Saturday, June 18, 2011

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  • Lasantha
    03-19 01:30 PM
    Thanks for the info!!

    I called USCIS this morning and the lady took 3 mnute to explain me why the delay was happening. She mentioned that they will conduct a sweep on Fri Apr 4th to determine the I-485 cases in light of new visa bulletin and that cases will be assigned to IOs by Mon Apr 14th.
    Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
    I will call again on Apr 4th and keep the forum updated.





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  • lordoftherings
    09-26 11:01 AM
    There is a blog there in the article. Have you guys seen that how misinformed americans are about H1B.

    There is a link - To write a note to the editor about this article, click here.
    I clicked it and send this message to CNN's editor. All of you can do the same...


    Dear Editor,
    Last week's Legal Immigration Rally at DC is NOT about H1B increase, It is about the plight of over a million High Tech Skilled Legal Immigrants and their families in a probationary limbo of Green Card Processing. It takes 10 to 12 years to get a green card because of low green card numbers, per country limits and lost Green Card numbers due to inefficient processing of USCIS.

    Not sure what is the source of your information. But it is ill-researched and is skewed in nature.

    yours truly,
    Legal Skilled Immigrants from across the World living in USA





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  • jcmenon
    07-25 01:22 PM
    "Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".

    Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
    Probably this option is not attractive to you that you are so pissed with it.

    Btw I'm contacting some attorneys on my personal expense to interpret this.
    If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.

    But the fact is at this point I still believe there may just be a 1% chance.

    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.





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  • carpediem
    05-15 11:08 PM
    I am in agreement with JavaDeveloper on this. I am working on an H1B visa (4th year), and I have an approved EAD too. The problem is that until I get a GC, I am tied to chip design. While I have not finished 6 years on my H1B, I could move around at the cost of losing the EAD. But then my wife cannot work because she will lose her EAD, and she has already finished 6 years on H visas.

    So inherently if you anticipate wanting to change fields, America is not an option. If you guys have any other ideas on this, I would love to hear from you. The only hope might be becoming a manager and filing GC again through EB1, but that seems very unlikely for semiconductor firms.



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  • sukhwinderd
    02-21 07:25 PM
    people from cary, NC ; boston; detroit; orlando; new jersey till now.
    need more participation from these areas as well as from other states.





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  • ita
    02-02 03:25 PM
    desi3933,
    Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.

    Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.

    I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.

    If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.

    All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.

    Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?

    Thank you.



    W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • kumarc123
    03-12 08:33 AM
    This should have been posted in DONOR's forum :)

    I have a question for Paapu and IV?

    WHAT are you all doing? you want our money and our involvement for what?

    FOR THIS? ALSO DONOR FORUM IS FOR THIS?


    Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.

    ILLEGALS ARE BETTER THAN US, SHAME ON US.

    AND SHAME ON YOU GUYS.





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  • oliTwist
    12-10 08:06 PM
    stop crying, our real problem is unfair country quota & retrogression. Help IV fight for our common goals.

    I can't help but think about this story after reading your post.

    A fox, upon failing to find a way to reach grapes hanging high up on a vine, retreated and said: "The grapes are sour anyway!" The moral is stated as "It is easy to despise what you cannot get". ;)

    But I think we all agree to the point htat HydGuy is making..



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  • coolgc
    07-12 04:22 PM
    Hope, they move further in next month's bulletin.





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  • BharatPremi
    03-12 11:25 AM
    How do you guys find out what job code your H1B/labor was filed under?
    My H1b saus 030, but I think the job is a 6 digit number.

    Where can I locate that?

    Thanks

    On your labor approval.



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  • ponnuswamyp
    09-27 12:57 PM
    I am worried bcoz, on my EAD card its written "NOT VALID FOR REENTRY TO U.S."

    what does this mean?

    Please advise.
    Thanks
    Mahesh

    It means you can not use EAD as a travel document to reenter to U.S. You should have valid Visa for reentry.





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  • Karthikthiru
    09-11 11:37 AM
    Numbersusa site says that it will be back on Sep 18



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  • ItIsNotFunny
    10-15 02:28 PM
    I have a doubt about what can be accomplished by the flower campaign. I am totally for it if it would help but just think - it is not in USCIS hands to assign more visas to EB3 or EB2. The number of visas is limited and the number of people waiting for the visas is huge. That is the whole cause of retrogression . If there were as many visas as the people everything would be current.

    This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .

    Think how the supply is controlled?

    Just as a hypothetical example, if USCIS makes a spill over policy that ROW can not lead any other country by more than 3 years.

    If we try we can achieve something, atleast we can see some avenues. If we sit silent - Nope, then we are loosers not fighters.





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  • guyfromsg
    07-16 09:52 PM
    We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.

    Here is the first one:


    I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?

    Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.

    Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10

    http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html

    Example 8.

    Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.

    What kind of federal income tax returns will he file for 1999 and 2000?



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  • nat23
    06-13 08:41 AM
    Interesting Article on the revival of the CIR

    http://www.usnews.com/usnews/politics/bulletin/bulletin_070613.htm





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  • nomi
    12-11 02:23 PM
    Originally Posted by god_bless_you
    SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
    We do not need any Congress approval for that Right?
    If so can we explore this option??


    Originally Posted by Nomi

    I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong

    I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.

    what do you guys think about it ??

    thx.



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  • johnmcdonald98
    07-05 12:19 PM
    I go against this idea, because this doesn't work out logistically.

    First as others pointed out traffic will be way less as soon as IV charges,

    second, what would be the cut-off? $5 or $100? So if person who paid $5 might get the same privileges as guys who paid $1000? Is it fair, then you need to come up with normal, premium membership etc..

    Third, as soon as you make people pay, they become more demanding as they need to know where their each cents have been spent. I guess then IV core member needs to answer questions related to this more than actual issues

    by the way who and where do they keep the accounting in IV?





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  • zen
    03-29 10:32 PM
    Please pardon me for my ignorance but why is that every admin fix will work with money in this country?

    Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)

    I could recall that July '07 fiasco has been fixed without we donate anything.

    Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?

    These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
    very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
    as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?





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  • kshitijnt
    01-31 05:35 PM
    Thanks a lot Desi3933. I dont have words to thank you...

    Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.

    In case of a dependant 485 there is no requirement to be paid on EAD.





    Madhuri
    04-02 03:41 PM
    You are absolutely right about rippling effect. I personally know someone, yet to graduate, yet to get OPT also, but got trained in ETL/Datawarehousing before graduation, got a job thr' desi shop as a H1 consultant with 6 years experience. I was really shocked to see the level to which people can lie. I am sure their lies won't stand in critical work situations when REAL exp. is warrented. But the damage is already done.

    [QUOTE=imv116]

    Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.





    rpatel
    07-24 08:42 AM
    To the core group/Senior Members,

    If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

    Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

    Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

    Any thoughts ??



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