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Saturday, June 11, 2011

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  • ronhira
    05-15 10:37 PM
    startup visa is all smoke & mirrors..... this is another way for rich people to make more money..... how will startup visa create entrepreneurship? just as h1/j1/l1 exploit foreign works..... this is just another way for rich people to start new ventures exploiting the ideas of foreigners..... immigrants will not become this so called "entrepreneur"..... the bill is designed such that only 170 "registered" venture capitalist could exploit immigrants...... if immigrants want to start their own companies, using funding from anywhere other than those "registered" 170 venture capitalist.... then those immigrants will not qualify for this "startup visa" the next generation greatest idea on the planet.... to exploit more immigrants keeping them in probationary limbo state......

    if anyone in america actually care for entrepreneurship.... they ought to give green cards to people who are already here.... who already understand the system... people who already have their own savings & ideas.... & people who are willing to take risk in starting their own businesses, which will create more jobs.....

    creating system in which rich people will become richer is not "boost" entrepreneurship.... rather this is another way to trap & kill innovative ideas/minds.... startup visa is the most horrible of all the ideas..... this subject is like a hidden enemy of all immigrants waiting in the backlog ..... is anything like this would pass..... the congress will tell everyone that entrepreneurship related immigration issues are all fixed.... it will be hailed as the biggest victory of american capitalism & congress will forget @ those stuck in the backlogs..... the reality will be that is just another way for those 170 venture capitalist to rake more....

    some reporters write these articles with no knowledge of the subject.... & with little or no research of their own....





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  • IAspire
    02-20 11:54 PM
    Hi All
    I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.

    I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.

    What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?

    Regards
    IAspire





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  • BMWX5
    02-22 10:35 AM
    First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.

    You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.

    It could take some more months, before you are able to file for 485 again.

    Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.

    Well said. However what is the necessity for you to say
    <b>who might have faked their resume, like some IT pros do</b>
    Take it easy...





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  • bang
    11-18 01:16 AM
    Do we need to go back and renew again after obtaining the new EAD ?

    Yep - got mine 2 months back. Docs to carry

    - Original social security card.
    - Original EAD card
    - The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
    - Passport and I-94 (They did not check this) I took it just in case
    - Cash - 25$

    You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.

    Let me know if you need further details.



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  • boreal
    01-05 01:36 PM
    Folks
    Is anyone has done adjustment of status from B2 to H1.

    My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.

    Thanks

    This is very risky, if not done correctly.

    Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.

    Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.





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  • mbawa2574
    06-30 10:44 AM
    How can some one with a damn 2 years experience get ahead of someone who is waiting for a while. I am going to report all the desi 2 people :mad: employers to USCIS trying to sell LC. Shut their shops and everything would be normal after that.:mad:



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  • bfadlia
    06-11 08:10 PM
    Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT

    It's an honor to have you in our forum, Mr. T :o





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  • GreeNever
    06-13 11:18 AM
    Folks! MSNBC is organizing a gut check on the immigration issue (though this appears to be on issues related to illegal immigration). It's a message board inviting opinions on immigration with an expert panel set to reply to the meesages posted. Eventually, messages will be short-listed for publishing. We may be able to make an opportunity out of this.

    Link: http://www.msnbc.msn.com/id/18826755/



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  • JulyFiler
    07-08 06:55 PM
    If you havent already seen threads here about how bad the desi employers here in US can be, companies like Satyam, Infosys who are based in India have even worst reputation..they pay indian salaries and expect round the clock work including weekends..and ofcourse no pay..working at McDonalds is probably a better option than these companies...





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  • gcdreamer05
    01-15 09:45 AM
    So could you please explain when does this new process kick in, does it apply to all apps filed after may 2008 as said in the article ?



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  • adobe howm
    09-05 12:46 PM
    Kumar,

    It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.

    Hope that helps

    Well - not really.

    I was issued on 20th, Aug. but neither me nor my attorney got no clue. some received it within a week but some like me - 2 weeks passed already but still waiting. hope you will get yours soon. please share here when you do so.





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  • radhagd
    02-22 09:54 AM
    Hi Guys i need some advice/help on my I-140 denial.

    I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.

    So what are my options now

    1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
    2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
    3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
    4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
    5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.

    Thank you all for your advices and help.



    Same thing happened to my friend, in his case II40 is not denied but got Intent to deny they contacted sheila murthy and requested to consider in EB3and they got approved in 3 weeks. So I think in your case you apply Motion to reopen/appeal and request them to consider in EB3. I hope yours will be approved in EB3.



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  • priderock
    05-31 03:43 PM
    14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
    Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
    Sen Cantwell, Maria [WA] - 5/15/2007
    Sen Hagel, Chuck [NE] - 5/15/2007
    Sen Voinovich, George V. [OH] - 5/15/2007

    Committees: Senate Judiciary
    Latest Major Action: 5/15/2007 Referred to Senate committee.
    Status: Read twice and referred to the Committee on the Judiciary.


    Excerpts of text:

    (a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    `(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.

    `(G) Aliens who--

    `(i) have earned an advanced degree in science, technology, engineering, or mathematics; and

    `(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens who--

    `(i) are described in subparagraph (A) or (B) of section 203(b)(1); or

    `(ii) have received a national interest waiver under section 203(b)(2)(B).

    `(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    (b) Adjustment of Status for Employment-Based Immigrants-

    (1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:

    `(n) Adjustment of Status to Employment-Based Immigrant-

    `(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--

    `(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or

    `(B) in the discretion of the Secretary, the adjudication of such petition is pending.

    `(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).

    `(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.

    `(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--

    `(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and

    `(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.

    (2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--

    (A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and

    (B) in subsection (n)--

    (i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and

    (ii) by adding at the end the following:

    `(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.

    (c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--

    (1) pending on the date of the enactment of this Act; or

    (2) filed on or after such date.





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  • H1Girl
    04-09 12:59 AM
    Could anyone help please? Mysituation is not unique or complicated..Working on EAD while waiting for GC is most common scenario...



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  • windsordesi
    04-23 12:05 AM
    I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,

    I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer

    Details:
    Company:A for Programmer/Analyst: and 140 is approved.


    I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.

    Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.

    I am confused as to what should be my next steps:
    Can I still join them?
    What is the less risky option?
    Keep working with current company? (I haven't informed them of pending offer)
    I very much appreciate any help you can provide.





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  • kondur_007
    09-15 11:17 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    First of all, do not confuse tax filing and immigration! These two are totally different ball games.

    As far as tax filing goes, here is what i can tell (to the best of my knowledge):

    1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).

    2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.

    3. Now your third question is related to immigration. Here is what I have to say:
    Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
    Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
    What can be done for this? three ways to straigten this up:

    1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.

    2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).

    3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.

    Good Luck.



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  • bastati
    09-05 03:37 PM
    Today i and my spouse received RFE for 485 (email) . The reasons are yet to know.

    Please let me know if you know these points....

    Does Visa number will assign for my case?
    if NOV bulliten is not current , will NSC still process my application or i got to go back to the Q ?





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  • palemguy
    11-05 06:11 PM
    Mine is July 3 rd recieved date from NSC. My AP was approved on October 8, 2007. I got it my mail on Nov 2, 2007. I haven't get my EAD yet.





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  • wandmaker
    11-07 03:41 PM
    Address Change Online: 24x7 & Calling USCIS : Mon - Fri

    Can I do it over the weekend?

    Thank you.





    eb3India
    04-09 12:47 PM
    President Bush is talking about CIR in Arizona, before the talk on MSNBC there was interesting discussion on whatz coming for CIR

    itz that time again guys I see this as a kickoff from whitehouse on STRIVE and immigration reform,

    will update here as it goes by,





    sunnymit
    02-17 04:19 PM
    Where does one get this document that you have posted here?



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