Saturday, June 18, 2011

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  • optimist578
    01-31 03:16 PM
    My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible. He finally decided to leave the company and lost 1.5 month pay. Now he has the following issues.

    1. He did not get his W2. And the company is not responding to his queries for his W2
    2. He had to pay the tax on the amount which he did not received any money for 1.5 months

    I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.

    Thanks.

    IRS requires every employer to furnish W-2. Take a look at this:
    http://www.irs.gov/newsroom/article/0,,id=106470,00.html





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  • saiimmi
    03-21 11:13 PM
    Optimystic!

    Did you see any LUDs on your 485 over the past few months?

    Thanks,

    Yes, I should have !! Its been a loooong Journey.

    I was stuck in backlog till Dec 06.
    Got I-140 approved in Jan 07.

    Then due to the lazy As*****s at the immigration firm that our company hires, who should have applied my I-485 in June 07 itself when my PD became current, but kept on procrastinating until got hit by July 2 fiasco. They didn't even were prepared to file on July 2nd nor on July 17 (though they had all papers from my end).

    Finally they applied I-485 on July 29th. (recpt dt: July 30th 07)

    Now my PD is current again in March and April...so finally I am getting somewhere near (hopefully)

    So first the backlog screwed me , then the attorneys, then the July 2 fiasco (making everything 'U' and then making everthing 'c' thus causing this whole another backlog again! )

    Anyway no hard feelings towards people benifitted by July 2 fiasco and who atleast got EADs. I hope I dont have to wait much longer :)





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  • titu1972
    07-03 03:58 PM
    Please contribute...





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  • Legal_In_A_Limbo
    03-20 09:13 AM
    Can any one share with me the AC-21 offer letter + Employer verification format?

    I am planning to send in my paper work for AC-21 and is doing by myself. I will really appreciate oif some one can guide me with that.



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  • RNGC
    09-18 09:12 PM
    First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...

    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.


    1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.


    2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...


    3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..

    Also, all our T-shirts should have
    "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back

    4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...

    5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"


    We cannot be perfect the first or second time....Lets learn from this rally....


    A pat in the back to all those who attended the rally....

    Good Luck





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  • p_kumar
    02-21 11:31 AM
    thanks for your responses. its just like stock market. who knows what will happen.



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  • signifer123
    02-17 03:24 PM
    but gmax doesn't render





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  • rbms
    10-15 08:29 PM
    Will mail on Friday



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  • jnagendra
    09-10 12:29 PM
    we are behind horses.. :(
    H.R. 6598: Prevention of Equine Cruelty Act of 2008
    H.R. 4780: To enact title 51, United States Code, "National and Commercial Space Programs", as positive law
    H.R. 6020: To amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes
    H.R. 5882: To recapture employment-based immigrant visas lost to bureaucratic delays and to...
    H.R. 5924: Emergency Nursing Supply Relief Act
    H.R. 5950: Detainee Basic Medical Care Act of 2008





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  • godbole_sanjaya
    01-17 08:33 AM
    Hello All,
    How about flashing the total contribution so far and the amount pending to make the target on the home-page?

    Hopefull, this might be inspiring.



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  • deepimpact
    09-10 01:04 PM
    I thinkThis year will be good for EB3.
    With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
    Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.

    CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.

    If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.

    I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.





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  • actaccord
    02-17 03:38 PM
    have the process/steps on how to redeem those air miles ?



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  • Imm_Exploited
    03-15 09:52 PM
    I wonder who wants to take credit for the elimination of the labor substitution provision that has been (mis) used by the immigrant community as well as some employers. Labor substitution was one of the reasons for the back and forth of priority dates movement. Thankfully, effective July 2007, the labor substitution rule has been eliminated.

    The immigration system was more of screwed-up one till March 2005 (not that it is no more a screwed-up system now) when the PERM was introduced. With the introduction of PERM, the priority dates were common for EB labor certification nation-wide. Prior to March 2005, we had a screwed-up policy of state-wise labor-certification backlog where those who filed from states like Maine or Nebraska had an advantage of getting not only the approval of labor certification (form ETA 750-A/750-B or ETA 9089) faster but also having the Green Card in hand much sooner than those who filed from other states.

    Though the introduction of PERM, removal of labor-substitution, and the 180-day rule for name check have noteworthy and life-saving benefits for immigrants, there needs to be more transparency from DOS/USCIS on how the EB GCs are allotted or wasted unused.

    IE





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  • p_kumar
    02-20 03:16 PM
    Do you belive this guy?. His name is Ron Gotcher. All he will say is GOTCHA!!!!:D

    But seriously, Any chance of Eb3 advancing this year?.



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  • singhsa3
    03-03 05:09 PM
    Folks,
    Please help me in refining the message: I plan to send to some major media.
    *****************************
    Dear Sir/Madam,

    We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
    Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
    • Average age: 30-35 years
    • Average years of stay in the USA (all legally): 7 years
    • Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
    • Average Salary: $75K+
    • Average net worth: 100K-400K (mostly liquid)
    • Average occupations: Information technology, Doctors and Financial Analysts
    • Average education level: At least undergraduate
    • Average credit history: Excellent

    Note: If needed, we can cite the source of the information, which is from the government itself.

    As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs

    Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.

    Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.

    We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.

    We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/showthread.php?t=17660

    Yours truly,





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  • Jaime
    09-10 02:02 PM
    Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.

    this is copied from the catalog of the school:

    The following categories will be considered as Florida residents for tuition purposes:


    Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
    Full-time instructional and administrative personnel employed by a public educational institution and their dependents
    Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
    In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
    Others as permitted by state statute or rule


    Nice! Too bad we're not allowed to move!



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  • a_yaja
    12-28 03:25 PM
    Please excuse my ignorance,,but what is 529

    529 is a college savings program that lets you put in money for your children's education. All contributions to the 529 account grow tax free, as long as they are used for higher education (bachelor's and above). Currently, the contribution is not exempt from Federal Income tax, but in Ohio, the first $2000 is exempt from state income tax. If the money is used for anything else other than higher education, there is a 10% penalty and the withdrawal is taxed as ordinary income. I think you can get away with the 10% penalty if the designated child gets a scholarship.





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  • lazycis
    12-21 06:14 PM
    This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.

    :mad::mad::mad::mad::mad::mad::mad::mad:

    If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.

    Also, read 8 USC 1255(k)
    (k) Inapplicability of certain provisions for certain employment-based immigrants
    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if�
    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien�s admission.



    Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D





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  • sanju
    04-04 03:43 PM
    You are confused on this. IEEE is against increase of H1B visas. They have never said anything about GCs. If they have, show me where.


    That is a good question. And here is a reply to that.

    Why does IEEE oppose H1? Because its members do not like competition from people whose profile match IV members i.e. people on H1B. If IEEE would be in love with green card and people waiting on green card, they would not support John Miano and his testimony. IEEE-USA's memberships consist of middle aged racist engineers who cannot keep up with the competition from mostly Asian younger workers. In the 80s and 90s, they were talking about globalization and its benefits as they got a jump start to get most of the global work. Now, other people in other nations have caught up and same globalization is causing them to pee in their pants. They understand that globalization is good for the country and the society. But what is good for the nation is not always good for each and every individual. So to save their lazy ass, they now want protection from their government, without realizing that if they get the protection they are seeking, they will not be able to enjoy that protection for very long as the companies will be compelled to look for more efficient and cost effective ways to do work.

    Anyways, answer to your question is in your question i.e. How could someone be against H1b and for green card?





    indianindian2006
    07-14 06:09 PM
    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate

    You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.





    chanduv23
    09-28 03:36 PM
    Good point Jaime... currency strengthening has nothing to do with general career opportunities in that particular country. In short term it is because of interest rate differentials and in long run it is because of multiple factors primarily being inflation and trade balance. Therefore moving to Europe or India (best performing Asian currency this year) because of appreciating local currency does not mean anything as far as your career opportunities are concerned.

    By the time you are settled in Europe (5-10 years), the currency rates may reverse because US would have started exporting more goods to Europe as US goods would be getting cheaper. Euro and dollar zones are mature market based currencies so we can say something about them.

    However, same is not true for India largely because of intervention of RBI. However, look at Japanese currency, over 3 decades it has risen from 600 yen to 115 yen even after intervention of Japanese central bank. This is because of strength of exports from Japan. So it is possible that INR may end up somewhere near Rs. 8-15 if we go by PPP or somewhere in between depending upon trade balance and inflation. However recent reports suggest that Rs. 32-35 is breaking point and Indian software exports will become costlier than simply offshoring to Arkansas or Illinois. Therefore, most likely Indian govt. will step in and avoid dollar free fall against rupee.

    Very good analysis.

    On another note people discuss about excessive war spending and lack of funding for technology and research and innovation and offcourse, lack of motivation to fix the legal immigration mess and protectionistic policy appproach as part of vote bank politics.

    So we have two different perspectives here.



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