Thursday, June 16, 2011

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  • punjabi
    08-28 04:15 PM
    hey guys...

    I read this amazing thread and I am feeling terrible guilty of not going to DC for Rally. I thought contributing $100 was enough.

    YES, I GOTTA GO TO RALLY AND BE A PART OF THIS EFFORT. AND I WILL GO.

    Guys: If IV wins and we are able to change the law.....and then someone comes across you and ask:

    "Did You help?"

    What will be your reaction? Will you pump your chest out and scream "YESSSS..."?

    I know, I will. How about you?





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  • bkam
    04-12 08:25 PM
    Stucklabor,

    As I said, this was just a hint. Point for discussion in case our amendments do not pass. And there is a precedent which can be used as a leverage. You know the principles of the "brain storm" problem resolution - throw several wild ideas and if at least one of them works, the goal is achieved.

    If the amendments pass, forget for this idea.





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  • mhtanim
    02-12 01:48 AM
    The first thing I would do is call the IRS and ask them for advice. You may call the IRS at 1-800-829-1040. Have the employer name and federal ID ready when you make the call.

    You can also file Form 4852 with the IRS which is a Substitute for Form W-2. Please check http://www.irs.gov/pub/irs-pdf/f4852.pdf

    IRS is usually very helpful. Call them up, they will help you.





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  • irock
    08-22 02:15 PM
    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C

    Can any one tell me what EB-3EW means?
    Thx

    EB-3 EW means "Employment Third Preference Other Worker".



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  • lazycis
    12-18 11:02 AM
    This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.

    I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.





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  • go_guy123
    01-27 12:11 AM
    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.


    No problem these bonds etc clauses are unenforcable in court and
    only act as deterrant against people leaving. Its a dog that barks not bites.
    So you can sign and start working. Even teh good consultant have these types of clauses.

    Mine one also had that , however they were good employer



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  • suresh.emails
    08-07 06:04 PM
    Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.

    Issues I see,

    1. The back date of marriage must match to my stay at India.

    2. I did not visit India in the last one year.

    3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.

    See the troubles I have now.

    P.S: I did not want to cheat USA Immigration Dept. Not a good practice


    Let me know if there are any guanine ways.





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  • gps001
    06-26 04:02 PM
    Hi,
    Did you get a response for the question? If you already have a valid AP, or a valid H1-B visa, would this still apply?

    ie, if you have a valid AP, or a valid H1-B (stamping), can you return back to the country if there is a pending AP application?

    Thanks.

    In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.

    BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:

    http://www.uscis.gov/files/form/I-131instr.pdf (page 4)

    If you travel before the advance parole document is issued, your application will be deemed abandoned if:

    A) You depart from the United States; or
    B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.



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  • Higcoptimist
    04-01 07:31 PM
    Hi,

    Sent the two faxes.

    My thanks to the core group and active members, working tirelessly towards our common goal.

    Cheers





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  • coloniel60
    08-13 03:59 PM
    Just wanted to see how many duplicate application USCIS will get this week.



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  • nc14
    11-30 04:25 PM
    Most of the EB2's are very happy with the bulletin (which they should be) but I also see most of them are non-donors (or the free riders).

    Thanks IV as always for the updates and keeping the hope alive.





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  • snathan
    04-29 02:32 PM
    And who is India fighting with??
    Come on we need to learn to forget the cold war days. This is 21st century and the age of facebook and other social networking platforms. the world is getting more connected and there will soon be no place for fighter planes any more. What we need is "food" and "water".....
    Nature is showing us again and again the futility of our ambitions (regional and international) through her rather quite infrequent thrashings these days....
    296 people perished this week in terrible tornadoes (worst in last 40 years!!!).....10000 or more a month ago in Japan earthquake (5th worst ever recorded!!!)....

    Please tell us what cool-aid you are drinking..



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  • qualified_trash
    12-13 06:56 AM
    Reading the bulletin thread and prediction thread is good enough to prepare for GMAT problem solving area. I love these analysis and conclusions.

    I only submitted my opinion based on facts (quarterly release of visa nos. by DOS is well known fact)......... :-))

    but you are right and I am starting GMAT prep.





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  • sledge_hammer
    02-27 04:10 PM
    Though I want to feel sorry for you I cannot. Between all the things you have written I was trying to find one small indication to know that you are sorry for what you have done. I did not find one. You are arrogant enough to blame the immigration laws for not permiting you to come to the US, but never really looked into your own flaws for flouting drug laws.

    Besides, this is a forum for legal employment based immigrants. You may hardly find any resource here that will help you with what you want!

    My husband and son are being discriminated against for having an Alien wife and mother.

    If an Alien deported with drug-related offences of more than 30 grams of Marijuana, like me, solicits a Non-Immigrant Visa to visit in the U.S. at the same time my husband or son solicit an Immigrant Visa for me to remain in the U.S. with them, the Alien will be granted her Non-Immigrant Visa and my husband’s or my son’s request will never be acknowledged.

    This is our story: Everything we ever learned from the U.S. about truth and justice is suddenly being deprived of any meaning by the U.S. itself. The hardest part for us is believing that everything we’ve based our lives on – the American way, has no merit.

    I was deported from the United States of America on February 18, 2005. I lived there nearly 30 years since I was 20 months old, when my mother crossed the Rio Grande into the country with me illegally. I was given an opportunity to become legal under the NACARA law but was to afraid of being deported like Maricela Soza was under the same law and didn’t go through with the entire process. I have both a husband and a son who are U.S. citizens but I am permanently prohibited by Immigration law from immigrating to the United States, while at the same time I am allowed to visit. Due to my drug-related offence of more than 30 grams of Marijuana. It’s Immigration law’s contradicting policies which I find disturbing.

    U.S. Immigration is concerned with their citizens’ welfare but it is denying my husband’s and my son’s requests to have me back by their side for good. Although Immigration law will value my wish to receive admission into the United States. Needless to say I prefer returning, immigrating and remaining in the country by my family’s side. That’s not taking into account the fact that I am still homesick and continue experiencing culture shock in Nicaragua. What the Department of Homeland Security is doing to my family and I is cruel, inhumane and unpatriotic. No free country’s government has any business deciding how families should be formed or whose personal choice is agreeable or not. Like that of my son’s and husband’s choice to overlook my shortcomings and begin our lives over together again.

    The 212(d)(3) Waiver allows a visitor’s visa into the U.S. to be issued to an Alien like me if I show evidence of rehabilitation such as becoming a practicing professional with a U.S. job offer. Sometimes with lone proof of a bank savings account, school registration and satisfactory travel record. On the other hand there isn’t one waiver available for United States Citizens who wish to rebuild their lives with an Alien deported for any drug-related offence of more than 30 grams of Marijuana. Not only are my son’s and my husband’s needs being ignored but my needs are being placed before their own. An act I dare name TREASON.

    How much more is the United States citizens’ welfare secured if an Alien with an undesirable drug history enters the United States merely to visit and not to immigrate? Shouldn’t all United States citizens’ needs and rights within and from their country – such as my husband’s and my son’s, come before any Alien’s need or right to receive admission into the U.S., including my own? Also, shouldn’t Family-Based Immigration take first place over “Alien travel” for any reason?

    I regret to say it’s these types of injustices with devastating consequences to the recipient’s and his/her immediate relatives’ personal lives remaining raveled, much more unacknowledged that play a large role in the cause for conflict concerning disloyalty toward the U.S. and unpopularity of the U.S. among U.S. citizens and foreign nationals inside and outside of the United States. I trust that once this oversight is brought to DHS’s attention they will not knowingly continue punishing my husband and my son for loving me, an Alien who once stumbled while attempting to survive in the U.S..

    I’m afraid to imagine how many individuals involved in cases like my family’s and mine go on thinking that the U.S. is a bad country for having the audacity to pass judgment on them. I’ve had to believe there’s a glitch somewhere in immigration law caused by simple human error. I can’t accept that the U.S. I grew to know as a loving, Christian country with caring values is intentionally causing my loved ones and I grief. It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed. I know the United States of America will do right by my son, my husband, me, and the rest of its citizens and foreign nationals in our predicament.

    We want the 212(d)(3) Non-Immigrant Visas Waiver made into an Immigrant Visas Waiver for Immediate Relatives of U.S. Citizens to make sure United States citizens receive competent protection from the Department of Homeland Security and adequate protection from the United States of America.

    My husband and son believe a Waiver should be available to me and I believe their Freedom Of Belief civil liberty is being violated because their belief is being discriminated against. My needs are being placed before their own. I am not able to immigrate to the U.S. because immigration law doesn’t allow me a Waiver enabling my husband or son to claim me successfully. If I had a Waiver available to me they wouldn’t have to be at this crossroads making their case public in the courts, therefore their Right To Privacy is also being violated as a result of their belief being discriminated against. I couldn’t live with myself if I don’t speak out, they’re attempting to do the same for me. We don’t want to cause any problems, we just want to move on with our lives.



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  • x1050us
    07-19 03:20 PM
    I am with you on that one :) No point taking a risk for a few dollars.
    As I already mentioned it is not about $$$. It is about getting an appointment at consulate. Anyways, I managed to prepone the appointment now. So everything should be smooth.





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  • whitecollarslave
    02-12 06:41 PM
    He sent me an email to pay $3500, do you think he will go legal for this, I did not sign any contract with him.
    If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.

    Please suggest.

    All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.

    I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.

    BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.

    Let us know if you any information on what the 3500 figure is for.

    An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.



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  • met3259
    05-25 03:42 PM
    MET3259- Thanks for the Post. It was great.
    Could you address my quiestion regarding "low" wages. How "low" are they and what does 'low" mean in Canada, relative to cost of living and especially real estate prices. Can you afford to buy a decent house or apartments in average salary?

    Thanks


    Excellent question. Wages are lower (with a few exceptions like teachers) than in the US, but we are not talking about "poor house" wages. I made $70K Cdn (remember, a dollar is still a dollar at home - so don't convert to US$) and made $77K US my first year in the US. The job though went from a process engineer, to a plant manager of a small plant.

    I have tried to talk to my friends in Canada about this (and job opportunity) and figure it out - how come I can make more in the US and have more carrier opportunities. I really do not know the exact answer, but... (let me try anyway):

    It is easy to "shine" in the US - again, the average (and by no means not all) person here is less educated and has less drive/ability than at home -- thus more competition (relatively speaking) than in the US.

    Economies of scale in the US present more opportunity.

    I did notice, that in the US, you can be a grade 8 drop out and still make a lot of money if you are willing to work (and have at least a little luck - re: the song "sun screen"). That very rarely(if ever) happens back home.
    Along this line of thinking, it is easier to sell a "widget" in the US as the average consumer is not that bright. Canadians are at least a little more hesitant/intelligent/cautious with purchases. The US have more disposible imcome than Canadians (which should tell you a lot right there).


    Another difference is the banks in Canada will tell you how much you can spend. In the US, they just keep giving morgates, car loans, credit cards to anyone (even my 6 year old son got a peapproved application for a credit card). In Canada - the bank will say - "you can not afford that" - we do not have people morgated to the hilt, with a SUV (or 2) in the driveway ready for bankrupcy if they loose their job.

    Conclusion - you can afford a house and renting in Canada (unlike the US) is actually cheaper. Wages can be and most liekly are lower, but - no ghettos, no bankrupcy due to illnesss, safer streets (although it is getting worse).

    Hope that helps.





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  • testz
    09-09 11:18 AM
    sanju,
    you said: at some point uscis would send a request to you for employer verification?
    why would they need that: as we have submitted that at the time flinig 485?

    i dont know if the above is true only for consultancies?

    i work in a big software corp and never heard of any queries at all?
    approved 140, file 485, wait for 180 days, change jobs, no queries at all (irrespective of whether you change jobs or not)

    am i missing something here?

    thx





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  • Kitiara
    02-11 05:02 AM
    how come we have more votes than posters? Maybe some people prefer to just vote and not post a reason as to their preference?





    jsb
    04-20 12:29 PM
    Good luck with this effort since you are already fighting among yourselves! :D
    Sorry, who is fighting with who? Members are only telling what they wrote and/or what they believe might help.





    GCInThisLife
    07-19 02:09 PM
    Thanks for finding the link. I remember reading it some time in the past, but couldn't find it.

    dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?

    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


    Check this.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD



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