Monday, June 27, 2011

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  • Yas
    03-24 10:42 PM
    My employer was planning on sponsoring me, and paying all the filing fees, but the deal was that I was going to pay the lawyer directly for the legal fees. I just found out from a second lawyer that technically we can't do that because it will drop my salary below the prevailing wage. Is there anything I can do to get around this, and still pay the legal fees? Is it completely against the law for me to pay them or is that just an "interpretation of the law"? The other possibility is my husband could pay the fees, but I don't know if that's allowed either.

    Let me know if you have any advice - we have to have everything signed by this Friday.





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  • stonebrook2008
    06-25 11:49 AM
    hi,
    My company allows me to DIY my h1b renewal for my 2nd 3-year term of H1b. My title changed to SENIOR research engineer from research engineer last year. I have the same duty. When I fill out LCA/I129, which should I choose from:

    a. New employment:
    b. Continuation of previously approved employment without change with the same employer
    c. Change in previously approved employment
    d. New concurrent employment
    e. Change in employer
    f. Amended petition

    My wage is ok. Are there any potential problems or things I need to pay attention if I file my H1b extension with new title? or it is perfectly ok?

    Thanks a lot for your attention





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  • Blog Feeds
    06-23 11:30 PM
    The United Food and Commercial Workers Union International, one of the country's major unions, was upset about how raids were conducted in 2006 at Swift meatpacking plants around the country. So they did something about it. They created a commission of experts to hold hearings about work site raids and this week they released their findings in a report entitled Raids on Workers: Destroying our Rights. According to the UCFW: �This commission was formed to examine allegations of abuse and misconduct by ICE agents during the course of immigration raids,� said Joseph T. Hansen, founding chairman of the commission and...

    More... (http://blogs.ilw.com/gregsiskind/2009/06/commission-report-criticizes-work-site-raids.html)





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  • Blog Feeds
    08-07 09:40 AM
    Those of you who have been reading this blog awhile will recall the many posts I've written regarding major problems in the system of detention for immigrants facing potential deportation. Nina Bernstein of the New York Times reports this morning that the White House will enact a series of reforms designed to curb abuses. Some of the promised changes are vague, but an immediate step will be an end to sending families to the Hutto detention facility in Texas, a location that has been the source of many complaints.The Administration is apparently looking at more alternatives to detention for non-violent...

    More... (http://blogs.ilw.com/gregsiskind/2009/08/obama-administration-announces-plans-to-reform-ice-detention-system.html)



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  • rexjenn
    07-19 08:23 PM
    ...





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  • ArkBird
    12-13 01:55 PM
    Checked with my lawyer who also happened to be ex-IO officer. According to her it could be because of NC clearance...



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  • kilubilu46
    11-08 07:18 PM
    Hi All

    Here's my experience. I only have original receipt notice for H1 extension. Local offices in Jersey City and Bayonne wouldn't renew driving license. I went to Trenton. There the supervisor's name is Jewel. She checked their TVR book and that says H1 extension receipt notice is enough for 8 months renewal. She helped me with that and said she would tell their bosses about the local offices.





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  • Blog Feeds
    12-05 09:20 PM
    I'm going to guess that the same folks in the Tea Party screaming about the deficit will somehow find this breaking news to be irrelevant. Of course, they also think the sky's the limit when it comes to spending on immigration enforcement. So much for being consistent. I'm in France until Sunday and blogging from my iPad. I'm having a little trouble with links so please cut and paste this link in your web browser to read te CBO report - http://www.cbo.gov/doc.cfm?index=11991.

    More... (http://blogs.ilw.com/gregsiskind/2010/12/cbo-dream-act-would-cut-deficit-by-3-billionyear.html)



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  • martinvisalaw
    03-18 03:57 PM
    Yes. The petition will be like a regular change of employer H-1B petition. The lawyers will tell you what documents they need from you when filing the company's H-1B petition.





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  • trs80
    05-25 03:20 PM
    Recently I registered in this website and I found is a great way to express our needs and keep informed about the immigration debate.

    I see that PR and USVI are no listed in the state list. Here live a lot of H and L visa holders.

    Recently my company lawyers told me that they summit my LC application using PERM.
    What is the estimated time to get the Labor Certification?

    Any idea of the GC process time in PR (I think that processing center is Vermont) ?

    Thanks,

    trs80



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  • Pagal
    07-05 03:23 AM
    Hello,

    Sorry to read about that....

    Are you legally in US i.e. can you travel in and out of US?
    If not, then this forum may not be of use to you as the forum exlcusively addresses the issues surrounding legal immigration

    Are you authorized to work in US i.e. do you have a social security number that is valid for employment
    If yes, then you should report the abusing woman to police. If not, then you maybe in viloation of US employment and immigration laws





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  • smartimss
    10-23 02:09 PM
    Dependent application got approved and received card in couple of months back but primary application is still pending? Is any one in same boat? Please advice?



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  • Blog Feeds
    04-17 08:30 AM
    Roll Call reports that Reid is also now talking about passing the bill in the lame duck session of Congress after the election.

    More... (http://blogs.ilw.com/gregsiskind/2010/04/reid-i-still-intend-to-pass-reform-in-2010.html)





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  • wonderlust
    07-10 01:48 PM
    Dear All,
    Based on the lessons and experience gained from last Saturday demonstration in San Jose, we are organizing another protest this Saturday. A newly established yahoo group is working actively on preparing for this week's event.

    We have been impressed with the participation from IV members. Please join the Yahoo group if you are in or near the San Jose area. Every bit of support and help is immensely valuable!

    Yahoo group:

    http://groups.yahoo.com/group/immigration_right_2007

    Thank you!

    Wonderlust



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  • swetha87
    05-06 11:09 AM
    Hello

    My friend is in a wierd situation.

    His employer applied for H1b under premium processing in USA, the application was sent back as some information was missing under 221g. The employer has submitted the application again. Does anybody know how long will it take for the application to be processes as it was initially filed under premium processing?

    Also, since now the H1b approval is not confirmed, He is under OPT and it expires in Aug 2011. Can he apply for STEM extention as his employer is e verified. so incase his h1b is not approved he can still continue to work under OPT. Is it possible to get the STEM extention while his H1b is still under processing? Need you urgent advise. Please help!!

    Thank you.





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  • rajuram
    08-04 04:11 PM
    Should the check made out to "Department of Homeland Security"?


    Should the checks stapled with each form (485, 131, 765) or kept on top of the packet?



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  • Bolt
    03-27 08:48 PM
    Hi,

    I was an employee with company A till march 2008 and i kept a H1b transfer to
    company B on march 24th 2008. I was working to company B for an year
    on receipt number applied for h1b transfer at USCIS. I got an RFE with
    company B in sept 2008 mean while my I-94 got expired on August 2008.
    Company B answered the RFE and submitted to USCIS on October 2008.
    After waiting for H1B transfer to get approved it got denied on march 10th
    2009.

    Now i wanted to change my status from H1b to F1(CPT).My questions are
    1. If i apply for transfer from H1B to F1 will i be getting New I-94 from
    USCIS?
    2. Should i be going back to india for getting stamped after i change my
    status to F1 ?
    3. Can i be on a student status from the day i receive the receipt notice
    from USCIS for change of status ?

    I would really appreciate your help regarding this issue..





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  • hibworker
    06-08 03:02 PM
    If you have a valid I-94 i.e. not expired, you can apply for another I-539 to F1 - make sure to make the application stronger than last time.

    If your I-94 is applied, you have no choice but to leave the country and get F1 visa in your home country and come back.





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  • Macaca
    06-05 07:40 PM
    Discontent Over Iraq Increasing, Poll Finds (http://www.washingtonpost.com/wp-dyn/content/article/2007/06/04/AR2007060401230.html) Americans Also Unhappy With Congress, By Dan Balz and Jon Cohen (http://projects.washingtonpost.com/staff/email/dan+balz+and+jon+cohen/), Washington Post Staff Writers, Tuesday, June 5, 2007

    Growing frustration with the performance of the Democratic Congress, combined with widespread public pessimism over President Bush's temporary troop buildup in Iraq, has left satisfaction with the overall direction of the country at its lowest point in more than a decade, according to a new Washington Post-ABC News poll.

    Almost six in 10 Americans said they do not think the additional troops sent to Iraq since the beginning of the year will help restore civil order there, and 53 percent -- a new high in Post-ABC News polls -- said they do not believe that the war has contributed to the long-term security of the United States.

    Disapproval of Bush's performance in office remains high, but the poll highlighted growing disapproval of the new Democratic majority in Congress. Just 39 percent said they approve of the job Congress is doing, down from 44 percent in April, when the new Congress was about 100 days into its term. More significant, approval of congressional Democrats dropped 10 percentage points over that same period, from 54 percent to 44 percent.

    Much of that drop was fueled by lower approval ratings of the Democrats in Congress among strong opponents of the war, independents and liberal Democrats. While independents were evenly split on the Democrats in Congress in April (49 percent approved, 48 percent disapproved), now 37 percent said they approved and 54 percent disapproved. Among liberal Democrats, approval of congressional Democrats dropped 18 points.

    Bush's overall job-approval rating stands at 35 percent, unchanged from April.

    Many Democratic activists have complained that the 2006 midterm election results represented a call for a course change in Iraq and that so far the Democratic-controlled Congress has failed to deliver.

    Deep public skepticism about Iraq, concerns about the Democrats and Bush, and near-record-high gasoline prices appear to have combined to sour the overall mood in the country. In the new poll, 73 percent of Americans said the country is pretty seriously on the wrong track, while 25 percent said things are going in the right direction.

    That gap is marginally wider than it was at the beginning of the year and represents the most gloomy expression of public sentiment since January 1996, when a face-off between President Bill Clinton and a Republican-controlled Congress over the budget led to an extended shutdown of the federal government.

    Among the nearly three-quarters of Americans expressing a pessimistic viewpoint, about one in five blamed the war for their negative outlook, and about the same ratio mentioned the economy, gas prices, jobs or debt as the main reason for their dissatisfaction with the country's direction. Eleven percent cited "problems with Bush," and another 11 percent said "everything" led them to their negative opinion.

    The new poll showed that Americans have recalibrated their view of who is taking the lead in Washington. Earlier this year, majorities of Americans said they believed that the Democrats were taking the initiative in the capital, but now there is an even split, with 43 percent saying Bush is taking the stronger leadership role and 45 percent saying the Democrats are.

    That shift occurred across the political spectrum. In April, 59 percent of independents said Democrats were taking a stronger role, but that figure has dropped 15 points, to 44 percent.

    The political machinations over the Iraq war funding bill have been the dominant news event in Congress for much of the spring, and the Democrats' removal of the provision linking funding to a withdrawal deadline came shortly before the poll was taken.

    In April, the public, by a 25-point margin, trusted the Democrats over Bush to handle the situation in Iraq. In this poll, Democrats maintained an advantage, but by 16 points. There has been an erosion of support for Democrats on this issue, but not a corresponding movement to Bush. Among independents, trust for the Democrats is down eight points, mostly because of a six-point bump in the percentage who said they trust "neither."

    Congressional Democrats also are preferred over Bush -- whose own approval ratings remain near career lows -- on immigration (by 17 percentage points), the economy (by 18 points) and even, albeit narrowly, on handling the U.S. campaign against terrorism (by six points).

    But it is the war in Iraq -- the most important issue in the 2006 campaign -- that has the most potential to reshape the political landscape.

    Overall, 61 percent in this poll said the war was not worth fighting, and nearly two-thirds said the United States is not making significant progress restoring civil order in Iraq. However, there is no such general agreement about what to do.

    In this poll, 55 percent -- a new high -- said the number of U.S. military forces in Iraq should be decreased, but only 15 percent advocated an immediate withdrawal of American troops. An additional 12 percent said U.S. forces should be out of Iraq sometime this year.

    Since the Iraqi parliamentary elections in November 2005, consistent majorities of Americans have said U.S. troops should be drawn down; support for an immediate, complete withdrawal has also remained relatively stable, never exceeding two in 10. And there similarly has been little change across party lines: 25 percent of the Democrats surveyed wanted all American military forces out of Iraq now, compared with 13 percent of independents and 6 percent of Republicans, with all percentages about the same as in late 2005. Support for the immediate removal of U.S. forces peaked at 32 percent among African Americans.

    Public attitudes about the size of U.S. military forces in Iraq and about the war more generally are closely related to views about the centrality of the situation in Iraq to the broader battle against terrorism, another flashpoint between Bush and congressional Democrats. (In this poll, nearly six in 10 agreed with the Democratic position that the two are separate issues.) Overall, more than seven in 10 of those who said Iraq is an essential component of the terrorism fight wanted U.S. troop levels in Iraq to be increased or kept the same, while more than seven in 10 of those seeing the issues as separate thought that some or all troops should be withdrawn. Among independents who said the United States can succeed against terrorism without winning in Iraq, 70 percent supported decreasing troop levels, compared with 23 percent of those who saw victory in Iraq as pivotal.

    This Post-ABC News poll was conducted by telephone May 29 to June 1 among a random sample of 1,205 adults. Results from the full poll have a margin of error of plus or minus three percentage points. Sampling error margins are higher for subgroups.


    Washington Post-ABC News Poll (http://www.washingtonpost.com/wp-srv/politics/polls/postpoll_060307.html)
    The Washington Post - ABC News Poll: Iraq War Apprehension (http://www.washingtonpost.com/wp-dyn/content/graphic/2007/06/05/GR2007060500108.html)





    senglory
    06-23 10:15 AM
    How can I get know if my H1B was cancelled or not? Of course without asking about it my last employer.





    riazahamed
    11-19 09:39 PM
    Applied for Non RIR labor during April 2004 under EB2 in Ohio. Employer changed address (in same city) and one year before. Last week I came to know that Dallas BEC closed my labor case since they didnot recd the 45 day letter response from my employer. My employer requested Dallas BEC (with proof of informing them the address change) last week to re-open my labor case to continue processing the labor approval. My employer says it's better to apply for a new PERM as a backup.

    Can the IV members advise me how to proceed on this?
    Thanks.



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