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  • morpheus
    04-02 10:45 PM
    I just did some further reading and research, and it appears that an H1 could do the following if this bill passed tomorrow.

    1. Quit their job
    2. Form an LLC and self-employ
    3. File for 218D status. Once this is approved, you are able to work anywhere. It's not clear if there will be a filing procedure or not.
    4. Wait six years.
    5. File for green card. Note that 218D requires you to work for the entire six years - but it can be full-time, part-time, self-employment or full time study.

    I can't believe it could be that simple. The only downside is that there might be 10 million people in the queue for 218D, so it will probably be backlogged until 2026!





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  • Nil
    11-09 11:10 AM
    ^^^^^





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  • desi3933
    07-20 04:26 PM
    AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.

    Incorrect.

    One is allowed to enter on H1 under deferred inspection if the I-485 is approved while applicant is not in US. Of course, one can enter on AP as well.


    ______________________
    Not a legal advice.





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  • jkays94
    04-18 07:49 AM
    The McCain-Kennedy bill is what had the EB provisions in the first place long before Frist or Martinez-Hagel put their bills. Senator Kennedy has been fighting for immigrants rights for almost 40 years (longer than someone of us have been alive) including legal immigration. His own brother President John F. Kennedy wrote a book called - We are a nation of immigrants.

    I am sorry but with all due respect to Sen Kennedy he could address the rally of bunch of illegals waiving Mexican Flag and demanding their "RIGHTS" in Spanish. We have sent faxes in English to Senetor Kennedy requesting to support Bill that will provide relief to Legal immigrant communites but still nothing specific to our cause.

    Please let us refrain from making conclusions as to who was at the rally, there were many legal immigrants and citizens at the DC rally of many nationalities and backgrounds, it was covered live on CSPAN twice for its entire 4 hr duration -- CSPAN as you know is funded by US public funds and would not cover an event dominated by illegals. The US constitution guarantees constitutional freedoms and rights to all who are within its borders and that would include the right to assembly and freedom of speech. FYI, there are 43 million Hispanic-Americans in the US. The DC rally had just as many American flags as many other rallies around the country on April 10. Senator Kennedy has done a lot for legal immigrants, but lets face it, with no CIR, there will be no separate bill for legal immigrants, we would have to rely on ammendments to other bills and those ammendments would be subject to the fate of sections 8001 and 8002 of S1932. CIR originated in the Senate through McCain-Kennedy, the EB number provisions were in this bill, so lets give credit where its due and not say that nothing has been done for legal immigrants by the Senator.



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  • DSLStart
    07-25 09:51 AM
    I too received an email couple of days back that my 140 which was approved in Dec 05 has been transfered from VSC to TSC. Wonder whats going on :confused:





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  • ilikekilo
    04-22 02:06 PM
    Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.

    --One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and

    --Is it advisable to get my H01 filed at this time?
    --What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
    --What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.

    Please suggest. Thanks
    my 2 cents

    Please be mindful if you are applying from home thru' so called consultancies. I have seen (not heard) enough cases being abused...

    bottomline, dont fall for something if it sounds too good to be true. you dont want to become a statistic! good luck..

    last but not least, its really bad out here..so dont jump the ship just yet



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  • obviously
    12-04 08:15 PM
    Next time you fly into India, THANK the security folks for taking care of security day in and day out.

    After all they are also human beings. They work in one of the most unmotivating work environments. Worse than those in GC Q's.

    If each of us did this, imagine the power of change... and they will be more motivated to secure and protect all...

    Just a simple "Thanks for taking care of us all"... and not too much to arouse suspicion :)





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  • h1bemployee
    02-26 10:43 AM
    When was your H1-B amendment denied?
    What is your current LCA salary vs. original LCA Salary?

    Original LCA salary is like 58k and current one is 40k



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  • singhsa3
    07-20 02:04 PM
    Then why do they have two separate forms
    It doesn't matter. You can file G-325 or G-325A.





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  • WaldenPond
    02-24 11:57 AM
    Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..



    The main goal of IV is to bring an end to labor processing delay in the backlog center and I-485 retrogression. We have consistently mentioned this in all possible forums. This has been clearly mentioned on home page. And if there is anybody who has any doubt, could you please request them to please call at (281) 576-7185.

    I am beginning to realize that for some people who do not want to contribute, there will always be plenty of reasons and plenty of excuses not to participate & contribute. I think these people are the once who are actually responsible for the problems of all of us. Our problems do not originate in the slow GC process or the existing bad legislation. Our problems originate due to the people who are always looking for reasons to not participate or do anything or these people who are always looking for reasons to feel offended. And these people are sure doing a wonderful job because there will always be plenty of reasons to feel offended or not feel part of the group or not find enough motivation to feel part of the bigger community.

    Asking questions or requesting a specific item in the goals is one thing. People beating the drum of transparency �. That is no big deal either. Everybody is entitled for their opinion. But people watching from the sidelines or for the people who want to include agenda as Goals of the IV or for the people putting conditions to their contributions, here is what I have to say to you. I would sincerely request you to never visit Immigration Voice or any other immigration related forum or website. You guys are the real problem because you are the once helping to foster the current system by not participating in brining the change. At the end of the day, know that you are the real culprits not the system which will be shaped by the contribution of each of us.

    In last 2 weeks the contributions has really come down drastically. Everybody please note that we are running very low on the funds collection. All of us have two choices. One, contribute for this cause generously and lead the friends and acquaintances by example and tell them to do the same. Secondly, find reasons to not participate or not to contribute due to this, that or whatever �. The choice is entirely yours. But with your choice also understand whether you are being part of the solution or part of the problem. And whatever you do (including posting negative messages), I would sincerely request everybody to ask yourself one question, whether you (or your post) are strengthening or weakening this effort.

    I would like to request all the members who have not yet contributed to please contribute generously. Please put your money where your mouth is. This effort or any similar effort for that matter cannot do much without the necessary funds that only come in the form of contributions from its members. And for those of us who have already contributed in the past, its time to please contribute more and help to fuel this effort.

    This is not just about the life of the people who started this effort or the core/active members who have taken the initiative and responsibility. This is about all of us whether or not you feel part of it or not. It doesn�t make any difference how you feel about the situation or state of affairs. Why? Because this will be over very soon. And for the people who want to continue to ponder over this idea of whether or not they have a sense of belonging to IV, I would sincerely request you to please understand and know that by any contribution to this effort, you are strengthening your our voices. Know that this is not about anybody else but you.



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  • unaikax
    01-04 07:58 PM
    I am going to lodge a complaint with EPFO for PF/Gratuity using the following link
    EPFO (http://www.epfindia.nic.in/grievance.htm)





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  • BharatPremi
    03-17 02:35 PM
    You cant just divide 500000 by 3. The numbers are not same for all categories.

    Eb1-3 all are granted 28% and I am assuming there as equal number of applications in each category though it would not be the case in reality but I was just giving a crude math example.This 500000 load was from EB1/2/3 only.In reality it is more scary for EB2/3 India particular last july filing as most filings should have been from EB2/3- China and India considering the H1 arrivals from these 2 countries during the year 2003-7. And yet in that example I did not mirror USCIS's limits such as 7%, load from previous filing which is not yet clear. Bottom line EB2 with 2004 PD will have to see a long road before becoming current.



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  • Ann Ruben
    04-23 10:48 AM
    If you are subject to the two-year home residence requirement, you cannot be granted H-1 status until a 212(e) waiver is granted. However, your employer can file an H-1 petition for you now. Once the petition is approved, AND the waiver is granted, you can either file with USCIS for a change of status, or you can apply for an H-1 visa abroad.





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  • chanduv23
    06-28 03:45 PM
    Merge this into the rumor thread please



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  • GCKaMaara
    10-15 11:58 AM
    I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......

    My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.

    I Second this idea.





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  • RajWantsGC
    05-21 11:19 AM
    well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.

    browncow, thats what I heard from IO in info pass that we can file EAD when appeal/MTR is pending with uscis and I485 is in denied status. Do you know that any has got EAD based on the above scenario?

    Thanks
    Raj



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  • chris9902
    06-12 07:41 PM
    about as much as i want aids





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  • gcsomeday
    07-17 05:24 PM
    newxyz100, since 485 was already filed, he/she can come back on h1/h4. I believe its just like using your h1/h4 instead of your EAD and AP in future. Experts please correct me if I am wrong.





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  • sledge_hammer
    05-14 04:12 PM
    Not too many EB2 Indians will benifit from this movement???





    485Mbe4001
    05-19 01:07 AM
    honest opinion, talk to a good lawyer about this. your case is unique so dont depend comments from us. Companies have always used the carrot and stick aproach, with GCs, its just our luck that we roll the dice with this process and how we are exploited. You can stand your ground and negotiate with your firm, to a certain extent they need you too. Your I-40 is owned by the company, so they are the ones sponsoring you. Besides your current lawyers will probably have all your papers and approvals. Our lawyer did not even give us the I 140 number as we did not file it. I guess you might need all the 140 papers when you file for 485





    Munna Bhai
    04-27 11:41 AM
    Hi,


    I am in a unique situation as far as capture of earlier PD is concerned.

    My company had filed an LC for me in EB3 with PD of Oct '03.

    I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

    I have got my I140 approved for the same and also 3yr ext. based on that as well.

    My EB3 LC is approved as well now.

    My question to somehow capture the PD of my EB3 LC.

    Is it possible ? Is anyone in the same boat ?

    Regards.

    Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.

    Hope this helps.