Thursday, June 9, 2011

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  • LostInGCProcess
    08-26 01:20 PM
    Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.


    Well, that was precisely my question...and I think your example fits perfectly with my scenario.

    My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.

    She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.

    So, Little_willy, is it okay???:confused:




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  • JazzByTheBay
    10-10 06:10 AM
    Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.

    jazz

    I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.




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  • ksahmed
    11-15 04:31 PM
    Service Center NSC
    I-131

    Primary Applicant:

    10/22: Soft LUD
    11/6: Document Mailed
    11/7: Document Mailed (Soft LUD)
    11/15: Phisically Received (The AP says I-131 was approved on 10/22)

    Secondary Applicant

    10/12: Soft LUD
    10/31: Document Mailed
    11/1: Document Mailed (Soft LUD)
    11/6: Phisically Received (The AP says I-131 was approved on 10/12)




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  • thomachan72
    05-10 09:42 AM
    I am curious to know if people are sending amounts >20K by wire transfer to India or other countries from the US. People who do that regularly or have done that in past, have you encountered any problems? Wire transfers are directly informed by the bank to the IRS and you do not have to do it personally right?
    Comments from those who have done this before is appreciated.



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  • gc007
    01-07 10:38 PM
    I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.

    These are just my thoughts. And I am not a layer.

    Have a great trip


    Thank you very much .




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  • go_guy123
    01-20 12:24 PM
    Short pass plays
    WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)

    Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.

    The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.

    There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.

    - JZ

    Rightly said all "Comprehensive" are a recipe for failures.



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  • masterji
    05-23 08:18 PM
    People do not earn Ph.D. for money. A Ph.D. gives you prestige and you literally stand tall in the crowd for the rest of your life. People call you 'Dr.', which has more value than anything. Most importantly faculties NEVER lose their jobs once they are tenured......NEVER. There is NOTHING in this universe that can fire a Professor (excepting criminal offenses, academic dishonesty etc.). They never fear that their employer will ill treat them, not pay them, yale at them etc. etc. It takes years of blood and sweat (and intelligence) to earn a Ph.D. Society treats them with reputation and not no mention they live a peaceful life (professionally) throughout their lives.

    Perhaps so. Because most ones I know (faculty) are in EB1. Actually
    a lot of denials can be appealed and they can get EB1. But often faculty
    arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
    have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.

    However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
    make a significant impact.

    However based on past experience I doubt the Hispanic caucus will
    allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
    they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.

    However we should always try our best. Atleast they are taking of
    EB reform now.




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  • leo2606
    04-12 02:20 PM
    A person I know of did not get paid for about 2 years but this guy went to India for stamping in Delhi.He filed a law suite against his employer before he leaves. He showed all the documents related with the case when asked and got his visa.So I am thinking your reply will not jeopardize your H1B.You have evidence that you moved of this company and filed H1- B transfer knowing the company is bad.

    Again you definetly need to consult an attorney like Murthy or Khanna to talk about this.I think you can get immediate consultation if you call their office, obviously they charge.I think it is worth spending so that you will not have mental tension.



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  • slc_ut
    05-28 07:31 PM
    hi, thanks for info. But one more question. Yes, now and then a date in Oct' 2006 is showing up. But, it will take time to fill all the forms after i proceed. What are the chances that i will get that date when other people are competing in real-time? Please post a reply.




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  • acecupid
    02-24 02:43 PM
    How long did you get extension for without purchase order or letter from client ?



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  • needhelp!
    08-31 01:45 AM
    Registering a new country? I hope you are not kidding, needhelp!:)

    Regards,
    IK

    With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.




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  • mugwump
    11-30 12:24 PM
    I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...

    I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.

    Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.

    I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.



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  • priti8888
    10-02 12:30 PM
    --------------------------------------------------------------------------
    In June/July 2007 they allocated visa numbers to various applications based on RD.

    Say Mr A with a PD of 2004 applied for 485 on July 23.
    But Mr B with a PD of 2005 applied for 485 in 2005 or anytime before July 2007.

    Mr B may be assigned a visa number and you will see his aproval anytime from July-Oct 2007. Since he already applied 485 , his name check, FP, etc is clear and case is pre-adjudicated.

    Therefore, inspite of the fact that Mr B 's PF is not current, you will still see approvals in August, sept, oct.




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  • karl65
    02-23 07:47 AM
    Ok maybe there are another forum but I can find you. My CPAS says we are going to receive the stimulus (it is not a rebate) but the IRS website says that if we are non-resident alen we won't. According with IRS only when you get GC you will be concider resident?????? It is true?????



    A: You won�t get a stimulus payment in 2008, if any of the following apply to you:

    You don�t file a 2007 tax return.
    Your net income tax liability is zero and your qualifying income is less than $3,000. To determine your qualifying income, add together your wages, net self-employment income, nontaxable combat pay, Social Security benefits, certain Railroad Retirement benefits and certain veterans� payments.
    You can be claimed as a dependent on someone else�s return. For example, this would include a child or student who can be claimed on a parent�s return.
    You do not have a valid Social Security Number.
    You are a nonresident alien.
    You file Form 1040NR or Form 1040NR-EZ, Form 1040PR or Form 1040SS for 2007.



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  • TomTancredo
    03-11 05:30 PM
    This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
    Lets assume the greencard is approved and can it be revoked if i never work for the employer.
    And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.

    They will issue an RFE and ask you to prove otherwise.... They can flag your GC and can come after you at the time of Naturalization .. They can ask you when you enter and exit the country about how you got your GC..(This happens very frequently).. They can ask you if you ever worked ...

    if a company is doing business based on US immigration system , USCIS has many ways to find about it .


    If you have worked for them at the time of filing labor or 140 or 485 statge ... it should be easy to prove the intent because you have paystubs/w-2/...etc




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  • AirWaterandGC
    05-12 10:09 AM
    Thank you for taking action on AILA's Contact Congress website. If you'd like to get more involved in our advocacy efforts, please contact AILA's Manager of Grassroots Advocacy, Jenny Levy.
    Your message was sent to:

    Senator Richard J. Durbin (D-IL)
    Senator Barack Obama (D-IL)
    Representative J. Dennis Hastert (R-IL 14th)



    This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.

    If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.

    There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
    and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.



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  • Libra
    10-24 10:08 AM
    yeah it took almost a year to send an RFE that too after repeated calls to CIS.

    Libra,

    Congrats!!! Did it take an year for the RFE itself???

    Romesh and naresh,

    Any updates?

    thanks,
    Sampath




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  • kondur_007
    10-30 04:06 PM
    In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

    As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.


    Thank you very much for sharing this information, this is a very good point; I never thought about it.




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  • anurag
    02-12 02:12 PM
    Freakin_GC,

    I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.

    All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.

    Regards,
    Anurag




    honge_kamyaab
    11-30 09:24 AM
    Remember I-140 is owned by your employer. If you quit the job your greencard process will start from PERM again with your new employer.
    Portability applys six months after filing I-485.
    Hope that helps.




    FinalGC
    11-06 11:43 AM
    Here is a crutch for you.

    You have an employee agreement which says that you will be paid health benefits. All you need to tell your Company A (if he comes after you), that you will report them to USCIS that you have exploited him and gave the wrong information before joining the company. This will prevent any desi..staffing company to advance to you, since all their future H1's will be heavily scrutinized and possibly his company will be shut down. He will have his own battle with USCIS. This will prevent him to come after you.

    If I were you, I would have all kinds of written emails and documents ready for me to show the old employer that you have proof that the old employer was exploiting you.....I am sure you can come up with tons of things, like not paying on bench. Don't ever talk such matter, always write emails and ask feedback.

    Email trails are the best way to keep all these staffing and desi companies at bay and prevent them from exploiting employees......I am speaking from experience buddy.....I had one guy after me and being a PM, by profession I saved all such email trails and he knew that. When I left him he gave me back the $11K, that he had taken from me illegally.

    Yes, it is a good idea to spend 100-200 bucks with a reputed attorney like Murthy or Khanna or Shusterman to check your status before you jump. This will give you additional confidence to jump ship.

    I get sad and angry at these desi employers who exploit their employees....I am sure some day they will reap what they have harvested....tears and pain of these exploited employees.....

    My suggestion to my fellow colleagues is...those of have gone through this struggle...please do not become like them when you too come out of this GC maze.....



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