Tuesday, June 28, 2011

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  • qplearn
    09-06 04:26 PM
    Yes, it is possible that they might consider legal immigration within an enforcement only bill.

    I recently wrote to my House Rep expressing the need for Skill bill; I urge all of you too.

    For those who think there is opposition to H1-B, please call Lou Dobbs.

    (I know there is some opposition to it, but Skil bill was recently introduced by a republican as well. So there is no reason to lose hope.)

    qplearn

    [QUOTE=GCard_Dream]I saw the following article on the yahoo news. From what I can gather, it appears that there is a strong desire in the republican leadership to come up with some kind of legislation before the election to strengthen the border security but not deal with the 12 million undocumented folks. Both house and senate leaders are kind of agreeing to strengthen the border first and get it done before the election.

    I believe this might be a good chance for us (legals) to insert our goals if there is a border security legislation because there isn't that much opposition to the cause of legal folks. Do you guys agree? In fact, I am kind of glad that republican leadership is abandoning the CIR and trying to come up with a border security legislation first. This might be a great opportunity for us to get something done. Here is the article:





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  • domainguru
    04-04 12:11 PM
    I don't think anybody has given up, I am guessing its the weekend effect.





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  • number30
    07-01 11:45 AM
    Sorry for my ignorance. But, do person on H1 also had to declare his assets and income in his home country? This looks absurd. While on one side US government does not think us either citizens or permanent residents, we are here on a temporary visa program. Then why should we declare our assets in home country.

    Or may be this rule is for only those who are on GC or already citizens here. Then it makes some sense.

    Can some one who know about this rule put some light here.

    Thanks.

    Even in India it is same way. If you any foreigner stays in India for more the 183 days he needs pay resident tax. Definition of the IRS Resident is different from USCIS resident (permanent resident). Most of the Countries tax the Worldwide Income.
    In Dubai you do not pay income taxes. So your Indian Income will also get tax exempted.





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  • tmskhan
    04-06 12:14 AM
    I use ATL, GA or DFW,TX as POE almost every week since I am working in an international project in Latin America. I have both H1B and AP but I always use H1B. And I don't think any of the immigration officers ever asked me more than one question (such as.. who do you work for? or how long have you been outside USA? ) before they stamped my passport/I94.

    Thanks for sharing all POE Experience. It really helps.. If anyone used Atlanta, GA as POE recently, can you pls share your experience.. we are planning to travel sometime soon and want to get an idea as what to expect..

    Thanks again!



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  • nk2
    10-01 12:49 AM
    Absolutely. People need to believe in their own selves while working on advocacy effort.
    By being cynical about their own effort they are not realizing their full potential of what they can do collectively. There is a lot that has gone into this effort instead of just collecting 5K and submitting a 5K request to USCIS and wait for them to give us data. Look beyond just your $25 as any advocacy effort is not as simple as going to a grocery store, paying money and buying the goods. We wish it was as simple as that. Some of that information of our effort had been posted on the donor forum. More can be given in our next conference call.
    Immigration voice has come a long way in these years and known in DC. We have tried very hard to get the data available. Till now no other organization had done such an effort and data was not available. USCIS was under no obligation to make this data available on their website. We need to feel proud of what we have achieved.

    The IV leadership really needs to be commended for their dedication to the cause of our community. You all have full time jobs, families to take care of. In spite of that you give a lot toward achieving the goals of our community. I have been a member of IV from several years now and have really come to appreciate what IV has done; from �July 07� to FOIA. I and many others like me have EAD solely because of the efforts of IV during July 07. It is not just me that feels grateful for what you do, there is a silent majority that appreciates your work but may not post comments on the board.

    I can not fathom what drives the commitment of the IV leadership but I do know that it is very rare to find leaders like you. Our community is lucky to have people like you leading us.

    Please keep up the good work.





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  • pani_6
    09-20 05:49 PM
    I have mailed mine $ 100 to the address..I think we got to post the stuff on immigration.com and murthy.com and other yahoo groups..



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  • dontcareanymore
    08-23 12:34 AM
    Mine got denied last year for these reasons and i have been on EAD since then.

    1. Petitioner is not in compliance with the terms and conditions of
    employment.
    2. Petitioner does not qualify as either an Employer or Agent - Not eligible
    to file an H1-B Petition.
    3. Petitioner is not an Agent.
    4. Petitioner is required to submit a valid LCA for all work locations.
    5. Position is not a Speciality Occupation.

    Infact it is a 12 page denial letter, these are just bullet points of it.

    Although I feel sorry for the people who got their H1s denied, it looks like USCIS is getting tough on these sweatshops. Most of the time, these companies file an LCA for a particular location and place them every where. That is a violation.

    Hope they get as tough on these BOGUS EB2 green card petitions as well.





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  • gcdreamer05
    11-03 07:40 AM
    Just in case there are more delays, does anyone here know what is the procedure to get Interim EAD ?

    Is Interim EAD given only if card is not approved or is it also given if there are production delays..

    Has anyone tried Interim EAD approach?



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  • Devils_Advocate
    03-09 11:59 PM
    There cant be any fire without a spark, i think this needs to be investigated further for everyones benefit, if everyone whose written about someone they know that has been turned back, its their duty to bring those victims forward here so we can further investigate and take action.





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  • same_old_guy
    01-31 02:04 PM
    You should be little more respectful when speaking about H4 issue. Your words are very offensive to me and people like me in this forum. The news does not say anything about non-working spouse in any place. It just implies ITIN = illegal immigrant

    QUOTE - "A mini-brushfire broke out in the Capitol Wednesday as members realized that the decision to refund tax payments to ITIN holders meant illegal immigrants could possibly benefit."

    "House Minority Leader John Boehner insisted illegal immigrants would not benefit because they generally don't use ITINs to file tax returns since the very use of ITINs indicates the return may have been filed by an illegal immigrant."

    It is unfortunate that H4 is mixed up in this. Bottom-line is this - if an non-working american spouse should get the rebate, a legal H4 spouse should also get the check. I think we all agree to that.

    yabadaba, give us one reason why you dont agree ? Because to me IRS treats an H1 and citizen exactly same way. Why should they treat their respective spouses differently ?








    H4 my not qualify for... 01-31-2008 01:34 PM
    H4 my not qualify for... 01-31-2008 12:36 PM I think it's idiotic.
    H4 my not qualify for... 01-31-2008 12:09 PM H4 are joint tax filers, you dumb ass.
    H4 my not qualify for... 01-31-2008 09:01 AM idiotic response

    thanks guys for the red dots and your flattering comments. Shows that a person cannot have an alternate point of view with regards to taxes. As I said before to eb3_nepa, with regards to taxes, its my view and mine alone. I never said it was universally fair, I just said its fair for me.



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  • CADude
    08-05 08:40 PM
    Copy of 140. Never send any original except Medical report.
    Any responses please...





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  • flygo
    09-21 06:17 PM
    We're so screwed, been played all the way down here.

    Only a dominant Rep. controlled congress after mid-term election could be our hope. Why? When US decided to make official contact with red China in the early 70's, who was in charge of the US government? Nixon! Only a hard-core right wing leader could do that w/o being labelled as a traitor. Likewisely, Dem is always being criticized for being weak against illegal immigration as well as slow to handle national security issues. There's nothing Dem can do for us.

    I wouldn't be suprised to see that frustrated H-1Bs and hopeless H-4s use whatever it takes to make some shady money, like H-1Bs not reporting tax for the second jobs (consulting, ...) or H-4s smuggling fake Tiffany's then sell on Ebay. Only money matters in this cruel world.

    On the other hand, we should keep our option open, immigration to Canada, UK, even Australia would not seem like a bad idea. The bottom line is their infrastructures are way better than where we're from. Moreover, if we do love working in US, just come back after finish the "immigration jail" (Canada TN visa is pretty good in this sense).



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  • dimpi
    12-29 11:05 PM
    UN,

    doesn't it mean that a person in my scenario has no way to continue my GC processing because -

    1. i can't stay in country as h1 6 yrs exhausted

    2. Once outside country can't renew AP or come back on H1 until one year during which time if FPs are received in case, case reopened. 485 will be denied

    So in legal terms, scenraios like mine has no options for applicants to continue GC process once appeal is approved. This is really strange.

    There is nothing in any regulation that lets the applicant stay until appeal is adjudicated.

    Did you ever encounter case like mine on immigration boards, and if yes what did they do?

    thanks




    Yes; this is a good scenario.

    One of the key things of the memo that uscis issued in December 2006 is that if you have a labor older then one year or 140 approved then you are never subject to the h-1b quota; no matter how long ago you got off h-1b or how long you have been outside the country.

    In scnearios where 140 has been revoked by employer or uscis and you have exhausted all six years of h-1b then there is no way for you to get back on h-1b without leaving the country for one year and re-applying. In the labor substitution days; if the labor was older then one year; you could have used that as a basis to get back on h-1b; however; you can no longer do that.

    If you leave and your ap has expired and they wind up eventually re-open the case; then you would not be able to renew the ap because you are outside the country; you would miss fingerprint appointment etc and your case would ultimately be denied. If the ap is still valid then you could re-enter. If you could get back on h-1b then you could re-enter on h-1b since entering on h-1b is not considered abandoning the adjustment of status application.

    Labor substitution really helped in these scenarios of getting a person back on track but no longer.

    Three and 10 year bars are pretty fatal. Even if you overstayed by more then 180 days and you left and somehow you were able to obtain a visa to come back before the ban was over; it would not be considered a lawful entry and would come back to haunt you when you apply for aos again (I do know people where this happened).

    It is difficult for me to tell people to do "as I say" and not "as I do"; since i used ac21 portability myself (took 4 years to get my aos approved). However; my situtation was different; i worked for a big public company which had little history of filing greencards (it was not a greencard factory) like a lot of the companies whom people file with.

    in 2004-2006 when i was on immigration portal; a lot of people contacted me regarding rfe's, denials, appelas, etc; I can tell you that very little of the situations actually make it to the immigration boards. Most people take a very simplistic approach to things until big problems happen. USCIS is denying h-1b's (even 7th, 8th year extensions); revoking 140's for various reasons; department of labor can revoke a labor approval at any stage (even if 140 was approved).

    over the next few months; years; uscis will continue to develop more investigative tools; be able to put together more information and become increasinly more narrow in their interpretations of laws/rules/memos. Main thing I can tell you is to stay on h-1 until you ultimately get the greencard.

    Depends on how risk averse/taker one is. I've found that most people walk around scared until they get greencard and then all of a sudden they become risk takers.





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  • mps
    07-30 02:10 PM
    Called all Democrat offices - all the office-staff were nice to talk to and they promised to pass the message to congresswomen/men.

    Will call all Republicans before end of day today.



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  • sundarpn
    06-30 05:07 PM
    So just fill this form and mail it? Is this is just a declration for their "informational" purposes? (after bernie madoff scandal?)

    or Is this, in anyway going to increase our taxes?





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  • CoolStrom
    06-15 08:04 AM
    Thank you.



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  • gccovet
    11-24 04:06 PM
    I will participate in both. Count me in.

    Also, will contribute in a fund drive.
    GCCovet.





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  • rockstart
    07-16 12:38 PM
    EB3 ROW is just 2 years behind and If I step into their shoes to think. Filing a new EB2 labor and 140 will consume easily 2 years if not more plus headache to prove its EB2 and money spent. I am sure many will prefer to wait. May be new cases will be tempted to try EB2 route.

    Yes godalguru theres a possibility that EB3 ROW starts jumping to EB2 ROW. But I dont think they start doing it right away.





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  • rock
    02-24 09:57 AM
    nixstor,
    I am thinking to do Masters not only for GC but also to make progress in my career. My EB3 PD is Jan 2006. When I would finish MS, I can port my Jan 2006 to EB2 category.
    Thanks





    chetanjumani
    08-24 04:10 PM
    Hello, one of my friend had recently filed for H1B and needs guidance

    Current Status : H1B expired, applied for renewal, converted to Premium processing to be able to renew drivers licence. He got an RFE asking tons of details about the company. The company responded, and was told by the lawyer that he is stuck in background check. He tried to contact a senators office to get the status and was informed by the senators office that USCIS intends to send him an denial notice and the case is with the clerical staff to send the denial, he would hear shortly from his lawyer.

    His I-94 has already expired, he has a 140 approved recently and has not yet filed 485.

    What are the immediate steps he needs to take to maintain his status in the country.

    Any guidance will be highly appreciated.

    Thanks,





    kaushik07
    01-09 08:09 AM
    Thanks a lot for all your responses. I forwarded the links to my attorney to take a look and follow accordingly. Appreciate all your help guys!



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