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  • optimist
    09-30 09:53 AM
    Thank you folks, for sharing your thoughts!

    thomachan72: Ideally, what you are saying is the best thing to do. But somehow we ended up bringing our goodies here and now we are worried about being harassed by customs when we land in India with all the jewellery :(

    By the way, I checked the Indian Customs website (BAGGAGE RULES (http://www.cbec.gov.in/customs/cs-act/formatted-htmls/cs-rulef.htm)) and the limits on jewellery that can be brought in duty-free is:
    <quote>
    (i) upto an aggregate value of Rs. 10,000 by a gentleman passenger
    (ii) Upto aggregate value of Rs. 20,000 by a lady passenger.
    </quote>
    How generous, isn't it?? :eek:

    Any one else, with good/bad experiences to share about this ?
    .
    .




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  • anu_t
    06-16 01:11 AM
    http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5428


    GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES





    WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.



    The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.



    Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.



    "From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."



    "We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."



    At this time, Grassley and Durbin will not be releasing the information received from the companies.



    Here is a copy of the letter to Gonzalez.



    June 13, 2007



    The Honorable Emilio T. Gonzalez

    Director

    U.S. Citizenship and Immigration Services

    20 Massachusetts Avenue, NW

    Washington, DC 20529



    Dear Director Gonzalez:



    Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.



    Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.



    The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.



    We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.



    In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.



    Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.



    Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.



    H-1B Dependent Employers

    $ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).

    $ How many companies are defined by USCIS to be AH-1B dependent@ employers?

    $ How are these H-1B dependent employers being monitored, if at all, by USCIS?



    Blanket L Visa Petitions

    $ How many L visas have been approved each year since 2000?

    $ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.

    $ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?

    $ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?

    $ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.



    Investigations of Fraud and Abuse

    $ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?

    $ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?

    $ How does USCIS plan to spend the remaining funds left in FY2007?

    $ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.

    $ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.



    While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.



    Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.



    Sincerely,







    Charles E. Grassley Richard J. Durbin

    United States Senator United States Senator




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  • Aah_GC
    07-25 03:00 PM
    It depends on what is being asked for. Try to tell your employer that you might need an EVL (Employer Verification letter) that basically puts your start date, responsibilities and has HR Contact information.

    Make sure you keep the paystubs of your previous employer through the 180 days of your 485 app pending. Get a releiving letter and try to be on good terms with your ex. It helps.




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  • sash
    06-20 04:03 PM
    OMG are you guys saying dont travel even in emergency situations?!!



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  • arunmohan
    11-15 12:20 AM
    My designation with current job is software engineer and i am getting an offer with designation DBA.does it fall in same or similar catagory.I am switching job using AC21 rule . gurus help




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  • GoneSouth
    07-11 11:14 AM
    Congratulations!! Why didn't you do Concurrent filing in June?

    I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.

    Boy did I (and quite a few other people) get a nasty surprise on July 2!



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  • gc_eb2_waiter
    02-13 02:00 PM
    Help IV Help U




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  • Berkeleybee
    05-24 11:33 PM
    To reinforce our fax campaign, we should start calling the senators and start reinforcing our message to them. Please do not hesitate or be shy of doing this. Now is the time that you can make a difference.

    Please stick to directions and talking points, stay on message and be calm, polite. Avoid sarcasm and rhetoric at all costs even if they disagree with you completely.

    Here are the instructions of what you should do

    Call the Washington DC Phone numbers of the following Senators. Check this post during the day because we may add to this list:

    We want to reach them as early as possible before the vote on the Bingaman Amendments S.A. 4181 and 4182 take place. The Senate reconvenes at 9:15 am tomorrow (May 25, Thursday), we do not know at when the vote on these amendments will take place, so call as early as possible:

    • John Cornyn (TX) - 202-224-2934
    • Ed Kennedy (MA) – 202-224-4543
    • Arlen Specter (PA) – 202-224-4254
    • John McCain (AZ) – 202-224-2235
    • Larry Craig (ID)– 202-224-2752
    • Lindsey Graham (SC) –202-224-5972
    • Jeff Bingaman (NM) - (202) 224-5521
    • Dick Durbin (IL) – 202-224-2152

    WHY IT IS OK TO CALL SENATORS WHO ARE NOT FROM YOUR STATE

    Even if a senator is not from your state and if that questions comes up during phone call, explain the reason for calling by saying that "Since Immigration laws are federal laws and every senator's vote affects us in all 50 states, your time and the senators support would be highly appreciated".

    Once they pick up the phone:

    1. Introduce yourself

    My name is _______ I am a member of a volunteer organization called Immigration Voice which advocates legislative changes for improving the GC processing for legal immigrants.
    I have been a legal resident of the USA for x years and my employer is sponsoring me for a greencard.

    2. Ask for the Immigration Counsel/ Staffer

    3. Talking Points

    • Very Briefly Express Overall Support for the Bill

    Request the Senator to support the Comprehensive Immigration Bill, especially those provisions that support the highly skilled immigrants. Reiterate that all of us are LEGAL immigrants and have obeyed the laws of immigration at all times. Reiterate the fact that many of us have been waiting here for more than 5 years to get our green cards.

    • Oppose the Bingaman Amendments S.A. 4181 and S.A. 4182

    At present the CIR bill has a provision of not counting dependents against the cap. This is the way it should be because employment based visa quotas are properly meant for essential highly skilled workers, they shouldn’t be wasted on their dependents. After all the American business that is trying to stay competitive by hiring this workers is petitioning to get a skilled worker, not a dependent child.
    The Bingaman Amendments S.A. 4181 and S.A. 4182 try to once again include dependents in the calculations of the annual quota for employment based highly skilled workers. This is harmful for American competitiveness, and will waste visas meant for highly skilled essential workers on their dependents.

    Urge the Senator to vote against these amendments. Remind them that Sen Bingaman’s own PACE Education bill (S. 2198) does not include dependents in the calculation of the annual quota for high skilled workers.

    • Thank the staffer for their time.

    Post Here. Once you have called these senators, post back here so that it will motivate others to do the same.



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  • sujith1
    07-07 06:05 PM
    Yes - 485 can only be applied if ithe dates are current



    Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?

    thanks
    balan.




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  • calaway42
    10-21 12:26 AM
    heh.. i want edwin's comp!!:)



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  • sac-r-ten
    03-22 10:34 AM
    Sorry for any confusion. Here are the details :

    My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
    1) what are the options for me
    2) Do they revoke my husband I797 H1 who is in US
    3) What I have to do ..like appeal ..new petition..

    Please advise..

    sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.

    Good luck.




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  • st4rguitar
    04-06 01:39 PM
    I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.


    I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you



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  • mmk123
    07-17 11:13 AM
    Hello All,

    I want to start an interesting discussion - not sure whether a thread already exists or a similar discussion has already taken place.

    We all know about the current state of the economy and current unfortunate unemployment rate. We all also know that majority jobs lost are in construction, manufacturing etc. We also know that some people (who have no other choice) are targetting legal EB community as if they are responsible for all this mess.

    I want people to discuss the other things like DV Lottery, Chain Family Migration or any other popular programs from labor/unemployment point of view. Please no intent to discuss it from any other angle at all.

    These forms of migration bring a lot of uneducated (or less educated), unskilled (or low skilled) population/labor into the country which contribute higher for the unemployment rate (for both numerator and denomenator - rate = # unemployed/# total).
    example: suppose in a hypothetical community of 10000000, 300000 are unemployed. They have 3% of unemployement rate.
    Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%

    This can be bad example but it was just to put a point forward.

    Are there any statistics (again?) available about the effect of DV, chain family migration or any such program in the last 10-15 years towards the unemployment rate today? A lot of unskilled (or low skilled) labor was added to the economy which was OK during upward economy but cannot sustain at all in down economy like this.

    Thanks,
    M.




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  • pd_recapturing
    03-07 08:46 PM
    I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?



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  • ysnraju
    07-25 10:45 PM
    So far not come across
    But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
    So no wonder Dependent may get approval.....
    But lot of questions araises
    Just for argument shake please do not expect to happen but for argument
    if the Primary applicants is not eligible then what they will do ........ :)
    .......




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  • usdreams
    05-25 12:13 PM
    Hi,

    I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.

    Is it risky or inviting a risk by taking infopass apt. ?

    Do you think I should have waited ?

    please reply if anyone have any idea.

    Thank you,



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  • Motivated
    10-27 09:22 AM
    to Motivated...

    Seriously, .... Are you really thinking about getting this guy :p

    Good Job!

    at least there is some action involved, you should join too....especially if you are from WI

    just saying meragcdedobhai - won't get it.




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  • Rajwaitingon140
    12-18 12:21 AM
    Buddy

    When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.

    Thanks
    Raj

    I am planning to visit Mexico (not for H1 stamping - plan to use AP), I had called up their consulate in Philly and was told that they are not issuing visas at that location until Jan first week. The person I spoke to suggested that I go to the consulate in New York. I tried calling the consulate in NY, however, I could not get to speak with anyone there. They had an automated message that lists the things required for the stamping, the visa fee ($36), etc.,

    However, no info if I have to schedule an appointment, how long they require to process the application.

    Does anyone here have an experience with the Mexican tourist visa stamping?

    Thanks in advance.




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  • rajenk
    07-19 07:27 PM
    What if the company with your first 140 withdras th applciation (assuming 140 was approved for more than 180 days and I485 is also pending more than 180 days)
    Also when you join the new company what kind of benefits you get in term of Salary/ Position/ Promotion?

    It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.

    The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!




    snathan
    02-06 06:47 PM
    Thanks a lot for heart warming response .

    I greatly appreciate your comments .

    Ask him to file a law suit and he will pay you whatever you earned from you. He is just threadening. Nothing else.




    gman
    03-19 10:04 PM
    That's just like any other transactions. There is no sales tax for real este transactions. There maybe long or short term gains depending on how the house was acquired. Once you are filing as a permanent resident for tax reasons, EAD, AP, H1 etc, do not matter. Bottom line you pay taxes on income (whether short term or long term gain and other rule) and it has no bearing on the details of your legal status.



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