Sunday, June 12, 2011

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  • viveksri
    02-28 12:08 PM
    Thanks Guys,

    I really appreciate all your input.

    VS




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  • rongha_2000
    10-11 04:52 PM
    Ok, if this is true, its sure that your employer is exploiting you and thats shameful. Keep all your correspondence in writing. If employer is not reply in writing somehow record your phone conversation with him and then
    1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
    2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
    3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.

    In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.

    hi,
    this might look an essay but this is true ----------------
    i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
    he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
    anyone has any suggestions on this issue , i will appreciate any suggestions

    thanks and regards




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  • amits
    12-18 10:38 PM
    Hi All,

    Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

    Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

    THANKS IN ADVANCE!

    - Amit


    My visa:
    - I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

    - With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

    My Wife's visa:
    - she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
    Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?




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  • diptam
    08-14 03:58 PM
    This is going crazy - If your Receipt doesn't comes in another 3-4 weeks will you Diefard fans of Robin Williams planning to visit him or send him flowers ??

    We all are going nuts beyond limit - I'm not excluding myself :D

    I am also a July 2nd 7:55 filer at NSC, signed for by R Williams. No receipts yet!

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    WIFE
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending



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  • fromnaija
    08-03 12:12 PM
    With a priority date of July 2006, you are looking at another four to five years before you get your GC barring any changes in current laws and available visa. Many people advise that you maintain your H1 during the wait just to have a fallback position in case your 485 is denied.

    So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa




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  • iwantmygcnow
    11-03 04:43 PM
    I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.

    Has anyone had any success with Texas Service Center for this kind of request recently?



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  • Munna Bhai
    01-18 12:38 PM
    Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.

    They can't deny anyone who has filed I-485 because you have already crossed labor + I-140. Yes, they will ask for latest financial report for ability of pay etc. I do know that lot of company stopped processing of GC during that time.

    Why the hell they don't stop H1bs rather than targetting people who already filed GC.




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  • a_yaja
    12-17 12:46 PM
    Hi,
    What's the Maximum amount of money the parents of a h1b person can carry from US to India when they are returning after a visit on B1 visa? I heard it should be a dollar less than $10,000 per person. Somebody told me its $10,000 per party. Please answer this.
    So if father & mother both are traveling back from US to India can they carry $9999 each in their hands while traveling through air? It will be $19,998 total for the party in total
    While coming to US I heard you don't have to declare the money/currency you are bringing as long as they don't exceed $10,000. So if they are taking most of that money back along with some extra cash (total < 10k per person) is it safe to avoid any questions/complications with US TSA/ CBP?
    Have anybody got into problems or delays?
    I just want to have the right information handy just in case.
    Please help by sharing the right answer. Thanks in advance

    I think that the total limit is $10K for a family (not person). If I remember correctly, on entering the country, we are asked to fill only one customs form for the entire family - and it clearly states in that form that the total allowed is a max. of $10K per person.

    Having said that, the following are considered to be cash (not fully inclusive):
    1. Traveler's check
    2. Cash
    3. Checks
    4. Money Order
    5. Cashier's check

    The following is not considered as cash:
    1. Credit cards
    2. Debit cards

    So if you would want to send more than 10K out of the country and not want to get into any issues and also be on the safe side, it would be a good idea to pre-load a debit card and then send it with your parents.



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  • pappu
    07-01 11:25 PM
    You need not worry about maintaining your H1B status in order to file for 485. Your 140 is already approved so when your date arrives to file for 485 you can file for it from Canada. You can come and work again based on your 485. You may go for councellor processing for your GC and get it outside the country. Councellor processing might even be faster than waiting inside US at 485 stage for long times until one finally get actual GC in hand.

    I commend your planning and applying for Canadian PR in time as plan B.




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  • senthil1
    06-28 01:14 PM
    Why do you think it is good news? Same Senators will be there in the Senate. Do you think they will accept skil? Not only skil any major immigration bill like AGRI, DREAM act will be stalled till next election.

    ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?



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  • centaur
    02-23 09:52 AM
    It's not easy to get a J-1 waiver, but with recent changes in the rule, by the time you finish your residency it will be easier. Its easy to get waiver in family practice or psychiatry. Its harder for Internal Medicine/pediatrics/Surgery and fellowships (except Geriatrics)

    1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.

    From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.

    2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.

    Its frustrating I understand.

    Good luck

    My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa

    I have following questions -

    1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?

    2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?

    3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?

    4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?

    5) How difficult or easy is to get J-1 wavier

    Thanks in advance for your replied




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  • Lasantha
    02-13 03:03 PM
    Cute!

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  • EndlessWait
    02-21 04:49 PM
    Hi:

    I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:

    Please submit documentary evidence that you, the petitioning employer, have the financial
    ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
    have this financial capability on the date you fied the ETA with the Department of Labor and
    cover up until the visa is issued. The petitioner may submit evidence that their net income is
    equal to or greater than the proffered wage, evidence that the petitioner's net current assets
    are equal to or greater than the proffered wage, or evidence that the petitioner not only is
    employing the beneficiary but also has paid or is currently paying the proffered wage. The
    service wil also consider copies of audited annual reports of the employer, or copies of
    audited financial statements of the employer. Evidence is needed for 2002-2003.

    Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.


    sorry to burst the bubble..this is v hard. i'd a friend worked for a small company and was denied 140. if you filed for 10-15 ppl company chances are u will face the prob.

    i'd suggest u file a fresh labor. uscis is v strict these days and will scrutinize.
    well its all these body shop companies who have created this mess.




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  • VivekAhuja
    05-28 06:29 PM
    I keep reading about how immigrants are important and pay taxes and contribute to the economy so they should be given rights/important and all that. There was even a thread that said if GCs were given to EB based immigrants the housing problem could be solved because of this buying power. STOP IT.
    The US does not need you, you need the USA. No one put a gun to your head and told you to come to the USA, you chose. You need to follow the tax laws so roads and other sevices you come to this country for can be maintained. Your buying power is less than 1% of the US economy. The laws do NOT prohibit you from buying property here so you can buy a house without GC.
    So STOP trying to potray it like you are doing a favor to the USA. Be realistic and solve the real problems instead of trying to find loopholes of hw to get the US govt. to give you GCs.



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  • sdudeja
    01-12 10:46 PM
    Its nice to see teachers on this forum. I came on H1 through the company GTRR. You can get their contact number from their site.I wanted to ask Sirvi that how about working with an NGO. Did you file your GC under EB2. I filed mine under EB3. Please tell me something about it.
    If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.




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  • eb3India
    04-08 10:50 AM
    Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..

    it means you don't have any experience in US politics, your relative is right election year is going to play some rule in immigration politics, democrats are pitching of hispanic votes they will try to do everything possible to get their vote, but main concern here is American public are against increase in any form of immigration. so odds are itz going to be counter productive for us as our case always depends on illegals.

    so your relative is right but itz better for you to change job and get along with your life, if they laws are changed for better you can start your GC with new company and get it without losing lot of time, if not atleast your going to make good money



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  • fastergcwanted
    07-26 09:13 AM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?


    Same thing with me. Lawyer does not release copies of Certified LC or I-140 approval.

    From what I understand that should not cause issues with AC21; however I would feel much better having these copies in my hand just in case....my 2 cents...of course ask attorney before making any moves...




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  • LostInGCProcess
    10-24 01:18 PM
    Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.

    My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.

    It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
    I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.




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  • sonu_Aug_2002
    07-13 11:39 AM
    EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.

    Please consult an attorney.

    yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?

    You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.

    Just want to get this right, for my own knowledge. Please clarify




    snathan
    01-28 01:35 PM
    I am trying to collect a list of some prominent people (scientists, doctors, entrepreneurs, etc.) who are EB immigrants or were/are on H1 for an article. Please share if you happen to know or can point to such information. For example, orkut was invented by a former H-1B visa holder. Any examples with relevance in the current economic situation will be specially useful. For example, somebody who immigrated to US on EB category is now running a business and/or employing Americans.

    Thanks!

    1. Sheela Murthy
    2. Indra nooyi
    3. Vikram Pandid
    4. Google Founder
    5. One of the Google Director/scientest from india - who found the Google news
    6. One of the Sun micro system's co-founder was indian.

    You can find lots people in the internet.




    yabadaba
    07-17 07:06 PM
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute



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