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ireddy08-11 02:01 PMI applied for passport renewal (Chicago consulate) without name change form. In the Online application, I splitted the name as needed (earlier my name was under Given name). The renewal passport was sent to me with the way I entered the name (splitting) without any additional forms or affidavits.



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ebizash06-26 01:50 PMHow can any court / law hold the employee accountable for a contract that he / she did not sign? If I am reading it right, the OP is saying that the contract was signed by recruiter stating that the employee will be responsible for all costs. If that is the case, the contract should be binding on the recruiter if any one at all.



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neel_gump05-22 12:02 PMFAQs seems to be a great idea people.



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desi393306-21 05:21 PMI have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.

You need to have 2 (or more) approved I-140s for Priority Date transfer.

Job Title, Description and Salary do NOT matter.

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002

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knnmbd08-29 02:25 PMThis is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it’s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.



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anu_t06-16 01:11 AMhttp://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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Gravitation11-19 10:30 AMFor July 2nd filers, the freedom is attained on Dec 29th (180 days after filing).



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ameryki07-05 06:06 PMmust also remind you since 9/11 and this happened to me in Cali shooting ranges also do not let "non citizens" use their services. so even if you bought a gun not a lot of places for you to practice on how to use it just my 2 coppers for you mate.

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eagerr2i08-30 12:39 PMDear IV Members,

The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.

Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.

These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.

To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.

Come on members..! and pledge in this novel pledge drive for Immigration Voice.



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InTheMoment11-25 05:12 PMUSCIS systems that the generic CS rep sees or the CLAIMS3 systems that the IO sees doesn't have any info about AC21 docs that you sent them.

Like someone suggested it is a very good idea to keep the original attorney (might not happen in all cases such as when your other company is a direct competitor. Depends on the lawyer). I did the same did not have to pay anything to my attorney to maintain my file.

I sent my AC21 docs to NSC against the advise of my attorney (I surmised that that I would waste time and money if USCIS ever sends a EVL RFE). I think that was a good decision as I got the I-485 approved soon.

Also I see from the FOIA request that I made, that the AC21 docs that I sent were indeed in my file when the decision on my file was made.

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lacrossegc12-21 01:20 PMIts in the Visa Bulletin itself

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to "Other Workers".

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.



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adde7202-12 07:03 PMMy H1 is expiring on 20 June 2007 along with my wife's H4. My employer is planning to apply extension only in the month of June 2007 .

However I am planning to apply a new H1 ( H4 -H1 status change) for my wife on April 1 2007 .

1) If H4 extension is filed in June which one will USICS considers ?

2) If H1B gets approved first and later H4 ext which I-94 will take precedence ? 3) Whether she can work from Oct 1 2007 or needs to go out of country and needs to get Visa stamped ?
4) Any petition can we make to the USICS ?

Thanks for your replies
ASR

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amits10-09 11:55 AMI will join as well.



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pkpalta08-11 05:02 PMAdmin, please remove this post. If INS reads it and amends to verify all the employers then there will be more back logs and more retrogression.

We all know that there are tonne of problems with processing and lots of idiosyncracy but this forum is to solve problems not creating it.

;)

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rustum10-10 12:35 AMApplication reached Nebraska on 27th July. Collected by R williams.
Got receipts for 485, 765 adn 131 from California service center(WAC XXXX).
Received Date: 27th July.
Notice date: 28th Sep.

140 is pending at Nebraska. Applied on 25th May 2007.



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VisaVisa09-08 11:08 PMMe and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.

I-140 is approved.

I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.

Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?

Thanks

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kondur_00708-24 10:23 PMI hate to give you the bad news, but as far as I know, if you filed 140 after the expiry date on Labor, it will be denied.
And yes, there is a rule about this that they came up with since past few months (?about a year now..)
I would suggest to start a new PERM ASAP and get a help of a good competent lawyer this time.
Good Luck.

(Although there are only a couple of days between the expiry date on your labor and 140; but if you really filed your 140 after the expiry of PERM, it will be denied. Are you sure of RD? if it is ND and your RD is within the expiry, it may still be valid).



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tnite08-05 10:02 PMPlease join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.

WHEN: Saturday AUGUST 11th

LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)

TIME: 1:30 pm

IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)



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jsb03-25 03:47 PMGive us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits

1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.

I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.

Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.



dkshitij02-07 01:38 PMThe video can be found at Immigration Policy - C-SPAN Video Library (http://www.c-spanvideo.org/program/ImmigrationPolicy19)



hariswaminathan02-12 11:43 AMPeople,

Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?

Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.

something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.

COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ka Sawal Hai"

Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
So this is what i did

a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
b) forwarded the website info to a few of my collegues at work and told them what i did.

I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.

If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.

Hari