Thursday, June 9, 2011

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  • GreenMe
    07-21 11:51 AM
    This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.

    We now have a senator to focus our energies on - Dick Durbin.

    How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?

    Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.

    maybe we can send an apple too :D

    sending to sen obama will make sure the issue is played in media because of the presidential coverage.


    Liked the idea of sending copy of diploma ... but whats the message ???




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  • gkaplan
    04-21 04:43 PM
    Hello
    My story is:
    I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
    Questions are:
    1. Can my employer apply for a Perm Cert for me if they want.
    2. After getting the perm cert. can my employer file I 140 under EB3 for me?
    3. Will I be eligible for premium processing for I 140 application, in 15 days?
    4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
    a. Then I'll still be working with my current EAD, right?
    b. Then what happens after May 2011?
    c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
    d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
    thank you very much




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  • meridiani.planum
    11-21 12:07 AM
    You are from ROW....here are some things to consider....

    Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.

    If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).

    You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.

    Hope this helps. Good luck.

    I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!




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  • gondalguru
    07-08 07:53 PM
    As tax returns are filed online now (I used turbotax).... do u need to attach all the 1099s (1099 div, 1099 misc etc) that u get from bank, brokers etc to 1040 forms???



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  • pappu
    03-06 05:47 PM
    Pankaj, can you organize the conf call and start activities. Others will join and help you.




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  • joydiptac
    04-21 02:44 PM
    Hey don't get too hasty here.
    You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.

    Here are my answers:
    I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

    My spouse is on H1..can i switch over H4..
    Yes but why?
    > My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

    so here is my dilemma::confused:

    a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
    No. H1 has to be refiled.
    b.) Can i file for H4 on my own..is it complicated?
    Yes and Not complicated (I haven't done this but I have seen the application).

    c.) if i change to H4..and my PD becomes current (PD Dec 2005)
    .) Can i file for AOS..as my 140 is approved..
    NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
    .) Suppose i go back to desh ..can i file for consular processing..if my PD become current
    I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.

    thank you!

    BTW are you from IT BHU?



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  • Ann Ruben
    05-13 03:20 PM
    I you manage a team of engineers who themselves hold university degrees, you may very well qualify for L-1A status and your chance of getting an approval could be better than if you refile the L-1B.




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  • newuser
    02-17 07:54 AM
    Hi Everyone,
    I am relatively new to this forum and for the first time, I attended the conf last night and happy to see many people coming forward and discussing the immigration issues. I learned a lot about what IV is trying to do and would like to help IV any possible way by spreading the word.

    As discussed last night, I will print out of the flyers and put them inlocal grocery stores and temples.

    Best of luck to everyone.



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  • youngindia
    06-08 01:27 AM
    Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.

    H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.

    When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.

    The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
    As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.

    Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.




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  • Juan28210
    11-03 04:11 PM
    The health benefit is actually indicated in my employment contract as part of my employment package. However, they later informed me that the health benefit is already part of my salary.

    I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?

    Thanks!



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  • Beemar
    12-14 11:41 PM
    Dude, are you serious? You will, only possibly, be laid off in April next year. Means you have got 4 months to find yourself a new job. You already are in I-485 stage, so you don't need any immediate visa to maintain status. And you are telling me you are distressed?

    Grow up. I know many guys who are already sitting without job and valid status for 6 months, and even more. I mean, I can't believe you are serious.




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  • txh1b
    04-20 10:56 AM
    In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.

    That is not true. There is no default assumption and call center folks have no knowledge about things.

    I have first hand experience with the same scenario at the same airport and CBP said it was a good idea to come back rather than assume a 6 month stay.



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  • hiralal
    09-30 10:11 PM
    Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
    atleast they are doing something. I have not recd a RFE but I can understand the tension that a family undergoes because of RFE ..I don't understand your problems with AILA though ?? less RFE's mean less lawyers fees and it is high time that someone talks about the unprofessional USCIS




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  • chanduv23
    09-10 02:23 PM
    texcan,

    I did create such a platform. Launched it two weeks back. http://www.h1bfraud.com.

    There is one more started by an IV member called www.desicrunch.com and another called h1bmajdoor.blogspot.com



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  • Canadian_Dream
    08-09 09:37 PM
    Department of Homeland security (DHS) doesn't conduct background checks for Adjustment of Status cases. These are done by FBI which is a part of Department of Justice.This DHS announcement has nothing to do with background checks for AOS cases.




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  • chi_shark
    09-09 04:30 PM
    :eek:

    What the h### am i getting the red dots for anyway? it looks kinda cool!



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  • superdude
    07-17 11:26 PM
    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
    I think you are good.She needs to mention that she left to India after filing for 485 at the POE after returning.Talk to your attorney once.




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  • phillyag
    05-30 04:43 PM
    2. I140 receipt
    3. I485 receipt


    Would photocopies do for the above 2 docs ?




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  • sree_99
    02-03 11:54 AM
    Thanks Everyone, Your comments are really helpful. I was able get hold of my attorney and he mentioned the same thing as most of you replied. She should come back on AP.

    Thanks




    haider420
    06-13 09:46 AM
    Yes you can.

    firstly, thanks for replying.

    I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?

    do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!




    gcnotfiledyet
    04-20 01:53 AM
    You will be extremely lucky to get any student loans without a US citizen/GC co-signer. I tried it in 2005 and had to get a co-signer. Now with economy tanking it will be tough sell without a co-signer. So do not waste lot of time in searching for student loans in US.

    As for credit cards, new laws passed by congress will not come into effect until July 2010. So until then credit card companies can screw you left and right. That beast is best not to deal with. Do not trust any lifetime APRs or anything from credit card companies. They can jack up your rates for no reason. There are no laws protecting consumers. Do not become another statistics in their game. No amount of credit card arbitrage justifies the time it needs.

    You can try HELOC if you have equity in your house.

    In my opinion even if you are paying 13.5%, it is best to keep student loans from banks. You can put them in deferment 6months post graduation or until you find a job. If you lose a job then you can get extension of deferment later down the road. The advantages associated with student loans are priceless. The money you will save by trying something different might not be your one month salary. In short not worth the headache.



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