gst76
02-19 12:52 PM
I don't know if it is mandatory rule but it definitely is a strong message from US Embassy in Canada. I registered for my trip to visit Canada in Oct 2006, but eventually backed out after reading this message. I don't know if the same message is still being shown or not.
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humdesi
02-17 03:59 AM
Which was effectively nullified by
"Default Re: Predicted Visa Bulletin movement
Nothing was said, but logically, unless there is worldwide EB3 movement, EB2 for China and India can't advance. EB for India and China have already maxed out for the year and all additional movement is based on leftovers from the rest of the world."
"Default Re: Predicted Visa Bulletin movement
Nothing was said, but logically, unless there is worldwide EB3 movement, EB2 for China and India can't advance. EB for India and China have already maxed out for the year and all additional movement is based on leftovers from the rest of the world."
Libra
08-10 03:03 PM
Signed up for 50$ monthly
2011 on 10.3.9 and above.
ivy55
08-01 09:38 AM
Please note the reponse I got from service center to a query sent by the senators office
""
The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""
All waiting for FP leave no stone unturned, call, take infopass, etc
Thanks
""
The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""
All waiting for FP leave no stone unturned, call, take infopass, etc
Thanks
more...
gapala
02-26 01:24 PM
This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.
This is just my understanding. Check with a attorney to get precise information.
This is what my attorney has said too. I will double check with my employer attorney as well.
This is just my understanding. Check with a attorney to get precise information.
This is what my attorney has said too. I will double check with my employer attorney as well.
chanduv23
09-29 02:05 PM
I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?
RFE - "We have sent a letter requesting further information ......."
NOID - Usually no message - atleast in my case (only soft LUD)
When you respond - The status is "Response received case reopened ......."
RFE - "We have sent a letter requesting further information ......."
NOID - Usually no message - atleast in my case (only soft LUD)
When you respond - The status is "Response received case reopened ......."
more...
SSSarkar
12-11 09:29 AM
Automatic revalidation for getting new visa in USA was stopped in 2004. But I suppose automatic revalidation for I-94 while coming from Canada/Mexico is not stopped yet. I may be wrong but check it by yourself the latest rule from US department of state through the link here.
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
Guys,
My understanding was that automatic revalidation was stopped a few years ago?
I would say that getting an appointment and a new visa stamp is the safest bet. If that's not a possibility and you have to go, I will suggest travel by road instead of air. From what I have heard they tend to be more lenient when you are driving across.
Do check thoroughly before travelling on an expired visa.
Take Care
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
Guys,
My understanding was that automatic revalidation was stopped a few years ago?
I would say that getting an appointment and a new visa stamp is the safest bet. If that's not a possibility and you have to go, I will suggest travel by road instead of air. From what I have heard they tend to be more lenient when you are driving across.
Do check thoroughly before travelling on an expired visa.
Take Care
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sasidhar79
09-16 02:37 PM
I just signed the online petition to drop Dobbs, I hope everybody in IV will do it and help us get rid of this Hatemonger.
more...
trramesh
11-09 02:03 PM
All,
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
Pappu,
Is this survey open to every one beyond donor forum.
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
Pappu,
Is this survey open to every one beyond donor forum.
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srox
03-04 07:26 PM
Pls add mine :).tq
more...
pappu
08-15 11:30 AM
I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).
EB2 is unavailable rt now and will be severely backlogged due to cases coming from BEC. When eb3 got backlogged, several people filed quickly as eb2 in order to get eb2 benefit. However now that eb2 is unavailable it is tough to say if when it becomes available it will actually move fast at all. With BEC cases coming up, there is a chance it will be stalled at jan 2003 or earlier in order to allow old cases to be cleared. this will be enough for India quota be over.
EB3 is available rt now however the wait is very long and will move slow.
in this scenario, prioirity dates are most important than eb2 vs eb3. both are likely to be heavily backlogged anyways for india.
lets hope some immigration relief happens soon so that we dont live in such tension.
EB2 is unavailable rt now and will be severely backlogged due to cases coming from BEC. When eb3 got backlogged, several people filed quickly as eb2 in order to get eb2 benefit. However now that eb2 is unavailable it is tough to say if when it becomes available it will actually move fast at all. With BEC cases coming up, there is a chance it will be stalled at jan 2003 or earlier in order to allow old cases to be cleared. this will be enough for India quota be over.
EB3 is available rt now however the wait is very long and will move slow.
in this scenario, prioirity dates are most important than eb2 vs eb3. both are likely to be heavily backlogged anyways for india.
lets hope some immigration relief happens soon so that we dont live in such tension.
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Rakson
03-01 12:25 PM
Another front to think about :
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
You have added important point for consideration. Thanks!
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
You have added important point for consideration. Thanks!
more...
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hydboy77
10-07 06:19 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
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smuggymba
10-06 03:52 PM
simple1 - whenever I see ur reply, it's regarding a toll alert. Same with ronhira guy. All you 2 two do is issue toll alert whenever someone asks a question.
H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?
H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?
more...
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pappu
11-21 06:49 AM
Should we mail paulmcd@cmp.com (Paul McDougall )of information Week.
See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
sure. send it.
The article says---
"A lobby group backed by IBM, Microsoft, Intel, and other tech industry giants is urging Congress to pass a new research and development tax credit and increase the supply of H1-B immigrant visas before the current session adjourns."
H1B visa is not an immigrant visa. It is a non immigrant visa. Everybody confuses H1B visa as the immigrant high skilled visas (Gcs). Moreover this article has no mention of greencards.
Gcs are not part of their agenda as per their website-- http://www.itaa.org/policy/immigration/
We will be neglected and our voice will not be heard if we dont do anything. IV core is working hard but they cannot do it alone without the help from each and every member. Each IV member is important to our success. We cannot afford to leave it to others to do it for us. The collective muscle of our efforts will create miracles for us. I see from a total of 450+ members that logged in yesterday only 12 people sent emails to 60 min. This kind of response to calls for action will not help our cause. Same goes for the state chapters. How many of us have actually gone to the state chapter thread and signed up? Pls. ask this yourself before posting new messages on the forum.
See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
sure. send it.
The article says---
"A lobby group backed by IBM, Microsoft, Intel, and other tech industry giants is urging Congress to pass a new research and development tax credit and increase the supply of H1-B immigrant visas before the current session adjourns."
H1B visa is not an immigrant visa. It is a non immigrant visa. Everybody confuses H1B visa as the immigrant high skilled visas (Gcs). Moreover this article has no mention of greencards.
Gcs are not part of their agenda as per their website-- http://www.itaa.org/policy/immigration/
We will be neglected and our voice will not be heard if we dont do anything. IV core is working hard but they cannot do it alone without the help from each and every member. Each IV member is important to our success. We cannot afford to leave it to others to do it for us. The collective muscle of our efforts will create miracles for us. I see from a total of 450+ members that logged in yesterday only 12 people sent emails to 60 min. This kind of response to calls for action will not help our cause. Same goes for the state chapters. How many of us have actually gone to the state chapter thread and signed up? Pls. ask this yourself before posting new messages on the forum.
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Appu
11-16 02:09 PM
Don't worry about processing dates..
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
Some tables (e.g., Nebraska, I-140 NIW) show retrogression of processing times. from 6 months to 15 months.
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
Some tables (e.g., Nebraska, I-140 NIW) show retrogression of processing times. from 6 months to 15 months.
more...
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like_watching_paint_dry
08-23 11:04 AM
All that has changed lately. Quite a few people have gotten off easy some years ago but NSC and even other service centers has been enforcing EB2 requirements without mercy these days. A lot of those 3 year degree types are getting I-140 denials, especially those who got greedy and applied in EB2. I've even read about a few cases of denials in EB3 for these people. So dont worry too much about those kinds of people eating our lunch going forward. They will most likely be looking for good deals on their return tickets.
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tulips
10-15 03:00 PM
Hello,
Sorry to be posting here but how do I start a new post?
Here is my situation:
My husband started GC and our PD is nov 2006. I 140 approved. I am on H1 B. Now, my husband decided to move out of country for studies. So, our application is abandoned right? We have not received any RFEs so can he still apply for AP? Otherwise, how else can he visit USA...H4? Can he still get H4? If yes can it be applied from any US embassy? What all documents are needed? OR should he just try tourist visa now?
Thank you!
Sorry to be posting here but how do I start a new post?
Here is my situation:
My husband started GC and our PD is nov 2006. I 140 approved. I am on H1 B. Now, my husband decided to move out of country for studies. So, our application is abandoned right? We have not received any RFEs so can he still apply for AP? Otherwise, how else can he visit USA...H4? Can he still get H4? If yes can it be applied from any US embassy? What all documents are needed? OR should he just try tourist visa now?
Thank you!
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rpat1968
09-03 11:42 AM
Still Waiting... Frustrated after seeing so many out of turn approvals for later PD's.
PD : 08 July 04 ND : 08/09/2009
Last LUD : 04/14/09 (Aftter Replying to EVL RFE for Primary and Marriage Cerificate for Spouse).
Be Patient, i do fee that all whose pd is before jan 2005 EB2 India will get their GC.
Hang on there, you will get it, more than likely by EOD today.
PD : 08 July 04 ND : 08/09/2009
Last LUD : 04/14/09 (Aftter Replying to EVL RFE for Primary and Marriage Cerificate for Spouse).
Be Patient, i do fee that all whose pd is before jan 2005 EB2 India will get their GC.
Hang on there, you will get it, more than likely by EOD today.
waitnwatch
04-21 02:37 PM
It is generally a good idea to go to any CBP and get the date put in. It is a pretty easy process. When the CBP folks say that an exit in 6 months in fine I guess they are correct in the sense that you have to stay illegally for over 180 days to be barred from reentry.
Anyway this should be pretty easy except that you have to find the time to go to your nearest international airport. For some it could be a 4 hour + drive!
Good luck
Anyway this should be pretty easy except that you have to find the time to go to your nearest international airport. For some it could be a 4 hour + drive!
Good luck
justin150377
06-22 09:27 AM
any advice?
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