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  • gc_samba
    07-17 03:23 PM
    Dear Attorney,

    I was hoping you could help or answer this question.

    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B on full time basis.

    Is this ok will it come to haunt me when I file for citizenship?

    Thanks

    Dev.





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  • stupendousman11
    09-21 09:25 AM
    Here's my situation:
    - H1B visa in the 6th year
    - I140 approved
    - I485 applied July 2 '07
    - EAD and AP available

    I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:

    1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
    2. How long do I have after Sept30 to find and job and retain my H1 status?
    3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
    4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
    5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?

    Thanks.

    Samay, look fwd to you comments on my situation. Thanks.





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  • angelfire76
    05-31 06:03 PM
    whatever the case may be, until there is a VISA recapture we are not going to get our GC's anytime soon. Please admit this fact.

    What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)

    US works when there is big money involved... otherwise nothing would move here...

    Just my thoughts.

    Recently I was on a flight from Delhi to Mumbai and the guy next to me was a former RBI employee. I asked him as to why the Indian govt. is not doing anything about the billions of USD left behind by Indians returning to India in the form of SSA and Medicare taxes, to which he replied that the obstacle to a treaty as stated by the US govt. is that India does not have a system comparable to Soc. Security and Medicare for distribution of money to it's retirees.
    Such a pact was apparently considered in 2006, but went nowhere due to disagreement about how the Indian govt. will track money distribution and administer the program.





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  • jetguy777
    07-22 11:23 AM
    Theres no argument about EB2 retrogression. It will retrogress defenitely in the next few bulletins. But the retrogression would be mild one and that would be there only for a VERY SHORT SPAN of time. After that the cut off dates would run like to reach the CURRENT.

    Vdlrao

    Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:

    "It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."

    How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.



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  • amitjoey
    01-13 11:56 AM
    Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
    This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
    To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.


    IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.

    So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.

    So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World

    The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.

    There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.

    The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.





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  • hiralal
    05-29 12:03 AM
    if your gc in pending ..don't get tempted to buy a house. here is a good report.
    ------------
    MONDAY, MAY 25, 2009
    OTHER VOICES
    The Housing Hurricane Will Howl Again

    WE'RE OUT OF THE EYE OF THE HURRICANE, but here comes the back half of the storm. A lot of people think that we've seen the worst of the housing crisis. They're talking about green shoots and glimmers of hope, when they should be back in the storm shelter, preparing for a flood of inventory that will overwhelm the markets and produce another round of falling prices

    For the past few months there has been a semi-moratorium on foreclosures. Most institutions with delinquent mortgages didn't foreclose. The signs that blanket many neighborhoods have been posted by a fraction of the lenders. Now the rest of the banks are rushing to get their properties on the market.
    [ov]
    Christoph Hitz for Barron's
    We're still supporting misguided programs that only add to inventory woes. They encourage builders to put up more homes and penalize anyone else trying to sell a home.

    As a Florida real-estate broker who works with bank asset managers to dispose of foreclosed properties, I get a good view of this market. From December 2008 through mid-March 2009, the number of asset managers calling to discuss REO (real estate owned) properties on their client banks' books dropped by more than 80% from the level at which it previously had been running. In the past two months, however, asset managers have been busy, with most interested in how many properties we could handle at once.

    Law firms for banks are once again lining up to file foreclosures and to process evictions. The asset managers we work with have warned us to expect a flood of properties, beginning in early June. This will hit as the number of potential buyers continues to dwindle. Builders, traditional sellers and investors who entered too early are already loaded with REO properties.

    ALL OF THE OBAMA administration's attempts to revive, resuscitate and shock the housing markets into recovery have failed. Potential buyers can't purchase homes when they are losing their jobs, regardless of how attractive the credits and mortgages are. The price of homes will continue to fall until the properties are affordable for potential buyers.

    If an investor could purchase a home and rent it out for close to breakeven, we might be getting close to a bottom. But we are nowhere close to that level in most critical markets. Until it is approached, prices will continue to fall. In fact, the negative cash flow now evident, along with the flood of properties coming into the inventory pool, warn of lower prices.

    There's no light at the end of the tunnel yet. We're still supporting builders through misguided programs that are only adding to the inventory woes. California decided to offer a $10,000 credit to buyers of new homes, on top of the $8,000 federal credit. But California made the $10,000 available only for new homes purchased directly from builders. That shows the power of the builders' lobby, but it only adds to California's housing-industry problem. It encourages builders to construct dwellings we don't need, and it penalizes anyone else trying to sell a home.

    Housing inventory soon will flood a market in which more than 500,000 homes are being built each year, even though the annual sales pace for new homes is closer to 300,000. We must also deal with a system clogged with impossible short sales, a surge of second and vacation homes being dumped, and third-wave flippers realizing that they entered the market too soon.

    FOR THE BANKS, the back half of the hurricane will destroy balance sheets, unless the Obama administration comes up with another plan to mythically mark these assets on the books. Or we might see some chimerical plan to write down mortgage payments, or move toxic mortgages into a dark pool, or create some new illusion that glosses over the problem.

    Our experience with banks' selling REOs is they realize about 50%-75% of what they initially think they will get. Moreover, their expenses to bring these properties to market and manage them are growing. Court systems bogged down with foreclosures are raising fees so that they can hire additional staff. More and more homeowners being evicted are stripping homes to the bone, removing appliances, fixtures, carpet, cabinets, air handlers, motorized garage-door openers and anything else that they can carry off or sell.

    Unemployment presents a two-pronged problem. If homeowners lose their jobs, they have difficulty meeting mortgage payments. And a high jobless rate forces more people to put their homes on the market.

    During the housing bubble, many second homes were purchased with the mythical equity from primary residences. These second homes are coming onto the market at an alarming rate, as many middle- and upper-class sellers need to raise cash. In some very exclusive private communities in Florida, where home prices are in the seven figures, more than 50% of the homes are on the market. (For more on the vacation-home market, see Cover Story.)

    Unfortunately, there are no signs of recovery, despite the hype and the twisting of numbers in many media reports. The end of the unofficial moratorium on foreclosures, combined with rising unemployment, signals that the back half of this housing hurricane is only just beginning.



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  • eb3_nepa
    06-26 01:29 PM
    Logiclife,

    All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.





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  • Lisap
    02-12 01:19 PM
    Whether unused visa in EB-3 Row will go to EB3 India?



    I am a little unclear on all of the retrogression ect. But can someone please explain how EB3 ROW can be retrogressed and not use all of the visa numbers in a year? That doesnt even make sense to me? Would someone please shed some light?



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  • dskhabra
    01-13 02:01 PM
    One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.





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  • acecupid
    08-20 08:31 PM
    Heat on SRK was because of scanner on Bollywood shows - US - World - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/world/us/Heat-on-SRK-was-because-of-scanner-on-Bollywood-shows/articleshow/4916759.cms)



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  • eb2_mumbai
    09-17 08:51 AM
    There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.

    Do you have any data to back your claim? I beleive there are more EB2 China numbers than India. I remember seeing some data a while back where Indian EB2 & Eb3 ratio was close to 50% where as China it was 80% EB2 to 20% EB3. Which makes me think there are more EB2 china than india.





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  • fairman
    08-17 11:01 AM
    The VIP culture and the sense of entitlement in India is sickening :mad: I would understand if George Fernandes had raised a fuss since he was travelling as a diplomat, but SRK is pure dung!! FFS, he is there only to promote his movie - like some one mentioned here, the world doesnt come to an end if he is delayed by an hour or if the movie flops or doesnt even see the light of day.

    SRK is a god in North India. This cannot be done to SRK. President Obama should have
    come to airport and intervened .



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  • sobyb
    05-01 06:19 PM
    "No politics can justify killing of innocent people...if congress and India can not get over themselves and help fellow Indians" ... "It is a shame India does not act to protect the interests of its citizens even after this news came up"

    The person who opened this thread is not clear about the difference of 'Indian Citizen' and 'Indian Origin' (or Ethinic Indian). Any kind of discrimination faced by these people in their respective countries should be addressed in a non-violent manner and the current world order has its own mechanism to check such acts by majorities/minorities (atleast you get the relevant attention/care if you are not on the wrong side). Terrorism is not the solution to any discrimation ..period! and carrying out terror attacks on the supporting country (Rajiv Gandhi's killing) would only worsen the scenario.
    India should work with Srilankan govt to establish democracy, peace and equality in Tamil majority areas and make sure that organizations like LTTE doesn't get the upper hand once again in those areas.





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  • GCVictim
    08-24 11:48 PM
    Dear Immigration Attorney,

    Can I out of US with old AP and returned with new (renewed) AP?



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  • Saralayar
    03-17 10:33 AM
    Asking such things are not correct. Any how labor substitution is not happening much and individuals with real issues like kids going to the final years in school etc., are finaly deciding and trying to take this risk.





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  • suriajay12
    09-24 07:59 PM
    congress or the president or USCIS is not going to come and physically check whether you are staying in a house or apt ..and it is not that the original suggestion will become a law in the exact terms (I cannot imagine that there will be a law saying that only those who buy house with 20 down will get GC) ..i.e. the purpose here is to show the giving faster GC's to people who are waiting since 8 years helps the economy in some minute way. and the reverse (i.e. to make a highly paid immigrants wait in line for 8 - 10 years) does not achieve anything !! ..INFACT if there are lot of job losses and if those who are here for 8 plus years start to go back (with their bank balances) ..THEN there will be measurable losses for US ..because the IT person not only takes one job to China, India or some other place ..but also trains lot of youngsters in those places and who end up taking more jobs away ..a BIG loss (plus buys house there, pays taxes, services there) (but I guess politicians are too selfish to see that !!).
    it is as simple as that !!! i.e. give people faster GC's and it helps the US ..make them sweat and keep them in limbo does not achieve anything...will it work God knows ..but it is worth trying since nothing else is happening and soon if things worsen then the GC will be meaning less for many.
    Also, In the end ..if we do go back ..then atleast we will have the satisfaction that we tried everything ..
    ----------
    on unrelated thoughts ..this wait really sucks ..for me it is almost 5 years since I applied for GC and I cannot even imagine how the people who applied in 2001 / 2002 feel.
    -------- and on related point ...don't rush to buy houses if u don't have a GC (actually this makes sense for those on GC too) ..here is a point from an article by Meredith Whitney who sort of became famous after making some correct forecasts.. this article was written today.
    -------
    Whitney said home prices were not close to bottoming and expects prices to ultimately be at least 25 percent lower from current levels. She also sees further declines in homeownership rate.

    The unemployment rate, which is up over 40 percent year-on-year in key states, is "headed materially higher," Whitney said.

    Albert,
    I agree with you.. We need to make the points clear, point wise too. A big letter.. some points may be missed.

    Plusses:1,2,3,4.....
    Negatives:...



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  • rb_248
    12-13 11:39 AM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai


    This is a good point. But, in its current state, will not fly. This can only be used as a supporting evidence for our cause. Lawmakers will never remove country cap. We can use this point in pushing any of our other agendas.





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  • tikka
    07-03 11:16 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who





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  • chintanop
    07-03 06:41 PM
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    srikondoji
    07-03 09:50 PM
    Under the section "Why does it hurt?

    Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.


    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.


    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Rejected June filers can not file.
    June filers did not file because they thought they will file in July.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.





    Tito_ortiz
    03-14 12:02 PM
    Just fill out the forms and submit them. It is very easy. It took 6 months for me to get the PR in the Socialist Canada. Then it took 1 month for me I should get out of there quickly. Very low pace, not many high level employment, high taxes. I visited a friend there last weekend. In Vancouver, it rains like hell and it is depressing to me. I said, darn, why am I living here? If I am not going to have significant career advancement, I should go back home than staying here enjoying this rain. In Toronto it is cold like hell. Go there and spend a couple of weeks and see if you like it. People are usually friendly there. In the end, it depends on how bad is back home when compared to Canada. Good luck.


    Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
    Thanks



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