harivenkat
08-03 03:31 PM
fyi... not sure what this meant...
-----------------------------------------------------------------------------
August 3, 2010
Dear XYZ,
Thank you for contacting me about changing H-1B and L-1 immigration policy. I understand your concerns.
As you may know, Senator Richard Durbin (D-Illinois) introduced the H-1B and L-1 Visa Reform Act (S.887) on April 23, 2009. This legislation would change current immigration laws to limit the number of special occupation and intra-company transfer workers permitted to receive United States visas. It would also increase the oversight of H-1B and L-1 visa holders to reduce fraud and abuses in the system. This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Should this or related legislation come before me for a vote, I will keep your views in mind.
Thank you again for contacting me. Please continue to keep me informed about issues of concern to you and your family.
Sincerely,
United States Senator
-----------------------------------------------------------------------------
August 3, 2010
Dear XYZ,
Thank you for contacting me about changing H-1B and L-1 immigration policy. I understand your concerns.
As you may know, Senator Richard Durbin (D-Illinois) introduced the H-1B and L-1 Visa Reform Act (S.887) on April 23, 2009. This legislation would change current immigration laws to limit the number of special occupation and intra-company transfer workers permitted to receive United States visas. It would also increase the oversight of H-1B and L-1 visa holders to reduce fraud and abuses in the system. This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Should this or related legislation come before me for a vote, I will keep your views in mind.
Thank you again for contacting me. Please continue to keep me informed about issues of concern to you and your family.
Sincerely,
United States Senator
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chandupatla
02-25 10:22 AM
Thanks for sending the information..and one more thing is there any road test?
Blog Feeds
12-05 09:20 PM
This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
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newh1user
01-29 06:03 PM
Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
more...
gjoe
10-03 02:41 PM
First let us get USCIS to process our applications strictly based on PD. Then we will have more people for the rally because new PD date members would be more motivated to participate in the grassroot effort
pt326bc
09-28 09:03 AM
It is possible that the employer may sue you. But since you would be finding a new job, you can always ask your new employer to give you a sign-on bonus which will be equal to or greater than the expenses demanded by your present employer.
Thats my 2 cents worth.
You say your employer is paying you very little. Is it the same as what is mentioned in Labor Cert or your H1 petition?
If that is the case you could actually contact DOL/USCIS and report him for fraud. This also involved some risk on your part if your current pay is less than what is mentioned on H1 petition.
Alternatively if you get better pay with your new employer then you could use that to pay your current employer (wouldn't be more than $5000 if you are paying him the going rate for GC). Would be a lot less hassle that way.
Anyway most people pay for their green card procesing out of their own pocket. So don't think of the employer paying your GC as free lunch :)
Regards.
Thats my 2 cents worth.
You say your employer is paying you very little. Is it the same as what is mentioned in Labor Cert or your H1 petition?
If that is the case you could actually contact DOL/USCIS and report him for fraud. This also involved some risk on your part if your current pay is less than what is mentioned on H1 petition.
Alternatively if you get better pay with your new employer then you could use that to pay your current employer (wouldn't be more than $5000 if you are paying him the going rate for GC). Would be a lot less hassle that way.
Anyway most people pay for their green card procesing out of their own pocket. So don't think of the employer paying your GC as free lunch :)
Regards.
more...
dealsnet
03-30 12:37 PM
OP says 'My Green Card gets approved today, while my wife and son's stays pending.'
His GC approved. Waiting for card. Do you read some thing else?
If he want to ask hypothetical question, he is a stupid to start a thread.
I thought the OP was making a case for getting his question answered.. that doesn't mean the case is necessarily true now.
And I think if you read further down, the op himself said he didn't get his GC yet, but his question was "what if?"...... guys read before you post ;)
pal :)
His GC approved. Waiting for card. Do you read some thing else?
If he want to ask hypothetical question, he is a stupid to start a thread.
I thought the OP was making a case for getting his question answered.. that doesn't mean the case is necessarily true now.
And I think if you read further down, the op himself said he didn't get his GC yet, but his question was "what if?"...... guys read before you post ;)
pal :)
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new_horizon
08-03 04:27 PM
I received the same reply from Sen Debbie Stabenaw's office. I agree that they have a standard reply to all such questions. Really bad.
more...
jcrajput
12-31 10:28 AM
Thank you.
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gaz
07-23 02:26 PM
try talking to Alanita Travels
ALANITA TRAVEL - FLY WITH US TO INDIA (http://www.alanitatravel.com/)
PS - I am not affiliated in any way with them - other than having used their services in the past.
In my experience, going to the airlines respective websites get you a similar deal. Try
Emirates
Lufthansa
singapore
malaysian
British
American
delta
continental
jet
etc...
ALANITA TRAVEL - FLY WITH US TO INDIA (http://www.alanitatravel.com/)
PS - I am not affiliated in any way with them - other than having used their services in the past.
In my experience, going to the airlines respective websites get you a similar deal. Try
Emirates
Lufthansa
singapore
malaysian
British
American
delta
continental
jet
etc...
more...
anandrajesh
03-30 09:32 PM
No Bro. I told them when i came to US in 2000 the salary was 1/20 or 1/25 of what I can make in US. So US was an attractive option. Now the salaries in India are close to 10 lacs per annum, it turns out to be 1/4 or 1/5 of what i make here. With less taxes, less cost of living and facilities in india good enough i guess i live a happier life in India than here.
SO i was presenting him my point that moving back to India may turn out to be a wonderful decision than getting stuck here. If every highly qualified immigrant take this decision and leave, US will be at loss. I did manage to convince him that losing us is a bad thing for US economy. That is how he managed to portray my story in a good way.
SO i was presenting him my point that moving back to India may turn out to be a wonderful decision than getting stuck here. If every highly qualified immigrant take this decision and leave, US will be at loss. I did manage to convince him that losing us is a bad thing for US economy. That is how he managed to portray my story in a good way.
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perm2gc
12-25 02:31 PM
Hi Perm,
When I requested the company they sent me the "Wage report" form.
I am trying to understand if this is really the "unemployment wage report"?, Is there a specific form number that I need look for and request the company to send me the specific form. It would be helpful if there is specific information related to this form.
Thanks a lot for all your help and valuable information.
Merry Christmas!
Thanks & Regards,
Chak
The Consulate only asks wage report for your company.It will not ask for entire state of California.The Wage Report you company send is enough but one more time just cross check with your company attorney before sending them to consulate.
When I requested the company they sent me the "Wage report" form.
I am trying to understand if this is really the "unemployment wage report"?, Is there a specific form number that I need look for and request the company to send me the specific form. It would be helpful if there is specific information related to this form.
Thanks a lot for all your help and valuable information.
Merry Christmas!
Thanks & Regards,
Chak
The Consulate only asks wage report for your company.It will not ask for entire state of California.The Wage Report you company send is enough but one more time just cross check with your company attorney before sending them to consulate.
more...
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paskal
08-22 07:03 PM
I am also from MN. Living in Minnetonka. Willing to know anyone going for Rally.
many are going! we are planning a bus....
please join the chapter- click on the link below and provide all the info requested- we will be delighted to include you in our plans!
Dean- i need contact info for you as well- please.
many are going! we are planning a bus....
please join the chapter- click on the link below and provide all the info requested- we will be delighted to include you in our plans!
Dean- i need contact info for you as well- please.
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dealsnet
07-13 10:52 AM
If you are filed in EB2, you can file I-485 and I-140 concurent after getting the PERM approval using cross charge. (EB2 ROW is always current). If you are in EB3, you need to wait 3-4 years to file I-485. (Long wait).
Hi
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
C)If she continues on H4 visa, can she still get scholarship? if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
Hi
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
C)If she continues on H4 visa, can she still get scholarship? if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
more...
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pr02
06-19 06:24 PM
From what I remember about my talk with the INS doctor: A child is administered the Tetanus shot three times in the first year or year and half after birth. There after, the shot needs to be taken every 10 years. What the doc is referring to could be based on his assumption that you have never had a shot earlier. Our doc said the same thing to my wife (I had immunization records that showed I had shots early in life). However, he also mentioned that the INS almost never follows up, and the remaining shots are "advised" not "enforced".
Hope that helps.
Hope that helps.
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ashwin_27
12-09 02:36 PM
From all the updates and information shared so far, it seems pretty clear that if the DREAM Act fails, it will make it extremely difficult, politically, for any EB or non-EB related immigration legislation (piecemeal or otherwise) to be introduced in Congress over the coming two years. So irrespective of whether visa recapture is a part of this bill or not (and we know that it is NOT), what happens to DREAM is very important from an overall strategy point of view.
I am just interpreting what is out there.
Brothers, i just want to know why we are happy with this DREAM thing or i am missing something. why do we care about this?
Please tell me if it has something for us.
Thanks
MC
I am just interpreting what is out there.
Brothers, i just want to know why we are happy with this DREAM thing or i am missing something. why do we care about this?
Please tell me if it has something for us.
Thanks
MC
more...
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h1extn
08-07 11:24 PM
Hi All
If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help
If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help
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solaris27
03-12 08:51 PM
its a good idea
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conchshell
06-13 02:02 PM
One more state chapter .... go ahead guys .....
fortune50
07-27 02:53 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
va_dude
05-10 12:44 PM
What the heck do you mean by "we" are expecting?
Who's "We".
Just stop spreading random rumors. If u have anything credible to say then say so. Otherwise stop.
Who's "We".
Just stop spreading random rumors. If u have anything credible to say then say so. Otherwise stop.
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