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  • gccovet
    11-05 09:57 AM
    wheather you use AC21 or not, please support fight against AC21 cases getting denied.

    Please send letters. For reference,
    check out http://immigrationvoice.org/forum/showthread.php?t=22182

    "RED or GREEN" dots don't bother me, so save yourself some and instead divert the energy towards sending letters.

    Thank you for your support.

    GCCovet





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  • SEP03NY
    09-18 06:45 PM
    They have extended my and my wife for 8 years more upto 2014.

    Thanxs





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  • miapplicant
    10-14 04:27 PM
    Its good that we've progressed a bit. Hope there is no more retrogression and USCIS actually processes applications of people per the bulletin...





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  • helmet
    11-10 02:20 PM
    Once you used EAD your status is AOS. You can't go back to H4/H1 unless some bad thing happened like 485 is denied.
    once started usign EAD you can't go and come on H4/H1 status...
    you have to use AP for travelling. If you have a doubt talk to the atternoy that filed your 485.



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  • mrajatish
    02-27 05:59 PM
    http://ia.rediff.com/money/2006/feb/27bpo.htm?q=bp&file=.htm





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  • bikram_das_in
    06-25 02:00 PM
    Subject : Legal workers' immigration issues in CIR

    Dear Sir/Madam

    In CIR, please address legal workers' immigration problems.
    Legal workers are waiting for GC for years (decade or more in lot of cases) because of unavailability of visa numbers. These law abiding people and their families suffer financial, social and many other hardships due to broken immigration system.

    Thanks you.

    Sincerely,
    XXXXXXX



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  • av2004
    05-30 11:30 PM
    HateIV,

    If you think donations are a requirement to be the members, I have not paid IV a dime so far. Donating is not the only way to help IV. For example there is a call campaign, where you can call and leave a message as a fellow future immigrant. You can help IV that way. Please note that we are all here to have our collective voice heard by the USCIS and the government so that the immigration processes can be expedited. A whole lot of others come here to pose questions for their tricky or troubled situations and get help from the experienced. It seems that all you need to have is a civil tongue to not be banned. Is that tough to do? Even on a public Web site like this? What other choice do you leave to the administrators if that is the case?

    So, please be a good samaritan and try to help others if you can OR get help from others. Otherwise, I don't see a point in being a member here.

    av2004





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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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  • roseball
    02-28 02:50 PM
    I am in the same situation with H1/H4 extension receipt dates of Dec 21,2006. My current H1 and wife's H4 are expiring in June 2007. I dont think the H4 will be approved before Apr 2007. My company wont sponsor for premium processing neither its allowing me to pay for it. Can we just file for H4 to H1 under regular processing and submit the H4 extension approval once we get it approved. I am sure it will take them atleast 5-6 months to process regular H1 filings. Can more documentation be submitted to USCIS based on the receipt notice without them asking for it. I am just worried incase her H1 is approved without an attached I-94. It's a nightmare to go for stamping back home. Any suggestions/views?





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  • ss_col
    04-04 12:30 PM
    Hi everybody,

    I fail to understand how L1's are getting Green cards in 6-8 months. I have done my masters here and am waiting forever for my GC and here I met someone who has come here as a BPO devlpt manager for an Indian company and in 1 year after coming to the US gets his GC after 6 months of application. He is just a BCOM from India. On top of it he told me many of his friends in the same company and other Indian companies have got GC's in less than 6 months. I dont get it. On top of it his wife can work here on L2. How can they file under EB1 - isnt that meant for doctors and Phds? He is not even intelligent which is the saddest part. Here we are with education and exp and contributed much more to the govt here than they have and we wait for bulletins every month hoping it would move at least 15 days, getting our h1's extended everytime and dreading to go to India because of visa stamping each year. This is such a sad situation. Should not the DOL do something about this.

    Regards



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  • vaishnavilakshmi
    07-20 12:37 PM
    Hi gurus

    I look for a help in terms of clarification for birth cert,,

    1. Born in 70 but my birth was registered in 2005 when I wanted a birth certificate, BC issued in aug 2005 and says registered in 2005. Is it ok I use them or I need an affidavit also from my parents?

    2. There is one letter written wrongly in my name.. can i send or get a new one??

    I would greatly appreciate your advise on this

    Thanks in advance for your help

    Gclong

    Hi friend,

    1st question). As per immigration rules,if ur birth is registered on or after 1year of ur birth till date,u got to submit two additional sworn affidavits along with the birth certificate as proof.

    So in ur case since ur birth was registered in 2005 and got a new birth certificate in 2005 u need to submit the following :

    Birth certificate(which u have now with u..issued in august 2005)

    +

    Two sworn affidavits from any two blood relatives(mom,dad,siblings,aunt,uncle) older and get notarised
    by any attorney/magitrate.The following is the format.


    ************************************************** ********

    AFFIDAVIT REGARDING BIRTH

    I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:

    I declare that _________________ is my (son/daughter/brother/sister/niece/
    nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.

    ______________________________

    Signature of Deponent

    AFFIDAVITS MUST BE PROVIDED BY TWO (2) BLOOD RELATIVES, (MOTHER, FATHER, AUNT, UNCLE), AND THIS DOCUMENT MUST BE WITNESSED AND STAMPED BY AN ADVOCATE/NOTARY FOR THE GOVERNMENT OF YOUR COUNTRY.

    ************************************************** ********
    Note :
    whatever be the case,combined affidavit will not work.Please ask any two of ur blood relations to give them individually.in my case My dad gave me one affidavit and my aunt gave me one affidavit,coz my mom was in usa that time with me.please check with ur lawyer.this format was 2months old format.i got it done in May 2007.


    2 question).Name spelling mispelt in birth certificate needs a combined affidavit from parents and notarised.

    Please check with ur lawyer too,
    Goodluck,
    Vaishu





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  • manderson
    12-03 03:44 PM
    better ask a lawyer if its okay to take 2nd job on EAD but file for AC21 after Feb 08.

    good luck

    Gurus,

    Here is my situation:
    I-140 approved - PD: May '06
    I-485 filed - July 30 '07 (India)
    EAD cards - Received
    APs - Received

    Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.

    I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!



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  • WeldonSprings
    07-30 02:18 PM
    Thats within the June 01, 2006 cutoff for EB2 India.

    Interesting Mar 06 EB2 , India?
    Thanks,
    Amar





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  • dilber
    07-16 03:40 AM
    meridiani.planum, thanks for giving me red.

    Don't worry about the red I just gave you green to counter the effect if it has any :)



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  • desi3933
    06-25 02:38 PM
    MrWaitingGC,

    My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
    Your status is governed by the I-94 date and not by the visa expiration date.

    I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.

    But since i have sent my passport for renewal, i am not sure if I can make the trip bfr my I-94 expires.

    And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months early) before the expiration date on my current H1B.
    You can file for H1 extension 6 months BEFORE STATUS EXPIRY date (16 Sep 2007), so you are ok and while extension is pending you can continue to work for the H1 employer upto 240 days. You should get new I-94 with the H1 extension approval notice. You don't need new H1 visa stamp until you travel out of USA.

    At this point i am helpless with out my passport. I hope i get it soon.

    So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
    Like stated earlier, as long as your employer files for H1 extension before Sep 16th 2007, you are ok.


    See above in Blue.


    Not a legal advice
    -----------------------
    desi3933 at gmail.com





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  • garybanz
    10-04 10:11 AM
    My AP and EAD both came to me directly.

    I guess it depends on what we fill in our forms



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  • little_willy
    04-14 09:59 AM
    Good Luck and hope things get sorted out soon.





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  • wonderlust
    09-20 03:57 PM
    I totoally agree. We need to educate people who are not familiar with the legal immigration system.

    For the organized efforts of IV Brand Ambassador--one of my American friend, who is a retiree suggested that I go to present at the retirement center. The retirement center he has in mind houses mostly well-off retired professionals and active AARP members. My friend said these people have strong influence because their established financial and social status--even political status.

    Would IV be facilitating/ organizing on-going efforts across states to really deliver our message to American citizens?

    Thank you.
    Wonderlust

    I also met several American citizens who were passing by and were curious about the rally. Me and JazzbytheBay explained and they listened patiently. One hour later I saw them marching with us holding flowers that some of our volunteers were distributing to passer bys. One gentleman was a school teacher.

    Additionally, one of our best friends can be American citizen who understand the issue from economic, personal and other perspectives. If they become part of our voice we will become more effective.

    Each one of us has to become "IV brand ambassador" and present our issue in right perspective to counter so much misinformation floated by some vested interests. Yes, you can do it. We can facilitate.





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  • saimrathi
    07-10 09:00 PM
    Fingers crossed :D





    varshadas
    05-06 04:21 PM
    Hi,
    I have the same problem in Rutgers, New Jersey. I spoke to someone at the governor's office. Apparently, this residency definition is a federal law. States like CA had to pass legislation in the state to override the federal law. So if one want this to change, then there is to be an amendment. The schools are following the law.

    Thanks
    Varsha





    yabadaba
    10-19 06:57 AM
    USCIS officially released the information that total I-485 applications which were related to July VB fiasco before August 16, 2007 were 320,000. During the period, the USCIS received 400,000 anxillary applications (EAD and AP), and substantial number of concurrent I-140 petitions. All of these figures added upto 800,000. For the USCIS verification of this information, please Q&A between the USCIS and AILA as part of the Community Relations meeting on September 25, 2007. This has been made available today.

    http://www.immigration-law.com/Canada.html

    :):):):):):):D:D:D

    let the predictions begin!!!!!