Monday, June 13, 2011

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  • jonty_11
    07-05 04:51 PM
    Why do you think you would be denied entry in canada? You are legal to enter Canada with your PR approval. There is no question of "intent" when you are already approved for permanent residency.
    and u dont have to get h1 visa appt (unless u ahve already booked it)....if u have any VISA in passport that is expired....u can use auto reval...

    assuming u have a VISA (expired) and didnt jump the fence.




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  • letstalklc
    10-02 01:10 PM
    I could see couple of July PD audited cases has been approved...hopefully you might get some result.

    By the way did your case has been filed by Fragomen Law Firm?




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  • waiting4gc
    04-15 04:42 PM
    Its nice to see good news from more and more people. Enjoy your new found freedom!!

    Hi folks,

    Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

    Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
    abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

    I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!

    my best :)




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  • mmanurker
    04-13 11:48 AM
    I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
    1. if the LCA filed will any longer be valid and that might cause issues with labor dept
    2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
    3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

    when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


    You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.



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  • carbon
    09-25 01:15 PM
    I think we can get some financial support from Housing Market !

    Facts:
    ------
    The housing market is slowing down significantly and there are millions of unsold homes out there.

    More than 1/2 million people are stuck in the green card process. I am sure
    most are waiting for green card before they buy their house and make longtime commitment.

    I think we are a "Frozen" pool of customers for the Housing Market.

    500000 H1B X 200000 (average house price) = 100 billion dollar market is just
    inaccessible just because of retrogression.

    I think we should convince them to help us FINANCIALY.
    Please IV Core members take this idea seriously and at least
    SEND A LETTER TO National Association of Home Builders (NAHB) president.




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  • Alabaman
    07-14 08:26 AM
    Not trying to sound pessimistic� but I am tired of hearing about the so called SKIL bill without any sort of timeline attached to it. For all I care it seems to me that it might just lay dormant in the house for one, two or even five years without any consideration. Any one with more info should please throw more light.



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  • amsgc
    04-04 10:56 PM
    Thanks for posting this link - it is very useful.
    I had not seen an update from USCIS yet that explained clearly the severity of the backlog. Next time we do an interview/radio show etc., it may be a good idea to point to this press release by the USCIS. We often hear that some congressmen are not convinced that it takes more than 7 years to get a GC. Next time we do a letter campaign or meet with a congressmen, let us print this out and take it with us.

    I found this in another website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    "Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"




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  • pappu
    10-18 10:16 AM
    I received a letter from BEC and it says
    This Notice of Findings is the Department’s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?

    sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.

    In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.



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  • perm2gc
    08-28 10:34 AM
    Guys i think we had enough discussion on it in the other thread..Admins can you please close the thread..

    Some members are making personal remaks and i hope that admins will take care of them...

    We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself




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  • Motivated
    01-06 08:38 AM
    So many bills are introduced but most don't even see day of light.. I personally don't see this ever passing the congress.. For most treaty countries this feature is already available and its called E1/E2 visa.. There is no limit on number of people and number years for visa.

    Exactly, many bills are introduced, but >80% of them do not come out of the committees. If the bill has support form a large number of legislators then it has a chance! Besides Lugar and Kerry who else supports this bill?



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  • deepimpact
    02-11 01:03 PM
    Most of Eb2 ( Not all ) are qualified for STEM and may release up to 30k visas each year to EB3. that will clear Eb3 backlog in 1-2 years. Don't forget that we have some Eb3 people with STEM degree too.

    Actually almost all of EB1A and B will also qualify for STEM and add about 20-30K more each year for spillover.




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  • pani_6
    08-23 10:49 AM
    People who have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..



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  • jkays94
    04-13 09:56 AM
    I agree with gc_check this would avoid people getting into GC line in front of people have been waiting for years. Where is the link to submit comments?

    Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851




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  • bkarnik
    09-19 06:26 PM
    Recently, I heard the same thing from someone else (was it stucklabor??). It appears that USCIS is being proactive and granting three year approvals once I-140 has been approved. So, there is a chance that this is what happened in your case too.

    Either way, since, this appears to work in your favor, I would suggest sending this question for the lawyer call. If it is accepted and answered, it will be posted on the forum so that you and others in similar situation get a definite reply.

    Bkarnik.



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  • pappu
    04-19 11:06 AM
    Janakp, you are now probably on their crosshairs. Their members on our site will hate you for spying!!:D




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  • murali77
    07-16 02:03 PM
    Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.


    How can you say that ? Please explain
    Murali



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  • perm
    08-08 03:01 PM
    The credits are based on the amount of your earnings. We use your work history to determine your eligibility for retirement or disability benefits or your family�s eligibility for survivors benefits when you die.

    In 2006, you receive one credit for each $970 of earnings, up to the maximum of four credits per year.

    Each year the amount of earnings needed for credits goes up slightly as average earnings levels increase. The credits you earn remain on your Social Security record even if you change jobs or have no earnings for a while.

    http://www.ssa.gov/pubs/10072.html

    http://law.freeadvice.com/government_law/social_security_law/social_security_credit.htm




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  • cjagtap
    08-21 11:16 AM
    throw a party now,we will definitely be there..




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  • gc28262
    04-12 12:45 AM
    Since his denial was on March 31st, would the overstay clock starts from March 31st or from original I-94 expiry date? My understanding was that one can work legally using H1B receipt notice. Hence, OP was legal atleast till March 31st, 2009, correct?

    -GCisaDawg

    Yes OP was in legal status till Mar 31st. ( One is in status while H1B is pending)




    gc4me
    07-05 09:02 PM
    Please let me know if anyone/your friend has port PD using receipt#. Logically it should be possible, as USCIS should pull everything from DB using receipt#. The question is has anyone successfully done this?




    Danko
    11-27 03:46 AM
    Honestly, what does it even matter if it is MS biased? He works at MS, and has every right to focus on that content. :P

    I knew it.. :beer2:

    Someone said:

    It�s hard to get a man to understand something when his salary depends on his not understanding it.

    btw I am the C# .NET developer, I use it on the server-side all the time - I love it!!
    But honestly - every MS client side techology till now (classic forms&post backs... Atlas/MS Ajax) sucked when having a more complex project.

    ps. I will install Expression Blend today or tomorrow and start working with it... :geek: However, I know that solutions that work cross-platform and cross-OS currently come from Adobe only (AIR). ;) So I think it's at least worth mentioning...



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