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Hi Everyone,

Just wanted to give an update of the tri state meeting on 12/24 happened last sunday. Eight to Nine members attended this meeting and folliwing were the discussions points :

Pappu gave us an update and insight in to IV's working and what is going on. This changed lot of members thinking about IV , i.e. members learnt on how much political capital the core and IV has gained in the past 1 year. How without much money and only with grass root operation we have acheived so much . Also Pappu gave us na update on where is everyhting currently. I cannot give those details for obvuious reasons , but the members present at the meeting know what I am talking about. We further discussed that how important it has become that instead of just concentrating in DC , we need to energize ousrselved in each and every state. This is very important as we have time only till Aug 2007 to acheive whatever we can, after which the presidential campaign would take over everyhting.

Members were informed about on how the contribution has been used currently %ge wise. Also at the meeting it was dicussed that the whole face of the IV looks very Indian ad other ethinic communities who too are retrogressed are not involved. Thus it was urged to those members especially from other ethinic communities to please come forward and get more faces in,this would make IV a complete representation of the current retrogression.

Also in the dicussions we told members that we need to be riding on our own identitiy and should not mix our goals with illegals. Anytime we talk about IV we should maintain phrases like "High Skilled Legal Immigrants" "paying taxes" etc etc. This is very importnant for meet the lawmakers program , as this will create our own identiity and political capital.

Meet the lawmakers is a very important program and members are urged to please participate in numbers as much as possible, there may be a chance that people from a particular state may have to show up in hundreds near some senators office who may be very important for our goals. Please do not ask the names , if interested please join state chapeter meeting and if you don't have one, please start one and ask a core to join you.

The JOB of IV is just not CIR, CIR would be the first win and there are more fights after CIR. IV wants to be the face of any legal immigrant issue resolution in this country and wants to make sure that the political capital and efforts we created doesn't go wasted after retrogression is finished.... We want tobe an organization which can be effective in country and help all those who are or who may be facing similar situation in coming years. The job won't finish with CIR, IV may need to work further on things like USCIS inefficiencies... FBI name check and other issues. To accomplish all this we need to be bigger stronger and grsass root level organization.

I urge members from other state to please keep contributing and attend state chapter meeting.... Friends beleive me when you meet in the chapter meeting , the kind of updates you get is 1000 times more than what you see on the online forum.

I would also request other members who attended this meeting to please write there post meeting views.

Last but not the least , I would like to thank every member who participated to make it a sucesses and other members who could not participate due to personal issues, I am sure they will make it next time (Please get up early :) :) )

Hello,

Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!

Not that , i agree with OP(Infact i am against posting such a news on IV)

Ramesh Chilakamarri, Detroit, MI - Psychiatrist (http://www.wellness.com/dir/2233480/psychiatrist/mi/detroit/ramesh-chilakamarri-md)

Proves he is from india (Gandhi Med Coll, Univ Hlth Sci, Vijayawada, Hyderabad, Ap, India )

ok, you guys win. He is indeed from India. So what?

The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.


The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.

The H1 law was never intended to cope with the complexities of modern business as I see it!

Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?

You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.

I don't see how an Indian citizen in India selling online has anything to do with immigration?

cut paste from website : murthy

http://www.murthy.com/news/n_intead.html


Interim EAD Procedure
Posted Feb 23, 2007
�MurthyDotCom
The Vermont Service Center (VSC) has advised that they have instituted a new procedure for issuing interim Employment Authorization Documents (EADs). These are appropriate in situations where the EAD request has been pending for at least 90 days. The expected termination of interim EADs at local USCIS offices was reported in our June 30, 2006 MurthyBulletin article, June 2006 Conference Update: Interim EADs to End, available on MurthyDotCom.
�MurthyDotCom
The new procedure requires that an individual go to the local USCIS office to make the interim EAD request. The local office then will contact the VSC. The VSC will review the file and try to adjudicate the initial EAD application and avoid the need for an interim EAD. If they cannot complete the initial application, however, they can issue an interim EAD.
�MurthyDotCom
The interim EAD will not be issued if there are "national security issues." Therefore, if the case is held up due to security concerns, there may be instances where the interim EAD is not given. Whether or not it is issued depends upon the severity of the security matter.
�MurthyDotCom
This procedure will help some people with delayed EADs. MurthyDotCom and MurthyBulletin readers who will be renewing their EADs should not wait until they are close to their expiration dates to request new ones. We recommend filing four months in advance to avoid a lapse in employment authorization.

Its nice to see teachers on this forum. I came on H1 through the company GTRR. You can get their contact number from their site.I wanted to ask Sirvi that how about working with an NGO. Did you file your GC under EB2. I filed mine under EB3. Please tell me something about it.
If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.

That is my understanding as well...
What I understood from Ron's article:
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.

Tech workers take H-1B case to Supreme Court - Network World (http://www.networkworld.com/news/2009/111809-tech-workers-take-h-1b-case.html?fsrc=netflash-rss)

My 6 years + recapture time will end in April/May 2011. I am just frustrated with the process.

Is there any way IV can take up the NSC I140 processing times with USCIS???

Why is there a huge discrepancy between TSC and NSC wrt I140

Also the processing times NSC publsihes are not right.

for eg: My EB2 is pending from Dec 2006 and the latest update is Feb 2007.

i know there are a lot of people like me.

Thanks

Hi:

I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:

Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.

Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.


sorry to burst the bubble..this is v hard. i'd a friend worked for a small company and was denied 140. if you filed for 10-15 ppl company chances are u will face the prob.

i'd suggest u file a fresh labor. uscis is v strict these days and will scrutinize.
well its all these body shop companies who have created this mess.

I don't know how you can generalize like that. Sure that I was also burnt by a Desi company. But that is no excuse to say that All Desi company's are like that. I am sure this topic is very well discussed in some other thread. I am posting this as I am surprised not to see somebody jumping in against such generalizations.

So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)

Chill man. I am just sharing my experience and giving practical opinion. If it helps you then thats fine else just ignore and move on. :)

eb2/eb3


I am from Africa..my Priority date is 9-2004 - Labor, and I 140 approved. havent filed the 485 yet - But i guess I will....So my question was if i get married like in Dec or so...can i apply for the GC for my wife...Thanks! Cheers..Just joined today.....this site rocks!

Ps how do i post like a new topic without replying... and I am on h 1 b paper only..not stamped in passport..exp 6-2009

One of my friends got B1 Visa(business visa, it�s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.

He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.

My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.

Could any one please help us with your valuable suggestions for the following questions?

Is it possible to come to U.S on B1 even after resigning the job?

Is there any possibility that the company revoke his B1?

What are the documents required to come to U.S on B1?

Thanks in Advance

I would strongly advise not to do this...
This can create problems at multiple levels:
- If at port of entry, he fails to explain his reason to visit; and CBP officer finds out that he intends to work; there can be 3 or 10 year bar for entering US what so ever.
- If he enters on B1 visa and files for change of status to H1 soon after entering; this is very likely to be denied and he will be deported for misrepresentation
- If he does get change of status to H1B; he will have trouble getting it stamped in future at a consulate in india (on the same grounds: initial entery on B1 was fraudulant).
- If he does not have any of the above issues; this will hunt him down during GC processing; and his GC will be denied on the same grounds.

D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

Is postal address for e-Filed AP & EAD same, are the 2 photos is only for EAD renewal not AP, seems they will take a picture/fingerprint for AP by appointment.

Anything missing from the following:

Req docs, you will have to send (I-765/EAD)
1. a copy of of your I-765/EAD E-file receipt,
2. pending I-485 receipt,
3. two 2"x2" passport photograph,
4. copy of your previous EAD, both side
5. drivers license, both side
6. passport non-immigrant visa page
(even if its expired, it will serve as a federal issued photo ID).

Req docs, you will have to send (I-131/AP)
1. I-131/AP E-file receipt
2. Photo Id: License
3. Passport visa page
4. 485 receipt copy
If applying for Re-entry Permit, you must be fingerprinted as part of USCIS biometric services requirements. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, USCIS may also take your photograph and signature.

All the tactics used by groups opposing EB immigration and in particular H-1B visas center around one central theme - foreign (H-1B) workers are cheap labor. While they may have identified specific cases, it is not representative of the entire EB (and H-1B) community. Most of us are paid much more than higher end of prevailing wage, plus 10-20K in immigration costs. Many of us are physicians with NIW and working in medically under served areas.

How about we stand in silent, peaceful protest against the H-1B ban to show that the common perception of H-1B workers is not all correct. I suggest we do this either in front of the Capitol on the day when the House-Senate joint committee is considering the bill or on the day when President Obama signs the bill in front of the White House. Our goal will be simple - we will try to pass on one message - We are not cheap labor. The way we do this -

Each of us will create a poster with our 2008 W-2 blown up that shows the income (100k+), show that we are paying all taxes (Medicare, SS, etc.). We can scratch off employer name, address, etc.
We can wear white strips around our lips to symbolize our protest to be silent, peaceful.
We can have some flyers ready with relevant information.
These are just some preliminary ideas. I am sure others here will have much better ideas to get our point across - We are not cheap labor.

I know skeptics and nay sayers tell me that this is useless, etc. etc. I have two things to day about that - First, if we don't do anything we don't gain anything anyways. Second, I do not expect the Congress to change anything just based on any protest like this. What this will do is that it will plant a seed of a forgotten concept that foreign workers like you and me are not cheap. I feel confident that we can find somebody to report this.

Anybody up for it? Even if 10 of us are ready I think we should do it. Timing this right is important. We have to move swiftly.

Now I feel like they are just holding mine. LOL. Good to know.

My application received: Dec 2
Check cashes: Dec 7
Status: Initial Review
Expedite Request file: Jan 14th



I paper filed AP at TSC on Dec 14 ( Renewal)
Check cashed on Dec 16
Ap received on Jan 9

Total : 3 weeks

Paper filing works better for AP at TSC.
( I had a bad experience when I E-filed at TSC last time.)

It depends on the hospital's immigration knowledge. Most of the hospitals in the NY/NJ/CT/MA/CA where there are a lot of immigrants are aware of EAD.
So they prefer EAD over H1/J1 as they can avoid the process of application.
This is from my personal experience. Some states like Maine, New Hampshre are not even aware of EAD. In such hospitals you can take a chance with the expectation of getting a Green card and convince them with the Social security number. Also apply for your social security number once you get your EAD. This really helps if you need to convince the hospital.

Overall having an EAD is a big plus when compared to H1. NEVER go for J1. The waivers are very difficult to get and you'd have a lot of mental tension. I dont think its worth it, if you are planning to stay in USA. My wife stayed home for a year, when she was matched for a J1 hospital. She again applied the next year and got a H1.

Thansk for your reply. In the Residency application(ERAS), there are two categories:

1) Visa - J1, H1, EAD etc
2) No Visa requirement - Green Card/US Citizen.

If we check EAD, they will think that we need a visa which we don't
If we check Green Card, technically we do not have our green cards yet

What is the best thing to do?

new developement is that HYD consulate called him for rare second interview,atleast that the email says
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different

My H1 has expired on 31st August, 2009. My disgraced company applied for extention in the month of May 2009 in regular Processing. Still waiting for Approval and have Receipt Notice only from Vermount center.:confused::mad::(:(:eek::eek:

I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.