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  • rajum02
    07-11 11:00 PM
    All- Here is a link from Hammond Law Group, LLC on Immigration Alert.

    http://www.hammondlawfirm.com/alerts/visa_bulletin_mess.htm

    Immigration Alert

    July 11, 2007

    Visa Bulletin Mess Update: Rumors and Innuendo

    HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered





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  • gconmymind
    11-06 12:38 AM
    Like I said, I did not catch the whole speech, but from what I heard, he was not talking completely against it, he mentioned that businesses need more H1B's and should be able to hire foreign talent.

    He was mainly against abuse by big consulting firms (he gave out a statistic that 20K of the H1B went for 8 or 9 of the top consulting firms or something like that).

    At least there is something happening..... we have only two weeks....... this may be our only chance this year to attach anything EB
    Please follow all the different threads/news on this forum about Durbin and Grassley bills. There is nothing good there for H1B or EB visa provisions. Nothing good comes out of that, neither for employees (prospective or current) nor for employers...my 2 cents...





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  • gumpena
    07-14 05:42 PM
    signed..





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  • wikipedia_fan
    03-31 12:55 PM
    We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.

    Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.

    INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.

    ac21 says that a person can change jobs after 485 has been pending for more then 180 days.

    The above two things are the law.

    In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.

    USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).

    Memo is clarification which they have been following for many years and as far as I know still binding.

    Thanks for the clarification. I wish my issue gets resolved soon :)



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  • anzerraja
    07-20 09:39 AM
    There is a funding drive in this other thread towards reimbursing the administrative costs of IV.

    http://immigrationvoice.org/forum/sh...ad.php?t=10708

    Could you please pledge an amount ?


    I support this idea to have a funding drive to help Aman recover his financial losses. We can never thank enough for the time and effort that was put in. Its a pain we need to share. Celebrating and saying thanks to IV is nice. But contribution is only way to say thanks. Think about it if we had to file with new filing fee, we would have paid 3 times what we paid now. Its amazing and we are fortunate to have people like Aman, logiclife and other IV core have such selfless and sacrificing nature.





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  • bugsbunny
    03-29 03:43 PM
    Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
    however after coming here , Paid for my own ticket and landed here on start of january 2011.

    I am a little doubtful...if this was illegal.
    Since you had no knowledge at the time that it was illegal.
    Being a foreign national you may not be expected to know every law here.

    How much did you pay? was it more than what the fee was?
    Did the employer processes your visa or did they use the services of an attorney?
    if you...then you have a case to sue the employer for scamming you in civil court...as he may have used this trick to eat your money knowing fully well what would happen to you once you landed here.

    Talk to an attorney here before you leave.



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  • fasterthanlight�
    06-10 03:54 PM
    Ya i might want to redo mine too.





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  • walking_dude
    12-12 09:33 PM
    I'm all for FREE and PREMIUM memberships with more value-added premium features and privileges to PREMIUM members.

    My personal opinion as a member.



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  • 485Mbe4001
    06-13 11:53 AM
    I do beg to differ, nice post but low on facts, its more conjecture and assumptions.
    PHDs - EB1 dont make the kind of cash you have shown (ask the post docs who are working there asses off), similarly EB 3's are not restricted to the range you are talking about.
    Gaming the system is what screwed us, its not just EB3 its every where. The ones who gamed the system already have their GCs. The extent of gaming in EB1 and EB2 was more than EB3 (ask a lawyer, off the record and you will know). Bodyshopping companies send every one as project managers and they apply in EB2. as for experience, lets not get into that, it is very subjective and vague. I could go on and on...but my level of frusturation with USCIS is too high...hoping and praying is also not an option these days.

    just call the CHC members

    Nice post, containing real facts.





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  • gauravster
    05-04 11:32 AM
    Many folks suggest that this BIll (when turns into a law) would promote outsourcing..but how does these set of changes being proposed by Odama's admin. would affect outsourcing??

    http://thecaucus.blogs.nytimes.com/2009/05/04/obama-takes-aim-at-offshore-tax-havens/?hp

    I know it wont "stop" outsourcing in any way but seems like they claim that they are " taking away the tax advantages of companies shipping jobs overseas"...Iam sure its more complicated than that..

    However the kind of tone being set by the incumbent these days, I believe reflects the current administrations policies that might trickle to us(documented workers) as well.. not sure..

    However this can be also looked at, the adminstartion si trying to "show" that they are doing whatever they can disccourage companies from sending jobs overseas..and then eventually take a stab at CIR..wishful thinking..:D

    To read other side of the coin, go to Wall Street Journal. http://online.wsj.com/article/SB124144387757983265.html#mod%3DtestMod%26articleT abs%3Darticle

    Not sure if it prevents outsourcing or not. It will have a significant impact on all fortune 500 companies incorporated in US. it would encourage companies to be incorporated somewhere else and set up a subsidiary in the US, so that international income is not taxed.

    Exposing tax havens is one thing, but taxing income of corporates generated in another country another.

    I think a government should only tax GDP produced within its borders and income of people living within the borders. The benefit of being incorporated in the US is usually that of access to capital markets, but in a globalized world even companies incorporated at other places have this access now.

    Overall this is a good bill(esp when applied only to individuals), a lot would depend on what gets passed finally. For corporates the high tax rate is very high(35%, deductions bring it down to an average rate of 25%) and while these deductions are removed, the top rate has to come down, something which seems to be missing.

    My view is that with regard to taxes, rather than a fix here, a fix there and making taxes more complicated, it would be better to just simplify it as a whole, abolish most, if not all deductions(keep deductions used by most 90% people which are few) and charge a fixed 15-20% of GDP (with some progressivity).



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  • Lasantha
    09-25 01:58 PM
    Juist to prove the original posters point about IV being intolerant about different points of view and the trigger happy attitude of some members about giving a red dots just because someone else speaks his point of view - I got a very personal and abusive remark with a red dot just for my post above. Not that I really care about Red or Green dots. My GC journey is over. This forum helped me a great deal when I was waiting for my GC. Now I am hear to help others with what I know in their GC pursuit and help with any on going action items. Just wish some members here would grow up and learn to live and let live! :)





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  • addsf345
    08-20 12:58 PM
    Here are the answers -

    You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.

    You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.

    You exit USA, You return to USA using AP.

    Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"

    Your Work Authorization for SAME (continuing) employer is H1-B
    A.K.A. NO NEED to use EAD.

    There is NO SUCH THING as H1-B Transfer
    Every H1-B filing is a new one, USCIS checks if
    1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
    2) You have been counted against the H1-B before in the last 6 years or not.

    So now after I-94 says "Parolee/Pending AOS", You CAN
    A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
    OR
    B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
    OR
    C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
    in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
    in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
    in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.

    Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.

    between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.

    Hope This Helps.

    very good information. Thanks add78.

    Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
    1. with same employer, I actually got 3 years extension. (being 140 approved)
    2. with diff. employer, would I get 3 years or just six months, or not at all?



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  • samnay
    04-08 09:14 AM
    Just contributed $100 and asked several of my friends to join.

    Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?





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  • pappu
    01-09 02:45 PM
    The reason why change is not happening as much as we want is because we face tough opposition. The only way we can overcome this is by being stronger. We can definitely become stronger if all H1Bs, L1s, EADs etc come together on this platform. If each simply come, read posts, post comments and go away... it is tough to get anything done. Holding a rally is a good idea but we have seen how much work and resources are needed in planning and executing it. It can only be successful if several thousands turn up. Advocacy is a slow, long and painful process and requires lot of patience. Each member must take part in the advocacy effort and support ImmigrationVoice. The first step is to believe in IV. Believing in IV means believing in your abilities and the collective power of this community. There are many sharks out there with selfish or opposing interests who try to pull us down so that their own interests are served. Be a part of Immigration voice by supporting its monthly subscription if you cannot give your time to IV on daily basis. Join your state chapters and play a leadership role in organizing events to mobilize and increase membership in your states. IV will provide all the support and guidance you would need for lawmaker meetings. . IV is all of us. We all need to work together and make things happen.

    Visa bulletins come and go and if we only keep watching and expecting miracles in bulletins, then we would be wasting our time. writing posts, tracking and blaming others will not solve anything. Each reader of this post should join this movement actively if they desire a change.



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  • arunkotte
    07-29 08:22 AM
    How can we figure out the net assets from a 1120S tax return? I have the copy of company tax return with me and I am "accounting challenged". Can some one please help me figure out the net assets, so that I can answer my ability to pay RFE.

    Thanks





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  • sdrblr
    08-14 10:42 PM
    you have a sound logical argument

    Ok, among the many replies to what i wrote, a few have been rational discussions. A healthy argument is always encouraged. However, I will dissect the above post line by line to pinpoint exactly why some people completely deserve the treatment that they get. Here I demonstrate how a healthy discussion is hijacked by imbeciles and that is why IV is doomed to failure.

    "Till now, i used to believe that USCIS is working hard and eventually they will clear all the backlogs and give the GC to everyone. but by seeing your post, i think i am mistaken, they are doing a big mistake by giving a GC to people like you. "

    DOES THIS EVEN MAKE SENSE?? WHAT DOES USCIS BEING HARDWORKING AND CLEARING BACKLOGS HAVE TO DO WITH MY POST ON A RANDOM FORUM?? YOU SIR, MAY BE MISTAKEN ABOUT A LOT OF THINGS AND MY POST MAY BE THE LEAST OF YOUR PROBLEMS.

    "Once you become a gc holder and then a citizen, you will question a lot of other things, like giving social security/medicare to poor people who have not contributed and will also question the tax cut(1000$) given to each child when claimed as dependent , as you will argue that , i was doing my second Phd and others who dont have anything else to do, made children and are now claiming the cut. "

    LET ME GUESS, YOU THINK MCCAIN IS GREAT, RIGHT? BECAUSE YOU SEEM TO HAVE A CRYSTAL BALL WHICH CAN PREDICT WHAT I WILL DO YEARS FROM NOW AND NOT ONLY THAT BUT FROM A ISOLATED POST ON A RANDOM FORUM, YOU HAVE CREATED A COMPLETE PICTURE OF MY POLITICS?? THAT IS THE BEAUTY OF THE INTERNET, EVEN PEOPLE LIKE YOU WHO CANNOT FORM A COHERENT THOUGHT HAVE AN EQUAL SAY IN ANY DISCUSSION.

    "All i am saying is that american people are in great danger by allowing people like you to get the GC and citizenship."

    SOMEONE PLEASE GO AND WARN THE AMERICAN PEOPLE OF THE GRAVE DANGER !! NOT ONE WORD IN THIS ENTIRE POST OF YOURS CAN EVEN PRETEND TO BE PART OF A LOGICAL THOUGHT !! WOULD YOU CARE TO EXPLAIN WHAT THE DANGER IS? WHY IS IT SPECIFIC TO AMERICAN PEOPLE? YOUR PREVIOUS PARA SEEMS TO IMPLY THAT I AM ANTI-IMMIGRANT, NOW I AM ANTI AMERICAN??

    This is precisely why IV hasnt achieved its goals till now and probably never will.



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  • logiclife
    06-07 11:31 AM
    I dont work for consultant and yet I relocated last year. I admit its less frequent when you work directly for a company. I work longer hours not because I am told to, but it makes me feel more secure in my job by doing so and by making myself more useful than neccesary. WHy? coz I cannot change employer and keep my greencard process intact and continual. Its has to be started from scratch. Not affordable. Hence the longer hours. Is it forced? No. Is it fair. Absolutely not.

    Finding a local to marry is not an option. Why? Firstly, many of us are already married. Secondly and more importantly, if you marry a local with the intention of obtaining immigration benefits, you are breaking the law. I dont mean to say that marrying a local is wrong, but it is illegal if you are doing it only for immigration benefits resulting from marrying a citizen and you could lose that greencard if things go haywire. To quote Shushterman, an immigration lawyer and former USCIS employee: If you are caught doing something illegal by USCIS, you are better off robbing a liquor store than marrying a local with intention of greencard. USCIS may pardon you if you robbed a liquor store, and still give your greencard but not if you married a citizen with intention of immigration benefits.

    Now, coming to rights and privileges, privileges wouldnt exist unless you had the rights. Privileges granted by Government to public are based on rights. There are some things that the seeker calls rights and the person who grants them calls them privileges. If you want to be forceful, you have to call it a right, not a privileges. We call "Human rights" rights for a reason and not "Human privileges". See, privileges imply a hand-out. Rights imply justice. There is a difference between hand-out and justice.





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  • santb1975
    01-31 10:29 PM
    However I asked the same question again on hillaryclinton.com for the voice across america townhall





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  • common1
    01-17 12:01 PM
    Count me in as well. This memo is completely discriminatory and will do more harm than good. It is surprising that very few are willing to come forward and fight this abuse. I am sure that there are hundreds of affected members and a collective effort will help us all.





    aadimanav
    10-16 04:23 PM
    bump :p

    How do I find out that I am "suffering" from namecheck? :confused:

    PD: EB3 --> April 2004 --> India
    I-140 Approved.
    I-485 Received on July 2, 2007
    Fingerprinting --> DONE
    EAD --> RECEIVED





    alien2006
    07-21 07:22 AM
    guys - i want to start a new forum on 401K ..

    want to discuss what happens to people who have 401k contribution and want to go back to india

    do we have to withdraw the 401K when we leave or can we withdraw it at a later date..

    can some one start a new thread since i cannot figure out how.. thank you

    Check this website - http://groups.msn.com/R2INRIFinanceAndInvestments

    Also this - http://groups.msn.com/R2IClub/messages.msnw



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