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  • hobbyaddict
    December 4th, 2008, 11:50 AM
    Well,

    It looks like you did it! Whats a few hundred dollars when your loaded ;)


    I try to get one nice piece of equipment each year if I can afford it...
    Sometimes even when I can't :confused:

    I am thinking next year I would like one of the broad range zoom lenses, a camera and one lense is a lot easier to carry on a trip. Prices are not that bad on them. oh.. that is if I have a job, who knows what is going to happen.

    Have fun with your new equipment...



    -Ed




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  • Sandeep
    01-23 01:53 PM
    To present our case, we need facts. Like for example

    -Drop in admissions/applications/exams for US universities
    http://www.universityofcalifornia.edu/senate/news/source/intnl.grads.pdf cites "constraints on visas and immigration" are among the reasons for the decline
    http://www.usatoday.com/printedition/news/20060106/a_students06.art.htm says "Rising U.S. tuitions, increased tension between much of the world and the United States and post-9/11-related immigration issues have all fed a decline in foreign student enrollment. So, too, has heightened competition from the rest of the developed world"
    http://www.aascu.org/policy_matters/pdf/v2n11.pdf also supports that on page 3

    -Number of people on H1-B buying homes
    http://www.census.gov/prod/3/98pubs/cenbr974.pdf

    -Evidence showing H1-Bs earn similar salaries/hourly rates, as rest of the industry
    http://judiciary.senate.gov/testimony.cfm?id=913&wit_id=475
    It is hard to determine the impact of H-1B workers on comparable U.S. workers. The only comprehensive effort to date, conducted in 2000 by the National Research Council of the National Academy of Sciences, concluded that the magnitude of any effect the H-1B program has on wages is difficult to estimate with confidence. The report noted that the effect, if any, may not be to depress wages and employment opportunities for U.S. workers but rather to keep wages from rising as rapidly as they would if the program did not exist. Another study in 2001 similarly concluded that if the H-1B program has any effect on comparable U.S. workers, the effect must be subtle because it does not appear immediately in the data.


    -Age Pattern of the Science and Engineering Labor Force
    http://www.nsf.gov/statistics/seind04/c3/c3s3.htm#c3s3l1a Absent changes in degree production, retirement patterns, or immigration, the number of S&E-trained workers in the labor force will continue to grow for some time, but the growth rate may slow significantly as a dramatically greater proportion of the S&E labor force reaches traditional retirement age. As the growth rate slows, the average age of the S&E labor force will increase.
    And later "Taken together, these factors suggest a slower-growing and older S&E labor force. Both trends would be accentuated if either new degree production were to drop or immigration to slow, both concerns raised by a recent report of the Committee on Education and Human Resources Task Force on National Workforce "


    I am also trying to gather information about the points given below

    - Number of H1-Bs becoming US citizens (when given a chance)
    _________
    - A $$ amount of value addition of H1-Bs to the US economy
    _________
    - Number of children that are US citizens from H1-B families.
    _________

    Any help in pointing to any articles etc that you may have come across is good. Please keep in mind that these studies should have stats in them and should be recent material
    Thanks
    Sandeep




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  • ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!




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  • nivedit.tyagi
    02-19 06:52 AM
    List of representatives for Georgia.

    http://www.house.gov/house/MemberWWW_by_State.shtml#ga

    Need to discuss a plan to call or meet them personally to explain our situation.

    --
    Thanks,
    NT



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  • kris04
    08-18 06:17 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.


    Just to remember
    REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

    Thanks,

    Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.

    Good Luck

    HTH

    kris

    My Profile
    ----------
    GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)




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  • rajenk
    09-20 07:10 PM
    I am holding MCA with 10+ years experience. My degree got evaluated to be equivalent to MS in US.

    Just to let you know switching from EB3 to EB2 is not as simple as one would think. I assume you are aware of it.

    To switch you need to start from Labor and be careful with the job requirements. And then your educational qualification and work experience.

    Here are the EB2 minimum requirement.

    JOB should require minimum of Bachelors degree with 5 years experience or Masters with or without experience.

    Good luck.:)



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  • jjava100
    01-28 11:56 AM
    Congrats!!




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  • reachinus
    02-23 04:01 AM
    You will just need the AP for yourself but make sure you return before the expiry date of the AP and not the I-94 any issued or stamp in the PP. For the baby you can use 1 of the 3 options available - Visa/PIO/OCI. Hope this is helpful.



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  • desibechara
    09-22 07:48 PM
    hi:

    I am not on I140 now but in my situation ( whenever that comes, if that comes!)..I have been working for my current emplyer for 7 years and if I were to file I140 tomorrow :) ..am I supposed to look & get the job experience from soebody I worked around 7 years ago...they don't even remember me!



    my situation- labor filed Oct 2001( after 9/11 happened, I could have applied earlier but for my stupidity!)..(my attorney filed in EB3 ..and I do not know why..)..and I am stuck in the mud now...

    please let me know...because I will have to really folow up on them..

    Sandeep




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  • vagish
    04-20 11:08 AM
    Guys, we keep seeing lots of messages of introduction of several bills in house/senate, but do we know what is their voting schedule in the congress, if they have any..

    Thanks for help

    expect the CIR , all other are waste bills, they will never be voted, only hope is CIR.

    thanks



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  • ksnlp
    05-05 10:00 AM
    If AP is approved. You can travel out of country, Your husband can send it later to you.
    But if AP document somehow missed in mail or never reaceived. Thats the problem.




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  • gcnirvana
    04-20 11:29 AM
    I am not sure about the voting schedule but the immigration bill will be debated in the Senate during the last two weeks of May.

    I read this in USA Today:
    Senate Majority Leader Harry Reid, D-Nev., has set aside the last two weeks of May for debate on an immigration bill; House Democrats hope to act before the August recess.
    --------



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  • seahawks
    04-29 10:10 AM
    I would like to send emails to my friends about IV and the cause IV stands for. I know a lot of people who are stuck by retrogession. Is there a standard template to invite friends to join, volunteer and contribute that we can include as a link in this website please?

    vj




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  • iv4gc
    07-29 02:15 PM
    permfiling,

    A lot folks want to use AC21 but lawyers suggest not actually filing AC21.

    So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?

    I believe this is the tack Company B lawyer is suggesting.

    Here's something I read on another lawyers website w.r.t. AC21:
    1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
    2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.


    Thanks,



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  • JEESEE
    05-11 12:06 PM
    My Wife wanted to join a school for some course. We decided to apply for FAFSA to pay for School fees. I am not sure whether she is eligible to apply for FAFSA or not.

    Can some Guru shed some lights on this?

    By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.




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  • myimmiv
    12-18 04:26 PM
    I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.
    Thanks a lot truthinspector



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  • desi3933
    02-18 01:14 PM
    No, it is not legal.

    I just checked and it seems that you are right.

    It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 visa status holders can only do voluntary work.

    _____________________
    Not a legal advice.
    US citizen of Indian origin




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  • shana04
    03-05 05:17 PM
    Can someone post a sample letter for removing lawyer from G28 and a notice to represent case himself/herself

    G28 self




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  • swartzphotography
    May 23rd, 2005, 10:55 PM
    since this i believe is just a test shot i think most of what j said is spot on probably easier to just use a fill flash the 550 digital flash by cannon works great for that outside when you have shadows. in the future i would try composing with your subject off center some or filling the frame more to instead of hide her facial imperfections bring them out in high detail older people are far more interesting when you can see the wrinkles and imperfections of course these are all just my oppinions




    baburob2
    10-07 08:11 PM
    My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card

    1. How can he use the PIO card to enter and exit India?
    a. Does he simply show the PIO card, US passport to enter and exit India?
    2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
    a. Do they return the PIO application and its supporting documents before visa could be applied?
    b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?




    kaisersose
    05-23 12:31 PM
    Hello,

    I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?

    Thanks,
    Kunal

    Yes or you can do it online too. It takes a while for the change to reflect, but you will know when it happens as you will receive an update through email and usually also a confirmation letter from CIS.



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