Tuesday, June 7, 2011

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  • Houstonguy
    05-26 04:41 PM
    The points for to-do-list after GC by Samswas are great..Just a little comment as I talked to my attorney now...

    DON'T throw away, rather keep your I-94, as you never know, until you get citizenship, what documents you may need to show in which circumstances varifying legal status leading to GC... It is just a word of caution not to discard the I-94 but to archive safely, but he is right that we should not give it to airline official....

    Best wishes to those who are waiting...




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  • dixie
    08-21 08:49 PM
    1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).



    What sort of "fairness" do you hope to achieve by delaying new GC applicants ? Given the current pace of visa number availability, it is going to be 2015 or so before a 2006 PD for EB-3 becomes current and USCIS gets to it. Does that not already take care of "fairness" with respect to older applicants ?

    For a new GC applicant who is looking at another 8-9 years wait to file 485 (I am one of them and there are plenty on this forum) it is more important than ever to lock a PD asap. Even assuming it is in larger interest of all of us, how will you educate an average lawmaker of all these intricacies ? We are having a tough time as it is distinguishing ourselves from the illegals.




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  • sertasheep
    05-24 01:52 PM
    Great job, Salil. Can you share your experience working with the press? Was it easy getting the newspaper to carry this article, or did you have to pursue this for a long time? The reason I am asking this is, its hard for one to determine what the media will print. They may take one quote from you but might use it in a different context. I came very close to quoting on Seattle Times but stayed put as the reporter wanted my opinion on the "other" current debate that's going on, and she was not willing to carry an article on Legal immigration alone.




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  • GCwaitforever
    02-13 01:44 PM
    Stuck in Immigration backlog? Join IV for a furlong.



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  • Lasantha
    07-09 01:33 PM
    Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.

    Not entirely true. In my case all I did was verify that my personal data was correct. But when it came to certain issues and confusing stuff I brought it to their attention and they took care of it. In my opinion you do need a lawyer unless you are absolutely 100% confident that you can fill those forms without screwing up.




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  • helph1b
    08-28 07:03 AM
    Hi Vani,

    Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.

    Are you still in contact with your employer about the H1 application case?

    Let me know if you get any updates.



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  • H4_losing_hope
    02-13 07:32 PM
    Immigration Voice. Make action your choice.
    Standing together on legal immigration issues.




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  • mariner5555
    07-17 08:25 PM
    just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ?? also I would urge all members to be active with IV ..till we get citizenships and even after that ..spread the word !! if we are united we can get things done ...



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  • kevinkris
    11-03 08:42 PM
    http://www.youtube.com/watch?v=INo69f7f8bo

    About CIR.

    The CIR bill is definitely coming back. Obama has mentioned it few times that solving the current immigration problem is one of his highest priority. Now we will need to wait and see what changes they can add to the existent CIR bill to help legals. But I would think most of the bill should remain the same since they have wasted a lot of time and effort in coming up with it




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  • green_card_curious
    03-07 09:56 PM
    Thanks Stemcell. I am still on my H1-B, but my wife has been working using her EAD. We are seeing and hearing different things. We are obviously planning to appeal, but the problem is will USCIS cancel the I-485 immediately or will the I-485 be denied with the ultimate denial (after appeal, if thats our fate)? We are hearing it both ways, so am really not sure - but your friend's case gives me a little relief.



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  • gk_2000
    01-27 02:43 PM
    I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.

    Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.

    My question to some of you is - what will you do if skilled reform doesn't happen this year?

    My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.

    What will you do?

    Never late or early in life. Learn as much as I can about the concepts I care about, and when I move on, use my learnings at later time, opportunity or place




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  • coolngood4u80
    04-14 01:24 PM
    Contributed $50 .

    Thanks

    I am ready to volunteer for this effort...we really need to do something



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  • sasimks75
    08-23 06:35 PM
    Thanks very much for your quick reply.
    I have asked my lawyer to fill i140 in PP. But he said they can not because the original labor certificate is not available and USCIS will have to locate the original certificate which make sense.
    Any my question is, my Priority date is June 2004. What happens after the I140 approval? Will they have to apply another i485? or use existing i485? if yes, how do they communicate to USICS to convert the old i485 from Eb3 to Eb2?




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  • srikondoji
    07-05 11:33 AM
    Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
    --sri

    PLEASE DIGG

    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants



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  • delhirocks
    12-18 06:45 PM
    When I took a cruise last year (Carnival) one of my stops was Cozumel. We were there for around 12 hours. We did not have a mexican visa, did not have to go through Mexican immigration.
    I spoke to Mexican consulate official, and he conforimed that I do not need a Mexican visa (as long as I have a valid American non-b1/b2 visa) if I am staying in Mexico for less than 72 hours. Carnival also did not require a visa.
    They do that for some other stops.




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  • alkg
    10-24 10:19 AM
    July 2nd Filer.
    Reciept notice received on October 11th on Phone.
    Waiting for EAD,AP.
    FP Not Done

    Still waiting for physical receipts ,EAD and AP.............
    :mad::(:confused:



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  • EkAurAaya
    03-19 09:43 PM
    Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.

    Thanks for your response. My understanding was the same as yours, however this came from my real estate lawyer (a good one). May be he misunderstood resident alien v/s foreigner investing here.

    I still would like to hear from someone who actually sold a place on h1 or ead their experience.




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  • don840
    04-04 01:30 PM
    immigrant-in-law pls. click on new thread by going on the forum as Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation > and then click new thread.

    wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.

    Also, do you think Consular processing might be a better option instead of 485?




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  • americandesi
    08-11 03:44 PM
    I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let’s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?




    rbharol
    09-20 12:24 PM
    Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.

    Thanks in advance for your answer.

    Answer from my Lawyer is No.

    I tried to commercialize my website which you see in my signature. Plan was to sell
    the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.




    heywhat
    07-26 10:07 AM
    Option 1> Try to bring your wife to US before aug 17. (No risk at all)
    Option 2> File it and do not use EAD and stay on H1b so you can bring your wife on H4. ( Thers is some risk. 99.99% USCIS is not going to do anything with your I485 till Oct'07 except sending you receipt. But god forbid, they approve your application before that then you are in trouble because you won't be able to bring your wife to US. Chances of happening this is very slim). Get benefit of AC21.

    Option-3> Do not apply. And wait for 2005 becode current ( this is not going to happen atleast for next 3-4 years without any new legislation. And if you change job or somethingm, restart it from 0, no AC21 benefit.

    In short, FILE IT....



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