Sunday, June 26, 2011

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  • pdx_Soft_Eng
    04-21 06:37 PM
    Hi,

    I just sent $100 in addition to my $200 initial contribution. It is doable to reach 150K by May 1st if we get some action from non-contributing members.




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  • desi485
    02-13 05:03 PM
    Suppose you work for Company A on H-1B. You get out of the U.S. and come back with AP. You become parolee at that time. File an H-1B extension with Employer A, get new I-94 that indicates your status is now H-1B.

    6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.

    mhtanim, appreciate your input. Though this sounds logical, I was wondering if there is any link to CIS memo or any other resource to check this? Even our company lawyer is not sure on this.




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  • unchew
    06-16 09:57 PM
    Wow that looks great!




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  • amitga
    01-29 10:05 PM
    People cannot pay $20 in immigration voice, but they are willing to pay $10K for sub labor.

    Anyway I think in the next few months people will buy labor like crazy, and file I140 preminum.



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  • eb3_nepa
    02-05 04:07 PM
    I don't think the only reason is "wife's cannot work".. The other reason for most is changing employers, and career growth while I-485 is in process.


    You can keep changing employers once your I-140 is approved. You need to restart ur GC process but you can keep ur PD (if not revoked) and get a 3 year extension immediately based on the Approved I-140.

    Sure it's not the best case scenario, but atleast you CAN do it. But for most married folk their spouses on H4 CANNOT work without EADs or waiting a year till the H1 quota opens. Even with the quota opening unless your spouse is into business or IT it is VERY tough to get an H1 for the spouse.




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  • WeShallOvercome
    07-12 11:34 AM
    Friends,

    There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?

    I'm unable to reach my attorney now.


    Man, this is becoming unbearable now. Although it seems to be the right thing given the news that USCIS has returned some visa numbers to DOS, I think they won't do it for the fear of looking like fools and humiliation of their mistakes publicly



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  • tulips
    05-14 04:33 PM
    Well said and I agree. USCIS can be more transparent and be clear. They can always tell us that it would take X years and people can plan better and decide accordingly. Why cant they do it is beyond my reasoning. Frustrating part is they wont do that! Everyone makes alternate plans and has a threshold for waiting. I guess this is what nitinboston was trying to say that dont be obsessed about it. Many people took it wrongly and started called names which just shows immaturity. Anyways, GC or no GC one should live happily wherever that be :-)




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  • gc28262
    01-29 09:29 AM
    AILA’s Business Litigation Comm. Re: Neufeld memobyH-1 Cap Blog (http://www.h1cap.com/?p=121)
    The American Immigration Lawyers Association (AILA) has a Business Litigation Committee (BLC) and we met this week and the hot topic of discussion was the recently released Neufeld memo. There is a strong belief that the memo was issued in violation of the Administrative Procedures Act. There is also the belief that the memo violates long-standing precedent and established law. It is believed that there are numerous industry groups as well as individual companies that may be pursuing litigation on this matter. The BLC is in the process of working with the American Immigration Council to create a special section within its clearinghouse service http://www.legalactioncenter.org/litigation-clearinghouse (http://www.h1cap.com/blocked::http://www.legalactioncenter.org/litigation-clearinghouse) specifically dedicated to collecting and posting relevant documents and information on this issue. This will allow all interested parties to be kept up to date on efforts being made to address this policy. We are looking for information regarding actual litigation as well as significant meetings, letters, etc. to USCIS officials as well as Congressional members on this topic. We will then organize the relevant documentation and make it available for access by others. If you are interested in participating in this clearinghouse effort, please keep us updated on your efforts. contact mfh@hammondlawfirm.com for additional info.



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  • spdy_mn
    11-06 12:52 PM
    Positive or negative we need to know what is going on out there, this visa deal has made me a geek (no offence), I watch CSPAN when Monday night football is on.

    :rolleyes:

    I bet C SPAN was more entertaining than the Steelers drubbing of Ravens yesterday :D




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  • andycool
    07-16 01:04 PM
    With my very best wishes to those of you waiting for your GC, this thread is created for the lucky among us who received it recently. I am putting together a list of things to do, and not do, to maintain our freshly minted PR status, which should also help during future citizenship application. The list is mostly about little things that others have learned from experience (and I am learning from their experience, by reading in immigration-related forums such as IV). The more obvious things that can be found for example in USCIS handbook (http://www.uscis.gov/files/nativedocuments/M-618.pdf) are not included here. Below is a snapshot of what I have gleaned from Internet so far, and please add your own input(s):

    LIST of DO's :

    1. Carry the original PR card on your person at all times (e.g. in your wallet), keep photocopies in different places, and also store A# on your computers. Note: This is a contentious issue (do a google on "carry green card" and see for yourself), despite being required by law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Some people are naturally worried about losing wallet and the eventual hassle of replacing the lost card (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas others, including me, prefer to follow the law, in case I am suddenly asked to produce evidence of my legal status (e.g. in some border states, or unforeseen events, such as being involved in an out-of-state car accident where showing my DL might just not be enough). Failure to comply may result in, at best a fine, and at worst detention for breaking a law. (See comments by InTheMoment below for additional perspectives.)

    2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).

    3. Retain all employment-related documents, particularly original copies of appointment letters.

    4. Retain copies of all tax return forms from the year of your first entry, or (at least) previous 10 years (you can request IRS (http://www.irs.gov/pub/irs-pdf/f4506.pdf), or your professional tax preparer, for any missing copy).

    5. Maintain a detailed log of USA exit/entry, including dates, POE and countries traveled, beginning with the day of first entry.

    6. Maintain a detailed list of all legal troubles, including minor traffic infractions such as speeding violations (ignore parking violations, because they do not constitute legal "detention"), going as far back as possible. Keep copies of all relevant court papers, traffic tickets, proof of any payment (e.g. scanned copies of personal checks used, credit card statements), and so on.

    7. Update your social security card (http://www.ssa.gov/online/ss-5.html) to remove any restrictive clause about work authorization printed on it. Here is another thread (http://immigrationvoice.org/forum/showthread.php?t=20610) that discusses this point further. Note: AFAIK, the procedure changes nothing as far as your privileges go, and some of you may not even have such a clause on your SS card (I don't have it either).

    8. Return your I-94 cards to POE on your next trip outside USA, to "close the open files" on your past travels. AFAIK, this may be more relevant to those who applied for GC via special registration (NSEER) (http://www.ice.gov/pi/specialregistration/), and probably does not matter to others.

    9. Renew DL to get rid of the annoying "Temporary" word (in case you are in one of those states that do this).

    10. Update your status with your employer by filing new I-9 form (thanks to InTheMoment for this point).

    11. Continue to notify USCIS (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCR D) about change of address within 10 days of moving, as before (thanks to seahawks for this point).

    12. Keep a list of current and past residential addresses, including dates of stay. Retain all leases/ownership documents.

    13. Remember the basics: Initiate your GC/passport renewal process at least 6 months before expiry/Intl travel (Thanks to pappu for this point.)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    LIST of DONOT's :

    1. Do not sign up for voter registration card. In particular, never vote in national/state/local elections that are open only to citizens, because this is also a law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Even an accidental mistake (e.g. voting out of ignorance) is a serious offense, which would not only derail your future citizenship plan, but may even result in deportation.

    2. Do not develop a pattern of frequent and/or long absences from USA, unless you have taken prior permission for valid reasons (e.g., studying abroad, medical emergencies etc). Otherwise you may face trouble at POE on your next re-entry attempt, because DHS has become stricter in recent times about possible misuse of PR status, and POE folks are now trained to spot such patterns.

    3. Do not switch job soon after getting GC. This is one of the most discussed, but least understood, issues because no one seems to agree on "how soon is soon". The rule of thumb appears to be "6 months", and a safer bet is "1 year" (here is a thread (http://forums.immigration.com/showthread.php?t=154533) on another forum). This again relates to USCIS being increasingly sensitive to possible misuse of PR status, and this question will come up during your citizenship application process. (Invoking AC21 while GC was pending makes the issue somewhat different (http://www.murthy.com/485faq.html#13).)

    4. Those of us who self-sponsored our GC via NIW or EB1A route are not bound by such employer-employee commitment, but you should continue working in "similar areas of expertise" that you claimed in your NIW/EB1A petition, and preferably on a longer time scale.

    [This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]

    Cheers,
    Stuck(no more)InTheMuck

    5. When you file taxes Never claim your self as Non Immigrant .



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  • ilikekilo
    05-24 08:54 PM
    THIS IS A SERIOUS ISSUE. bumping up

    somneone in the core team mentioned once h1b is a necessity and green card is a luxury...thats true.




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  • jingi1234
    12-13 10:48 AM
    Was this the first attempt to get to USA? OR

    were you working in USA and went for a visting to INDIA?

    I was on F1 (to OPT to H1b) and planning to visit india in January,. I have to go for stamping.

    Thanks



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  • arc
    06-17 02:55 PM
    What can be done?




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  • gsc999
    05-24 05:08 PM
    Clinton and Obama voted for it.



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  • legal_alien_007
    04-26 02:55 PM
    You are right. L1s are paid shit and are not given proper insurance. Once L1 guy got sick and he went to Doctor and pharmacy, Pharmacy charged him $250 coz they wont take the shitty insurance (some Indian Insurance), L1s are being absued a lot

    TNMan,
    I feel sorry for your situation and you seem to be under a lot of stress. However lets show some civility in our discourse and not make this a blame game.

    When an american loses his job, he feels exactly the same way as you do, except that he doesn't really distinguish a H1-B from an L1.

    Replace 'L1' with 'H1-B' in your comments and see how they look,

    ""You are right. H1-Bs are paid shit and are not given proper insurance. Once H1-B guy got sick and he went to Doctor and pharmacy, Pharmacy charged him $250 coz they wont take the shitty insurance (some Indian Insurance), H1-Bs are being abused a lot""

    Lets work together to stop the abuses in the system.
    Remember that at the end, the solution should be fair to all the parties involved - immigrants, americans and the corporations.




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  • smodekurti
    10-12 05:04 PM
    Now that your H1B from new company has been approved, they must have reopened the old one to send the notice to lawyer requesting them to confirm that you no longer work with them.

    Anyways since ur new H1 is approved you have nothing to worry... chill and Njoy
    This could be possible cos my previous employer told me that they have sent H1B withdrawal letter to USCIS a sometime ago. USCIS might have acted on that request. But we never know.
    Thanks again.



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  • nonimmi
    05-24 01:11 PM
    http://www.informationweek.com/news/showArticle.jhtml?articleID=199701809

    Chill out yaar! Nothing will happen.
    In this CIRcus everyone joker is trying to impress people. So each one comes up with new new "idea"s. They better goto the show "Big Idea with Donny Deustch" and share their stories.

    We'll see where it goes. You know whats going on for 2 years. It is just a timepass for these lawjokers.




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  • pou-pou
    06-15 08:02 AM
    Ok here's a much better one than my last one, I'd like this one in the poll...

    -Matt
    Nice :thumb: Like it much.

    Funny how much the background makes it look better ;)




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  • NolaIndian32
    10-08 12:30 PM
    Guys, on a side note, please be aware that while you are residing/employed in the US and you pay and file tax returns for your employment in the US, per US laws/regs you have to pay taxes on your "worldwide income". Now there is a dollor for rupee tax credit, but assets taxed in the two countries differ and their rates differ too. So if you buy property in the India while in the US you may need to declare it or any rental income you may receive from it on your US Tax Returns while you continue to reside/work in the US.

    It is pretty complicated and you will need the services of an International Tax Accountant.

    Disclaimer: I am not an accountant, please do your own research based on the generlaized information in this post.




    desi3933
    03-22 12:36 PM
    AC21 is a law but certain provisions of AC21 have been introduced in separate memos.
    Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.

    Incorrect!

    Job Portability is part of AC-21 law. Read for yourself.
    AC-21 law (http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=H9005&dbname=2000_record)

    ��(j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE.�
    A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.��



    _________________
    Not a legal advice.




    desixp
    12-17 05:51 AM
    Hi,

    I am also struck in the same situation. My Interview was done on 7th Dec and so far I did not get the passport. Vfs website says "Your passport has not been handed over to VFS. I sent an email to 'ChennaiNIV@state.gov'. Got a reply that application is under process will be processed soon.

    Thanks for all the responses.

    DesiXP



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