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  • GreenCard4US
    03-20 04:57 PM
    http://www.hindu.com/thehindu/holnus/000200903210312.htm
    Saturday, March 21, 2009

    Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.

    The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.

    These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.

    "Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.

    All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.

    "USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.

    This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.

    Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.

    USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.

    While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.

    At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.

    USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.

    The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.





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  • dealsnet
    07-28 11:09 PM
    I have got LUD on my AP (approved last year) on 7/27/08 (sunday).
    My GC approved on 7/7/08.
    I don't know any significance about this LUD'S





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  • GCBy3000
    04-10 03:58 PM
    I am from Wisconsin. I sent an email expressing to volunteer from WI State.





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  • CADude
    07-31 10:27 PM
    Mailroom indeed has to check all the documents(after cutting envelope from 3 sides, per operating manual). if clerk is not able to findout our checks then we are out of luck. wait for PD has to be current and refile.

    Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?



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  • james_bond_007
    04-03 01:57 AM
    thank you roseball.. I already booked an infopass appointment for Monday. If the additional review is done by DHS, will contacting the Ombudsman's office help in anyway ? anybody have experience in resolving the "additional review" , please update.





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  • crazymish
    04-13 04:01 PM
    All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?

    Just as a follow up, The receipt notice arrives 30 days after the application; we got our receipt notice approximately 30-35 days after the application was received. Now we are awaiting to see if the Advance Parole is approved. Incidentally fingerprinting was also required and we had been to the ASC center for fingerprinting this past friday. The FP notice came after the AP package was received by USCIS. I believe they are running FP as a normal turn of events when applying for FP for most individuals if not all.



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  • user1205
    08-25 10:04 PM
    http://www.shusterman.com

    He's also advertising on his website wining this type of case.





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  • anilsal
    12-20 11:50 PM
    I wish Sen.Cornyn to have a wonderful holiday season. May he be well rested so that he gets motivated to pass the SKIL bill in Jan/Feb.



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  • gsc999
    07-11 05:35 PM
    Alabaman,

    Legal is referring to me as the stuck moderator who may not like your making fun of a Representative on this forum.

    Legal wants the rest of us to pay for his freedom of expression - and no value add - on this public forum.

    Enough said from me on this issue.

    Stucklabor,

    Your time and effort is much appreciated.

    Thanks for removing trash talk from this forum.

    Om Shanti, Shanti, Shantih





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  • Springflower
    07-17 12:38 AM
    Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.



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  • fullerene
    06-30 09:11 AM
    CIR is dead and DOS is trying to revise its VB. these two are good news from some aspects. They will help us to concentrate our focus on strategy. Here are some of my suggestions:

    1) We may have limited power to speak out alone. But we can unify all groups, parties or sources which will benefit our strategy, such like business group, AILA/AILF, Ombudsman of USCIS, some media reporters and capitol hill insiders.

    2) Short term strategy - To revise petition process
    a) I/140 and I/485 are the continous steps of the process for imigration petition. Right now. they are broken by VB. Applicants with approved I140 should file petition right away.

    b) Following Ombudsman's suggestion included in his 2007 report, we shall suggest that the visa number shall be issued within 180 days of the processing window regardless the visa number availability and conclusion of the name check. The procedure chance will significantly improve the VB predition and limit the waste of visa numbers or revision of the VB during the middle of the month.

    c) Started with new fees, the application of I-485 will be a package including AP and EAD. The renewal of AP and EAD will be removed during the pending of I-485. Then following the suggestion b, we shall request USCIS to provide a case process report after 180 days indicating the status of the process if it can not be concluded within 180 days.( reasons maybe name check or visa availability). Furthermore, USCIS shall have temporary green cards for the applicants whose applications have been approved but the green cards could not be issued due to other reasons as mentioned above. and teh temporary green cards shall be renewed peroidically or be replaced by formal cards if everything is clear.

    d) name check shall be concluded within a reasonable time window. Otherwise name check won't be a sense. Generally speaking, people with a longer history will take more time to complete the process and people with all documentations will take more time to complete it compared with illegal ones since they don't have any records at FBI. Also validation will be questioned if the process takes too long. If the process takes three years, so how to make sure that there is nothing during these three years? Also most of us report our status faithfully, have inspections when re-entering the states.

    e) In order to avoiding wasting visas, USCIS shall have some time to complete the previous year's visa left-over, such as first 2 monthes.

    3) Long term strategy- flexible visa cap according to market requirements





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  • WeShallOvercome
    09-07 02:42 PM
    As I understand, your GC application is based on your husband's I-140.
    Does your husband work for a different employer or the same employer as yours?

    If different, you can kick your employer's A$$ and they can't do a thing.

    If same, they may be blackmailing you because your husband's GC depends on them for some time - 3 more months.

    If it is the second case, why don't you just work on H1 for the next 3 months and then do whatever you want..

    BTW, he can not do any damage to you or your pending GC in any way by cancelling your H1.. Doing it will put them in bad light for wasting a precious H1 visa by misrepresenting the facts..



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  • pd_recapturing
    07-09 09:51 AM
    Please translate........
    The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"





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  • Adam
    08-19 11:01 PM
    I agree about the mouth thing...It's hard to not make it look like a stupid smirk or snowman nose :lol:



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  • amsgc
    04-05 04:07 PM
    Sunil,

    I suggest you use the most recent A# on your I-485, and relax.

    The USCIS adjudicator has access to all the information s/he needs. They can use your Name/DOB/Citizenship etc. to find out all the A#s that have ever been assigned to you. In case there is a need to change or assign a new A#, they will figure it out.

    Good luck!





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  • 4move
    10-19 10:25 PM
    One of my family member went through this, in a routine medical exam (this was not for immigration office) and he referred us to a infectious disease control specialist. After chest x-rays and several other tests the specialist mentioned that tb screening test can be positive some times for BCG vaccination or exposure to TB bacteria from a person who has active TB. This is not a disease (called latent tb), but there is 5% chance that it could develop into a active TB disease (in case the positive was because of exposure to TB bacteria. Initially, he prescribed Isoniazid (300mg), which has severe lever side effects, for 9 months with blood exam to monitor lever function. But, she could not tolerate this medicine even for 5days because of several other side effects (lever funtion test was normal though). Then he switched her to Rifamfin (600mg) for 4 months. There was not any noticeable side effects of this, and level function tests was after 2 weeks for the first time and once in two months after that. But one thing to note that TB screen test would be +ve rest of the life after this and you need to carry a certificate from this physican that you have completed this course of medicine and nothing needs to be done. Hope this helps.

    Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?

    As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".

    I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.

    Have others gone through such an experience? Am I a source of residual income for his office?

    Thanks in advance,
    V



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  • sailing_through
    02-18 01:05 PM
    Thanks for the quick reply, Krishna. I would infact get paid in INR in an Indian account. But what do we do when we file our taxes? When my husband files as "married filed jointly", do we declare this income? Do you have any inputs on that.





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  • rcauvery
    07-16 02:01 PM
    You can update your signature by going to the user profile on the top left corner of the page and click on Edit Signature on the left navigation bar

    http://immigrationvoice.org/forum/profile.php?do=editsignature


    BTW - Can you please share the phone number you called to reach NSC?

    Good Luck with your processing.





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  • meghanap2000
    11-06 11:52 AM
    Hi,
    How much time did they give you for responding to the RFE?
    Also any one has a sample of the affidavit?

    Thanks


    I DID NOT GET rfe BECAUSE i have submitted all the documents upfront along with 485 application. For affadavit format.. go to this link..and see formats ...

    Birth Certificate Unavailable / Affidavit for I-485 - ImmigrationPortal Forums (http://forums.immigration.com/showthread.php?t=144485)





    nashorn
    12-17 08:57 PM
    Hi friends!

    I have applied for my I-485 in June 2007.

    This is what i got on 29 Nov-2007

    On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    and on Dec 11th my status changed to

    On December 11, 2007, the post office returned our last written notice on this case as undeliverable

    My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..

    we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.

    if somebody who knows or gone through the same please share with me what you did and what happened.


    thanks a lot.
    Ramana.
    If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.

    People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.





    wizpal
    02-26 09:55 AM
    She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.



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