Friday, June 17, 2011

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  • raj2007
    06-15 01:00 AM
    This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.

    Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.

    Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting

    This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.




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  • apple
    06-11 03:39 PM
    This can financially drain you out. My insurance agent told me that they cant get the money straight out of your bank account , because how will they find out your bank account number and the bank? How do they know how many bank accounts you have? What if you send money to India before the judgement is entered against you? If you have a house, they can go after your house or car. What about their own insurance policy? Maybe their insurance can also pay as uninsured motorist pay? Retirement income is usually protected in some states and hence I dont think your 401K is at risk. Once your insurance company pays out the maximum, you can basically say hands up, I have given up.

    I am already financially/emotionally drained out due to my accident. I guess its going to be deja-vu for me again.

    Now I have hardly any money in my bank accounts(around 14K to be precise), and no house , which seems to be a good news and they cannot rip off much.

    Only questions I have now are:
    1. Any idea generally how long these things can go on?
    2. During the trial will there be any restrictions on leaving the country (In genuine emergency situations)?
    3. In the worst case if I am willing to give-up my GC..would it still make sense for us(my spouse and 2 kids) to go thru all this emotional stress all over again by staying here and thinkign about what will happen tomorrow...?




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  • raj1998
    04-19 08:47 AM
    My M.C.A was 3 years. this will help?

    -vga

    I think you have gathered quite some info. Best suggestion is to talk to a lawyer and let him have a look at your case... I think you have a chance




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  • lfgc
    12-29 09:28 AM
    Techy wont bother us again. Say TA-TA to techy2468.

    Sorry this thread took an ugly turn with techy's profanity and inflammatory comments.
    I know that this guy techy has written some strong stuff all the while...But, if you're banning him for this post...don't think this is right.
    His question seemed legitimate.
    His arguments may not be well liked...but, he seems to hit the nail hard...that's about it. Remember, life isn't a bed of roses. So, lets learn to take what's hard too.
    Good luck.



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  • mrdelhiite
    07-26 07:36 AM
    my 2 cents!!


    if you are single and apply for 485 and get a EAD can still being ur wife from India on H4 as long as u DO NOT use EAD and DO NOT get 485 approved.


    EAD to me has major benefits for the spouse. I think everyone agrees that 485 retrogression gona happen ... so if that happens u cannot get a 485 approval or add ur wife till almost close to 485 approval .. as ur PD wont be current. In this period u will never be able to use EAD as ur dependent will go out of H4 status ...

    Also it is never recommended to use EAD and maintain H1 status ... so to me if you are single and have no plans as of yet to get married u will not use the interim benefits and pay EAD fee every year.

    u will be in the 485 queue and if anything changes about green card u are atleast far enough to not to start ur application from beginning... also if for some reason u decide to use ur EAD the way around is ur wife to get another Visa like F1 ....

    hope this helps.




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  • pcs
    01-10 04:56 PM
    I wrote letters to Charles Oppenheim who release the VISA Bulletin about not using the VISA Spill Over.. I think this is the best option today to make a lot of noise by writing letters and there is a good chance that he will take notice an d release the spill over.... I urge all to write 2 - 4 letters to him ASAP so that we can see some action before next bulletin...

    See the address... Calling will not hurt eother...

    Mr.Charles Oppenheim

    2201 C Street Northwest
    Washington, DC 20520-0099


    (202) 647-4000



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  • 53885
    05-24 02:32 PM
    Read this one.

    http://www.informationweek.com/news/showArticle.jhtml?articleID=199701487&pgno=1&queryText=

    Oracle clearly said that if they can not bring people here, they will send work to one their global offices.

    As with the proposed bill Microsoft and others will be labeled "H1B dependent employer"

    Most of the big firms Oracle, MICrosoft, Lehman etc..all the big ones are full of H1B people. ..




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  • greencardvow
    10-12 05:39 PM
    I have 4 H1 cases in my portfolio. All 4 H1's are from different companies. The first H1 case is from the year 2000. I have never received any such notice in the past. So this is really something new.
    Guys
    Please do update us if any of you or your respective attorneys have received the notice from USCIS. I am in touch with the attorney of my previous company and hope to have something next week. Will keep you posted but looks like USCIS has started this exercise only recently as we have not seen this kind of posts in the past or as SmartBoy mentioned, many of us might not have created a portfolio to check the status of all the approvals we received so far on our immigration journey.



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  • Bpositive
    10-06 07:45 PM
    i would wait a few months unless i had cash and could get substantial discounts...of course you may already have a great deal that you want to close...however, at a 12% rate, you have to be careful....lots of people will be looking to sell their flats soon...and there may be a temporary downturn in the market that you can take advantage of..get all your paperwork ready...but wait a bit to pull the trigger...

    free advice...take it for what it is worth




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  • gunsnkars
    11-02 11:45 AM
    Agreed getting a GC is a painful process not to mention the bureaucracies that go with it.Agreed serious lobbying is necessary to bring about a change in the legislative system coz waiting for years to get ones GC is plain ridiculous.But the idea of REVERSE BRAIN DRAIN is just a myth.I am pretty sure that atleast 80% of the people are just average Joes whose intellect is just better than those blonde babes of the "Girl next door" reality series.We should be glad that we were raised in a foreign country lest would have replaced those poor old folks saying "welcome to wal-mart".So lets stop talking about reverse brain drain and atleast not try to replace those intelligent ones back home. We being here is best for our country and our economy.



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  • ARUNRAMANATHAN
    09-17 01:55 PM
    Can someone post the link for Video / Audio ... Thanks




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  • pd052009
    04-04 10:16 AM
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey in I-485 filing w/o current PD thread (http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html). Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey. 2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�, 3)Print/Circulate Fliers and spread FB, wiki link (see "support thread (http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1845295-support-thread-for-i485-filing-w-o-curr-pd-initiative.html#post2243885)" for more details)

    Dear IV Members,

    If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
    As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
    If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.

    For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
    Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)



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  • Immi_Chant
    01-30 07:24 PM
    Done. Its question # 78 as on 4.37 PM PST.




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  • va_labor2002
    07-27 02:57 PM
    I agree with you.But,there are some other good things you get when you have a home.

    1) Tax benefits when you file your tax return.
    2) Comfort and convenience of a home,which you don't get with Apartments.
    3) If you have a backyard,your kids will have lots of space for playing.
    4) privacy of idependent living space.

    But there are risks associated with home buying !

    -----------
    I will repeat again, buying a house now is a bad idea, don't be swayed by on-paper profit making stories of other people. va_labor, you were lucky to buy a house in 2002.
    On paper you do have 100K notional profit but things are different now. It would be interesting to see if you can make a 100K profit again by buying a house "now" and say selling it in 2010.

    The houses are highly overpriced. Only people making suggestions for buying house "now" are realtors and please excuse me, va_labor, people who want to make 100K profit now on other suckers. Wait one to one & a half years more and you will get these same houses for cheap. va_labor ;) , If you want to make your 100K profit, you better sell you house now, or it might be too late in one or two years :)



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  • learning01
    02-01 12:43 PM
    Look. There are 2 sides to a coin. I was a victim by my previous employer, who is a global corporation (120 k emp), who couldn't succeed in US market.

    I know many small and medium companies ( and I refuse lable them in any other way) who are good employers and who truely furthered and moved the GC applications.

    This talk is not correct. The situation is due to a visa regime (regime=tight control on every aspect), neo-conservatives dictating and bulldozing policies, bums and incompetent lawmakers (some of whom get thrown out each 2 years), lack of budget and personnel (and yes, Iraq is sucking everything out) and importantly lack of organization or godfather to look after our genuine needs.
    IV stepped in and is doing a yeomen service and we should be proud of it. Results will come.

    All Indian owned desi companies are cheaters.




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  • smisachu
    01-21 04:25 PM
    smisachu,
    You seemed to be a Pro with so much of information.
    I know this is a pretty old thread, but interested to find out if you give some tips on starting this business on a H1B and how i can withdraw profits from that?
    Any help is appreciated.
    Thanks

    What exactly do you mean when you say starting this business? Do you want to open a trading account on your own and trade? Join a day trading firm? Or open a Fund? Each one will have different implications on H1. You can open your own investment account with a brokerage firm and trade your own money, no problem with H1 what so ever.
    If you join a day trading firm you will have to be on H1 with them. Very few ones do but I know of a couple who will do it. In fact a classmate of mine is working as a Trader/Analyst with a small trading firm in NYC. They have sponsored his H1.
    Starting a fund, (if you can get the seed money :D), you open a LLC and sponsor yourself. You will be an employee of the company and draw a salary. You tell me what you have in mind and I will tell you what to do or what I did.



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  • shankar_thanu
    07-17 12:21 PM
    Yeah, we have to focus on long term relief. Getting AP and EAD is not a long term solution. I was hoping 'capturing unused numbers' or something better would happen with this July fiasco fix, does not seem to be happening now.

    Hopefully this DREAM act will trigger more amendments like 'no limits on STEM EB visas' to get into pending bills...




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  • americandesi
    11-02 05:13 PM
    You make these H1-Bs who have spent 6 years here (working on various products, technologies, ramping up, understanding customers, relationships etc) go back, they are going to start companies in India. Now all the capital stays out there. The same 5 products that could have been built in the US and sold to lots of companies abroad, will now have to be bought by the US.

    The irony is that, FBI had already warned the American Firms on this

    http://timesofindia.indiatimes.com/Watch_those_H1-B_hires_FBI_tells_American_firms/rssarticleshow/2207928.cms




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  • pitha
    07-12 11:41 AM
    If you heard what the restrictionist lawmakers have said about what to do with illegal�s, this retrogression makes sense. The restrictionists want to make life miserable for illegal�s by making it difficult for them to get jobs, this way the illegal�s would go back on there own.

    They are trying to do the same thing with us legal�s (without saying it aloud). If you are from India it will take you at least 6 to 8 years (if you are lucky) to get a green card. Frankly in the fast changing technologically advanced world how many people can hold on to the same job for 8 years straight, they cannot. People lose jobs because they are laid of, the company has run into bad times, the technology has changed and the company wants to move you to a different role or position etc, this way a lot of people have to switch jobs which invalidates thete green card process. They are making your life miserable so that you are broken down psychologically and finally will go away either on your own or because of some arcane rule, example the labor should be applied more than one year before h1 expiration etc, a living example is that Indian guy who posted recently that he is leaving US to work for Microsoft in Canada. This way they get the best of both worlds, you have young people in the prime of there life without any diseases who do not burden there medicare system, working hard and paying social security taxes and medicare taxes (which they will not get back) and in the end they are kicked out or go away on there own.


    I smell a huge conspiracy behind all this USCIS, DOS mess. I believe the only reason they did is to make legal immigrants life miserable. They did all this so they waste EB visa numbers again this year and make legals wait for years before they get LPR. By the time the an individual numbers comes for the green card some of them might become illegals and some after years of frustion have gone back home.




    sc3
    08-20 06:04 PM
    You are lucky man , my daughter is just 3 years old , I have to wait 1 year more than you :D:D:D:D

    Well, you can do PD porting :D :D. Adopt a 16-17 year American citizen kid(?), and you will be good to go soon. I guess you cant really adopt people beyond 18 years, but if you can, it will be like PD-porting to EB1 !! ;)




    caliguy
    10-29 11:56 AM
    @ leoindiano & others....

    I just sent an email 5 minutes back for all emails I got after 11 PM last night. Please check your email, you should have received the sample letter.

    For all of you who have sent me a msg to send you the sample letter and not provided me an email address, please send me a message again with your email address.

    Good luck!



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