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  • arunmohan
    01-10 12:16 AM
    Have already done that.

    I want to contact Janet specially because I went to school in AZ and in 2002 elections - I was a part of her campaign at the University supporting her.

    Not that I have any proof of it but I had just joined some friends for it - hence I thought would be good to be able to meet up with her.

    I work in Chandler. I am ready to go with you.





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  • ksrk
    03-04 04:37 PM
    Topics at this forum range from H1B to visitor visa to citizenship to EB-based GC and sometimes even family-based GC sponsorship.
    Agreed that quite a bit of discussion happens on issues related to EB. When you spend over half your waking hours at work, and EB-based immigration affects not just your status in this country, but your job, your finances, and pretty much your entire life, it is not surprising that so many posts relate to EB-based immigration.
    And I haven't even mentioned the zillion forms and stages of EB-based immigration compared to others...

    At the end of the day, you are welcome to post a thread on any issue you care about (relating to immigration) and like previous replies suggest, the mission of the organization is quite clear.

    Hi guys,
    this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...

    can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..

    Sr members, please share your views on this topic..

    thanks
    narendra





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  • akred
    05-26 07:27 PM
    I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.



    Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)

    1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.

    2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.

    I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.





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  • wandmaker
    10-23 08:50 AM
    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?


    Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?


    COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.


    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?


    Make sure COS application reaches them before Jan 15th.


    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?


    Dont work beyond the date requested in your H1B extension.


    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    Minimum of 1K attorney fees....



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  • GC_1000Watt
    10-12 09:58 PM
    I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.

    Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?





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  • neelu
    09-15 12:05 PM
    Thanks for your response, FromNaija.

    I do have an approved I-140 based on the RIR PD. I will update my first post with that info.

    I know that USCIS should interfile the two cases. My question is, how to find out if that happened and if not done what can be done to ensure that?

    Also, has anyone gotten similar messages like "your case has been prepared for review"? I have searched this forum but could not find anything about it.

    Any thoughts/comments are appreciated.

    If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.



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  • Lasantha
    04-25 02:23 PM
    I don't think there's anyway around it. Try to visit over a weekend, leave Friday evening and return Sunday. If you not you will loose the your PR which would be a waste.
    Lasantha





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  • cygent
    12-01 08:48 PM
    Thanks coopheal,

    Just sent in $100 Transaction ID: 1HH11588973388432

    C'mon folks, lets keep this drive alive!!! Tis the season to spend, what better way to invest, than on YOUR OWN FUTURE !!!!



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  • mjdup
    12-18 10:49 AM
    Yes, that's my plan, to have MA and NH state members send emails to the congressman's office to try and get appointment. This will provide good opportunity to present the material from our resources section. thanks.

    Will keep you posted.





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  • GCanyMinute
    09-10 08:42 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.



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  • brad_sk2
    08-14 06:22 PM
    But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.





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  • paskal
    12-14 12:41 AM
    Hi all,

    Between this thread and the main chapter thread, we have now accumulated a handful of members, looks like we are all set to be an active chapter!
    couple of things:

    1. IV IL chapter has invited us to their conference call, please check the thread called "Members in MN" under the IV agenda forum, if anyone can participate and report back here it would be great.

    2. Conference Call: Anyone have dates or times in mind? btw pappu, question for you: does iv have a way of facilitating these calls?

    Looking forward to hearing from you all, together we will surely achieve our objectives...

    Puneet



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  • kabeer_g
    08-10 02:05 PM
    Well we had Hindu marriage in May. We have our marriage card, pictures, witnesses etc. So I was under the impression that I would be able to get certificate from registrar. Here is info I got
    "
    Under the Hindu Marriage Act:

    Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."





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  • key_ket
    12-15 06:19 PM
    if you have bachelors and more than 5 years, you can definitely qualify for EB2. Good luck



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  • andhrawala
    09-22 10:01 AM
    I applied my EAD in Nebraska as OH falls under it's jurisdiction and got my approval in 2 weeks. Thought of sharing so that some one may find this information useful.

    Labor Priority Date: EB2 - 2007 April - India
    I-140 Applied: 05/15/2007
    I-140 Approved: 08/10/2009
    I-485 Applied: 07/26/2007
    I-485 Status: Pending





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  • meridiani.planum
    11-06 05:01 PM
    Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.

    incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.

    In that case, H1 will be denied because an H1 application while out of status will lead to denial.

    incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.

    To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).



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  • sumansk
    11-29 11:22 AM
    How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
    Thanks





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  • AtulKRaizada
    07-18 06:12 PM
    A lot of discussion happened on this topic in the past and the general consensus was that it will boomerang on us. We should not be demonstrating/protesting/demanding.

    Welcome to the world of white collar politics.:)

    This is ridiculous, there is a saying that even a mom doesn't feed her own child unless he cries.

    I strongly feel that we should make a genuine effort.





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  • GC4ALL
    09-24 05:15 PM
    Hi Gurus,
    I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.

    I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.

    Are there any catches in this rule.
    Please advise me.





    nozerd
    02-25 03:55 PM
    I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.

    1) Assume I have $ 100,000 in a 401K plan.

    2) I terminate and roll over the funds to an IRA.

    3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.

    4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.

    5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)

    So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?

    Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.

    Thanks





    urstruly
    07-26 09:51 PM
    My friend has a unique situation. Please help out with your advise.

    He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).

    Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.

    Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.