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  • Ann Ruben
    04-17 02:21 PM
    Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.

    Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.

    A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.


    Ann




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  • Dhundhun
    07-10 01:43 AM
    .. X made appeal and you continued working with X. Why do you think this to be illegal?

    .. Y applied for H-1B transfer and it got approved. So why do you think problem in joining Y?

    .. I think passport validity of six months used to be OK for Visa Stamping. Check this one. Preferably it is better to get new passport - people are getting some times stuck for months in PIMS.

    .. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.




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  • Kevin Sadler
    July 27th, 2005, 11:05 AM
    Freddy you're good.




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  • nixstor
    06-30 06:35 PM
    Any thing related to EB immigration, whether it be H1B cap/VB/Retrogression, it has been spreading like wild fire and traveling faster than the speed of wire. On one occasion, I felt that we and lawyers are probably giving more input to the USCIS. Some rumor/educated guess kicks off some where and it ends up in the lap of USCIS. Like H1B cap. People predicted and predicted non stop for 2 months that it will be over on day one. Its not a prediction. It was a forced situation to some extent. This whole VB revision is similar, if it happens



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  • cpolisetti
    03-31 03:56 PM
    She was also available for Q&A earlier today on Washington Post. I am quoting one question and answer in particular. Probably she can help in more visibilty of our voice?

    Here is the link for todays Q&A:

    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html



    Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.

    I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?

    Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.



    Todays article:

    Most See Visa Program as Severely Flawed

    By S. Mitra Kalita
    Washington Post Staff Writer
    Friday, March 31, 2006; D01



    Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.

    They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.

    Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.

    But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.

    Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.

    Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.

    At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.

    Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.

    Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."

    In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.

    "If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.

    The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.

    Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.

    "Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."

    Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.

    It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.

    Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."

    Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.

    Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.

    Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.

    His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."



    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html




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  • NKR
    03-06 04:21 PM
    Guys:
    Everyone is talking EB2....what are the prospects for EB3 - India??

    Is it going to move forward..??

    Good Luck..??
    2002

    Well.. Everybody stopped talking about EB2. It is predicted that EB2 will be unavailable till Oct 2008 and after that nobody knows how EB2 dates are going to move.

    As for EB3, there could be a small movement of 2 to 3 months, I do not think there will be any more movement than that.



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  • makemygc
    08-03 10:34 PM
    maybe they meant 07/1/2007

    See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.

    So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.




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  • smaram1
    11-04 05:51 PM
    gultie2k....i am happy for you...unnecessary stress for you....good that everything ended up well...



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  • ivjobs
    11-07 04:39 PM
    ^^




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  • singhsa3
    10-22 09:05 AM
    But I've got two A#s and so as my spouse...
    I do not think so, even though you have two application , there will be only 1 A# for each applicant.

    We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.

    We did not apply for EAD and AP, through my wife. I applied from my side for both of us.



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  • transpass
    08-01 12:28 PM
    I am pleasantly surprised and would like to thank Sen Mendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.

    No Offense, but please don't misspell the senator/congressman(woman) name...Senator Menendez...

    It might also not look good when someone from IV calls the office and pronounces the name incorrectly...

    Thanks..




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  • geevikram
    04-30 09:44 AM
    this is how cir will end..... with a procedural vote -
    Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)

    bet $100?

    What does that mean?



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  • chintu25
    08-28 10:07 PM
    could you please review this thread
    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html

    if you are a recurring subscriber please mail details to info at immigrationvoice.org. We verify each member before adding in the donor forum.

    mail is bouncing back to that id




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  • skarthy
    08-12 05:54 PM
    hello all,
    Lets say you are a citizen here or your son is a citizen becasue he was born here.
    Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)

    Then when he want to work there dose he have to get a VISA like us comming here to work ?

    I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.

    so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.

    also if you reject the US citizenship and US is not going to give you any visa..ever !



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  • gotgc?
    09-17 11:48 AM
    Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.

    You should relax, in other words.

    That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).

    Good Luck to you.


    *** Not a legal advise ***

    Thanks a lot for all your responses...i am optimistic now...hope they keep my AOS pending as I am from EB3-India, I may not get a chance to refile I-485 with my 2006 PD in the next 20 years....once again, thanks to you all...




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  • yabadaba
    06-18 12:46 PM
    factory man:

    if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.



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  • cygent
    09-15 03:05 PM
    EB3 I-140 is still March 30th, 2007, a whole year behind EB2. EB2 jumped from July 2007 to March 13th, 2008 UNBELIEVABLE :confused: Seems like they just want us to blow our brains out, or whatever little is left of it anyway... This is just so sick.




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  • pappu
    08-22 08:06 PM
    I don't think the core is even bothered to take up on issues like this where USCIS operations is concerned..

    why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...

    Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....

    Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.

    Wrong.
    We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.

    Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!




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  • GCanyMinute
    08-23 08:28 AM
    :D That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!

    hahaha that was really funny!!
    ...but also sad for those folks that are waiting :(
    Good Luck guys!




    abhijitp
    10-30 05:35 PM
    If it is the first time, they might ask for a birth certificate

    We got a new SSN for my wife after we got her EAD in the mail. They did not ask for the birth certificate. They only needed a valid id (such as passport/ driving license) + the EAD card + completed application form. We got the SSN card in less than 10 days, but I think this depends on where you are. If it helps, we were told 10 days, and we actually got it in 10 days.




    eucalyptus.mp
    02-18 08:58 AM
    he is asking me to go back to India after March



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