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  • greatguy
    08-24 05:08 PM
    A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).

    What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?

    Incidentally, How many applications are there in the backlog processing center by priority year ?





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  • freddy22
    04-25 02:32 PM
    Thats why If you dont want to live here, move out. Why are you yelling here.

    First control your son for his stupid behaviour. Then start talking about america.

    I looked into all your old posts. See your son is involved in how many felonies

    1 felony on record;

    no FELONIES...
    and remember this DUFUS it was US from England that discovered YOUR country...not AMERICANS
    So stuff that where it needs to be stuffed





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  • Mahatma
    07-28 09:16 AM
    This is a sort of repeat post for me BUT for the sake of forward movement, I am supporting this motion forward.

    Those who received Green should contribute as much as possible. Sometimes, splitting contribution to recurring (instalment) payments works wonder. This is called small is beautiful in India and Kaizen in Japan. According to this philosophy, if you make 5 phone calls everyday with consistency, you could make numerous calls over a period of time. However, if you try to make 100 calls a day, it does not go much farther.

    Material contribution (money) is important to sustain IV (keeping website up and running, maintenance and other overheads) in this corporate country.

    However, intellectual contribution is very important as well. For some reason if monetary contribution could not be made, one could contribute by knowledge-sharing. Rational and analytical thoughts, balanced ideas and responsible opinions are a huge asset and let us make IV knowlede-driven, smart and sharp organization.

    Bottomline: Contribute by thoughts, donations and best still, both.

    Remember: We are knowledge workers and we can do things smartly and practically.

    Go Ivians!!





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  • StuckInTheMuck
    07-17 07:46 AM
    3 weeks seem to be still in the ballpark. Took about that long to get my FP notice too. Did you e-file? Paper-filers do not get FP notice.



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  • lacrossegc
    09-23 11:40 AM
    You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....

    OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.





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  • pappu
    12-05 08:24 AM
    That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney
    http://immigrationvoice.org/forum/showthread.php?t=2453



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  • mdipi0
    11-17 09:54 PM
    wtf? this isnt mine! omg! :P! kirupa can you tell me whose account this is? this is mdipi.com. i used my BBForum name by accident and look what happend! :P. if you could tell me that would be great.





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  • dpp
    06-04 02:10 PM
    but in this case the H1b stamp on my passport is still valid and not expired.

    i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.

    port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....

    There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.

    Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.

    There will be no issue. As a precaution, carry all original old approval notices also.

    They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.

    Good luck.



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  • stucklabor
    07-11 05:22 PM
    Alabaman,

    Legal is referring to me as the stuck moderator who may not like your making fun of a Representative on this forum.

    I deleted a post of his that made fun of Rep. Sensenbrenner's name.

    He doesn't realize that we, the IV core team, now have to go hat in hand to the same Rep. Sensenbrenner to have the SKIL bill passed through the House Judiciary committee.

    Legal wants the rest of us to pay for his freedom of expression - and no value add - on this public forum.

    Enough said from me on this issue.





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  • jtad
    07-25 04:53 PM
    This idea is ridiculous. Blood donation is a sign of protest????? If you think giving blood is so bad and you want to protest in that way, you will not gain sympathy.

    THIS IS A BAD IDEA FOR A PROTEST!

    Saying that the idea is rediculous is what is ridiculous. Respect others way of thinking, agreeing or disagreeing is different. Criticize polietly...
    Where did you get the idea that to protest means to do something "bad"?...



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  • sobers
    02-16 04:11 PM
    This story below just goes to show that if smart scientists and engineers are not available here (because of low skilled immigation and the decepit STEM education), then jobs will continue to be outsourced to where the job can be done. Not only does the U.S. lose brainpower, it loses significant tax revenue which would otherwise have been available if the jobs were located in the U.S. And then, not only do skilled immigrants bring their skills to work for America, they also help build the local economy (home/auto, other capital investments, etc besides local/state/county taxes...).


    -------------

    NEW YORK TIMES

    By STEVE LOHR
    Published: February 16, 2006
    The globalization of work tends to start from the bottom up. The first jobs to be moved abroad are typically simple assembly tasks, followed by manufacturing, and later, skilled work like computer programming. At the end of this progression is the work done by scientists and engineers in research and development laboratories.

    Skip to next paragraph
    Report From Ewing Marion Kauffman Foundation A new study that will be presented today to the National Academies, the nation's leading advisory groups on science and technology, suggests that more and more research work at corporations will be sent to fast-growing economies with strong education systems, like China and India.

    In a survey of more than 200 multinational corporations on their research center decisions, 38 percent said they planned to "change substantially" the worldwide distribution of their research and development work over the next three years � with the booming markets of China and India, and their world-class scientists, attracting the greatest increase in projects.

    Whether placing research centers in their home countries or overseas, the study said, companies often use similar criteria. The quality of scientists and engineers and their proximity to research centers are crucial.

    The study contended that lower labor costs in emerging markets are not the major reason for hiring researchers overseas, though they are a consideration. Tax incentives do not matter much, it said.

    Instead, the report found that multinational corporations were global shoppers for talent. The companies want to nurture close links with leading universities in emerging markets to work with professors and to hire promising graduates.

    "The story comes through loud and clear in the data," said Marie Thursby, an author of the study and a professor at Georgia Tech's college of management. "You have to have an environment that fosters the development of a high-quality work force and productive collaboration between corporations and universities if America wants to maintain a competitive advantage in research and development."

    The multinationals, representing 15 industries, were from the United States and Western Europe. The authors said there was no statistically significant difference between the American and European companies.

    Dow Chemical is one company that plans to invest heavily in new research and development centers in China and India. It is building a research center in Shanghai, which will employ 600 technical workers when it is completed next year. Dow is also finishing plans for a large installation in India, said William F. Banholzer, Dow's chief technology officer.

    Today, the company employs 5,700 scientists worldwide, about 4,000 of them in the United States and Canada, and most of the rest in Europe. But the moves overseas will alter that. "There will be a major shift for us," Mr. Banholzer said.

    The swift economic growth in China and India, he said, is part of the appeal because products and processes often have to be tailored for local conditions. The rising skill of the scientists abroad is another reason. "There are so many smart people over there," Mr. Banholzer said. "There is no monopoly on brains, and none on education either."

    Such views were echoed by other senior technology executives, whose companies are increasing their research employment abroad. "We go with the flow, to find the best minds we can anywhere in the world," said Nicholas M. Donofrio, executive vice president for technology and innovation at I.B.M., which first set up research labs in India and China in the 1990's. The company is announcing today that it is opening a software and services lab in Bangalore, India.

    At Hewlett-Packard, which opened an Indian lab in 2002 and is starting one in China, Richard H. Lampman, senior vice president for research, points to the spread of innovation around the world. "If your company is going to be a global leader, you have to understand what's going on in the rest of the world," he said.

    The globalization of research investment, industry executives and academics argued, need not harm the United States. In research, as in economics, they said, growth abroad does not mean stagnation at home � and typically the benefits outweigh the costs.

    Still, more companies in the survey said they planned to decrease research and development employment in the United States and Europe than planned to increase employment.

    In numerical terms, scientists and engineers in research labs represent a relatively small part of the national work force. Like the debate about offshore outsourcing in general, the trend, which may point to a loss of competitiveness, is more significant than the quantity of jobs involved.

    The American executives who are planning to send work abroad express concern about what they regard as an incipient erosion of scientific prowess in this country, pointing to the lagging math and science proficiency of American high school students and the reluctance of some college graduates to pursue careers in science and engineering.

    "For a company, the reality is that we have a lot of options," Mr. Banholzer of Dow Chemical said. "But my personal worry is that an educated, innovative science and engineering work force is vital to the economy. If that slips, it is going to hurt the United States in the long run."

    Some university administrators see the same trend. "This is part of an incredible tectonic shift that is occurring," said A. Richard Newton, dean of the college of engineering at the University of California, Berkeley, "and we've got to think about this more profoundly than we have in the past. Berkeley and other leading American universities, he said, are now competing in a global market for talent. His strategy is to become an aggressive acquirer. He is trying to get Tsinghua University in Beijing and some leading technical universities in India to set up satellite schools linked to Berkeley. The university has 90 acres in Richmond, Calif., that he thinks would be an ideal site.

    "I want to get them here, make Berkeley the intellectual hub of the planet, and they won't leave," said Mr. Newton, who emigrated from Australia 25 years ago.

    The corporate research survey was financed by the Ewing Marion Kauffman Foundation, which supports studies on innovation. It was designed and written by Ms. Thursby, who is also a research associate of the National Bureau of Economic Research, and her husband, Jerry Thursby, who is chairman of the economics department at Emory University in Atlanta.





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  • hoolahoous
    01-14 10:34 AM
    i also find it disturbing that USCIS is trying to define its own definition of employer-employee relationship. As long as a company pays a person, that person is employee. They have no right to demand that there needs to be immediate supervisor from same company onsite or that company needs to provide the itinerary for employee.
    I know job market is bad, but hunting down H1b's is not going to make it better.



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  • willgetgc2005
    04-24 11:47 PM
    dilbert_cal / others,

    I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?

    Thanks

    _________________________________________________


    If your previous company has closed down, there isnt any way you can port the PD.

    PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.

    Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.





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  • JunRN
    08-26 03:22 AM
    It seems that all those whose application were sent to TSC, directly or indirectly, are very lucky. TSC has a way to fast-track the processing of applications. It is indeed much more efficient than NSC.



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  • newuser
    02-23 03:54 PM
    Me too.

    I use IE 7.0





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  • fittan
    09-18 11:18 AM
    vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?

    wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.



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  • fide_champ
    02-15 08:30 AM
    Does anyone have any experience visiting canada with an expired US visa and then returning back to US showing just the approval notice? I heard you don't need to get a new stamping if you are returning before 30 days.





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  • smaram1
    08-12 12:42 PM
    you might be correct too...I guess we will never get a definite answer for this...





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  • Leo07
    05-20 04:12 PM
    How many in this forum are yet to file AOS?
    Hello Members,

    I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.





    la_guy
    07-28 05:01 PM
    i too got LUD on the AP on 7/27. should be system upgrade. hope this helps.





    psychman
    11-11 07:00 PM
    This is almost identical to the Modifying a Databound Collection case: http://www.kirupa.com/blend_wpf/modifying_databound_collection_pg1.htm


    Thanks again Kirupa. I went back over the above post and it helped me answere some of the questions I had, but I do have one more if you don't mind. I have this little project almost wrapped up now. When complete the app will do the following:

    -Imports Metadata.xml file generated by Deep Zoom Composer
    -On import it will populate the databound image and text boxes with the original data
    -On import it will also add four new "tag" elements to the original xml file
    -The user will be able to navigate all of the original images and coresponding tags (your MIX08 presentation helped me create the navigation piece ((thanks!))
    -The user can add new "tag" data to any of the old and new fields and the new data will overwrite the original xml file when the "save" button is clicked.

    I have everything working great. Now I just need to figure out how to take my new "tag" elements and add them into all of the nodes on import. I know how to do this to one node, but I am not sure how to add the new elements to every "Image" node in the file. Here is the code I am using to make this work for the first node:



    XmlDocument doc = new XmlDocument();
    doc.Load (variable pointing to xml file);

    XmlDocumentFragment docFrag = doc.CreateDocumentFragment();
    docFrag.InnerXml = "<testItem> test </testItem>";
    doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);

    doc.Save("Metadata.xml");