Sunday, June 19, 2011

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  • cgs
    11-22 02:54 PM
    I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.

    And how about the job title mentioned in the both petitions, could it be different?

    For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
    Please correct me if I am wrong.
    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





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  • bigboy007
    06-10 08:43 PM
    I disagree that it effects EB Community for EAD holders. COming on to options if the amendment stands it might take the form of TARP - God Forbid. Everyone of us predicted Financial industry has so much clout etc.. but those days are gone. I think US companies have decided to bend to laws and find ways to overcome them.

    Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.

    So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.

    My thoughts.

    Guys,

    Don't fire up on my comments given below.

    I agree that ALL of us irrespective of EB category will be impacted if this proposed bill becomes a law.
    Just step back and think for a minute, what is the impact on the US companies due to inability of his bright workers to continue working in US? Will US businesses sit tight without raising any concerns? No way...
    This is just an eyewash to get political mileage. No matter what degree of love-hate relationship exists between voters and politicians. Certainly, political power cannot, and never will, have a brazen bill such as this, that will hurt American economy more than anything.
    Let's assume for a moment that hypothetically this becomes law...
    What will we do? Some of common options:
    - Move to immigrant friendly country, OR
    - Return to mother land, OR
    - Company will move its operation, and you, to continue its operations, OR
    - look at alternate legal ways to stay in this country until situation changes, OR
    - Become undocumented alien :D

    Guys, we still have options but US of A has too much at stake to make this text into a law.

    Please don't get me wrong, I am in the same boat as all of you. It's just my 2 cents.

    bhattji





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  • pcs
    07-02 07:42 PM
    I put in $100 today to fight for our cause





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  • sw33t
    05-27 07:56 PM
    There seems to be a lot of misconceptions on what to do when stopped by CBP (Customs & Border Protection), colloquially known as "Border Patrol".

    Border Patrol Agents are federal agents and answer to no state/local authorities except their own. Despite misconceptions on their authority and the civil rights issues of road blocks, Border Patrol agents are authorized to detain and make arrests based on the following -

    a. Inability to establish identity
    b. Inability to establish immigration status
    c. Trafficking - Narcotics, Weapons, Tobacco, Alcohol etc. etc.
    d. Detain/arrest felons with federal warrants
    e. Enforce laws related to trade agreements/customs

    As far as what gives the CBP the right to stop/search you,

    Search Authority (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=Jt4f8Uyj&p_lva=74&p_li=&p_faqid=25&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MiwyJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUgxQg**)

    "The Congress of the United States has given U.S. Customs and Border Protection broad authority to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. This authority is contained in Title 19 of the United States Code, Sections 482, 1467, 1496, 1581, and 1582. For further information please visit the Inspections Section on the Customs and Border Protection website. "

    As far as making photocopies (Colored / B&W), pre-June 1st, 2009, the law clearly stated that photocopies of official US documents cannot be used as proof of valid status. If you read through most official US documentation (fine-print), you will see this printed. Aside from being charged from counterfeiting US documents for purposes other than official purposes (application to a US agency), Border patrol will reject such documentation. The only exception after June 1st, 2009 is the following -

    "June 1, 2009: ALL persons*, including U.S. citizens and Canadian citizens over the age of 15, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport or other document such as passport cards, NEXUS or SENTRI cards, or driver's licenses that meet certain security requirements. Children 15 years of age and younger are exempt from the passport requirement, although they will be required to have copies of their birth certificate. (The copy does not have to be certified, xerox copies are ok, but certified is always better.) Teens between the ages of 16-18 who are part of an adult-supervised school, religious, cultural, or athletic group, are also exempt from the passport requirement if traveling by land or sea."

    You will be detained if the Border Agent decides that there is enough suspicion to do so but it is up to the discretion of the agent. Technically, you are supposed to carry documentation, IN ORIGINAL. Some exceptions are those who have a valid Driver's License from states who have implemented the "REAL-ID" act.

    This is the official FAQ on what you need to carry by the CBP. (PLEASE READ THROUGH IT).

    Documents to carry while traveling (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=572)


    And please, DO NOT LIE when being questioned. Getting pulled over by authorities can be a nervous experience but always take a deep breadth before you answer a question. Agents are trained to spot physical signs of an individual concealing the truth. YOU WILL BE DEPORTED if you do so & denied entry for 10 yrs.

    When stopped, hit the emergency blinkers and place your hands on the steering wheel and ask the occupants to not make any sudden moves. If you are carrying documentation, let the agent know the same and tell the agent where it is located and seek his approval before reaching out to get the documentation.

    What to do if you wish to file a complaint because a CBP officer was unprofessional/rude?

    File a Complaint (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=MIxTbUyj&p_lva=572&p_li=&p_faqid=29&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NCw0JnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJ1ZGU*)

    For more unofficial information on road blocks, the "Roadblock Registry" is an independent website that documents the politics of "Road blocks" in the US.

    http://www.roadblock.org/whattodo.htm


    Most of all, please drive safe and don't drink & drive near the border.



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  • divakarr
    07-03 03:44 PM
    just contribtuted $100. Confirmation Number: 8BU10382JA0786747.

    Let's fight.





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  • addsf345
    12-10 07:49 PM
    you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US

    don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?

    Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?

    Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.

    Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.

    Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?

    Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.



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  • ajay
    12-25 02:12 PM
    Nrc2008068051





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  • nonimmi
    02-21 01:52 PM
    yes, you can unless your eb3 I140 has been revoked for fraud or misrepresentation of facts.

    Good info.

    My attorney said EB3->EB2 is not possible now. Can you please post some link for this and pm me some attorney you may know have done this before.



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  • va_dude
    05-26 04:32 PM
    carrying your gc is understandable, its just a card like your license.

    But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.

    This is just a classic case of harassing immigrants.





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  • vandanaverdia
    09-10 04:16 PM
    Done... sent to some students I know... and asked them to spread the word too...
    Good job yabadaba...



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  • andy garcia
    09-10 01:58 PM
    This holds true for even your spouse not being eligible for in-state tuition. WHY???? Because you are a legal dependent(spouse/children) immigrant?
    But the children/spouses of the illegal aliens are eligible for the same!!!!!

    Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.

    this is copied from the catalog of the school:

    The following categories will be considered as Florida residents for tuition purposes:


    Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
    Full-time instructional and administrative personnel employed by a public educational institution and their dependents
    Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
    In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
    Others as permitted by state statute or rule





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  • RNGC
    09-19 09:38 AM
    I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.

    This is my from of contribution.

    Excellent....Our Logo should also change to "Legal Immigration voice"...

    Smart thinking memyselfandus!



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  • JalwaeJana
    11-10 10:00 PM
    I agree this is the easiest thing that can be done with out any lobbying effort. Let me know what number to call





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  • chanduv23
    09-28 03:48 PM
    Those Asian Americans who are against new Asian immigrants, which include some of my relatives, sadly to tell you, are just helping White Americans in this fight. It is their wish and their passion. But if White Americans don't want it, they will have no chance of getting their voice heard. Not all White Americans are against immigration. But there is a big percentage of White Americans who are either fiercely against it or do not want it. I can hardly find any White American who says they want more immigrants. And a small percentage of White Americans are fiercely against immigrations. They would curse at anyone who they think is a new immigrant at any opportunity they have.

    Well, unfortunately they all vote and their votes are important to all the candidates. Even Senators like Obama, Hillary etc... are playing the same vote bank politics. They seem to be loving immigrants of different ethnicities, but not skilled immigrants waiting for green card - VERY SIMPLE EQUATION - NO VOTING POWER NO SUPPORT - and people like Durbin and Grassley go a step ahead and damage the entire industry and attack tech companies. They do all these just for the sake of votes.

    Our only mistake is that we are in the queue, followed all rules, contribute to economy and we do not vote. They do not see anything else but votes. They are not controlling brain drain, not recognizing skills, tried to break their own rules during the July bulletin fiasco - why so much hatred towards us? Just because we are competitive?



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  • vghc
    07-03 11:59 AM
    If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.

    Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
    Problem is not country quota, its the ones with families!!! ><





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  • txh1b
    04-08 12:05 PM
    Yeah. Right!

    Before you give red dots for not having a profile, I don't have any petition pending and am on H1b.

    It happened to my brother's friend's mother's uncles' newphews daughter's boss's cousin's babysitter's husband's colleage's niece's neighbor's sister's mailman's father's janitor's pharmacist's ex-girlfriend.

    Now that is the entire chain this rumor has travelled so far before you heard it. This is pure BS. People seem to get a kick out of spreading out rumors.

    If the person is on bench or was involved in something shady, the IOs can put them in removal proceedings and that is well within their right. Stop spreading unwanted and unconfirmed rumors.

    BTW, there was a new rumor circulating for April 1: For all those that get a kick out of it, here you go!

    Subject: FW: 5% NRI TAX

    5% TAX ON FOREIGN INCOME FOR NRI STARTING 2009 -10

    Government of India today announced imposition of a flat 5% tax on all NRIs over their world-wide income. Income that is already taxed in India has been kept out of the purview to avoid double taxation. No double taxation benefits would be available for this 5% tax, meaning even if you are paying tax on your income in a country with which India has double taxation agreement, the benefit would not be allowed against this 5% tax. All those Indians who are holding Indian Passports and have been out of the country for more than 180 days during the year are under this requirement. Income proof would have to be submitted in form of employer certificates, foreign tax filings etc. Indian government is also coordinating with Australia, Europe, America, UAE and other countries on collecting Income data for its citizens as part of data sharing initiative on terror prevention measures.

    This has been hailed as bringing in compulsory participation in development of India from Non resident Indians.. This means NRIs can no more just continue to retain their Indian citizenship without paying taxes in India. Though it may not be favorable in view of the NRIs who already bring substantial forex in form of remittances and Investments. This is bound to cause a lot of heart burn for the Indian community residing outside..

    This is expected to generate ~10 Billion INR tax collection for the government in the year 2009-10.

    For more information on this rule, tax filings and forms visit http://www.incometaxindia.gov.in/



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  • meridiani.planum
    08-07 02:38 AM
    Hi Sachug22,
    Some of the data you specified does not add up well. For example 2006 India, EB-total is 17,358 but 3,156+3,720+3,006 adds upto 9882.

    Any idea?

    Type 2001 2002 2003 2004 2005 2006 2007

    EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
    EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
    EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
    EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889

    EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
    EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
    EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
    EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853


    Thanks

    that difference in numbers between total(EB) and total-india-GC for 2006 is because of a special provision of 50k visas made for schedule-A (nurses). Folks from Philippines and India took a big chunk of those visas. There was a lot of discussion of that on IV, because those 50k were recaptured visa numbers, which instead of being put into the general pool, were all given to schedule-A.





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  • CHHAYA
    08-16 09:07 PM
    Hi Guys,

    I got an LUD on 8/14 on mine and my wifes I485s and also on the first EADs filed along with the 485. Anything cooking? I did change my employer in Feb 2010 and yet to file AC21. If any one had similar LUDs please post.

    Thanks

    I see LUD on 7/10/10 on mine EAD which was filed online in 08. But no LUD on 485 or last EAD which was filed in 09.





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  • amitpan007
    06-06 04:31 PM
    Hi bodhi_tree and amitpan007,

    Were there any LUD's on your application before the approval?

    Thanks.

    No LUDS since 20-JUL-07 for FP.





    ajthakur
    07-14 06:25 PM
    I filed EAD renewal on May 28 2008.
    Service Center: Nebraska
    When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?





    feedfront
    10-27 12:25 PM
    Just few more days..



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