Friday, June 10, 2011

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  • txh1b
    09-14 03:43 PM
    Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.

    Good Luck!





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  • abhishek101
    01-13 03:39 PM
    There is nothing you can do going forward. You broke the law and as such the punishment is more severe than simple monetory fine.

    If it is caught then they will cancel your H1b and will invalidate your GC.

    If they do not you are good :D





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  • ZeroComplexity
    04-27 03:01 PM
    According to the Supreme court corporations are to be treated as individuals. With the rights and privileges of being an individual comes the burden of taxes :) Corporate personhood - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Corporate_personhood)

    If corporations do not use any resources provided by the US govt, they shouldn't be taxed, unfortunately thats not the case. Corporations use the infrastructure and security provided by the govt and they pollute. Taxing corporations is the only way to recover the costs to govt/nation because of their existence within the US.



    GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.

    It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).





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  • imh1b
    07-29 02:21 PM
    My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(

    He said end of year for spillover from family. So I understood as September,
    I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.



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  • GCOP
    11-08 03:23 PM
    The main reason for EB-3 Problem is LIFE ACT (245i act of year 2000) which allowed approximately 345,000 people to file for Adjustment of Status (Green cards). There was no separate quota approved by congress for these applicants, which resulted in using the regular quota ( limited 3000 + numbers of EB-3 India) since year 2001 to 2008...... and still in progress.
    As per the DOS data, Total of 111,876 EB immigrant visas have been issued to EB-3 (India) from year 2001 to 2008, BUT EB-3 (India) Priority Date is still in year April 2001 (as most of these visa numbers were/ are being issued to 245i applicants and their relatives at US Consulates abroad.
    We have no problem with 245i applicants or their relatives BUT those visa numbers should not be counted against the EB Visa quota.





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  • senthil1
    05-25 02:06 AM
    One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.

    Dude since 1999 to 2006 ..nothing



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  • gc4me
    07-17 01:44 PM
    They tell this to everybody. A very common answer. They told me so, so to my 2 other friends but in either cases, no GC was approved inspite of our PDs were current. And later it turned out that my name check is pending (don't know what is 180 rule mean) when I took Infopass.

    So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
    To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
    How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
    And some CS even referring my I-485 application as I-40 :-( repeatedly.

    They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.



    Folks,
    Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
    Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

    EB2-I
    PD: Jul 2004
    I-140 approved
    I-485: RD 02 Aug, 2007





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  • snvlgopal
    06-26 05:49 AM
    I am in the same boat, yesterday talked to the Attorney Murthy, she said there is no need of H4 approval document/extension if they go out of country. If Stamping is needed your extension of H1 Should be approved



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  • vivache
    11-06 09:52 PM
    Ok .. let me give you the math before getting to the question: )

    Looking at the numbers from USCIS: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf


    140 k GC numbers every year
    85% available for folks in US, which is 199k
    Out of these 119 k visas available, 40k are Eb3 category ..
    10% for country .. so India's numbers should be 4000 a year

    There are 14000 Eb3 visas before mine
    Out of these 4750 are from India

    So maybe I get the GC in 1 year 2 months?
    Starting from? next Oct 10, meaning GC in Dec 11?

    7170 visa should be given this year with the Apr 01 cut off .. so roughly 7000 Eb3 visas available so in all probability I should get it next year Dec 10?

    What is confusing is this?
    As per the latest visa bulletin .. the Eb3 cut off for all countries is around jun 02
    And there are about 14k eb3 numbers till Jun 02.. so isn't the cut off be something like Dec 03 .. as current date .. since that's what 40k GC numbers add to?
    If 40k GC's available for Eb3 for 2009 ... why is the cut off date Jun 02 .. which accoutns for only 14k GC's?





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  • gmail
    07-22 03:14 AM
    Quoting the AC21 memo:
    "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."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?

    It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.



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  • newuser
    05-14 10:26 AM
    If your PD is in May'06 or early Jun'06, I think paying a visit to USCIS center won't hurt. Checking online status is a waste of time. At least you'll know what's going on with it. The IO I went to was very nice lady and gave me all the details. I thought that there would a line of GC aspirants like me :) waiting in USCIS center (in bay area) but to my surprise it was empty! Hope this helps

    Did you make an appointment?





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  • jonty_11
    08-03 05:57 PM
    Yes you can apply today , per Aug bulletin it's all "U" , forgot about that !!!!
    it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..



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  • jingi1234
    08-20 09:51 AM
    Here is the link for that document..
    http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf

    Wow...thanks for the url...this is what I need.

    Also after responding to RFE and if September bulletin retros EB2...will our case be considered for GC or no?





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  • jingi1234
    08-20 09:51 AM
    Here is the link for that document..
    http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf

    Wow...thanks for the url...this is what I need.

    Also after responding to RFE and if September bulletin retros EB2...will our case be considered for GC or no?



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  • diptam
    08-13 11:28 AM
    What makes you think in this Direction ?

    looks like they will make us wait till 17th and accept/reject case from July 2nd...and most of the rejected cases might not be eligible to refile :mad:...this is my guess!





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  • Libra
    08-03 10:17 AM
    Guys, please consider contributing for sept rally............



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  • singhsa3
    02-28 02:59 PM
    Obviously, you don't know how the system work, well , Welcome to dealing with USCIS!
    If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.





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  • waitforevergc
    09-04 04:12 PM
    Sadly, RFE's are the norm especially for folks in IT industry.


    Also, when they submitted my H1 extension, our lawyer told us not to file under Premium as it might attract undue scrutiny, so we went normal process.





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  • arc
    05-18 03:16 PM
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    veni001
    02-07 08:11 PM
    Could you please advise how do I get the lawyer for this ? Do you know any in specific?

    There are lot of attorney Ad's on this web site, you can check with any one of them!





    TO BE OR NO TO BE
    06-04 01:54 PM
    What happens if the current company withdraws the labour after you have moved to the new company.

    Is your h1b 8th year extn invalid..



    No your new H1B is valid till it expires.



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