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  • hersheygaile
    09-10 12:13 AM
    I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them





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  • saibaba
    12-05 12:55 AM
    how wld I know abt all these codes..

    do I need to ave access to my approved labour?..

    my approved 140 doesn't have much details abt the proposed job instead it's is written as see labour for job requirements...

    so where wld I get these codes?





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  • smssharma25
    12-05 10:44 PM
    Thanks!.. My job title in labor is "Computer and Information Systems Managers" & SOC code is "11-3021.00". The offer I have is for technical lead with around 40% hike. Will technical lead be considered as "Computer and Information Systems Managers"?. Future employer is a big co & I don't think they will be ready to adjust the job profile. Can I hear from anyone who had their labor filed for solution architect or technical lead role(soc code & job description)?

    If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
    You might get some idea of job description from the documentation you filled for labor but again will not be exact...





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  • GCOP
    09-24 11:49 AM
    This was just a proposal for EB visa Recapture First and then FB Visa Recapture, as nothing is passing in the current form of the bill. I think we have discussed this proposal enough, Please Close this thread.



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  • sobers
    02-10 10:55 AM
    It is important because this article distinguishes "skilled" immigration versus "unskilled" immigration. This country needs more of the former as enounced several times by leaders of industry, academia and politics, but the latter issue is somewhat controversional because of its largely "illegal" nature in the U.S.

    Regardless, this goes to show policy makers here need to be 'smart' and enourage 'smart' people to contribute to this country, as the Europeans are starting to do now...


    EU's New Tack on Immigration

    Leaders Talk Up 'Brain Circulation' To Cure Shrinking Work Force
    By JOHN W. MILLER
    February 10, 2006; Page A8

    BRUSSELS -- Faced with a shrinking work force, Europe's leaders are looking for ways to attract talented foreigners, even as some countries on the Continent close their borders to other immigrants willing to work for lower wages.

    Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the man charged with developing common immigration policies for the European Union, range from a new EU-wide "green card" that would allow skilled workers already in the 25-nation bloc to change countries without extra paperwork, to special temporary permits for seasonal workers.


    "The U.S. and Australia have stricter rules, but they get the right people to immigrate, and once they're in, they integrate them, and give them benefits, education and citizenship" much faster than in the EU, Mr. Frattini said in an interview. Europe's work force is expected to shrink by 20 million people between now and 2030, according to the European Commission, and businesses complain regularly about a shortage of highly skilled personnel, even as unemployment rates in many EU countries remain high.

    In Mr. Frattini's vision, a North African engineer could go to work in Europe, earn good money and return regularly to his hometown to start and maintain a business. Immigration policy in Europe is still up to individual countries. To sell the idea, Mr. Frattini uses the term "brain circulation" to counter accusations of a "brain drain" -- a phrase often used to criticize rich countries for sucking the talent and stalling the development of poor regions.

    The challenge for Mr. Frattini is that in the face of pressure from unions and politicians worried about losing jobs to lower-wage newcomers, most EU national governments are jittery about welcoming more immigrants. Only three of the 15 Western European EU nations, for example, have opened their labor markets to the bloc's eight new Eastern European states.

    While some countries are likely to resist opening their labor markets until forced to do in 2011, attitudes might be changing. Last weekend French Interior Minister Nicolas Sarkozy echoed many of Mr. Frattini's ideas and proposed special immigration permits for skilled workers.

    Plans to attract more immigrants are also a tough sell in developing countries that would lose their graduates and scientists. Mr. Frattini argues that successful migrants benefit their home economies when they work in Europe, because money they send home is an important part of many poor nations' gross domestic products.

    In concrete terms, Mr. Frattini says the EU would promote brain circulation by including non-EU citizens in job databases and funding language and job-training courses in immigrants' home countries. Mr. Frattini also wants to develop work visas that will allow immigrants to return to start businesses in their home countries, without losing the right to work in Europe.

    Some economists are skeptical. It is often difficult for immigrants to return home, and if economic conditions were good enough to merit investment, they probably wouldn't have left in the first place. "People left for a reason," says Jean-Pierre Garson, an economist at the Organization for Economic Cooperation and Development.

    The International Monetary Fund says immigrants dispatched $126 billion to their home countries in 2004 -- up from $72.3 billion in 2001 -- but there aren't any official figures on how much immigrants invest in businesses in their native countries.

    So, would brain circulation work? Some immigrants say they agree in theory that investing accomplishes more than cash remittances. Anecdotal evidence suggests investments that pay off require patience, hands-on involvement, start-up capital and participation by local residents.


    "Building is better," says Eric Chinje, a World Bank official living in Virginia who until recently had returned every two years to his hometown of Santa, Cameroon, with bags stuffed with dollars. "I'd take $5,000 and distribute among 100 to 200 people," he says. Three years ago, the 50-year-old Mr. Chinje set up a microcredit bank with the condition that villagers buy shares in the bank. Hundreds did, by getting money from relatives overseas, he says.

    The bank started in April 2004 with a capital base of $50,000. So far, it has lent money to a cooperative to fund a storage facility and a truck to carry fruits and vegetables to city markets.

    For an investment to really take off and make the kind of impact sought by Mr. Frattini, immigrant entrepreneurs say they need capital and connections.

    Kemal Sahin came to Germany in 1973 from a small mountain village in central Turkey. He started the company he now runs, Sahinler Group, one of Europe's biggest textile companies. Mr. Sahin employs 11,000 people, including 9,000 at plants in Turkey, where he started moving production in 1984 to take advantage of skilled, inexpensive labor. His knowledge of Turkish, local customs and regulations allowed him to set up an efficient operation, he says. "I was familiar with how things work in Turkey, and it was easier for me than for my German colleagues to invest there."

    --Andrea Thomas in Berlin contributed to this article.

    Write to John W. Miller at john.miller@dowjones.com1





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  • JuneBut2ndJuly
    09-06 04:51 PM
    my employer messed it up. originally filed on June 14th and application returned due to wrong check included and mailed again on June 29th .



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  • vandanaverdia
    10-26 01:17 PM
    bump





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  • LONGGCQUE
    05-16 09:42 AM
    what you got from is correct. Here is info from Ron's article in which he refers FAM's and INA clause. This is a copy paste from Ron's article. Do check with your lawyer before proceeding. I am getting a Non avail of birth cert from India and then adding two affidavits from parents in my wife's case.

    +++++++++
    Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:

    �8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�


    The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:

    �In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�


    The following, also from the FAM, is typical advice regarding an unregistered marriage:

    �If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�


    Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
    +++++++++



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  • HawaldarNaik
    02-10 10:03 PM
    As they say in India 'Ganga Nahaya'....u have bathed in the Ganges.....enjoy your freedom....you are out of the cell....we wait for our turn to be set free............





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  • vinabath
    04-07 11:07 AM
    Thanks to all Guys. I stayed with my current and first employer for almost 6 years and paid my H1 dues. Now comes the freedom from immigration process. I am very happy that my wife will not be in limbo status if something happens to me.

    I hope you guys will reach your destination too.



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  • Kumbakonam
    11-09 09:11 PM
    Hello,

    My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.





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  • Ramba
    05-19 02:31 PM
    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?

    Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.

    Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.



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  • gsc999
    07-11 01:34 AM
    Lets take this offline. It will be a shame if we let this sour our success. Let the core team figure this out with USINPAC.

    We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
    This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.





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  • enthu999
    07-17 12:50 PM
    your comments are very helpful.



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  • go_guy123
    09-16 04:38 PM
    I

    So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.

    My ramblings anyways....

    You are right on target....EB2/3 reform is the only bone that CIR lobby has to get
    support for CIR. And they will hold EB2/3 reform hostage till that time.





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  • desi3933
    05-10 06:12 PM
    Does anyone know what is the official term for your legal status if you are on EAD and no longer on H-1? .......

    ....

    Thanks for you help.

    Assuming that you have I-485 application pending, the status is applicant to adjust status.

    If you have EAD due to L2 visa status, then your status is, of course, L2 status.



    _________________
    Not a legal advice.



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  • apahilaj
    09-18 06:36 PM
    WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
    Please let me know...

    Reading on this forum, it doesn't seem so.





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  • punjabi77
    08-18 11:27 AM
    does anyone know to whom should i report the issues i have with my previous employer?
    it is regarding the salary and unpaid dues..





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  • raysaikat
    07-25 10:34 AM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

    Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

    Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).



    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

    That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.



    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

    She cannot work while she is in H-4. There is no such thing as "2-month gap"!



    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh

    No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.





    mk26
    06-01 07:18 AM
    Not sure now, but back in 2007-2008 they did file EB2, I have 2 friends on eb2 waiting to get their GC. one is already left Oracle after 180 days of I-485 filing and another is still working.

    Not to scare you just for your info which I heard in rare case if oracle lays off they don't care which stage of your GC process is in.





    arnet
    09-20 11:54 PM
    now they are saying it as "Priority Appointment" and the link is available when you create the application. so get HDFC receipt which is valid for 1yr and create an application, fill DS-156/157, add your dependents if any and then you will see a page which has link "priority appointment".

    so now you can see this only after creating the application, vfs changed it. you can email vfs site for details.

    Disclaimer: I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing constantly.

    Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..