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  • Lou_Sifffer
    04-17 11:07 PM
    See, what I am getting at here is.......

    MOST employers dont give a rats tail about how you talk so as long as you can dish out good design and do it FAST!

    You most likely wont be speaking to clients, thats what Project managers and salesman are for.

    how old do you have to be to work for someone? i mean like.. say ur 14.. and ur better than someone thats older than you and u do a really good job?

    can u still go for a job and get paid?

    - Matt :mu:
    Did he ask about a specific job?

    No. There you go assuming he meant in a web company. You also assume that MOST jobs have salesmen and project managers. Not facts. Actually errors.

    Probably not a good idea to assume. Although you probably already knew that.





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  • GCIsLuck
    10-05 01:54 PM
    I received IRS tax audit check for year 2005 last week. I guess mostly I can defend my audit and I have scheduled an appointment with IRS tax manager for next week

    However god forbid if I have to pay penalty on audit,I was wondering this would impact anything on my 485 process. Does it have any impact

    Appreciate your thoughts.

    If anyone faced this problem please, please give ur ideas





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  • savigans
    10-24 05:01 PM
    I'm in a similar situation:

    EB2 LC Priority Date: August 25, 06
    I-140 pending
    Received I-1485 receipt notice and EAD
    I-485 Reciept Date: August 1st, 07

    I want to do an internal move from the position of "Software Engineer, Test Automation" to "Software Engineer, Webapp Developer". The job duties are similar but not exactly the same. Also, the job qualifications for the first job required BS + 5 (which I don't have yet) or MS (which I have). My company specifically made it this way for me. But the job qualifications for the new job is just BS + 3 (this is apparently not EB2). But now they are not willing to change the job qualifications for the new job to be EB2 since they have to do recruiting/advertisement reports, etc. for the new position.

    My lawyer says its illegal to change job duties w/o notifying USCIS. They say I cannot do that even with an approved EAD. Is this true? If so, is there any USCIS documentation backing this.

    Thank you for all the great work you guys do.





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  • file485
    02-28 02:04 PM
    I spoke to 2 attorneys...we just cant trust them..it will be finally we who will get screwed big time..

    1 said, we can get an RFE asking for the latest i94.
    2nd said...in the worst case senario..we will get the H1 issued without the i94..which means that we have to back to home country for H1 stamping..that will be a nightmare in Madras in my case..!!



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  • dan19
    02-08 05:54 PM
    Read this...United Nations had posted this in some other forum.

    >>>>

    Here is the easiest reading. It is from November 2005 bulletin. They specifically stated that the 7% limit was going to apply.

    http://travel.state.gov/visa/frvi/b...letin_2712.html

    D. EMPLOYMENT PREFERENCE VISA AVAILABILITY

    The backlog reduction efforts of both Citizenship and Immigration Services and the Department of Labor continue to result in very heavy demand for Employment-based numbers. The amount of cases currently being processed is sufficient to use all available numbers in many categories. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.

    WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?

    The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.

    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
    Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
    WILL THERE BE CUT-OFF DATES FOR ANY ADDITIONAL FOREIGN STATES IN THE FIRST AND SECOND PREFERENCE CATEGORIES?

    It may be necessary to establish a cut-off date for the “All Chargeability Areas” Second preference category at some point during the second half of the fiscal year. It is too early to estimate whether future demand will warrant such action. As of October 1st, cut-off dates for the First and Second preferences for China and India were established due to heavy demand; cut-off date movement is expected to be limited until a demand pattern has been determined.

    WHY ARE THERE CUT-OFF DATES THIS YEAR AS OPPOSED TO PREVIOUS YEARS, WHEN THE CATEGORIES WERE CURRENT?

    While the Employment categories had been “Current” for almost four years, several important factors affected the decision to implement cut-offs for FY-2006.

    Prior to July 2001, demand for Employment numbers was such that cut-off dates were in effect for many categories, and that is the case once again for FY-2006.
    The reasons the Employment categories had become current were:

    The American Competitiveness in the Twenty-First Century Act (AC21) recaptured a “pool” of 131,000 Employment numbers unused in fiscal years 1999 and 2000, and allowed those recaptured numbers to be used by the oversubscribed countries, and
    The substantial decline in demand for numbers for adjustment of status cases prevented the annual limits from being reached for several years.
    In FY we are faced with continuing heavy demand due to the DHS and DOL backlog reduction efforts, along with an Employment limit which is approximately 40% lower than that of FY-2005. The lower annual Employment limit is a result of the virtual elimination of the “pool” of recaptured AC21 numbers, returning us to the pre-July 2001 situation.

    WHAT ABOUT SCHEDULE A NUMBERS?

    The 50,000 Schedule A numbers will provide relief to many Employment preference applicants, since any Schedule A applicant whose priority date is beyond the relevant Employment preference cut-off date can be processed and charged against the 50,000 limit. It is expected that Schedule A numbers will be available on a “Current” basis throughout all of FY-2006.

    HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
    The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
    In recent years, the application of the rules outlined in AC21 has allowed countries such as China – mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
    During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
    To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.





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  • HereIComeGC
    10-02 01:54 PM
    Thank you Hermione (Granger?)

    What about salary requirements? would it be okay if I get 20-30% lower
    salary? Do I have to be getting paychecks every month?



    Absolutely. Assuming your I-140 is approved/approvable and will not be withdrawn, you will be able to AC21 to your new position after 180 days of I-485 pending. And the best thing, it will only depend on similarity of the job, and no ability to pay questions. Good luck!



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  • skd
    08-20 01:28 PM
    that you will attend the DC rally... I won't tell you if I got the receipt notice;)

    (I filed my AOS on July 2 at TSC)

    TSC has officially progressed to 6/30 so the July filers should now start receiving their receipt notices! But the question is, what do we do after we get them, or in the worst case, if our AOS got rejected? There is nothing you or I can do at this time... the deadline to re-submit is over on August 17th.

    The root cause of the whole problem is retrogression & country caps, and unless we speak up about it in one voice, no one will do anything to fix that root cause!

    So keep looking at the road as you drive, but also take a moment to look beyond the next 1 mile... where there is a traffic jam in which you and I will get stuck for the next 5 to 10 years... unless we do something about it.. together!

    So, please take a break from tracking receipts, and decide how long you are willing to renew EADs and worry about following the complex AC21 rules & regulations. If you are like me and not willing to do that forever, then make up your mind and attend the DC rally!

    If you attend the rally, you can travel to DC for free/ a fraction of the cost, please look at these threads:

    http://immigrationvoice.org/forum/showthread.php?t=12566

    http://immigrationvoice.org/forum/showthread.php?t=12441

    Thanks!

    Nice of you abhijitp, I amd northwest part of country won't be able to make it , But I am telling my friends in Tri-State and VA to attend that





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  • gcformeornot
    06-21 06:40 PM
    ^^^^^^^^^^^^^^^^



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  • abhaykul
    03-27 09:40 AM
    Source: Immigration-law,
    Senator Durbin apparently going after Desi employers and Desi Outsourcing companies !

    03/27/2007: Continuing Confusion in Immigration Reform Legislation

    It is only one week that the immigrant community was elated by the introduction of a fantastic immigration reform bill (STRIVE) by Congressman Gutierrez in the House, but on the Senate side, there is a mess that is continously developing. We reported earlier that the two bipartisan leaders of Senator McCain and Senator Kennedy reportedly rifted their partnership. Now, another Senator is about to add confusion to this mess. News report indicates that Senator Durbin of Illinois may introduce within this week a legislation to put a block on the H-1B abuse and restrict the H-1B worker petitions. This move is totally shocking considering the fact that a rosy H-1B reform was just introduced as part of the STRIVE Act of 2007.
    Reportedly, Senator Durbin will propose to make it mandatory that the employers engage in the recruitment of U.S. workers prior to filing a H-1B petition and file sworn statement in the form of attestation that they failed to locate a qualified U.S. worker as part of the H-1B petition. Currently, such attestation is mandated for the so-called H-1B dependent employers only. Additionally, the proposal reportedly would mandate the DOL's annual audit of the employers hiring 100 or more employees out of which 15% constitutes H-1B employees. Once such proposal is enacted, there will be substantial changes in the flow of foreign professional workers. At this time, H-1B visas lay a stepping stone for foreign professional workers to land in this country and to apply for permanent residence.
    The late news that the FY 2008 H-1B cap may reach in one day on April 2, 2008 indeed raised a concern in the country as it can be taken as a pervasive abuse of this visa petitions by some employers. Part of the current clog in the employment-based immigrant visas for professional workers is arguably associated with the abuse of these visa petitions. Please stay tuned to this website for the development of this important news.





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  • crzyBanker
    12-15 02:53 PM
    Hi I live in NW Suburbs of Chicago. Count me in.



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  • p_kumar
    09-21 04:40 PM
    does it mean i will get my EAD processed as per my RD which will be much earlier?. :D
    thanks for you response.





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  • chanduv23
    02-11 10:48 PM
    sanjay , prinive - believe me folks, a lot of pushing is needed, not everyone are proactive like you and me. I guess you are in the tri state chapter - you can see for yourself, how many members are active and how many are not. I am also just like you all - the core trusts me to be a chapter lead and I do want to do what best I can - I will be very happy if more and more people come forward and carry things forward.



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  • cygent
    02-11 05:22 PM
    About the process control (one of my fav. subjects :p)

    But seriously folks, let us not waste energy on this thread. There are tasks at hand which more need our attention.

    It i svery hard to make predictions because of the possible distortion in the trend due to the new NC>180 day rule.

    If you know Process Control, we need to wait for it to settle down for at least 2 more months (by June) before the trend starts to normalize.





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  • frostrated
    08-05 03:44 PM
    I spoke to our immigration lawyer today.
    He said that entering on h1 while I have a pending 485 does not affect the 485 in anyway.
    He advised that I enter on h1 even if I have the AP.

    you can enter on H1. There is no issue with it.



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  • sparky_jones
    12-13 10:07 AM
    This is such an obvious hoax. Besides, you have to apply for the diversity visa lottery in order to win it! Also, individuals born in India do not qualify.

    This scam artist is betting on his victims to be real gullible suckers.





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  • vivid_bharti
    05-26 11:29 PM
    Very nice!!!! You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
    The credit card may not be charged, may be charged twice or a valid CC may get rejected.



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  • ras
    01-10 10:16 PM
    labor sub is not neccessarily always bad.
    I have seen lot of folks who were stuck in a bad wait and only way could leave was to use labor sub.
    Having said that, this case seems just bad situation..
    Why couldn't he just check before he filed I140 if someone else has already used that labor?
    It's easy to do...
    Also why not just use I140 premium when it was allowed back then..
    I am thinking someone got greedy and got conned while trying to con immigration system..
    you play with fire .. sometimes fingers get burnt.. I feel pity for this guy but I got no love for him..

    how do u check if a 485 isn't being filed based on I 140





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  • ssdtm
    12-10 05:29 PM
    Checking visa documents before issuing License is one thing. Changing the shape and character of the ID to brand a person “different” is another and purely discriminatory and bad in taste.

    It is like wearing a band on your sleeve with “Immigrant on H1” or “Immigrant on EAD” written so that all the people one interacts with can know that.

    DL is an ID used on daily basis by people – from airport, to get loans, to get insurance, and sometimes even to buy items on credit card.

    Visa status is of no business to any one except Immigration or may be law enforcement authorities.

    Give license for the date as long as the visa is valid. Sounds okay. But discriminatory branding of a person's status via his ID is not just an immigration issue; it is a human rights issue. These kinds of laws are more insidiously un-democratic and discriminatory than it may initially look like.





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  • sandy_anand
    01-08 10:12 AM
    Satyam in tamil means truth. However, the company CEO is now known for Fraud......how ironic.

    SATYAM in Telugu means TRUTH too...





    coopheal
    03-19 03:39 PM
    None of them addresses EB issues.

    Three High-Skilled Visa Bills Introduced into the House (March 19, 2008)
    Increase in H1B numbers etc.....
    A person with PhD give special immigration status.etc.....


    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5642ih.txt.pdf
    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5634ih.txt.pdf

    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf





    n2b
    12-06 06:04 PM
    put me in



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