Tuesday, June 7, 2011

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  • vbkris77
    12-27 02:29 PM
    So many bills are introduced but most don't even see day of light.. I personally don't see this ever passing the congress.. For most treaty countries this feature is already available and its called E1/E2 visa.. There is no limit on number of people and number years for visa.




    Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )

    According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.

    The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; �Immigrants are nearly 30% more likely to start a business than non-immigrants � and �about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs� . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn�t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn�t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .

    Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don�t have the actual numbers. Aren�t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?




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  • hopein07
    03-16 12:25 PM
    I think sertasheep put it right. For Indian MBBS, US trained docs the best options outside US are the middle east, Dubai in particular, and India. In India Appolo and Escorts hire foreign trained docs but remember India also does not recognize US PG degree so they cannot work in Govt hospitals but they can always open their own shop just on the basis of MBBS and boldly put US degree on the big board. India is truly the land of the free in this respect. You cannot even imagine doing this in US or any other developed country.

    But do not write off Canada just yet because there are still some jobs there for physicians and it's not as if US trained docs are not allowed at all. Canada is worth giving a shot but Australia, New Zealand, UK, etc. are all closed and dead options for a variety of reasons ranging from licensing process, immigration process, very few training positions, very scarce medical jobs, racism, discrimination etc. Middle East has it's own issues specially if you are not a Muslim although Dubai is quite modern and welcoming but kids will be influenced and politics there is also quite nauseating. That just leaves you with India and you already know the ins and outs of it.




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  • gcformeornot
    01-16 07:49 PM
    microsoft is laying off?




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  • jasmin45
    02-26 10:53 AM
    Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!

    First of all you have an "If" in your question. So I belive this is for future plan.
    Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?

    I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.



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  • superdude
    07-17 11:26 PM
    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
    I think you are good.She needs to mention that she left to India after filing for 485 at the POE after returning.Talk to your attorney once.




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  • desi3933
    09-09 04:19 PM
    What is the difference between 1099 and W2 ?

    Thanks,
    theOne


    W2 versus 1099 (http://answers.google.com/answers/threadview?id=463647)



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  • prince_ny2000
    05-16 02:46 PM
    My question to my valuable friends is that if I've filed PERM well before 365 days (i.e. the last year) but it was denied and then i refiled another PERM after the 365-day period was started, then would I still be able to renew my H1 based upon filed PERM or approved I-140 or what? :confused:




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  • ita
    11-19 03:41 PM
    I have recently returned using AP. I had 3 APs and the officer took one and returned 2 back to me. Both were stamped and the officer told me that for my next trip I can use the 2 APs with me. And also that I need not submit any AP on my next trip back.

    Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?

    My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.

    SO I'm wondering how many approvals does one trip take?
    Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
    So will he be able to make another trip abroad?

    Thank you.



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  • das0
    04-08 10:11 AM
    Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.

    If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.

    Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.




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  • cinqsit
    10-07 08:32 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:"


    Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date



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  • ItIsNotFunny
    12-03 05:41 PM
    I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.

    I would like to see lawyer's opinion on this.




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  • ishreeram
    07-20 06:40 PM
    My PD is June 04 and the online status for my LC shows CERTIFIED since last week. Attorneys say they need DOL to send them the approved LC ... some document, which would be needed to file I-140 and I-485. Any idea how much time it takes for DOL to send the above said document back to the applicant or representative?



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  • chi_shark
    07-24 03:49 PM
    so, we are not out of the woods yet? its just that they (USCIS) can now say that they have gone through x number of apps... i wish they clarified this really well...
    but thanks for answering the really important question!

    Sanjay:

    Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.




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  • fcres
    12-10 03:04 PM
    My Labor approval uses something that starts with 030-16-**** but there is nothing in SOC with 16 are they changed recently? any clue?


    Thats the old D.O.T code. You need to find the corresponding SOC Code.
    http://online.onetcenter.org/help/online/crosswalk



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  • saileshdude
    07-21 09:44 PM
    You actually have active TB? Or you are saying your TB skin test came out positive as you had BCG?

    If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.

    mhtanim,

    My skin test was positive but chest x-ray was negative. As far as changing the doctor goes, this doctor is actually the USCIS doctor who I went to during last July 2007 fiasco. At that time of rush I did not bother on what he wrote on the medical forms. Even though I had negative x-ray , he wrote I need to follow up with my primary care for INH treatment.

    Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.




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  • eb3retro
    05-29 10:30 PM
    I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.


    sent u a pm pls respond. thanks



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  • vijjus
    06-11 12:40 PM
    http://www.nytimes.com/2007/06/11/world/europe/11cnd-prexy.html?hp

    SOFIA, Bulgaria, June 11 � As he heads home from an eight-day European swing to face a hostile Congress, President Bush lashed out today at Democrats for scheduling a vote of no confidence on his attorney general, and vowed to get his stalled immigration legislation passed, saying, �I�ll see you at the bill signing.�




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  • sheela
    10-05 09:58 AM
    Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.


    Nothing makes sense.

    Thanks
    Senthil

    hi, Do you know: How recent, which nationality, when was his/her aos filed




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  • badluck
    06-22 09:41 AM
    TB test should be positive or nigative. does it make any different in immigration

    any responce




    bekugc
    04-04 03:13 PM
    Flexi,
    ur just making what we refer to as a 'h1 transfer'. u donot have to wait till oct to begin ur work at the new employer. anytime after u get ur receipt u can terminate the first job and join the new one.

    regarding
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
    ans: as long as u have NOT terminated ur existing H1 employment, u can travel ( assuming u have a valid visa to reenter the US). it doesnt matter whether u applied for h1 transfer or not, as long as ur current H1 visa is valid and ur maintaining proper H1 status at existing emplyer, u shud not have problems coming back to US on H1. after u come back , depending on whether ur got ur new h1 receipt , u can terminate first job and join the new one.


    In regards to the timing of a petition -
    as we have mentioned, ANY time after recieving receipt u can start ur new work...so why u waiting for absolute 1 or 2 weeks before july to start the paperwork???? do it 4 weeks before, and even if receipt comes early, nobody will force u to join then and there. once u have receipt, u can give whatever reason u want and join the new employer at ur chosen date....




    bluez25
    07-16 01:58 AM
    i guess I am going to be in trouble in case I have to get a new PCC. I will try and get a new one when I reach India. Also update to my status is that chennai consulate has sent a letter to my local address in India about the interview appointment date.



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