
    05-15 07:19 AM
    I had my diploma in Mechanical engineering (3 - Years) and B.E. in mechanical engineering. My job requirements were Bachelor's Degree plus five years experience. I don�t remember evaluations agency name now but I will get that for you tomorrow.

    Yeah, plz




    Kushal
    04-24 02:18 PM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    :)

    Congrats..



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