Thursday, June 16, 2011

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  • ramaonline
    04-28 01:41 PM
    In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
    AFAIK:

    AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.

    The above is just FYI.. You can google for more info.




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  • EB2_Jun03_dude
    03-14 07:32 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

    I get 404 error when clicked on the above url. Did they remove it ? is it again the same July 2007 fiasco ?




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  • svermani
    04-03 10:31 AM
    Yesterday, I got RFE for myself and my husband and need to respond by April 29th.

    On my husband's 485 application we entered Last Entry Date wrong, they asked for the proof for the same and all I-797 issued to him so far. We have all his I-797 approvals and he was never out of status, but just worried that we put wrong date for Last entry Date.

    I have sent the RFE to my attorney, waiting to hear his response. I am really worried what it could mean, not sure if it is a big thing or a simple RFE, need your advice.

    For myself they have asked for I-797 approvals to show valid employment authorizations with the company from April 2004 - Deceber 2006.

    I also have another question, my husband is on EAD since last year. Our 6 years on H1 are expiring in June 2009. Can he get H1 for the period he was on EAD?

    Please advice.




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  • unitednations
    03-30 09:23 PM
    Thank you. I am trying to find out if people have got denials in spite of going through the NOID process.

    Received one today.

    Weirdest thing:

    Person's 140 was revoked by employer;

    person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.

    person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.

    uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.

    Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.



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  • arunkotte
    07-29 03:46 PM
    Company tax returns can only show the NET INCOME . You need an Audited Financial Statement prepared by a CPA to show NET ASSETS

    Schedule L on 1120S lists all the assets, Liabilities and Shareholders equity. Can this not be used to figure out the net current assets?? I got an RFE specifically instructing us to submit W2 and tax returns for 2006.




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  • preddy2k
    07-14 06:08 PM
    Good job guys, Kudos to all, especially IV team for organizing



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  • anzerraja
    07-19 07:40 PM
    There is a funding drive in this other thread towards reimbursing Aman's expenses.

    http://immigrationvoice.org/forum/showthread.php?t=10708


    Could you please pledge an amount ?




    Even if it is a typo and it turns out to be 6400$ which is unlikely, can everyone contribute 64$? Lets do our 1%. What say?




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  • purgan
    09-14 10:40 PM
    yeah, and throw in free college tuition for your brothers and sisters:D

    it ain't gonna happen

    I'd be surprised if they agree to even ability to file 1-485....the anti-immigrationists/protectionists will fight tooth and nail on everything. They don't want you in the country...they want you to go back...they're against anything that will help immigrants stay here.

    its pretty clear what they want



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  • gc_check
    01-30 04:44 AM
    This is indeed very good news, if the final rule to eliminate the Labor Cert substitution is approved by OMB and made into a rule and enacted ASAP.




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  • arupkumarsaha
    01-31 10:59 AM
    If this law does not apply to existing labors, we will still be in the same situation. BTW, what is a desi company. How come it can sell labors? Is selling labor legal?

    What plannet r u from that u donno abt desi companies and LC sell ? myself a human from earth :-)
    desi companies r indian companies and they sell LC openly , Eb2 pre approved labor has a rate approx 20k USD .

    desi companies sell H1b also , u pay money and they will get it for u , see sulekha.com for example .



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  • sundarpn
    01-19 08:55 AM
    Did you get your PassPort back? How many working days did it take to get it back counting from your interview date?

    I had my H1 visa appointment on December 27th in Chennai. They said that my visa was approved and that I would recieve my passport within one week. I have not recieved it yet. I called up the Consulate a few times last week and initially they were saying that 'it would take another 2-3 days'. Finally when I called up on Friday the 4th, they said that another 7 days was needed for the PIMS verification.
    Still no news......I was supposed to fly out on the 6th to report to work on the 8th but had to postpone my ticket.
    Anyone else in the same position please share!
    Thanks




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  • jchan
    04-27 09:54 PM
    Yes, that is my understanding at this point based on the language . As soon as the bill goes into effect, you will need to stop working at the client site if the bill passes in its current form AND you are working as a FT employee (w-2) of a mere placement company (aka agent or desi consulting). If you are an FT employee of big consulting company then until they get waiver for you AND your current client proves that no layoffs were done at the client site in the last 180 days, you will need to stop working.

    I read the text again, and found that text is under 'Sub Title A - H1B Application Requirement', does that mean the new application has to meet the requirement but existing H1B holders are allowed to work until the end of their I-94 date? It would create a turmoil to stop all H1B contractor all in a sudden.

    Anyway, let's hope the professional analysis from Pappu and attorney come out early



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  • she81
    01-31 01:49 PM
    Please read and vote cautiously as another illegal immigration related clause is at number 5



    Whoa, the question is up at number 3 now!

    Thanks syzygy but I think I can discern that much.




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  • Bytes4Lunch
    08-20 01:01 PM
    Good job laying out all usecases "add78".

    In my case, I travelled back on AP as my visa extension stamping went pending in Mumbai consulate. Came back here with my I-94 indicating "Parolee" as my new status.
    Within 2 weeks, I changed employer as per AC21, they filed for my H1 transfer(premium processing) via Murthy Law Firm. I received a new I94 which put me back in the H1B status. During this 2-3 weeks I was in the US as a parolee I did NOT use the EAD, because you don't have to.
    Interestingly after 3 months of my visa application at Mumbai consulate (2 months after I reached US) I received an email from them asking me to submit my passport for stamping. Its unbelievable that they think applicants would still be waiting in India for 3 months and that their employers would still be interested in keeping them, but I guess after all this ordeal I realised, they just don't care.



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  • Green Card Aspirant
    03-16 11:28 PM
    Applying GC in EB2 is appropriate with your education. As long as you have a valid computer science degree ( U R MCA) .. with solid 7 years of experience should be good.
    But, it is wise to consult an immigration lawyer because of the current scenario..
    Considering earlier days , you would qualify for EB2 with your exp and Masters.
    Dont know what exactly , is the case now..

    Given a opportunity , do not miss EB2.




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  • zeldafreak
    06-03 10:37 AM
    here is my crappy ipod, lol, this is my first battle.



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  • mpadapa
    06-13 01:58 PM
    USCIS doesn't write the law they just follows the law. Excluding depends needs legislative fix. IV has been representing the "Exclude dependents" theme but it is not finding much traction with the lawmakers. Currently what is consensus among lawmakers are part of the 3 Lofgren bills. Let us call our House representative and CHC members and ask them to support the 3 bills.

    Everyone especially EB3 will benefit if the bills are passed.


    I think this is a valid point. We should request from USCIS to treat the employment base category same as other category. I am not sure that USCIS could fix this by themselves or they need any legislation.

    This will be a big relief for us and will fix our 50% backlog.




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  • senthil1
    05-24 05:50 PM
    This H1b fees companies need to bother. I think 95% cases Company is sponsoring H1b.

    All H1 filings which now pay a fee of $1500 or $750 will be asked to pay $10000 or $5000.....It does not apply to the H1 exempt institutions....




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  • grinch
    06-02 01:24 PM
    Why the hell wouldn't you let the iBoy version in? It's pretty sweet. The only thing I'd suggest is fixing the proportions for the buttons, there a little out of wack.




    485Mbe4001
    02-13 05:42 PM
    Please dont BS for the sake of BS'ing.
    Think before you type. The core team mentions $$ and ground work. Most are not interested in doing anything besides reading these forums. Realize the enormity of the task, the efforts required, then look in the mirror and ask yourself what you did besides BS'ing


    As mentioned In Logiclifes first post in this forum,
    Organizations who have Millions of dollar In budget for pushing and lobbying their Issues failed also for whatever reason ( He did not mention reasons ).
    Does that mean that having a fat budget does not Impact the outcome ?
    What It proves Is Its really the Politics, election, People's focus on the Issue which matters and NOT the lobbying with big fat budget.
    And If its the case then our issue will be taken care of on its own merit when all above factors are in our favour, regardless of lobbying.

    Just a thought, I hope I am not upsetting the general trend of praising efforts.




    pappu
    03-29 10:06 AM
    Thanks. Everyone, please share on your facebook and post on other site. Lets also keep this thred up. All advocacy day threads should be on homepage until advocacy days.



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