akp
07-15 07:43 PM
Follow this thread
http://immigrationvoice.org/forum/showthread.php?p=115066#post115066
http://immigrationvoice.org/forum/showthread.php?p=115066#post115066
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chanduv23
11-12 02:24 PM
This is encouraging. chandu, I read somewhere (mostly on murhty) that CIS will be publishing new AC21 soon and it is expected to be more stricter. Is this just the speculation or any other indications are received?? any idea? I am afraid that what will happen to people who already have used AC21 by following what currently exists???????
Please post any link where it says it is stricter or any new stuff USCIS wants to implement
Please post any link where it says it is stricter or any new stuff USCIS wants to implement
msp1976
10-19 02:38 PM
That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
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watzgc
04-02 06:44 PM
Watzgc,
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
Hi Sid,
My employer is based on CA and my present clinet is within 40 miles from my employer office. still do I need to get LCA ?.
Thanks,
watgc
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
Hi Sid,
My employer is based on CA and my present clinet is within 40 miles from my employer office. still do I need to get LCA ?.
Thanks,
watgc
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anilsal
12-16 08:09 AM
IV core member will be there.
Saturday, 8pm cst
Scheduled Start Time: 8:00 PM Central Std Time
Scheduled End Time: 8:55 PM Central Std Time
Scheduled # of Participants: 100
Type of Conference: Web-Scheduled Standard
Dial-in Number: 1-641-297-5500 (Iowa)
Participant Access Code: 523434
Sorry from next time, I will get toll-free number.
Saturday, 8pm cst
Scheduled Start Time: 8:00 PM Central Std Time
Scheduled End Time: 8:55 PM Central Std Time
Scheduled # of Participants: 100
Type of Conference: Web-Scheduled Standard
Dial-in Number: 1-641-297-5500 (Iowa)
Participant Access Code: 523434
Sorry from next time, I will get toll-free number.
sunny1000
11-12 03:25 PM
Did you have to get it in advance or did you get it on arrival?
I got this in advance. But, it does not apply to you as you have a GC and you don't need a Mexican visa.
I got this in advance. But, it does not apply to you as you have a GC and you don't need a Mexican visa.
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dilbert_cal
10-08 11:51 AM
If a person has a copy of 140 approval, can he/she port the PD even
if the employer revoke it?
thanks
babu
Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.
There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.
One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.
if the employer revoke it?
thanks
babu
Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.
There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.
One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.
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walking_dude
12-10 07:00 PM
Mahatma Gandhi, bless his soul, had the balls to stand up and fight back. On the other hand, majority of our community live in the fear of their own shadows. We should stop comparing our sorry selves to that great man when we lack an atom of the courage he had.
We don't want to goto DC Rally in March as it's too cold. Summer is too hot and in the spring we have family vacations planned. We deserve the punishment we are receiving for our inaction.
Can we do something about this.
Isn't it something similar that happened when Gandhiji was thrown out of a train is South Africa. Gandhi was discriminated based on his color. We are being discriminated on immigration status for our right to work.
We don't want to goto DC Rally in March as it's too cold. Summer is too hot and in the spring we have family vacations planned. We deserve the punishment we are receiving for our inaction.
Can we do something about this.
Isn't it something similar that happened when Gandhiji was thrown out of a train is South Africa. Gandhi was discriminated based on his color. We are being discriminated on immigration status for our right to work.
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gjoe
08-14 03:30 PM
With due respect, Can you please tell me why it will fail?
Are you going to go there and ask for more visas or ask them to move the dates forward?
Are you going to go there and ask for more visas or ask them to move the dates forward?
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Maxine
03-31 04:42 PM
done...
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redcard
08-11 11:17 AM
This looks workable atleast on the face of it. I found this on the tax portion on the web,,maybe you have already seen it..
http://answers.google.com/answers/threadview?id=726542
http://www.valuation-net.com/affiliates/raybower/articles/oct20-2.html
http://www.immigrationportal.com/archive/index.php/t-196854.html
http://answers.google.com/answers/threadview?id=726542
http://www.valuation-net.com/affiliates/raybower/articles/oct20-2.html
http://www.immigrationportal.com/archive/index.php/t-196854.html
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rkanth12
08-26 11:07 AM
Friends I think a great injustice is being done to NSC filers , their applications are taking months for ead and ap, while TSC filers are getting ead adn AP as soon as they get receipt, do you think this will improve for NSC in future, at this time looks like august NSC filers will haveto wait till the end of the year for EAD,ap, which is sad.
Agree with you. It is sad.
Agree with you. It is sad.
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Nikith77
02-23 09:02 AM
But guys I am in EB3 Dec 2004. As per current phase I will be getting my GC some where in 2023
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bhavinkanani
10-12 10:08 AM
Hi
I am in 7th year of H1b now..last time my h1b was renewed dates were until April 2008. I went to india in Dec 2006 and came back in Jan 2007. My passport was expiring on Sept 29th 2007 so Immigration officer dated my I-94 until sept 29th 2007 and told me same thing that you can go to any port of entery or international airport and meet USCIS officer and extend your I-94 with your new passport. I waited until last moment and around sept 24th I went to USCIS officer on airport as well as on Port of Entry (called Deffered Inspection site). Both places got answer you need to file extention online because we only correct mistakes and this is not a mistake but it was case of passport expiration. I called my lawyer, my hr, my company lawyer. Everyone told me I cant work after 29th sept as my i-94 is expiring. Thats same as your H1 expiring. SO either leave country and comeback with new stamping or file new h1b. I ended up filing new H1b as i had only couple of days left before my I-94 would have expired. I have filed I-485 and ead and my I-140 is pending. My pd is Dec 2003. As per my lawyer I want be out of status as mY I-485 is pending but I will loose eligibility to work as I wont have any work authorization once my I-94 expires and dont have EAD approved on my hand. I hope this helps you.
I am in 7th year of H1b now..last time my h1b was renewed dates were until April 2008. I went to india in Dec 2006 and came back in Jan 2007. My passport was expiring on Sept 29th 2007 so Immigration officer dated my I-94 until sept 29th 2007 and told me same thing that you can go to any port of entery or international airport and meet USCIS officer and extend your I-94 with your new passport. I waited until last moment and around sept 24th I went to USCIS officer on airport as well as on Port of Entry (called Deffered Inspection site). Both places got answer you need to file extention online because we only correct mistakes and this is not a mistake but it was case of passport expiration. I called my lawyer, my hr, my company lawyer. Everyone told me I cant work after 29th sept as my i-94 is expiring. Thats same as your H1 expiring. SO either leave country and comeback with new stamping or file new h1b. I ended up filing new H1b as i had only couple of days left before my I-94 would have expired. I have filed I-485 and ead and my I-140 is pending. My pd is Dec 2003. As per my lawyer I want be out of status as mY I-485 is pending but I will loose eligibility to work as I wont have any work authorization once my I-94 expires and dont have EAD approved on my hand. I hope this helps you.
more...
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tinuverma
02-08 06:52 AM
Hello guys,
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
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nchendica
09-25 01:16 PM
I don't know how much time you took to complete AMIE.
Longer is better in this case.
I finished my AMIE in three years and I am in trouble.
If you took four or more, then you are lucky.
May be you can request a letter from IE, Calcutta mentioning the timeframe you took to finish AMIE.
That helps to support AMIE is a four years degree.
Regarding MTR, may be you can tell your attorney that similar AMIE applicants got I-140 approvals and your bad luch that it got stuck.
If your ed eval says you have bachelors, then you can tell your attorney that you have the qualification and you want try one more time.
My personal recommendation is go for another new labor with EB3 and draft it accoring to your qualifications.
Once the I-140 is rejected, then it is a bad remark.
All next I-140's will be linked and tracked. So it is difficult to convince USCIS that you have bachelors. Even though you go for MTR, you can buy time and it is hard to get positive results from USCIS. This is all my guess.
It is always better to go for EB3 new labor as you have some time.
Thanks and all the best.
Here are the details of my case:
Hi All �
Please I need some help urgently!!! Here is what I am going through �� My I-140 got denied on Aug 28, 2008.
My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).
In my labor it�s clearly stated that the bachelor equivalent is needed.
Labor Priority date: 5/10/2007
8/7/2007 I-140 petition filed for EB2.
8/7/2007 Adjustment of Status applications filed.
8/7/2007 EAD application filed.
8/7/2007 Advance Parole application filed.
9/25/2007 USCIS Receipt Notice received.
10/23/2007 EAD approved and valid till Oct 2008.
6/20/2008 EAD renewal application filed.
Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.
In the mean while, my wife got a job. I asked my lawyer if it�s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.
7/1/2008 RFE Submitted
08/28/2008 I-140 / I-485 got denied
I still have valid H1.
I-94 Expiration: 4/10/2009
Estimated Final I-94 Expiration: 11/25/2011
My questions are �
Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?
How do I convince my attorney that we should go ahead and file the MTR.
Please help!!!
Thanks
Longer is better in this case.
I finished my AMIE in three years and I am in trouble.
If you took four or more, then you are lucky.
May be you can request a letter from IE, Calcutta mentioning the timeframe you took to finish AMIE.
That helps to support AMIE is a four years degree.
Regarding MTR, may be you can tell your attorney that similar AMIE applicants got I-140 approvals and your bad luch that it got stuck.
If your ed eval says you have bachelors, then you can tell your attorney that you have the qualification and you want try one more time.
My personal recommendation is go for another new labor with EB3 and draft it accoring to your qualifications.
Once the I-140 is rejected, then it is a bad remark.
All next I-140's will be linked and tracked. So it is difficult to convince USCIS that you have bachelors. Even though you go for MTR, you can buy time and it is hard to get positive results from USCIS. This is all my guess.
It is always better to go for EB3 new labor as you have some time.
Thanks and all the best.
Here are the details of my case:
Hi All �
Please I need some help urgently!!! Here is what I am going through �� My I-140 got denied on Aug 28, 2008.
My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).
In my labor it�s clearly stated that the bachelor equivalent is needed.
Labor Priority date: 5/10/2007
8/7/2007 I-140 petition filed for EB2.
8/7/2007 Adjustment of Status applications filed.
8/7/2007 EAD application filed.
8/7/2007 Advance Parole application filed.
9/25/2007 USCIS Receipt Notice received.
10/23/2007 EAD approved and valid till Oct 2008.
6/20/2008 EAD renewal application filed.
Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.
In the mean while, my wife got a job. I asked my lawyer if it�s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.
7/1/2008 RFE Submitted
08/28/2008 I-140 / I-485 got denied
I still have valid H1.
I-94 Expiration: 4/10/2009
Estimated Final I-94 Expiration: 11/25/2011
My questions are �
Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?
How do I convince my attorney that we should go ahead and file the MTR.
Please help!!!
Thanks
more...
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techbuyer77
09-17 02:17 PM
News Clips won't help much. Better to get some documents from your Company that shows it really is on the downside like financial statements. However, make sure you also have a proof that when they applied for I-140 and you applied for GC, the company is still in good financial status; that is was only later that the company suffered losses.
92 days lapsed after submitting your GC application and you were approved. Do you have anough evidence to say that in June, the Company is doing alright but not now, September? that in June, your position is still available but not anymore in September? that the company did not hire any replacement for you?
Well what can I get from them? The letter the company send on June did not say I was working for them in that moment. The letter said that they will have a job for me when GC was approved, but they heavely depend on those mortage loans and they have not sold houses in some time.
They did not have job for me when approved.
The promise can not be fulfilled because of bad bussiness.
92 days lapsed after submitting your GC application and you were approved. Do you have anough evidence to say that in June, the Company is doing alright but not now, September? that in June, your position is still available but not anymore in September? that the company did not hire any replacement for you?
Well what can I get from them? The letter the company send on June did not say I was working for them in that moment. The letter said that they will have a job for me when GC was approved, but they heavely depend on those mortage loans and they have not sold houses in some time.
They did not have job for me when approved.
The promise can not be fulfilled because of bad bussiness.
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clif
05-13 12:07 AM
How many photos should be sent along with the supporting documents? I have concurrently e-filed I765 and I131 renewals.
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seshuvaidehi
09-21 03:23 PM
Seshu,
Which center did you file, is it NSC? If so, on what date.
I applied on 23 July at NSC and havent received anything so far.
Thanks,
-rk.
My employer sent the package to Nebraska and I think it reached them on the 23rd....
Which center did you file, is it NSC? If so, on what date.
I applied on 23 July at NSC and havent received anything so far.
Thanks,
-rk.
My employer sent the package to Nebraska and I think it reached them on the 23rd....
gccovet
06-13 01:24 PM
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
Karthik,
(I am not expert) but I believe , you have to refile (New application) under EB2 catagory and port the EB3 date to EB2.
GCCovet
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
Karthik,
(I am not expert) but I believe , you have to refile (New application) under EB2 catagory and port the EB3 date to EB2.
GCCovet
learning01
05-24 12:22 PM
Sent Web Fax # 15