Thursday, June 23, 2011

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  • Hinglish
    08-07 08:49 PM
    People do not agree and have different ideas - sometimes to the point of personal hurt! - this is natural. They have different interests and even when they have shared goals, sometimes their paths to those shared goals may diverge - this is natural, too. Yes, differences, discussion and divergence can lead to a final separation and then two or mroe new groups are born - and it can happen naturally and it does not have to be rushed or forced through censorship and persecution. But sometimes debates and differences actually help the whole group to stay together and find a better path or a better solution - in the heat of the discussion and in the fight of the dualling arguments a new idea, approach or solution is born. I do think that a lot of the most contentious discussions on this forum are actually the most important and interesting ones because those are the oens that will cut to the heart of the problem and reveal the real depths of the issues. Suppression of diverging opinions is the hallmark of dictatorships.

    As if the comments people write are really going to affect things ....
    As far as I am concerned ... let the dogs bark ... when they start biting ...f$@king gas them ....meanwhile take a look at the "Lighten Up" thread... it should cool things down ....





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  • Law Loving Alien
    09-29 12:06 PM
    Wata,

    If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....

    Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.

    Thanks,
    Law Loving Alien





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  • maverick_neo
    08-14 06:41 PM
    According to my attorney 2 things

    1. You just need the receipts to travel not the Ap approval perse.

    LINKS please

    2. If your H1B petition is still valid, you are OK, if you notice the botton part of your petition is your original I94, so you are covered with that.

    Petition does not help if you don't have a visa and one wants to travel, Visa is for entry and I94 is for staying in country

    3. according to my attorney CIS will take 45 days for the RD to deliver the I797 notice to you home, so if you applied the last days of July, by the 3rd week of September you will receive the I797 notice.

    As note my attorney was president of the AILA last year and her husband work in the CIS, so some how the info is trustable.

    Good Luck

    See above.





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  • saatiish
    08-20 03:13 PM
    Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china

    if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?

    I thought there was a country limit on how many gcs are approved for a country per year. So even if there is a spill over - can a backlogged country like India use it because of the limit ?



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  • ChainReaction
    07-13 12:23 PM
    I think this rule would be pretty controversial with the diversity restrictions that US expects.
    So, why there is country limit just on GC quota, if they want diversity it should be on H1/L1 visas as well...this is why we are seeing backlog of more then 5yrs in GC. It is not diversity they want it is called discrimination :eek:





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  • mhtanim
    10-05 08:10 PM
    So what you are saying is that INS and IRS systems are connected?

    IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.

    As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.

    I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.

    Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.



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  • mali03
    05-24 02:41 PM
    Sent!





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  • waitin_toolong
    10-10 04:11 PM
    I-102 will not work you need to file I-539 for extension of I-94.

    I-102 is for replacement I-94.

    I am sorry but the rules clearly state that passport needs to be 6 months beyond the intendent travel period.

    Unfortunately for H1 that could mean several months or 2-3 years.

    fork up $300 unless you plan to be put of status or can find a cheaper way of flying out to Mexico/canada and flying back in.



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  • hydboy77
    06-04 12:44 AM
    Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.

    You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.

    Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.

    To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications from India with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 India might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.

    because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect

    I recived my I485 approval on May 30th after 10 years coming into this country.
    I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.

    So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.

    My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.

    I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.

    I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.





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  • karthikgk
    06-13 01:34 PM
    You have to stick to Software Engineer field in order to take advantage of PD recapture. If you move to Business Development using MBA than its hard to justify same or similar. Find a new job which requires EB2 and show BS+5 to qualify.
    Hope that helps!

    Thank you guys! The answers help but then it doesn't too ;) I mean, not that you guys can do anything about it.

    Every waking minute I am wondering if all this wait it even worth - sacrificing our professional careers and our life in India, especially when the opportunities are plentiful back home. But then, I made my bed ;)



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  • skc526
    02-13 07:47 PM
    After some procrastination, finally i will be posting the mails out tomorrow. You guys are doing great jobs. I will talk around to my friends to send out too.:)





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  • Mikoers
    February 19th, 2004, 07:59 AM
    With mush ballyhoo, the Nikon D2H hit the streets not too long ago. It was approximately two years in the making, and seemed to counter the 1D for Nikon users. The Canon 1D Mark II (on paper) , seems to be a very significant improvement to the 1D, and jettisons again past the D2H. How confident can Nikon users be that Nikon can maintain pace in the professional DSLR arena?
    With 80% of the total professional market I guess not too badly. I believe the D2H is a much newer system than the 1d mk2 and of course it will be almost half the price streetwise, so a lot of part time pros will want to consider this body seriously. I seem to rember the 1D did not do well against the D1H, also with half the res, until the 1d started to match the Nikon price. I guess the same thing will happen, only the D2H does have a killer system this time round. Someone mentioned file tranfers to editors and publishing house and mobile connectivity,I think that's where something like the D2H will probably score. Canon are big timers, they will stay the course, at least for now. I don't think hoping for Nikon to be on the ropes will be particularly useful though.

    regards

    Mike



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  • andy garcia
    08-29 02:33 PM
    This is the list of Witnesses(Panelists):

    Panel I

    David Daniel, Ph.D. , President UT at Dallas
    Richardson, TX

    Bo Cooper
    Former General Counsel INS on behalf of Global Personnel Alliance
    Washington, DC

    Panel II

    Philip J. Ritter
    Senior VP and Manager of Public Affairs
    Texas Instruments, Inc., Dallas, TX

    Phyllis Norman, VP
    Patient Care Services
    Harris Methodist Ft. Worth Hospital
    Ft. Worth, TX

    Lance Kaplan
    Partner
    Fragomen, Del Rey, Bernsen, Loewy, LLP
    on behalf of the American Council on International Personnel
    Iselin, NJ

    We should contact anybody who works in these companies.





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  • go_guy123
    05-09 09:44 AM
    It does not matter if you work for fortune 500. There could still be fraud or suspecion. Read Indian IT cos face US visa fraud woes - Corporate News - livemint.com (http://www.livemint.com/2011/04/11164715/indian-it-cos-face-us-visa-fra.html)

    There has been years if not decades of abuse of US visa by most IT consulting/services companies. Eventually it reached epidemic proportions and eventually we are seeing a massive crackdown.



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  • Aah_GC
    07-20 12:01 PM
    Anzerraja, I could not get to that link. I will pledge an amount.


    Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.

    So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.

    There is a funding drive in this other thread towards reimbursing the administrative costs of IV.

    http://immigrationvoice.org/forum/sh...ad.php?t=10708

    Could you please pledge an amount ?





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  • srkamath
    08-14 10:24 AM
    USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.

    If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.

    Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.

    What will happen during 2009 in all likelihood is the following,

    Almost all EB1 spillover will go to EB3. (~ 25k)
    Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
    In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.



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  • ravi.shah
    03-19 10:38 AM
    NO.

    Mailed is not equal to received or applied for transfer. Until you have proof that USCIS has received your application, dont start at the new employer. Waiting for the receipt # is the safe route down the road even though you have to delay by a week or so.

    Thanks for the info dear.
    I will wait for the receipt number.
    I do have one more question if someone can anser :
    I have to start with new employer on 3/29/2010. Definately i will get receipt before that.
    Now my question is, is it ok if i leave my current employer on 3/26/2010 ?
    There will be a 2 day period(weekend) where i will be travelling for the new job.
    I am worried what would be my status for those two days.
    What could i do in this situation ?





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  • brav
    08-31 10:53 AM
    Please register me. I live in north west suburbs of chicago.





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  • shaq
    02-14 08:32 AM
    My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.

    Thank you





    MerciesOfInjustices
    04-08 10:50 PM
    Are we doing anything to get the support of orgs that are not community based ? I don't see how getting the support of an org based on an ethnic community "broadens the base".
    Well, the actual goal is advancing our cause. This endorsement will actually raise awareness about our organization - I guess, that does not qualify as broadening the base for you! But, whether it broadens the base or not - it definitely advances our cause!

    And, while somebody is actually doing something,what are you doing about advancing the cause?

    This particular support actually helped advance our cause a lot, much more than can actually be revealed on Forums. So pipe down, and do something creative! Why don't you try to get the support of the non-ethnic organizations - call the IV core group to offer your services, and get cracking on it!





    panky72
    05-22 04:54 PM
    per my lawyer you can come back from EAD to H1 by filing a new H1 petition (if its past 6 years on H1, then you need some basis like approved I-140 or old LC). You will need to leave the US and return to activate the H1. So thats always an option if you jump to EAD.

    In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94

    When I talked to my lawyer few months ago he said the same thing.



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