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  • gotgc?
    12-19 05:00 PM
    You can file as many I-140's in any category (EB2/EB3/NIW) as long as you have a certified labor for a bona fide position with a matching education and company has ability to pay for those positions. These I-140's can come from one company or different ones it doesn't matter.

    In your current situation:
    1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.

    2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.

    3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
    http://www.ilw.com/seminars/august2002_citation2c.pdf

    Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.

    BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.

    Are there anything we can do to get the status on the security check? How long usually does it take?





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  • lecter
    February 4th, 2004, 08:41 PM
    I want competition!!!!
    It's what gives us more for less quicker.





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  • a_yaja
    09-10 11:24 PM
    I don't know much about Canada PR, but the 2nd option sounds good to me. Make sure your new employer is willing to give you a Joining Letter with the similar job responsibilities, job title, etc upon which your 485 is based.

    Good Luck.

    Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.

    The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.

    There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.

    I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
    - programmer's guild complaining about us stealing their jobs or
    - people losing their home and blaming the banks "for not disclosing terms"
    - anyone who is blaming anyone else for their troubles
    If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.





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  • Pagal
    03-23 05:43 PM
    Hello Chi,

    I don't think there is any restriction on other income till it is not from a breach of your visa status. You can earn income from a business as a passive partner, but not as an active owner while on H-1B or H-4.



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  • panky72
    10-01 01:39 PM
    Please don't travel thru countries that impose this ridiculous transit Visa requirement on individuals, especially from India. Ask them to justify the charges, and you would get no response from them.
    So, even if takes to spend $200 - 300 more, AVOID these crook countries that charge Transit Visa. People we must send the message across. In this century, I think its Indians that are traveling the most on these trans-atlantic-asia route, and collectively avoiding these 'snob' countries would send a very good signal.

    If you are buying the transit visa, your dignity is at stake. Its like saying buying insurance for a person who is poor. They dont charge for countries that are more developed. so, AVOID AVOID these countries.

    I am traveling to India soon, and I am going thru Brussels not because I got a cheap ticket, but because there is no transit visa required there.

    I had to apply for UK transit visa last time I went to India (air india). This time I am taking non-stop Chicago to Delhi. I agree about avoiding countries that require transit visa.





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  • dupedinjuly
    07-13 03:00 PM
    2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

    Thats in most of visa bulletins. It would require a change in law. Removing country quota is definitely not the news announcement. However, it is a very good change in the law that is required.

    This is something that's doable without legislation. It would be done for employment based visas.

    I've been reading the posts all day since yesterday. The most plausible "PERMANENT SOLUTION" has to be this. Please read the msg from IV

    1. No change in July bulletin
    2. No change in August bulletin
    3. Well in that case it has to be this. It would be least controversial.



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  • sgorla
    05-24 06:39 PM
    I wish good luck to him. There is nothing for us in this bill, and I will be very happy if he succeeds in killing this bill.
    Go Savage......


    Michael Savage is actively fighting against this bill. He is the one who initiated the collapse of the Dubai ports deal. He is confident about this I-Bomb too..





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  • gc_aspirant_prasad
    09-19 09:06 AM
    It was truly awesome. Got to talk to two congressmen - helped clarify differences between Legal v/s Illegal immigrants, H1 cap issues v/s GC issues, got almost half an hour at each office. Thanks IV for this opportunity, has helped me grow as a person.



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  • dagabaaj
    12-10 09:54 AM
    As somebody said earlier, it's not right a forcing statement that donate. When I read the first reply of my email was not something which I asked advice but a dontation I was somewhat flustered. IT reached the limites when somebody mentioned cancel your trip of Bahamas and donate.

    I would just say please mind your own business in these things if you don't want to give advice, dont act like some jerk and tell me what to do and what not to do..

    By the way I have already donated money in past before DC rally and will donate again.

    Please don't spoil the spirit of forum and act maturely!!! Also people have repped in wierdes ways as well on this post.

    Bunch of losers. I am done with this forum.

    Please do not question the dedication of the people involved. I think you being upset is okay.

    answers to your questions.......
    On Cruises generally they do not ask about visas but it always is better to get one. We went on one 2 years back and had visas for all the countries that we went to. None was checked.....but if you do not have the H1 stamped then you will have to use AP to re-enter. There is always an immigration officer when you come back to US. They check all paper work and ask questions. We were asked. We had stamped H1/H4 visas.

    To be safe always check with some/your lawyer. I did and they were very helpful in this regard (and not in others though).

    Please do not abandon the forum as it has been created to help all. While you are here consider donating a small token to show support. This is request and not a demand.





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  • ambals03
    04-11 11:07 AM
    How much money is being raised and how it is being used ?



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  • breddy2000
    05-24 12:46 PM
    Done!!! Great JOB GUYS....





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  • bugsbunny
    05-05 01:21 PM
    Does this forum software have a buddy list / block list feature?

    I have seen this on other forums and the block list might be a nice feature to help block irrelevant people / messages. :o

    This may even stop some of the fights :eek:

    Yes you can add friends using the 'Contacts & Friends' link under 'Networking'
    and there is an ignore list under 'Settings and Options' in your Control Panel



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  • gsc999
    05-27 04:17 PM
    House is currently controlled by the Republicans. If they do not pass the bill it would give the perception that the Bush admin. is ineffective. Bush's public rating have nose dived because of Iraq and now but if the bill doesn't pass it will show that he has no support in his own party. His core base is conservative Rep.

    Also, it would be better for Republicans to pass the bill with some changes while they still control the house, once Dems gain House majority it may be too late for them to steer the passage of this bill with their amendments. This is a major issue, which I think will push them to pass this bill.

    Bush will have to lean hard on some of the House Republicans to make this happen. He has publically commented on his intention of signing the bill by the end of the year.

    These issues make me believe that House has to pass a bill. But again, politics is not logical.





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  • indianindian2006
    07-09 01:22 PM
    After listening to both the shows, this week as well as last week, I am wondering if it was worth the effort for IV to participate in Debo Kotun's show. Here is my personal comments about the participants and the shows.

    Debo Kutan: He did a pathetic job in moderating the shows. He not only spent about 25 minutes talking about his future shows(prior to beginning of today's show), but also repeating the same information from last week and pretty much asking the same questions. He was more interested in talking about his immigration decades ago and how he got his GC in one day, blah blah blah...Also, he mentioned that he was going to get Sen Kennedy & Sen Brownback to participate in today's show..but that was probably some publicity talk to draw more listener's to his show.He repeatedly questioned us to go back to our countries and solve our own problems and as well as theirs rather than trying to understand the root cause of the current situation. He turned out to be very ignorant of the immigration woes and did not seem like he had done any research prior to conducting his shows.

    Swadha: She did a good job of explaining her situation and the difficulties she was facing due to the retrogression despite her excellent credentials and qualifications. Thanks to Swadha for her efforts in explaining her current situation due to retrogression.

    Carl Shusterman: As popular,qualified and expert he is in the field of immigration, he just turned out to be very ignorant of the ground reality. I was as surprised as Swadha, when he mentioned that people with advanced degrees can get their GC's in a year. Despite having 2 advanced degree's I am still waiting for more than 3 years to be able to apply for I-485. The people most affected by this retrogression are citizens of India and China, not someone from Monaco or Namibia. He was more interested in promoting his Immigration firm and his website. Wish he had been more vocal in explaining the broken immigration system, rather than gaining some publicity for his firm.

    Stuart Anderson: He did an excellent job explaining his research studies and how the current immigration laws are affecting the economy and its long term impact, if the immigration system is not rectified soon. Thanks to Stuart for his expert comments and explaining our situation in a wonderful manner.

    Rajeev Khanna: He did a good job in the last weeks show, explaining our situation and the broken immigration system. Unfortunately, due to Mr. Kutan's terrible job of moderating, he did not provide much opportunity for Rajeev to speak this week. Thanks to Rajeev for fighting for our cause.

    Aman Kapoor: He did a commendable job last week, explaining about IV and its efforts. But due to lack of Mr. Kutans moderating skills, he did not get much time to talk today. Thanks to Aman for organizing and providing an opportunity for IV to discuss about the legal angle of immigration reforms and the difficulties faced by people like us.

    Jay Pradhan: Due to technical difficulties, Mr. Kutan could not include him in last week's program, but he did provide him an opportunity this week and explain his case. Jay did an excellent work explaining his situation, current backlogs and also answering some of Mr. Kutan's questions in a very logical manner, like the way only he can do. I wish Mr. Kutan had given more opportunity for Jay to talk and explain the broken immigration system. Excellent job Jay. Hope you get more opportunities like these to discuss about our situation and shed more light to the general public.

    Overall, it was some decent publicity for the problems faced by legal immigrant community, though I wonder if it was worth the efforts due to the pathetic job of Mr. Debo Kutan. Hope we can get to participate on more knowledgable/popular talk shows and showcase our problems.


    Carl Shusterman was misleading when he said that Indian with Masters could get a green card in 1 year and then he corrected that to 2 years.He should see the plight of so many people here.



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  • gcseeker2002
    02-11 12:09 PM
    EAD is like plate meals. GC is like full meals.:D
    Full meals is not recommended by any doctor, plate meal is the best way to be healthy :)
    So in other words GC will make you lazy and EAD keeps you working hard.





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  • tv25
    09-15 11:29 PM
    Experts can you please reply, what should be my next steps?



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  • qplearn
    10-10 10:18 AM
    does that mean no beer!! :-))

    Yes, all the beer you want my friend, but just wait until I get another job. :)

    I really need to thank you from the bottom of my heart, bcuz this was just the right moment for me to get this piece of information (I was under the impression that although you can keep your PD, you have to do labor, I-140 again.) For some reason, I had kept hearing a lot of mixed messages about AC21.

    I just confirmed all this with my lawyer as well.

    qplearn





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  • WeShallOvercome
    07-12 04:59 PM
    Dude, did you just compare that guy to USCIS? thats a derogatory remark and I urge the SysAdmin to take notice of such foul language... :)


    That's right! No one can beat USCIS..
    I've just revised my initial post.

    "The original post should be read in conjunction with this one " :D





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  • hpandey
    10-19 10:48 AM
    Any number lesser than 800,000 is good for us.. doesnt mean all is well.. we have to continue in our efforts with IV and we could have a better breakthrough..

    Anything less than 800,000 is good... even a few hundred thousand less :) There's still a lot of work and patience required but a good news is a good news nevertheless.





    gveerab
    09-18 02:13 AM
    Thank you very much for your suggestion GCNirvana007, I will contact my congressman and ask them to inquire.

    Ask them the detail of so called additional review through your congressman and you cant miss this window and the crap they are doing. Contact your local rep asap.





    Lou_Sifffer
    04-17 11:12 PM
    First, Don't call me Dude. If I'm not allowed to call you Sparky, you can call me Lou, or Mr Sifffer.

    Just because this is a design forum do not assume everything here is related to design.

    Assuming is wrong. You assume way too much.



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