Wednesday, June 8, 2011

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  • uslegals
    11-11 07:07 PM
    I would appreciate any advice whether E-filing is eligible for folks have I-485 case pending.

    Thanks !





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  • pappu
    01-09 12:19 PM
    From another thread: IV wants to hear from EB1, EB2ROW and people who are current or are outside processing time members.

    Come on fellas, I need your input.


    The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.

    Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.

    Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?

    Let us know your thoughts.





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  • laksmi
    12-06 10:54 AM
    Increasing H1B quota may not be the good choice, US Economy needs stability in immigration, immigrants should be issue with GreenCards for pending AOS and thereby people can invest to buy house and stay in this country.





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  • bobby
    04-18 05:23 PM
    My PD is now current and I'll be filing 5/1
    PD 5/03 EB3 ROW
    Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.



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  • tinku01
    07-22 07:26 PM
    Bluez if dates move back then they will take effect from Sept 01 and you are already attending interview in Aug. Now as per law there no other bulletin can be issued for Aug again. If you rememebr same thing happend last year in July and then second bulletin had to be withdrawn. So don't worry have fun and enjoy.





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  • jonty_11
    02-05 02:43 PM
    this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
    OK thx for the info.



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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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  • ski_dude12
    10-10 03:32 PM
    November's visa bulletin is a wild card. Can expect anything.



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  • copsmart
    06-09 05:29 PM
    Admins and moderators have other important work to do than deleting worthless threads like this.

    Just ignore this crap and move on.





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  • rajenk
    11-18 05:51 PM
    Team, My Labor is filed under PERM was Audited and now approved.

    For, Qualification it says Bachelor + No Experience
    However, in Skills section it says 5 years of experience in Software Development (.NET).

    I got Audited and was required to provide Business Justification for 5 years experience for software developer position.

    Can this be applied in EB2?

    Thanks!

    No body answered the OP. I will try to answer it.

    I think you are risking applying for EB2. I have had a very bad experience with attorney mishaps. You will be better off applying for EB3.

    If the qualification in labor was stated as Bachelor + 5 years in all places that would get you qualify straight to EB2



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  • CaliHoneB
    01-11 10:44 PM
    Thanks for who ever gave me red. I hope your parents nor your kids never get lost in an airport!
    The title was clear if you are not concerned just don't read the post.

    Hi,
    I hope I am posting in the right space and hoping to get some input from people who have been in a similar situation.
    My mother is coming from India (Hyderabad) to San francisco . The ticket was booked in India and we were hoping to get a travel companion for her and help her through gate changes, customs and related stuff. When we talked to travel agents they kept postponing until one week before departure (She leaves on 14th). Now they were able to locate one companion until London but after that they split.
    Eventhough wheelchair assistance was requested from London and confirmed. I am worried that she never traveled by herself and she wouldn't be able to complete all the forms or answer all the questions or even stand in the right queue by herself at the port of entry in San francisco.
    I am sure there will be other passengers from London to San francisco but I want to talk to them before she gets on the plane and not leave to chance and hope somebody helps her. With all the new privacy issues how do we get in touch with Telugu(worst case Hindi) speaking people on the plane from London to San francisco.

    I would appreciate your input

    Thanks in advance





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  • desitechie
    06-29 01:58 AM
    Thank you so much Elaine for your quick response..

    So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..

    Yes. I was told the same by my lawyer.



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  • ghost
    07-18 06:04 PM
    I wonder when illegal can demonstrate, why can't we unite and organize some demonstartions to explain our frustrations and demands.

    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.:)





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  • gc_perm2k6
    08-11 01:42 PM
    Got 2 Year EAD.



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  • hibworker
    03-21 11:04 AM
    I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.

    It is part of new employer - employee relationship memo. One of my friends has been working for 3 yrs at US Company via 2 layers of vendors. He went for stamping at Delhi 2 months ago. During the interview he was told that his visa has been approved - however a week later his passport arrived with visa denied.





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  • thomachan72
    03-28 03:17 PM
    I completely understand that nothing is ever going to happen in favor of legal immigrants. However, when I saw what really the dream act meant to do, I just thought we should get some senators involved and aware of the plight about the kids of the legal community too. One of my friend has 2 kids and he has been waiting now for over 6 years every single day of that in perfect legal status. what wrong did the kids do? why dont they compare equal to the ilegal kids who are going to be blessed by this bill if it is passed. I am sure IV might not have enough will for this since many of the leaders might not have kids but atleast look at others who have kids and always face the dreaded scenario of having to uproot them from their schools/friendships in case of immigration-related issues.



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  • punjabi
    01-13 03:21 PM
    Multiple PERM applications can be filed if the employers are different.


    I am planning on filing a new PERM as a prospective employee of a consulting firm and also have a PERM filed simultaneously from my current employer..
    Has anybody had any experience with this kind of situation, Are there any complications? would this be feasible...pls suggest...
    Thanks...





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  • Berkeleybee
    04-26 07:20 PM
    Glad to have been of assistance and happy that the IV core played the greatest part in getting the story out. Lets keep our eyes and ears open as we look out for more opportunities. There is a potential opportunity from this article shared by gonecrazyonh4 : http://immigrationvoice.org/forum/showpost.php?p=9627&postcount=321

    I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :

    Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355

    More contacts here : http://www.dailybulletin.com/contactus

    Note that this was written by a "guest" columnist. Go ahead and write to the reporter. Happily this is a small local paper, in a pretty Republican district, any article that throws in allegations about Asians and then terrorists cant be taken seriously.





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  • arnet
    09-08 01:37 PM
    well spoken....thanks to Shilpa and for IV/IARC. she highlighted all the problems/solutions even abt SKIL bill. well done.......





    senthil1
    09-09 12:29 AM
    Words in CIR are supporting high skilled. At the same time Schumer mentioned that they will not allow companies to replace Americans with lower wage foreign workers. You can easily get the meaning of it. First CIR need to be introduced. And it needs to seen What CIR will offer for high skilled immigrants. Many lobbying groups waiting with laundry list of demands for them. Basically every group wants unlimited guest workers and green cards. Someone in congress has to take leadeship initiatives without politics and without any bias. Then only CIR is feasible

    I see some words 'brightest', and 'high-skilled'. Who is classified as 'brightest' and 'high-skilled'?
    Can EB immigrants expect something out of CIR?





    muthukmk
    08-03 05:54 PM
    Hi all,

    My job duties are in fact the same and there is no change. My compay lawyer had incorrectly filed as EB3 as my initial job position said bachelors plus 2 years of work experience. I had five years of experience before joining this company.


    Regards,



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