Monday, June 27, 2011

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  • Hermione
    09-27 10:07 AM
    The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."

    I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.

    This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.

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  • gxr
    10-01 03:29 PM
    Anyone with Oct 06 or earlier RD still waiting for I-140 approval?

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    12-02 02:39 PM
    And also, my wife is on H1B with 4 & 1/2 years remaining on hers with 1st extension. Is my converting to H4 going to help upon my h1b expiration in Sept 2009? can I convert to F-1 and possibly work on CPT if any university would allow me to do so? Thanks for your response.

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  • jung.lee
    03-03 11:56 AM
    Hello forum gurus
    I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.

    Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.

    What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.

    Can some one share your thoughts.

    thanks in advance

    See the below linked forum post for a relevant discussion:

    Also, see this document I posted on Scribd:


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  • RanchCharm
    07-17 07:14 PM
    Hi All,

    I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.

    My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?

    I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?

    Please advise.

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  • ameryki
    02-29 01:50 PM
    Receipts usually sends to Attorney, who represent your case, if you signed G-28 form. You only get Notice for FP, Original EAD, AP. So don't worry abt the receipt. It should be with your attroney.

    What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?


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  • IAF
    02-01 08:12 AM

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  • Libra
    08-05 08:32 PM
    To capture unused visa numbers we need to make DC rally big, so lets go to DC on sept 13th and make it big success.......

    get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

    Good thing is that people will get interim benefits like EAD/AP.


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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 (

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  • desi3933
    09-05 05:53 PM
    Thanks, nice reply.

    Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?

    If I go with C-Corp, shall I liable to $800 as well, any ideas??

    What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.

    Thanks in advance.

    The minimum California franchise tax is the amount a California corp must pay the first quarter of each tax year whether it is active, operates at a loss or does not do business. The current minimum tax is $800.

    The $800 tax payment is not due during the corporation's FIRST tax year. The first $800 minimum tax is due on the 15th day of the 4th month of the corporation's SECOND tax year.

    Please note that LLCs are liable for the minimum franchise tax in all years (no two year exemption for LLCs).

    Please check details with California Franchise Tax Board. The web site is

    *** Disclaimer - This is general info and use it at your own risk *****

    Proud Indian American and Legal Immigrant


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  • frostrated
    09-14 04:35 PM
    I got it.
    I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
    At this stage they might have spend money on LCA only + for attorney fee if any.
    Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
    H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
    Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:

    Any money spent by the employer for employment related expenses are employer expenses. you are not liable for them. If they push, inform DoL. Employment in the US is At-Will. The only clause they can enforce is to prevent you from using any of the knowledge you acquired with them (non-compete contract). As you have not worked with them, you are not yet an employee, and there is no legal standing for them to come after you.

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  • pappu
    09-22 07:12 PM
    Title: Creating American Jobs and Ending Offshoring Act
    Sponsor: Sen Durbin, Richard [IL] (introduced 9/21/2010)

    Cosponsors Sen Dorgan, Byron L. [ND] -
    Sen Reid, Harry [NV] -
    Sen Schumer, Charles E. [NY] -
    Introduced in the Senate.

    This bill will give companies a two-year holiday from their share of Social Security payroll withholding taxes for each employee they hire to replace a worker at a foreign-based facility. The Creating American Jobs and Ending Offshoring Act would bar companies from taking tax credits or deductions for the cost of closing a U.S.-based facility to move the operation overseas.Companies could still take deductions for severance and job placement services for employees who lose their jobs as a result of a U.S. plant closing. Under the legislation, companies that close a U.S.-based business and expand it overseas would no longer be allowed to defer U.S. income taxes on foreign subsidiaries.

    Reid has the option to set up a procedural vote next week


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  • jeny
    08-06 03:41 AM
    Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?

    Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.

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  • sathish_gopalan
    07-05 04:21 PM
    If you leave US for 2 or 3 years and get back through a new employer, does your I140 priority date still holds good. A friend of mine got his I140 approved, left to canada and got his citizenship. He intends to move back and want to know if he can still use his priority date. Thanks.


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  • pitha
    07-08 03:11 PM
    I was one of the people who bashed Oh when he "sympathizes" with USCIS workers, I could not figure out what he was thinking sympathizing with USCIS workers.

    In this case he is helping publicize the flower campaign. Why are you guys bashing him instead of thanking him? IV core has clearly stated the flower campaign and some other initiatives are member initiatives and not IV initiatives so I can understand why Mathew Oh might have left out IV. Let�s not make an enemy out of a friend who is trying to help us in this particular situation.

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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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  • Jaime
    08-17 01:01 AM
    The HSMP looks very attractive if you don't know the details. Yes, you get a visa even without a job offer but they give you only one year to find a job. After 1 year in the UK you'd better have a job or you will most likely send you back to your home country (you go through a government review after 1 year). Of course, if you find a good job during that first year you should be OK.

    The pro I see in this is that if you are patient and work for 5 years in the UK you will get your EU passport and yo now have mobility to other parts of Europe where the IT and other industries might be better (like Ireland)

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    08-16 03:26 PM
    There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.

    But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.



    It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.

    Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.

    So don't worry.

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  • rsayed
    07-08 01:56 PM
    Thanks a lot for posting!
    Please post the URL, always, if I may add.

    It's right on the home page.

    05-29 09:11 AM
    I recently got back from India and got my stamping done in New Delhi instead of Chennai. I tried taking the emergency quota option in Chennai and was not successful. I got fed up with the system and opted for New Delhi and the stamping process went without a hitch.

    One thing I would suggest is to take all your previous H1 original docs as the consular asked me for mine to make sure I was always in status.

    Good luck

    As per if you're working in the US and are returning back to work, you can qualify for emergency quota. Is this a viable option? My travel dates in Aug / Sep / Oct are not confirmed yet and so I am planning to take an emergency appointment only.

    07-20 04:44 PM
    I will try to answer to the best of my knowledge but I am not an attorney.

    Your case fall in family based 2A preference, the PD date on which is July'02, which implies people in your situation who applied in July'02 are being adjudicated. So obviously, thats not an option for you, if you want to come immediately.

    You child can come here on vistor visa. The issue you will run into is that even though visa can be granted for 10 years but she cannot stay for longer than 6 months at a stretch and some months gap before re-entring in the USA.

    Second option is writting to consulate and department of state to issue visa on compassionate grounds. Issuance of such visa is rare but they are there. You probably will need to show extreme hardship and very few (even attorneys) are in position to advise you on this matter.

    So my suggestion will be to go to your nearset consulate and discuss the matter with consulate officer/visa officer.

    I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
    We are planning to bring the kid by end of this year to USA.
    So what visa should we apply for him we are not sure :confused:

    A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

    But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

    Thanks in advance, ;)

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