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Friday, June 24, 2011

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  • Vlora
    10-25 06:57 PM
    My lawyer tells me so. Also, the bulletin you cite is very old. Most people stuck in name check, for which BTW there is a separate thread, will coroborrate what i've said.

    The bulletin is 2 years old (if that is considered old, given the GC standards). However, no new bulletins have followed to void it. Unless I have been advising with the wrong lawyer and wrong GC applicants (many), there is no such thing as I-485 Approval before the name check is completed. Any third party would like to comment?





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  • adde72
    03-15 09:25 PM
    3 options

    1) file H1 on Apr 1st and if H4 is not approved by then withdraw pending H4

    2) file H1 on Apr 1st before the current H4 expires and hope that H4 is approved before H1. H1 should be approved after H4 to have the H1 status. If H4 is approved later, H1 status will be lost

    3) Request PP of extension and 99.9% of time 539 is approved along with 129.

    I will add more info as I find.
    HTH

    Hi nixstor,

    Looks like you had done some research in this matter . Can you advise me . i am also in the same situation like yours .

    My current H1 is going to expire on june 07 along with my wife's H4. I applied today for my extension along with the H4 in premium processing. Shall i go ahead with the new H1 for my wife on April 1 in regular processing even without waiting for the extension or wait for the approval?
    Any issues with that approach?





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  • kommisetty
    08-21 03:21 PM
    Even though i didn't get my GC yet this info is helpful.;)

    PD : 2005 Oct. I-485 Still pending :confused:
    Hi guys,
    ...
    followup post:

    I think there is a mix up here between two things:

    180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

    If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

    You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

    One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

    One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

    This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

    This is from my discussion in following thread:

    http://immigrationvoice.org/forum/sh...ad.php?t=20403

    I just put it here so that everyone would not have to try the link and may be this information is useful to someone.

    Good Luck.





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  • sri1309
    03-16 02:48 PM
    You can do hero worship of your lawyer whoever it is. I will not.
    Ask him/her if he will do advocacy effort for you or sue USCIS since all his clients are struggling in the long wait and spending a lot of money on immigration consultations, fees etc.

    Ask him if he contribute to IV instead?

    Ask him to give you priority instead of your employer who gives him business every year.

    Ask him why AILA is not giving you regular updates through him. As clients of lawyers we should get regular updates and prompt responses. What are they doing about country caps removal, end of retrogression, recapture etc. I mean they are so powerful, so why can't they do it for us so that we no longer need lawyers and save a lot of money? Arn't we all spending thousands of $s on immigration attorneys ? and only few of us pay only $25 and many are free members and get such a good service from IV website. We all hate to pay a single dollar to IV and accuse IV core of asking contributions every time there is a drive but IV still helps us. They need to learn from us.

    Why none of us has the courage to do it, but we have the courage to trash talk IV and blame its core for not working hard enough for our $25.

    Whats your skillset, I can try to get you a project. No offense, but you do seem to have too much time to loose-comment on others and contribute nothing.



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  • jkamel5
    07-10 06:59 PM
    Hi,
    Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
    Do you believe I have a chance or not ? which one?
    Thanks,
    John

    Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.





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  • skc526
    02-13 07:47 PM
    After some procrastination, finally i will be posting the mails out tomorrow. You guys are doing great jobs. I will talk around to my friends to send out too.:)



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  • vsoni
    05-24 03:24 PM
    Done!! Nj





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  • Naruto
    10-05 05:21 PM
    I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.

    Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!

    Cheers,

    LRIndy


    How recent is that ? did they ask you for to submit it this year or in year 2005 ? I'm just curiouse what is IRS has to do with immigration? when did you apply for your I-485?

    is there a relationship between taxes and Immigration?



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  • teky
    10-27 09:57 AM
    Guys,

    Getting a residency now is very difficult. Getting a waiver now should not be that hard. I would not say it is easy but if you get a residency position, just take it. We hesitated at first but got through all the issues without any problem.

    Regards,

    Teky.





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  • chanduv23
    02-13 09:01 PM
    After some procrastination, finally i will be posting the mails out tomorrow. You guys are doing great jobs. I will talk around to my friends to send out too.:)

    Please please do so :) Lets all join hands and succeed in this campaign



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  • Nil
    02-27 08:34 PM
    What if Employer & Lawyer are NOT willing to share a copy of Labor and no proof of Labor clearance has come from USCIS? Lawyer only says labor has been clear. What are the options?





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  • apatel_17
    07-11 05:03 PM
    My mother was here last year for almost 9 months (I got her visa extended). I thought one can only claim a person on visitor visa as dependent if he/she is a US or Canadian permanent resident. Is this not true? If not, how can I claim exemtions for her if she is back in India.

    The key is to get IRS to issue her an ITIN. Not sure if you will be able to get her ITIN unless she is physically in the US. Please check with your local IRS office. They are quite helpful. You can amend your 2006 taxes in 2007, 2008, or even in 2009, I believe.



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  • dummgelauft
    02-25 09:26 AM
    I have seen a similar thing with our other campaign - "File 485 before PD is current". There are some forums spreading negative information about IV and this might be the reason.
    Of course theoretically it is possible to have them participate in these without creating an ID (which is free). We have to verify in some way to avoid antis, maybe ID or bill or some other way.
    We don't want to go to USCIS with 100s of members from numbersUSA or fishing site users.

    That is the ONLY bloody way you can assure yourself of a CLEAN organisation..i do not know what it will take for IV 'CORE" to understand this.
    Paying, vetted members ONLY!!





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  • dilbert_cal
    10-08 11:51 AM
    If a person has a copy of 140 approval, can he/she port the PD even
    if the employer revoke it?

    thanks
    babu


    Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.

    There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.

    One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.



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  • ash0210
    08-26 03:42 PM
    I have EAD for couple of years & when I moved to Ohio, I was issued 4 years DL. They did look at I-94 (I travelled on AP having one year validaty on I-94), also they DID NOT looked at my EAD expiry date..They asked very simple question - Do you have your SSN? Thats it..!

    C'mon...Guys, come to Ohio..you will get DL for 4 years..





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  • BharatPremi
    07-11 05:56 PM
    Hi,

    My parents will be here for more than 184 days this year (on visitors vis) and I want to claim them as dependats on my tax return for next year.I searched through some old threads, but the info seems to be outdated.

    * Can I claim them as dependants on my tax return?
    * Has anybody done this successfuly before?
    * What is the deduction amount per person/dependant?
    * What is the process? I know they will need an ITIN etc.

    Regards
    Nick

    Yes, You can certainly do that. If it would have been Year 2000 it was very simple but now in year 2007 it's bit tedious. I am Trying to explain as under. And this is not a legal advice just an opinion.

    Rule:
    -----
    More than 180 days stay in USA (You will have to prove that) is a MUST condition for getting ITIN. The key is more than 180 days. It does not tell that stay should be continuous.

    How to do it?
    ------------

    1) Have US MULTIPLE ENTRY Visitor visa, generally 6 months visa are
    granted. But that is 180 days not more than 180 days. No Problem.. Go to
    step 2

    2) During first stay of 6 months of stay in USA, get Canadian Vistor visa and
    send your parents to Canada on the day before the last day of the
    first stay.

    3) After some days invite your parents back to USA. This will most probably a
    another 6 month grant.

    4) Do not call IRS for applying ITIN

    5) Search for the bank in your area which requires and processes ITIN
    application directly with IRS for the application of opening checking/savings
    bank account for the people who do not have social security number. Every state and major city has such kind of
    banks. Your regular bank may not be autorized by IRS to apply for ITIN on behalf of its
    customer.

    6) Go to that bank and tell the manager to open a checking account for
    Visitor visa holder and from that point onwards bank will take care of.

    7) Wait for 15 to 20 days and you will have your Parents ITINs mailed to you.

    8) And in next return you will be able to claim them as dependent.

    Note: Guys who did in year 2000 around did not have to take this tedious route. So you mayl get both kind of opinions in this forum. If somebody says just apply to IRS tehn that guy probably might have done it in at least 4 years back. But nowadays you may have to do as I worte. Take the advise from your CPA.



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  • pappu
    02-23 08:07 AM
    Even mighty economist prints article saying that immigration reform is knocking at the door , am not sure without a paid subscription whether u can read this , am positng the link and cannot copy paste the article as that will surely be a copyright violation . http://www.economist.com/world/na/displaystory.cfm?story_id=8746356
    Immigration
    One more shove

    Feb 22nd 2007 | WASHINGTON, DC
    From The Economist print edition
    Congress is once again preparing to deal with the immigration mess

    THE most dismal failure of the dismal 109th Congress was the non-reform of immigration. This is one of America's most chronic problems, with 12m illegal immigrants living in the shadows, more streaming over the border every day and many border towns buckling under the strain of so many non-citizens. Public pressure to “do something” is intense.

    George Bush pushed hard for “comprehensive” immigration reform (meaning a combination of a path to citizenship for illegals and tougher border enforcement). John McCain and Teddy Kennedy crafted a bipartisan bill that passed the Senate by 62 to 36. But then the Republican-dominated House wrecked the whole thing in a fit of crude nativism.

    Thankfully, the reformers have not been deterred. There has been a great deal of “scurrying about” behind the scenes, according to one insider. An odd coalition of business groups, trade unions and civil-rights organisations is pushing hard for reform under the umbrella of the Alliance for Immigration Reform 2007. An equally odd coalition of White House operatives, Democratic leaders and reform-minded Republicans is also working in the same direction. A new version of the McCain-Kennedy bill could be launched as early as mid-March. And Harry Reid and Mitch McConnell, the two parties' leaders in the Senate, have said that immigration will be one of the first ten bills they will consider. This time the chances of success are higher than last.

    The main reason is the new Democratic majority in the House. The most virulent opposition to reform came from Republican House members who were obsessed with cracking down on illegals and building a 700-mile (1,125km) fence along the border with Mexico. Now that the Democrats are in the majority, Zoe Lofgren, the head of the sub-committee on immigration, thinks a deal is at least a possibility.

    The reformers are also adopting a tougher tone. The new McCain-Kennedy bill will put more emphasis on beefing up the border, punishing errant employers, enforcing the law and assimilating new immigrants. It will also try to rebut Republican charges that it rewards lawbreaking and offers amnesty. Two current ideas are to impose a hefty fine (up to $5,000) on illegal immigrants who want to become legal, and to make illegals return to their countries of origin (“touching base”, in the jargon) in order to apply for legal entry.

    The reason for this toughness is that comprehensive reform has little chance of passing both Houses on the backs of Democrats alone. A significant number of so-called blue-dog Democrats from conservative districts have every reason to steer clear of such controversial legislation. There is also a strong undercurrent of protectionism in the Democratic Party, which suspects immigrants of holding down American wages and stealing American jobs. Insiders calculate that they need about 20 Republican votes in the Senate and 40 in the House.

    The reformers will have to overcome some big political and practical problems. Why should Democrats co-operate with Mr Bush on immigration, when they can wait until they capture the White House in 2008 and solidify their lead among immigrants for a generation to come? And why should congressional Republicans change their minds on this most emotive of issues? The vast majority of these members represent white conservative voters who regard immigration reform as a reward for breaking the law and a guarantee of the “Mexification” of American culture. The minority who represent more mixed districts are well aware that 70% of Latinos voted Democratic in 2006.

    The practical problem is that the proposed bill will become so tough that it is self-defeating. Why should illegal immigrants come out of the shadows if they have to “touch base” and put themselves in the hands of America's notoriously slow and inept bureaucracy? And why, for that matter, should liberal interest groups support a bill that might seem punitive?
    AP

    Still, it would be a mistake to write the reformers off. The Democratic leadership risks provoking a backlash if it refuses to put its weight behind the bill, particularly among Latinos, who desperately want the mess cleared up. And the Republican Party also contains some powerful pro-immigration forces. American business strongly favours immigration reform: parts of the economy such as hotels and agribusiness depend on immigrant labour. “Big tent” Republicans also favour reform.

    Karl Rove, Mr Bush's chief strategist, has long pointed out that it is stupid to alienate America's fastest-growing minority—particularly one as culturally conservative as the Latinos. In a swathe of states that Republicans need to retain the presidency, their numbers are crucial: New Mexico is 43% Latino, Texas 35%, Nevada 24%, Florida and Colorado 20%.

    The November elections have also strengthened the hand of the big-tent Republicans. Several high-profile immigrant-bashers, such as Arizona's J.D. Hayworth and Indiana's John Hostetler, lost their elections. And John Boehner, who was one of only 17 House Republicans to vote against the party's border-protection act, has become minority leader.

    Over the next few months everything will depend on the delicate politics of bipartisanship. Immigration reform gives both sides the chance to blame the other for failure. But it also gives both sides a chance to share the praise for a wrenching but necessary reform. The stakes for everybody involved, not least 12m illegal immigrants, could hardly be higher.
    ===
    Letters to the editor
    Send an e-mail to letters@economist.com to comment on this article you have read in The Economist or on Economist.com requesting them to cover IV and its issues





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  • BharatPremi
    12-11 11:34 AM
    Why are you applying in EB1 then ?

    :D:D:D:D





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  • eb3India
    10-05 10:39 PM
    We have many in our company went back to India after applying 485 or with pending labor, their GC process still in progress

    but they choose to goto India mainly becuase of uncertain GC process

    I myself have a good offer from my company which I am pondering on, I am stuck here for a while to finish my masters

    if I go back to India, it could be that I might taking many more jobs, as I need to train and build a team in India and replace my team here

    oh well, I am sure there are stories similar to this we got to find it, we need to show losing one skilled labor could also mean losing many more





    karthikgk
    06-13 01:34 PM
    You have to stick to Software Engineer field in order to take advantage of PD recapture. If you move to Business Development using MBA than its hard to justify same or similar. Find a new job which requires EB2 and show BS+5 to qualify.
    Hope that helps!

    Thank you guys! The answers help but then it doesn't too ;) I mean, not that you guys can do anything about it.

    Every waking minute I am wondering if all this wait it even worth - sacrificing our professional careers and our life in India, especially when the opportunities are plentiful back home. But then, I made my bed ;)





    Sheetal81
    08-24 10:20 AM
    NatrajS - I got my FP notice - its scheduled for 1st week of Sep.
    Ivaka -I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..
    Dhirajs - There's no FP on my EAD, Is that a prob.?



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