Monday, June 13, 2011

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  • needhelp!
    08-31 12:14 AM
    OK so we're 1 million in the backlog. That could be a small country.

    Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.

    Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.

    So.. if anyone has the info on how to register a new country, I'd like to know.

    Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.

    Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
    8/31:7.45am & 6pm;
    9/3: 9.25am & 6pm;
    9/4: 7.45am & 6pm;
    9/5: 9.25am & 6pm;
    9/6: 7.45am & 6pm;
    9/7: 9.25am & 6pm;
    9/10: 9.25am & 6pm;
    9/11: 7.45am & 6pm;

    Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central

    Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
    the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV




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  • Humhongekamyab
    11-10 03:04 PM
    By volunteering she is taking away a job of a US worker so the answer is no.




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  • sunray
    10-07 03:57 PM
    hi,
    I am in a similar situation.
    I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
    I got the approval yesterday with a letter saying that my extension of stay has been rejected.
    The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).

    Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
    Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
    If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?

    Any advice is valuable to me.

    Thanks in advance.




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  • dngoyal
    07-27 02:12 PM
    I have a question, my attorney says that he has filed the application on 2nd July without my signature.
    I have not given any authorization also.
    I am worried if it is valid or not.

    I don't know if they take authorization from my employer or it should be from me.
    Please suggest.



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  • va_dude
    03-09 03:01 PM
    kminkeller....

    I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.

    Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.

    Thanks.




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  • vnsriv
    11-16 01:27 PM
    Nov' 07 Processing times are not posted yet

    USCIS is always slow



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  • arihant
    10-26 10:42 AM
    I have a question: How many months in advance should you apply for H1 extension? Do you get extension from the date you applied or from date when your H1 expires?
    1) You can apply up to 6 months before your H1 expires.
    2) You get extension from the date your previous H1 expires.




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  • rockstart
    12-07 11:07 AM
    Yes they can qualify in certain cases but the application as well as candidate have to be exceptionally strong. The company should be able to prove that the job needs a guy with EB1 skills and candidate should have proven academic record with publications and patents that support the job description. I had heard of a guy from Texas Instruments who got his GC through EB1



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  • hoolahoous
    03-18 11:20 PM
    if H1b withdrawal is mandated then why do most of the employer's do not do it ?
    shouldn't it put them in a legal situation ?

    here is what I found on one of the murthy's posts

    According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.




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  • cha79
    06-05 03:22 PM
    Hi illinois_alum and sanjayc,

    I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:

    1. Manner of Last Entry : Should it be H-1B?

    2. Current Immigration Status : H-1B? We never used EAD/AP to work or travel

    6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?

    Thanks for your help.



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  • akhilmahajan
    11-15 02:34 PM
    Is there any possibility of organizing a statewide charity drive sponsored by IV state chapters during the holiday season. This is the season of giving. Why not organize it through IV state chapters. Proceeds can be donated to charities as suggested by donors. We can target
    employers, congressmen, senators, relatives, friends....even anti immigrants will donate.

    Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.

    Comments?

    The whole idea is to get people understand and above all accept the problem.
    If people can accept the problem and come out willing to find out a solution, then anything can be done.

    This is a good time to meet eh lawmakers as they will be coming back for the thanksgiving break. we can highlight our issue.

    We can also help in setting up law maker meetings. Folks please contact your state chapters. People are waiting top help you, but if you dont decide to help yourself, then no one can help you.

    Think about it.

    GO IV GO. TOGTHER WE CAN.




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  • waitnwatch
    01-06 02:26 AM
    This thing is driving me crazy...

    Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?

    As far as I can remember this invitation letter part is only applicable if this is the first time someone is travelling to the US to study or work. I donot think this is needed if you have gone from the US to India for a vacation and are trying to get your visa renewed.

    This is what I recollect. By the way I think you can send a Microsoft Word Document.

    Hope this helps.



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  • Alabaman
    05-15 09:17 PM
    All these articles say we are hoping to get citizenship. I think this word raises more shackeles than saying getting green card. Cmon, we are only thinking GC now. Ctizinship after 5 years is somewhat of a time bound process. Why don these articles say we are waiting for GC. This atleast will be more palatable to the anti leagl immigration forces.More importanatly it refelects our true problem as of now.

    Thats what annoys me... that they say we are trying to get citizenship. We just want to be free. If GC would give us that then we are fine. They can give us GC and say 10 years before we can apply for citizenship as long as we are free. Right now I feel like I am chained down. I can not plan I can not move forward... living a stagnant live.

    The problem though is that there is no line to get into. Employers are not even willing to sponsor GC anymore. There is the need to be able to self petition.

    Most people writing all these articles dont even know what is going on. They need to experience the immigration system for them to know. A lot of the facts they present are wrong. They say there is a legal way of getting GC. There is no defined legal way. It is dependent on employers wi




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  • chanduv23
    04-08 04:25 PM
    Literally anyone is IV. IV is you and me. We are all collectively IV.

    A lot of us have done media interviews in past. Some brought in media contacts, some gave media interviews .... so if you are interested, why don't YOU represent IV and contact media personnel.

    This was supposed to be addressed to the OP.



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  • sumansk
    07-16 06:49 PM
    AILA/AILF please do some good work other than chiding for spreading rumours.I beleive IV and their internal contacts..and totally beleive this infor from LOGICBHAI...
    I suggest AILA does some really good work for the legal guys....




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  • txh1b
    08-18 01:39 PM
    The attorney's post re-iterates what I have been saying. You did not qualify for H1b portability. Even if USCIS approves the case with a I-94, you cannot consider yourself safe as it might come back and bite you for working illegally.

    If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.



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  • nixstor
    02-23 11:37 PM
    anything that is work related is tax deductable as per my CPA .

    See my blog post (http://nixstor.blogspot.com/2008/02/questionable-business-expenses-on-tax.html)which has an attachment on how the IRS questions when they come with an audit. I am not a CPA and I am not debating what is deductible and what is not. The intent of sourcing that audit letter from a friend and posting it is to show how stressful & painful it will be to pay X amount of dollars and 7 to 8 percent interest on it for the time period you had the money. At least this gives an idea to people what people will need and can keep things together for the business expenses he/she/they claim.




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  • obviously
    08-04 11:05 AM
    Hi, can someone help crack this puzzle?

    I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

    In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

    The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

    The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

    Now, he just called saying he is confused and not sure!

    His views:
    - There is no formal way to find out if the new I-140 was matched up with the old I-485.
    - He says he will ask his peers and will also call USCIS Customer Service.
    - He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

    Appreciate any inputs!

    Cheers!




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  • gxr
    10-02 09:14 PM
    sush - What's the LUD on your 140 ?




    kirupa
    12-08 01:58 AM
    Wow, another close one! Congrats to templarian, mugyaded, and flocke for having the top winning entries :cowbell:

    I'll more formally announce this later this week.

    Cheers!
    Kirupa :sailor:




    Jerrome
    08-18 03:34 PM
    Yes she was and is currently out of status. As for as i know the following are some of the options.

    a) Apply for H4 by requesting from earlier date(say 2008 November)
    b) If she has got H4 stamping then ask her to re-enter USA with H4

    I guess both are risky, but these are only the options available unless if someone knows better.

    In 2008 My wife applied for H1B and My wife got her H1B approved and along with the approval she got new I-94
    valid till Sep 2011.
    But she was not able to start working/ find a job due to family reasons and economy conditions.

    1. Whether she Out of status since she did not work on her H1?
    2. If she starts working now for the employer can she get back the status?
    3. What are the ways for her get back to H4 if she not going work?
    4. How we can correct her status?



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