Thursday, June 23, 2011

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  • danielp78
    09-12 09:22 AM
    When does the new fiscal year start?





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  • gc28262
    02-16 10:34 AM
    gc28262,

    I don't know how you said this ? But, I call it's a height of ignorance at its best. Dude, wake up to the reality world. You asked how many companies you know ? I bet, It should be more than 90 - 95% of all the companies out there.

    Why don't you tell us the total number of consulting companies you know in the first place.

    Then tell us how many of those are doing illegal stuff etc ( if you have real information)

    Then we will see what percentage of the total companies are bad.

    Before arriving at a figure 90%-95%, please provide us the numbers. Be truthful.





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  • logiclife
    08-27 12:52 PM
    What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
    This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
    In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.

    Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?

    Yes, I agree with you. Asking for valid visa stamp is too much, the latest I-797 and latest valid I-94 should be enough to get driver's license, because latest valid I-94 proves that you are legal and that's enough. Passport stamp is not neccesary to prove legal status.

    The sad part is that employers should get involved with state legislature and state regulators, DMV etc to make sure their foriegn workers have ability to get driver's license based on approved I-797. Its a mess.





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  • bigtime007
    06-28 12:24 PM
    Does this indicate that all dates will be 'C' in July?

    Maybe this means August VB will retrogress?



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  • sc3
    11-14 10:52 PM
    But the thing is how i am gonna prove that i am paying money every month $500 for my H1. In my Pay stub they are saying "CASH ADVANCE DEDUCTION" = $500

    When you "joined" them what was your situation? Were you previously on H1? When did you learn the fact that employer is not supposed to ask for money from the employees? If you knew these facts before you joined, and you joined them because of your situational needs, you may be considered a party to the fraud yourself. So if you did know about these situations beforehand, it is in your best interests to stick around till the contracted period and then decide on your next course of action.

    Your recourse to the law will be only when you are without guilt, from most of my understanding of how "desi blood suckers" work, they are not the only one taking advantage of you. In most, if not all, cases, people joining them do so because of their weak situation.





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  • BharatPremi
    10-25 04:45 PM
    I have nothing more to say guys. what some people are saying is logic and what i'm saying is the fact.

    Anyway, My lawyer used the PERM. right after i received my Labor I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....

    Yep, that makes sense. Now only puzzle remained is USCIS approved your case during 10/19-20/07 and EB3-ROW is not current but hey it is USCIS.Anyway, buddy, Congrats and please keep us visiting.:)



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  • acecupid
    05-28 01:17 PM
    http://www.americanprogress.org/issues/2009/05/opinion_0525.html





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  • soma18
    11-13 10:11 PM
    I am on H4 for past 2yrs. My H1 is valid since Oct07. I want to travel to India in Dec this yr. I have few questions:

    1. I haven't started to work. So, what is my status as of now, after my H1 being aproved and valid since Oct1 2007?

    2. My H4 is valid till Mar 2008. If I want to travel to India in Nov end and come back in Dec, do I need stamping on my H1 from the consulate.
    If YES then:
    Do I need to show any pay-stubs?
    I NO then:
    a. At the port of entry what status is I am supposed to declare?

    b. If I enter as an H4 then does that invalidate my H1 visa?

    Plz help!!



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  • logiclife
    01-20 07:57 PM
    You can use paypal now. The problem is fixed.

    Even if you dont have paypal account, paypal site provides facility to receive funds using a credit/debit card without having to open a paypal account.

    You can also mail the check to the address shown in "Why Contribute" and under "Contributions" menu.

    --Logiclife.





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  • makemygc
    07-06 11:30 AM
    Guys,

    Here are my thoughts:
    ---------------------

    There are Four group of people (Became current with July bulletin) who are affected and suffered.

    1) The people whose applications reached to USCIS before 10:00 AM
    07/02/07, i.e. before USCIS's new revision/update.

    Note: Legally this group is the SAFEST one as their file reached to the
    USCIS table on time while USCIS's first bulletin was in effect. Their
    case is strong as far as "Law and Justice" is concerned.

    2) The people whose applications reached on 07/02/07 but after USCIS's
    declaration of new revision.

    Note: This group can be fit in a category "Who did not receive ample
    notice from USCIS for its intention to change the bulletin. And so
    may be considered "Probable beneficiaries" by the judiciary

    3) The people whose applications reached or will reach to USCIS from any
    time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.

    Note: This group will have a "Strongest" weak argument and case. Their
    act of sending files perhaps may not be considered "Law-abiding" as
    they have already received ample notice from USCIS and clear
    statement of USCIS about "Rejecting applications upon receiving"
    then also this group sent the applications.

    4) The People who will not send applications at all with respect to the
    USCIS's revision.

    Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
    be considered "Law-abiding" and who acted as per USCIS's
    instruction within the periphery of respecting legal authority.

    Now other points to be noted are as under:
    -----------------------------------------

    DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what we must stress on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a week case. Nos USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS decalred "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".

    Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.

    Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out ot everbody looses it. Same argument goes for people who are not filing. By not filing they are obeying the leagl instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....

    If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able save it face and limit on visa numbers wil automatically send whole bunch of files for eating the dust for years.

    I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)

    Any thoughts?

    How do you define "All effected"?



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  • gc007
    06-30 09:50 PM
    Can someone tell that If USCIS says that 29 June 07 is the last date to receive applications for premium processing for I 140 . Does that mean that they shud receive the application by 29th or application shud be post-marked dated 29th in order to be considered for premium processing.

    Thanks





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  • villamonte6100
    04-09 05:02 PM
    The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve.

    Alot of times the comments in this forum are completely irrelevant and very insulting to the Americans. And here, we are asking them to please change your laws so we could live happily in their county. And if they say no, that's their right.

    I am as frustrated as anyone here and I know people from other countries including Australia, Philippines, UK and China who have been waiting for years as well.

    If we could please make our comments "not country-centric", I am sure more people will join this forum.

    I know several people are not participating in this forum anymore because they are turned off by these country-centric comments.

    It hurts, but that's the truth.



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  • Goodintentions
    04-11 07:57 AM
    You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
    You may verify the same with lawyers and gurus.
    =================

    Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)

    AC21 and I-140 Revocation : INS Inconsistent on I-485s
    Posted Feb 07, 2003

    The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.

    For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.

    We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.

    The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.

    If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.


    � The Law Office of Sheela Murthy, P.C.

    ==================

    Best wishes!!!





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  • GCard_Dream
    07-21 01:30 PM
    It is very unfortunate that people equate job opportunities to the population of the country. If that were the case then India and China would have the most job opportunities in the world because they account for one third of the world population but that's not really the case otherwise we all wouldn't be here in the first place.

    Opportunities are defined and provided by the economy. When you compare Canada to US, you might say that it's a smaller economy but remember Canada is a G8 country with such a strong economy that most other countries in the world can only dream of. US is the richest country in the world with the strongest economy so obviously other countries don't offer quite the same opportunities but Canada offers things that has become a dream for many of us... to be a citizen of the country where to permanently reside. Canada offers stability, certainty, hope for the future, and and an opportunity for everyone in your family to realilze their dreams as opposed to sitting at home for years doing nothing hoping that one day that EAD will come. Canada respects immigrants and welcomes them with an open arm quite contrary to policies in US where you are allowed to work but your family is not and even you are kept on the state of limbo for years and years wondering what your future holds in years to come. And better yet, you abide by the laws, pay taxes, do everything by the book yet the guy who just walked across the border has much better chances of becoming a permanent resident than you. Where is the respect and fairness for law abiding folks? That my friend is what is different with Canada. You get treated with respect and dignity and you get to decide what your future holds and not the US government.

    Good Luck to you all.



    Why don't you start a similar forum for "going back to India" ? I hate to burst your "bubble of hope" but Canadian population and job market is limited and the opportunities for professionals like us are limited. Why not consider going back to India and taking up some of the lucrative opportunities in middle management in the IT industry.



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  • vin13
    01-13 04:13 PM
    I wish they do the horizontal spill from other countries to India every quarter. This way the work load at the USCIS is steady. Instead they like to wait for the last 3 months. This does not give them enough time to process.

    Is there a 'Dummies" series for effecient management of work which we could present to USCIS :D





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  • sanju
    07-14 06:29 PM
    ZERO



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  • funny
    09-29 01:21 PM
    No offense to anyone, you are still free to discuss anything you want.

    The purpose of this thread was to get information from the immigration point of view and wether its ok to start your company if you have 485 pending and what effect it might have on your GC process and also to get valuable information from people who have already started their own company.

    Guys Please post valuable information on this thread, so that it can help other people who are planning to start their own company.





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  • EkAurAaya
    05-15 09:15 AM
    PD is March 2003, I'm also leaning towards AOS

    As APNAIR2002 pointed out it could take 45 days to 3 months and luck has not been on my side in this matter :D up until yesturday





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  • sxv7392
    07-11 09:50 AM
    Called USINPAC (General Inquiry 202-628-3451) talked to one Amit Patel. told him our efforts with regard to the flower campaign.

    Robinder Schadeva who claims to be the coordinated of this campaign is in India right now and the guy I talked to does not have any clue about the flower campaign..............................





    pointlesswait
    05-13 10:43 AM
    its not EB2 or EB3..its just desis that are being signalled out!
    it borders on Apartheid..but of a different kind..;-)..(think maan...)
    :cool:
    so to fight this "whatever"..brother.. support IV..;-)



    I and many folks in this forum have seen very few approvals for this category. How come USCIS says that this category is over subscribing the visa quota. Why they are moving un used visas to EB2 (no offense) why not for EB3?

    We need IV help in this area.





    chanduv23
    11-02 06:39 PM
    It shows that the interpretation of law is not same everywhere.
    some people get it easily and some dont. Bridgeport, CT DMV is very crowded most of the time and tough to get things done. There are a lot of people of a kind that come there and it is tough. you must try Westport etc kind of areas next time.

    yes, there was so much difference between Bridgeport and Hamden. Eventually I got it for 5 years though I had just 1 year extension on my H1b. I am now in NYC and have to get NY license and just to play it safe , am planning to get the license when I get my h1b 3 year extension which will be applied sometime beginning next year.



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