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  • pkv
    04-13 05:37 PM
    So did you answer the RFE ? ....

    Off course I did.. It was simple RFE for TB test. I just got it done and replied. Didn't take Attorney's help on this.





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  • AB1275
    12-12 11:29 AM
    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!





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  • gcgonewild
    02-14 12:25 PM
    Since you have GC, don't bother about joining the client right now.

    Take a break or vacation. Join some other vendor for sometime.

    Change your home address. Don't ever take up any mail package.

    NJ is not like California. You are indeed answerable, not because the non-compete is valid, but since you have signed some thing that says non-compete.
    Rarely these BSs stand all the way to trial, yet they want to intimidate you, take your money and happiness.

    These suckers need to be shown where they belong.

    Make sure you have documents of everything. Paystubs from the day one you joined. New LCAs for all your work location and you've been paid all prevailing wages etc.

    It is advisible you contact a lawyer asap. Do not waste any time.

    PM me.





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  • GC2B
    03-30 10:52 PM
    Congratulations....
    A couple of questions, which could everybody in analysis
    - Did you use EAD ?
    - Did you use AC21 ?

    Thanks



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  • ronhira
    10-26 02:34 PM
    Irrespective of political parties or the issues, I am proud of this Indian guy standing up against "fair and balanced fox news"

    he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........

    Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)

    & y do u think this guy or someone like him will stand up for us when v r not willing to stand up for our issues?





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  • Student with no hopes
    12-10 09:49 AM
    DREAM act is a political issue if passed will get Democrats millions and millions of hispanic votes and possibly help them in 2012 election. Republicans will also want those votes. So there is a possibility that DREAM will pass some day. It is unfortunate illegal aliens get path to citizenship and legal immigrants like us have to wait on an untimed line with a hope to get green card. It is all politics my friends. Bottom line is they are illegal when they came here. If they are students they should get F1 visas if they are working should get work permits. Giving them citizenship is ridiculous. No one supports our cause, not even the Hispanic community. Dude we should oppose illegal immigration that has kept legal immigration at hostage. Jai Hind!1

    Few problems with your post
    #1 It is politics to help the the hispanic community. At the same time, it is also common sense - since they are the ones, putting their neck out to get the reform. We sit at work and complain - and take no positive action to get the relief.
    #2 These people have to stand in line for GC and then citizenship - it is not direct citizenship - it is a path to legal residency.
    #3 If you are illegal, can't get any kind of visa - F1 or H1 or even a drivers license - which is why this legislation is justified or accepted by most americans.



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  • rayoflight
    12-21 01:18 PM
    Hi All, I know that visa numbers are allocated per country basis (7% or so) but I would like to know how are the visa numbers allocated to EB1 / EB2 & EB3 Categories within a country.

    For Ex: If Country A has 1000 Visa Numbers for a fiscal year how does USCIS divide them between EB1 / EB2 / EB3

    Thanks in advance for your replies...





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  • tejonidhi
    11-27 01:24 PM
    Rajen,
    Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
    Consulting company lawyer says they filed it prior to July 15.
    Thank you



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  • VMH_GC
    12-20 12:11 PM
    I got my h1b visa stamping done recently. My labor and I-140 EB2 approved, did not take any labor approval and I-140 papers.





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  • mach1343
    05-13 11:36 PM
    I am in the similar situation. Attended for visa interview at Toronto US Consulate on May 6. VO just kept I129 (All the annexures), Client/vendor letters. Informed you will get replay within 1-2wks. Its already been a week, I didnt get any response back. Consulate called client on the same day. No updates after that.

    Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.

    Are you working for a consulting company or a direct to your employer?



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  • indyanguy
    11-14 09:07 AM
    Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?

    The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?

    Thanks!





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  • glus
    04-29 10:54 AM
    Hello,

    I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.

    NO, it will NOT affect you I-485.



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  • cool_guy_onnet1
    12-20 03:48 PM
    how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#

    please help

    All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
    My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
    Then you can go online and ensure that it's valid and the dates match.
    Good Luck,





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  • fide_champ
    04-20 09:38 PM
    PIMS should be your last concern. There are other problems like 221(G) issues that you need to be concerned.



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  • validIV
    03-18 11:13 AM
    C-Corp is the best way to go. You can register your corporation name and EIN number online with both the Business bureau in your state and the IRS. It takes an hour at most. For me in NYC, I used OPAL: http://www.nys-permits.org/

    From my experience, it is better to take commission (to pay yourself) than salary. Basically making your salary project-based like a consultant. That way you can always offset any big expenses with your commission (salary) whenever you incur them. But your method of accounting is up to you.

    Get quickbooks or accountedge to maintain a ledger. Excel is pathetic at this.

    For C-Corp you file an 1120 annually and a franchise tax (varies by state). NYC has a franchise tax (its called NY Corp Tax) which requires you to pay even if you have no profits for the year. If you are selling tangible objects like software online or merchandise, please note you need a Sales Certificate with your state to collect sales tax. This must be filed quarterly. Sales tax is now being enforced nationwide (Please lookup Amazon / Overstock.com's recent loss to a federal ruling regarding not charging salestax).

    Apart from that, keep receipts, make a business account with your bank of preference and try as much as possible to offset all gains with expenses.





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  • webm
    01-23 10:19 AM
    Sounds great..esp TSC dates.



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  • nk2006
    10-16 03:56 PM
    Hi
    Therefore how much would be the time
    from after the application will I be able to change my status from H1B
    to permanent resident and recieve my greencard? Does the premium
    processing shorten the time?

    Kambi
    Kambi,
    First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.

    I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.

    IV core/pappu,
    You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.





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  • h_shaik
    11-14 04:12 PM
    Your employer gave you a red mark.

    somebody gave red mark...what happened???





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  • snathan
    03-31 01:42 PM
    You were one of them, if I remember right..
    However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.

    When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D

    Care to explain...? I never used this in any argument.





    reachinus
    12-24 12:44 PM
    If you don't get the regular W2, then you fill in all the details that you know are correct and submit it along with your tax filings saying that you asked your employer to issue you the W2/Correct W2 with all the Pay info, but since he didn't give you the correct W2 your are using a non standard W2. IF u google it I am sure u will find it.

    Its better to have pay stubs for all the time that you are on H1 to avoid future problems.





    ramus
    08-15 12:41 PM
    Thanks for your contribution and willing to take part in DC rally.


    Sure...Just contributed $100, will do more in coming months.



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