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Thursday, June 16, 2011

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  • immi_2006
    08-07 10:54 AM
    Though its not mentioned it is good file I-134. You are not eligible for I-864.





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  • masterji
    10-20 01:19 AM
    I think it is best to get your H1B stamped in India and also carry AP with you (if possible) as a back up. Stamping in home country is the BEST and SAFEST. I do not know why so many people get it stamped in Mexico and Canada. Previously, when you could still enter US from Canada with a refused visa,it made sense, but now if they reject your visa you need to fly to India!!!

    But, once you enter using your AP, can you switch back to H1B or you have to use your EAD?

    Not a lawyer.





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  • kishdam
    03-19 12:16 PM
    I-140 withdrawal is not mandatory but it's good for both - employer and employee.

    Not sure how withdrawing an approved I140 is good for the employee??

    The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.





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  • coolduggar
    05-07 02:33 PM
    What will happen to those who have already used AC21 if you suspect this rule is going to change and not favourable to us ?



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  • ebizash
    06-20 01:53 PM
    My LC was filed as Database developer. After about 200 days of I-485, I switched job as Manager. I sent the job description to my attorney and they said I could switch as the job in same or similar "SOC Code". They also said that there is no need to let USCIS know about the change as it is optional. If USCIS issues a RFE, we will respond appropriately.

    The only thing I ensured and you should ensure too is to keep all paperwork in a safe and readily accessible place. You should keep pay stubs from old company as well as new one, job description and offer letter from both employers, and a document detailing circumstances of your job change (such as you changed job because you were afraid that due to market conditions, the company may go out of business or your dept may get outsourced etc etc...)

    P.S. - The attorney is a very renowned attorney and my old and current employers both are Fortune 50 companies.

    PM me if you have any question....





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  • msyedy
    03-24 04:05 PM
    Hello fellows in pain!

    I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:

    - US Bachelors in Computer Science
    - More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
    - However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.

    Any suggestions would be extremely helpful!

    Cheers,
    Me.

    I believe that EB2 means - Bachelors + 5years experience after getting a degree. Many of my friends have filed under Eb2 with bachelor + 5 as their lawyer suggested them to.

    It depends on the lawyer. Get a good lawyer and find out if he can help you.



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  • Hello_Hello
    11-30 09:48 PM
    I have no idea what Mr. Chopra is talking about, as far as I know US administration has become more foreigner unfriendly in last 10 years and Obama administration is even worse. i don't know of 1 friendly law passed in last decade.

    The Startup Case For Immigration Reform - Maureen Farrell - Scaling Up - Forbes (http://blogs.forbes.com/maureenfarrell/2010/11/23/startups%E2%80%99-case-for-immigration/?boxes=Homepagechannels)



    The United States� Chief Technology Officer Aneesh Chopra says President Obama has tried to lower administrative barriers for bringing foreign nationals into the US for professional development. �In his first year the President wanted to make sure scientists around the world who wanted to visit the US to participate in conferences and seminars could do that,� says Chopra. �We have streamlined that process and efforts so they can participate in ways that are a lot more friendly to their participation.�






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  • chanduv23
    11-20 11:29 AM
    Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.

    Well what I intend to say is - their influence is definitely there in framing laws.



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  • trueguy
    12-10 11:58 PM
    This system is completely broken. USCIS don't realize that people in EB3 from 2001 have gained more experience and they are more valuable to their country, rather than those fresh graduates and PhDs who are applying in EB2 and EB1 category.

    We must do something to remove country cap and increase annual quota otherwise there is no hope for India and China.





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  • a_yaja
    01-16 09:17 PM
    Hi,

    How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?

    Also,

    8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
    3 Months of the H1B was in Chicago.

    Can I use Turbo Tax to file my taxes or should I go to an accountant?

    I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".

    I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.

    Thanks,
    Deejay

    There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms). When you were on OPT, Social Security and Medicare should not have been with held from your paycheck. If it was, then you need to ask for refund of those taxes from the employer who with held that tax. As far as Cincinnati and Chicago are concerned, nothing special to do for Federal Income tax. However, for state income tax, you will have to file income tax for both Ohio and Illinois as part year resident.

    Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.

    All my initial filings were 1040 NR EZ and so I really did not need any help. In 2005, I got my tax done through IBSN (really horrible experience and I don't think I will ever go to them again) and have used that as template for next year (not much change in my details other that annual increase in salary). Nowadays I use Tax Act standard (standard version is free and also does a free eFile). I have found TaxAct to be really good (even better than IBSN - in that no money charged & spit out the same forms as IBSN preparers) but it asks too many questions which can at times be confusing (at such times I ask my friend google.com). Turbo tax might be a little bit more user friendly, but I suspect like Tax Act it will ask a lot of questions too (and it has user friendly wizards like Deduction Finder, Deduction Maximizer, etc - everything that Tax Act has too - but without any fancy names).



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  • optimystic
    09-27 02:53 AM
    Quote from the article


    Comprehensive immigration reform in Congress this year appears dead. Perhaps an incremental approach would be more politically viable. Lawmakers could first concentrate their efforts on correcting the glitches in the system that affect legal immigration, before turning to illegal immigration. After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad.


    How many times and thru how many channels do the Congress/USCIS need to hear this message before they act on it??? :(





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  • ajju
    09-07 12:07 PM
    Doesn't matter. MS+0 works just fine. (My EB-2 was MS+0).

    If you've been working for this company for past 2 years and now they are going to file your GC... and you've no prior experience.. you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this...



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  • Ruth B
    02-19 11:30 AM
    I need your help. I am currently under "adjustment of status" through employment but I have not received my green card yet. I already received EAD and advance parole last December/07. I left my studies at the college since then. I am not in F1 status anymore.
    I have D/S on my I-94. I am wondering, what would I need to do if my F1 visa stamp expired on July 13/2000? I am planning to travel to my native country for the first time since I got here in 1999. I have remained in legal status during all this time by taking classes at the college. Do I need to get a visa stamp at the embassy back home?
    Can I travel while my green card is pending? I�m just trying to make sure I�m doing the right thing here. I don�t want to make a mistake that will affect the outcome of my green card, not to mention my safe return to the U.S. Thanks in advance for your help.





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  • sanju
    04-15 04:03 PM
    This person abby is a member of anti-immigrant group. This person has just posted this message so that some one in their group can cut-paste this post into the lobby material of anti-h1b goup. This thread is actully not the fault of abby. So, rather than talking to abby I would like to say something to people who appear to be regular member of this forum.


    Dear senthil1,

    Do you have anything in the upper compartment of your head. I have seen your posts and you are always arguing for no reason. As if you are the only smart one around. Here you are playing right into the hands of an anti-immigrant. I beg you, please use your brains, atleast sometimes. Don't post just for the sake of posting. Idiot.



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  • guygeek007
    07-31 11:03 PM
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^





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  • hydboy77
    04-27 09:59 PM
    a lot of people who applied during July 2007 are getting RFE on 485, I guess this because of pre processing but 99% of these people who are getting RFE are from NSC. I same only one or two people from TSC who got RFE. From this seems like NSC is pre processing but TSC is not.



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  • hopein07
    02-09 10:32 AM
    I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights


    Read below what happened to the court case in UK.

    http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms

    You can simply FORGET ABOUT LAWUSUITS etc.





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  • vik352
    12-08 03:19 PM
    Thanks ashkam. I am still on H1, this is exactly what I needed to hear. I will confirm this with my attorney too. Thanks again!

    According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.





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    12-30 12:20 PM
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    - 06/15/2009http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gif-I-192, Application for Advance Permission to Enter as Nonimmigrant (http://www.cbp.gov/xp/cgov/offsiteRedirectPg.xml?title=I-192%2C+Application+for+Advance+Permission+to+Enter +as+Nonimmigrant&url=http%3A%2F%2Fwww.uscis.gov%2Ffiles%2Fform%2Fi-192.pdf&referrer=/xp/cgov/travel/id_visa/)http://206.241.31.141/ImageCache/cgov/templates/images/featured_5fseealso_2ejpg/v2/image_2ddata/1/featured_5fseealso.jpg
    04/08/2008http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/lpr/)Lawful Permanent Residents (LPR) (http://www.cbp.gov/xp/cgov/travel/id_visa/lpr/)http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/nseers/)NSEERS (http://www.cbp.gov/xp/cgov/travel/id_visa/nseers/)http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/study_exchange/)Temporary Residents for Work or Study (http://www.cbp.gov/xp/cgov/travel/id_visa/study_exchange/)http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gif-Transiting the U.S. (http://www.cbp.gov/xp/cgov/travel/id_visa/iti_transit.xml)- TWOV and ITI Programs
    - 10/02/2007http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/)Visa Waiver Program (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/)http://206.241.31.141/ImageCache/cgov/templates/images/featured_5fseealso_2ejpg/v2/image_2ddata/1/featured_5fseealso.jpghttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/)Visiting for Business or Pleasure (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/)


    More... (http://ashwinsharma.com/2009/12/21/us-customs-and-border-protection--travel-information-for-international-visitors.aspx?ref=rss)





    SlowRoasted
    06-06 01:58 PM
    awe SHUCKS, so hard to decide.





    Winner
    04-08 04:18 PM
    All i am asking is the media they know and number of users. I dont know what you talking about.

    Ok, how do we contact the state representative. Through the county representative, then the city, then street?

    There are a few more things in this site apart from forums. I would recommend to spend some time learning more about the group, its activities, state chapters etc.

    Also, did you know we have some action items? and did you notice some people donate time and money?



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