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  • desi3933
    03-22 11:02 AM
    AC21 doesn't contradict any law. AC21 memo is a real memo. It provides guidance for areas that are not clearly defined. So no point in comparing AC21 memo against the latest illegal memo by USCIS.

    >> AC21 memo is a real memo.
    Wow, what an ignorance. May I ask, what do you mean by "real memo".

    Read previous post and get enlightened. I can't believe that you guys even don't have distinctions about law, CFR, and memos.

    AC-21 is law.

    Hope it helps.


    ________________
    Not a legal advice.





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  • snddlth
    10-28 09:48 PM
    @ caliguy

    Could you please send me the letter that you sent to Sec. Napolitano? Also, what is the email address of ombudsman?





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  • prashantc
    01-22 11:49 AM
    Dear All, Which number do you call to talk to Chennai consulate officials? The number given on the website seems to only have information, and no operators.





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  • grinch
    06-03 07:30 AM
    It might be 'sweet' but I explained in my post above yours. I didnt ask for modifications, I asked for 'skins'.
    Meh it's still a skin :evil2:



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  • lfwf
    11-03 11:11 AM
    I have tried to put my career goals ahead of the dollar conversion rate (not always easy). Because i took up new roles and salary , i have had to restart the GC process a couple of times. As a result i am still without GC despite being here for more than 10 years and having two masters degrees from US. I am sure this is a common story here.

    I am heading towards a another change and now have very little patience for restarting the process. I am glad many people on this forum have volunteered to help pack. I will be getting in touch with you in a few months.

    That there are frustrated people with opportunities outside the US, and they will leave. This is a great example. However this is still a silly poll. It does not ask questions that will bring that out. It talks about leaving to prove something to someone. People did not come here to prove things to the US and will not leave for that reason.

    On another note I heard this was an activist organization. A peek at the threads shows a lot of whining and complaining about being asked to be active. maybe I heard wrong.





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  • chicago60607
    09-17 12:20 PM
    SO many amendments to HR6020, King is as usual the lead of amendments



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  • gk_2000
    04-20 04:56 PM
    In any case, why should someone be SO disturbed if some lawyer says "I will try to prove your degree equivalency for trying to get into EB2"?

    Going by folks' behavior here, I am inclined to think, some simply hate such a lawyer for nothing more than personal interests





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  • villamonte6100
    11-02 03:21 PM
    What are you smoking dude? You 100 people go back, 1000s more are in line to replace them. Get real..!!

    You're rigth.



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  • shishya
    06-13 06:55 PM
    you can add your spouses before an I-485 is approved. Once its approved, then you are in trouble. These dates are current only temporarily, and retrogression ("severe" as per the bulletin) is expected again soon. So go ahead and file your I-485 right now if your PD is 'late' (2006 or so) you will probably be on EAD/AP for a while.

    if your PD is 2003/2004/2005, then as soon as 485 filing is done, start looking for your life partner :)

    Jesus! That looks sooo risky. Yes indeed my PD is May 06. Now the question is what if (I know a big IF), but what if, I apply for my 485 (hoping that my 485 will be on EAD/AP for a long time) BUT my 485 gets approved rather quickly and I am not able to marry before that happens -- do I have *any* way to tackle that issue? Or would it then mean that my wife cannot come in US for n number of years after marriage?!

    Jesus Christ! Does anything happen without a twist?! :)





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  • chicago60607
    09-17 11:30 AM
    Impeachement voting is done



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  • Lasantha
    03-13 03:41 PM
    No, EB3 ROW can use all the available EB3 ROW numbers. But the unused EB2 (ROW/Mex/Phil) have been distributed to the oversubscribed countries.

    That's how I interpret that.

    The popular belief was that the unused EB2 ROW would first go EB3 ROW but according to this they actually go to the oversubscribed countries in the same category (EB2)

    does this mean that EB3 ROW can't use all available visa for 3rd qtr that is why there were visas available for India EB2 (hence the established cutoff date of Dec 2003). but this should only happen if EB3 ROW is current but it is not.

    this does not make sense. anybody????



    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.





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  • Dhundhun
    11-07 03:34 PM
    I dumped H1B, and even renewing EAD myself. Keep on giving I9 form.

    This helps me to keep interaction at the minimum with Desi Employer.



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  • rajesh4
    01-09 11:58 PM
    I really dont know how this "reputation" system works. But some poor frustrated person out there (I have a guess who that is :) ) just left me this comment on my post
    "i am taking you the wrong way...you deserve it!" :)
    With this attitude, we will all be stuck in the crab-pot for ever. Lets be positive and try to accomplish something rather than just be grumpy negative people like ahem...cough!! cough!! - someone on this thread. Lets debate things openly and see how that goes. Cowards rarely win anything more than a battle or two - never the whole war.


    I started visiting this forum only recently. From what I have seen briefly, I can say that the actual contributions in terms of effort seem to be coming from members like Pappu. And I really appreciate that. I see people here and there saying that IV isn't doing anything useful etc.
    My point to such people would be - no one is stopping you from organizing a rally or doing a hunger strike or whatever it is you have in mind. Lead, and we shall follow. These efforts that are being led by IV core leadership doesnt detract from whatever you want to do.
    Dont take this the wrong way. From what I have seen in my very brief history of following these forums, this is one of the few immigration forums out there that is not driven by ulterior motives - lawyers' interests etc. Please, please, as a favor, do not drag this effort down. I understand many of us are frustrated, but let not the frustration drag us down deeper into the hole. For people who don't agree with the policies here, put forth some constructive suggestions and see how that works. If it doesn't work, well you have realized how tough it is to get a group of people follow your conviction :) And then you might develop an appreciation for the work being done here.
    And if your approach works, hey..excellent for all of us. But please don't put forth only negative criticism.
    All the best to all of us.
    Thanks.





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  • Macaca
    11-19 02:07 PM
    The ONLY reason for CIR derailment was public opposition generated MAINLY by Lou LIAR DoGGs & Associates. Thus, there is no reason to believe that countering their effort should have lower priority then ANY other activity.

    Programmers Guild, numbers USA, ALIPAC, zazona, are the 1st to blog at EVERY immigration site. Numbers USA is already there at Bill Clinton and Obama Agree: GOP Will Make Immigration an Issue (http://blog.washingtonpost.com/the-trail/2007/11/09/post_191.html) & Programmers Guild is at Senators Want International Students to Stay Longer (http://news.ncmonline.com/news/view_article.html?article_id=918edda3d6c4761cec157 6421181ab8a). They are not doing it for NOTHING.

    It is not possible to win every battle with them. At the same time it is not good to ignore every battle.

    The problem is that this takes time. Also, the arguments have become deeper and require good understanding of issues based on reading. It is Immigration 401 now. Most IV agruments have moved to middle school and will soon move to pre-school.

    Also, benefits of confrontation are hard to quantify and will not be IMMEDIATE. It will always be work in progress.

    I had ignored the H1B argument since it did not affect me. I have started paying attention to it recently, which takes time. Excepting for 3+ provable arguments against Indian Consulting companies, all anti-H1B arguments are G A R B A G E. You can see the contradictions in an article if you read it carefully; some paras are contradicting. You can contradict the others by quoting other articles.

    However, Programmers Guild keeps on spreading LIES at every opportunity. They are not doing it because it is useless!

    In short, please learn how to learn.



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  • ndialani
    10-30 12:14 PM
    Caliguy,

    I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?

    Leoindiano,
    For Sending #7001 form.....Just google "cis ombudsman form dhs-7001"
    type and print pdf. file and mail it to them. Follow it up via email .





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  • yabadaba
    07-18 09:33 AM
    mine

    Date Delivered To USCIS: July 2
    Time Delivered To USCIS: 7.55 AM
    Service Center: NSC
    Rejected: Dont Know



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  • wawa
    10-12 12:21 PM
    Friends,
    I too have received an update from CRIS about reopening my old H1B from my previous employer which is a large multi-national organization. I have changed the company since then and I have already received my EAD with the new company. I am a bit worried about the outcome of this review. If in the event of revoking the H1b of my previous employer, will my current H1B will also be revoked or am I safe irrespective of the outcome. Would really appreciate if someone can provide any feedback.

    Thanks

    Hi,

    I have my old H1B reopened on Sept. 28. The USCIS said they mailed me a notice, but so far I haven't received any mailed notice. Have you received this document?

    Thanks





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  • akred
    10-11 11:03 PM
    Nice link. When I looked at list of banks I realised that the 10% is about domestic deposits. How am I eligible for this? How can deposit and get the money back over time?

    You open a resident account in a bank and file an Indian tax return for the earnings. If you need money outside India, you can remit $200,000 per person every year (i.e. $400,000 for a couple), which is a large enough limit for most circumstances.

    http://www.rbi.org.in/SCRIPTs/BS_PressReleaseDisplay.aspx?prid=17068





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  • chi_shark
    11-25 11:01 AM
    i have dumped h1 and am on ead... i am on a job for which they were not going to do H1... and am having real good fun, have a inc company on side and am working to set it up so that i can leave my job and work on my own...

    essentially, i am taking a very optimistic view of things... thing is i know that there are cases of illegal people doing great in their lives... disabled people winning medals, then my immigration demon is such a small one!! so should i worry about all this and screw myself up? or should i just do what i gotta do? I chose latter... if bad things have to happen to me, then anything could happen... are the odds of gc rejection more than losing my job (in this economy?). i mean... there could be so many things going wrong!!! plus, i dont think this gc process was made for f***ing people up... it is surely a long process, but that does not mean it is uncertain to the extent that rejection is certain!!! hence my choices...

    have fun! and let me know what you decide...

    I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.

    I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.

    We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)

    I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.

    One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).

    1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?

    2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.

    3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.

    4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)

    5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.

    I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).

    I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.


    Your 2 cents please !!!!





    When485
    08-11 12:16 PM
    EB3 - Aug 2006
    140 - Approved April 07
    I485 - RD July03, 2007
    EAD - renwed until 2010





    satishku_2000
    09-12 01:43 PM
    I got a ref today the reason ability not to pay. They state that in line 21ordinary business income is less than what it should be according to PW and based on that employer was not able to PW in those years like from 2001 to 2006but the gross income was always in between 600000-1000000 each year. but can they relate your old returns with new PW. I mean does it matter based on your last 5 returns ability not to pay but currently I am drawing more than PW and my employer never filed tax`return with loss. pl. advice Does I need good CPA

    40k+ in 2006
    35k+ in 2005
    33k+ in 2004

    EB-3 PD 2001
    Filed I-140 & I-485 on May 5,2007


    The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.

    If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.

    Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.

    Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.

    Just curious if your case is a labor substution case?



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