Monday, June 20, 2011

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  • ricky26
    12-19 10:06 AM
    Obama is using "trial and error" technique, do not have real political game playing experience. He is learning on the job. Empty rhetoric. Some may work, surely not all.





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  • hindu_king
    06-19 03:43 PM
    If one gets an EAD after filing for 485, then what do we mean by saying that H1 gets invalid by utilizing EAD.

    Assuming that an employee has 3 years remaining in his/her H1 with company "A" and got his/her EAD recently, then how can he/she utilize EAD to continue working with company "A"?

    I'm in th same boat. I need a H1-B extension starting from OCT 25. Let's say I file 485 and EAD on july 1, it will take 90 days to get EAD, which is OCT 1. (If I dont get it in 90 days, I'll go and get an interim EAD). Do I even have to file the H1-B extension? (I can save $5,000). Are there any risks? My company lawyer already started processing H1-B but did not apply yet. Now lawyer is planning to apply both H-1B and 485 at the same time. does this make sense?





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  • skechers
    02-23 12:46 PM
    I work for my company in city A. My GC application is in process (I-140 is approved in EB2 category with a priority date in Dec 2007 and I-485 has not been filed). I have received admission to a top 10 business school in city B (in another state) for a part-time MBA program. I wish to relocate to city B to pursue the MBA and still be working remotely in the same position for the same department from our company office in city B. Once the GC is approved, in say 2-3 years, I would relocate back to city A and continue in the position that the GC was petitioned for.

    My management is in on board with the plan but our immigration attorney is recommending against it claiming that there is a huge risk of GC denial. Her argument is �The GC application is premised on the fact that I intend to work for my company on a permanent full-time basis in the position and at the location described in the GC application. I must maintain that intention throughout the GC process. By relocating to pursue an MBA, it looks like I don�t have that intent and USCIS could use this as a basis to deny my GC.�

    I desperately want to attend the business school in city B but not at the cost of risking GC. In order to make this decision I need to assess the risk involved. Please help me in estimating the risk!

    To what extent are her fears valid? By going against her advice would I be putting my GC in grave danger? Do you know cases where people have relocated for pursuing MBAs during the GC process and yet received their GC?





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  • krithi
    04-15 06:23 PM
    I was in the same situation in 2007 when my GC was approved. I consulted with an attorney with Murthy law firm. He told me about 485-k and 180 days. Please google 485-K for more information.

    Immigration law 485-k allows a employment based primary or dependent to file for adjustment of status upto 180 days after start of unlawfull status. If the applicant entered US with Visa(i.e. applicant entered legally) and is prest in US. Please consult with the lawyer about validity of I-94 after your GC approval. As per my understaing As i-94 is based on H4 and H4 is not valid she is in unlawful status but I'm not a lawyer.
    Please be careful about the begin date of unlawful status. ONce 180 days are past your wife may not be eligible for 10 years!!.

    I got one PDF file from lawyer but unable to upload PDF or txt file so will paste the text recived from the lawyer. Hope this will be helpful.


    Apply for a H1B/F1 visa immediately, the only other option is to send her back to India and visit every 3 months till she is back here after 5 yrs.



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  • troubledinva
    03-26 01:33 PM
    Hi,
    I have been struggling with my Employer from the begining of GC process. My labour was filed on May 2007 and got approved on August 2007. My Employer kept me waiting until Feb when it would have been expried otherwise. Now he says he has filed my I140 but does not provide me any evidence. I have following questions and would appreciate if you can provide me your insights:

    1) Is there a way for me to find out if my I140 has been filed. Can I talk with INS and find out about this or even get the receipt number.

    2) Can I file my own 485 ( as I am current ) with out the knowledge of my employer ? Is so what all do I need.

    Thank you all in advance.





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  • newuser
    06-15 07:28 PM
    August 01, 2003

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC



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  • Dhundhun
    03-21 01:36 AM
    Drivers License
    employer letter
    w-2, paystubs
    spouse's work authorizations

    My lawyer took all those details before filing. So I think thay are required. Either you/your lawyer has not sent it, or photocopy is not legible or those photocopies misplaced. You'll be in a better position to answer.

    And based on that simply reply to the RFE. Good that someone is working on file. I don't think any negative on this part.

    Good Luck





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  • theOne
    10-13 05:01 AM
    Friends,

    What are planning now that you have your green card ? How has it improved your lot personally and professionally ? How do you plan on capitalizing on your green card (apart from the fact that you can take up fulltime opportunities) ? For the sake of heavens, please don't mention how you plan on incorporating and file H1B visas. I have nothing personal against incorporating, I am incorporating myself to be able to do corp-to-corp contracts.

    Coming down to me, I have a masters in comp eng from an approximately 50 ranked college, as ranked by usnews.com. I also have six years of supporting infrastructure environments. I have solid references at linkedin.com. I have coded at topcoder.com but my rating is in the bottom 10% as I lacked the will to spend time and energy. I really like to work for a startup in California. I recently failed a written interview with a startup with a few founders of Indian descent. I will continue looking. I am also looking for better paying SOA contracts. Personally, I want to spend more time meditating and connect to God. I believe each thought affects the whole world. I believe in Karma. At work I fix issues which no one has brought up which I wouldn't have a few years ago. I am at a point in life where I realize money doesn't buy happiness and, at its very best, a minor convenience. Being who I am and what I stand for has become more important to me. I am enjoying listening to classical music in the car. I also listen to hip-hop music on my computer (my favorites are method man, wutang, nas, black attack and eminem).

    Sincerely,
    theOne

    Friends,

    What are planning now that you have your green card ? How has it improved your lot personally and professionally ? How do you plan on capitalizing on your green card (apart from the fact that you can take up fulltime opportunities) ?

    Coming down to me, I have a masters in comp eng from an approximately 50 ranked college, as ranked by usnews.com. I also have six years of supporting infrastructure environments. I have solid references at linkedin.com. I have coded at topcoder.com but my rating is in the bottom 10% as I lacked the will to spend time and energy. I really like to work for a startup in California. I recently failed a written interview with a startup with a few founders of Indian descent. I will continue looking. I am also looking for better paying SOA contracts. Personally, I want to spend more time meditating and connect to God. I believe each thought affects the whole world. I believe in Karma. At work I fix issues which no one has brought up which I wouldn't have a few years ago. I am at a point in life where I realize money doesn't buy happiness and, at its very best, a minor convenience. Being who I am and what I stand for has become more important to me. I am enjoying listening to classical music in my car. I also listen to hip-hop music on my computer (my favorites are method man, wutang, nas, black attack and eminem).

    Sincerely,
    theOne

    Friends,

    What are planning now that you have your green card ? How has it improved your lot personally and professionally ? How do you plan on capitalizing on your green card (apart from the fact that you can take up fulltime opportunities) ?

    Coming down to me, I have a masters in comp eng from an approximately 50 ranked college, as ranked by usnews.com. I also have six years of supporting infrastructure environments. I have solid references at linkedin.com. I have coded at topcoder.com but my rating is in the bottom 10% as I lacked the will to spend time and energy. I really like to work for a startup in California. I recently failed a written interview with a startup with a few founders of Indian descent. I will continue looking. I am also looking for better paying SOA contracts. Personally, I want to spend more time meditating and connect to God. I believe each thought affects the whole world. I believe in Karma. At work I fix issues which no one has brought up which I wouldn't have a few years ago. I am at a point in life where I realize money doesn't buy happiness and, at its very best, a minor convenience. Being who I am and what I stand for has become more important to me. I am enjoying listening to classical music in my car. I also listen to hip-hop music on my computer (my favorites are method man, wutang, nas, black attack and eminem).

    Sincerely,
    theOne



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  • InTheMoment
    06-19 04:16 PM
    She can work on EAD even though you continue on H1-B. I know several who are in this situation.

    Hi,

    Question on the same line. Say I am the primary applicant and my wife applies for her 485 as dependant. We both get our EADs. Can she start working on EAD without me(Primary applicant) switching to EAD? Or does it mean that once she start working on EAD, the primary (me) automatically get switched to EAD and my H1B Automatically invalidates?

    Thanks in advance





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  • kicca
    01-08 02:26 PM
    Mo Members Write The Letters! Talk To Your Employer! Talk To The Lawmakers!

    Make Your Voice Be Heard! Make Your Voice Be Heard Loud And Clear!



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  • rayen
    08-25 12:34 PM
    Dear Experts,

    I called USCIS on friday and got a very nice IO from Texas Service Center and he checked my NC and it was cleared but how do we know that our case is assigned to IO or not for AOS?. Please advice.

    Thanks.





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  • singhsa3
    07-16 09:23 PM
    Folks,
    In this thread we will just mention anti social elements of the group. After sometime , I will create another thread and will post these anti social elements up there to be voted to be banned, by other members.

    These people not only have been disrespectful but also outright detrimental to our cause.

    We already have enough problems and we don't need these people. Personally, in this stressful moment, I don't have capacity to bear these nuances.

    On this thread no other explanation is needed, just mention their username.

    I have reasons to believe that there are people from anti immigrant groups like NumberUSA and other parties on this forum. So don't get deceived by the name they use in this forum. If a group can send Millions of Faxes to derail CIR, what makes you think they will not take steps to derail our efforts.



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  • gimmesomemore!!
    02-27 06:08 PM
    WOW, First off. I honestly did'nt expect to see such damn good entrees' (sp?) but wow, they were all awesome. I had to vote for LoungeActx's though. very nice colors. little tiny bit trendy, but looks very very nice. Good job everyone. They really are all badass.





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  • alterego
    01-08 08:09 PM
    Hmmmm, but I guess it also greatly depends on how many of those people are qualified and inclined to apply, right? Both India and China are undergoing massive development so I guess they get the bad end of the stick both ways - a huge population with a growing percentage of skilled and professional workers, many of whom seeking better work opportunities abroad.

    Im not sure about the UK. I cant imagine that we reach our quota every year. I mean, working here doesnt seem to be much better or worse than working in the US, and our population while relatively large is ofcourse limited geographically. I get the impression that people from the UK generally try to move to the US for a better lifestyle, not necessarily for improved work opportunities (though I may be VERY wrong).

    Does that mean that someone from the UK would have an advantage in getting a good priority date against someone from India or China? If so, what are we talking here? Weeks, months, years?

    If this is the case, then I can very much see why so many are opposed to these quotas.

    RM

    Not sure what you're saying here Ronnie. Lifestyle and social security are quite good in the UK. You get more leave, a more egalitarian system generally, more "free" social services etc in you homeland. If that is your objective, then I can't see your intent in immigrating here :):):)

    India and China under current projections are certainly the markets of the future.

    Skills are mobile but public policy is not so as much. We are yet to see the final word spoken on this either in West or East as much!



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  • suavesandeep
    11-17 04:43 PM
    I know somebody who did this... Went to B-School full time when 485 as primary applicant was pending with a fortune 500 company. His wife was on H1, and he moved to H4 status. Basically he took the risk and did not care about his GC. He got approved this year with no questions asked. I guess if your GC is filed by a reputed company and they wont revoke your I-140, You could be good. But its a definitely a risk as others on this thread pointed out.

    Many a time You find something when you are not looking for it :)





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  • McLuvin
    03-23 01:57 PM
    Also, Legal immigrant will have to face a death panel at the Port of Entry. :D

    Baacha Bhai Good One !!!!

    Natamai Therupai Mathi Sollu :D



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  • va_labor2002
    10-20 10:10 PM
    There are lot of IV core members in DC area. IF any IV core member can come to Kerala mela and contact the event organizers about our goals and agenda,they will be happy to help us !

    Think about it... Any comments from Pappu or WaldenPond ?





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  • CADude
    07-21 09:31 PM
    if your labor come then file ASAP before August 17th. If you miss this then do PP for 140 and get 140 approval before filing H1B extension. Don't worry you will be OK.



    My situation:
    On 6th yr of H1B expiring 12/10/07, have valid visa stamp in passport. PERM labor (atlanta ugh) filed 5/28/07 and pending.

    Before July VB fiasco, plan of action was I'd have to 'recapture' time spent abroad on vacations etc (2 months already, adding 2 months this summer..1 month brazil where i am now, 1 month india, adding 2 months april/may 08 by going to canada) to extend my visa somehow till end of may 08 at which point i'd have my PD/labor pending 365 days. sounds very complicated and not sure how this would work.

    I have employer who is very very painfully slow in getting docs to me and I am on unpaid 2 months april/may 08 break...even though it's thanks to their delays i'm in this situation to begin with...i could've been well along in process had things been done on time).

    the timing for everything seems very 'undoable' to me

    I am in brazil at moment and my return to US is arriving 30 July, taking flight to India on 31st July, returning US 31 aug.

    and now i'm all confused and thrown off due to the current immigration happenings.

    According to my lawyer (and I know not everyone agrees and i don't know what to believe) is that if my approval for PERM (miraculously) comes through even bet 1 and 16 aug, i can still file i-140/485. I think i trust him as a lawyer, but still....hard to talk to him as he's very ver busy esp now and i'm in brazil

    Questions
    1) i've thought of changing my tkt to india from 31 july to 17 aug and leave then....will cost some $ to change. do you think that is wise?

    2) do you think i have a chance, and even if approval comes bet 1 and 16 aug, i can still file?

    3) Does insurance cover medical needed? I think one of those docs is on my list of primary docs (i saw him once when sick, changed as i didn't like him much)? Should I start that now. I have no good records of MMR though i think i got them, should i get a tider test. Is that insurance covered?

    4) Do i have a chance to extend my visa? Say i can't do i 485. My PERM gets ok by end of Sep (4 mths...should be enough huh), IF premium is avail and I get all that done by mid Oct and get approval on i-140 by end of Oct. Leaves nov...is that enough time to get extensin on H1b. am assuming PD will not be current then, so I should get a 3 yr extension. Would i be able to get some docs to show to my dumb employer that I am allowed to work...they are very unhelpful and may stop me working if i can't show something.

    I'm so so so so so stressed now....

    PLEASE HELP (not yelling....simply stating need a lot of help)

    sorry





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  • bbct
    02-02 05:10 PM
    My wife received disability income from an Insurance Company while she was on maternity leave. However, the insurance company has not sent any tax statement. When we contacted them asking for a tax statement, they told us that they have mailed all the disability income information to the employer and they are supposed to add in the W-2. The employer is not supporting or providing a corrected W-2 for this wages or a new W-2 only for sick pay. What action should we take? We called IRS and they have asked us to wait until 02/15/09 and then they will let us know what is the next course of action.

    I am failing to understand -
    1) How should we know whether the disability income we received is taxable?
    2) How to find that any premiums were deducted from her salary? We have not paid any insurance premiums with after-tax dollars.
    3) If the employer is still not providing corrected W-2 after filing a complaint with IRS, how should we report this income on the tax returns?
    4) The payment was received in 2 checks. One dated 11-15-2008 and the other 01-16-2009. Which income should be reported in the 2008 tax returns?





    qasleuth
    03-25 12:22 PM
    Totally agree ! One pays taxes as a 'necessity' to get something in return in terms of Public schools, roads, transportation, parks etc. I think OP had just a few senators' statements in mind who made public announcements alluding that H1Bs are somehow free loaders and do not pay taxes.

    Paying taxes is no big deal and not a strong arguement to get greencards. If we are paying taxes, we are using the infrastructure and facilities of the country as well. So why highlight with this single point?

    Paying taxes is the price for living in this country and working. If you were out of country waiting for greencard and were forced to pay US taxes, only then you have a reason to complain.





    americandesi
    06-19 01:23 PM
    If one gets an EAD after filing for 485, then what do we mean by saying that H1 gets invalid by utilizing EAD.

    Assuming that an employee has 3 years remaining in his/her H1 with company "A" and got his/her EAD recently, then how can he/she utilize EAD to continue working with company "A"?



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