Wednesday, June 22, 2011

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  • Canadian_Dream
    10-19 03:42 PM
    Not really, broadly speaking lack of information can never be a benefit to consumer. (Read: hidden clauses in agreements). It might be that they have been doing that and we don't know. You will ONLY know if you apply for another H1B transfer or any other application say I-140/I-485 with new employer and then USCIS MIGHT tell you that your I-140 is revoked on MM/DD/YYYY and you are no longer in valid H1B status since then. That would be too late and it is not retroactive. Remember that onus is on you to maintain valid H1B status all the time during the period of H1B. Once again I am not saying what I mention above is the correct interpretation of law, but in the absence of any clarify it can be one of the implication.


    then it is to our benefit that they dont clarify it for as long as possible, bec normally any decisions are not retroactive but only for cases going forward.





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  • Pegasus503
    02-11 06:22 PM
    How about, those who made incorrect predictions to pay $50 to IV?:D

    There is no such thing as an incorrect prediction....it's just the time that might be inaccurate.





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  • furiouspride
    08-19 09:14 PM
    I had to step out early from the conf call. Just wanted to stop by and say 'Thank You!' to Ms. Reddy for taking time out for us from her busy schedule. Many thanks to Ms. Anu too for making this happen.





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  • EkAurAaya
    12-10 07:17 PM
    Our cases are different - in my case both me and wife were primary and dependent on respective cases.

    Did you file a derivative 485 for yourself based on your wife's application before it was approved?

    I think your lawyer made a huge mistake of not filing a derivative 485 application for you beginning of September when her PD got current, this would have ensured you got tagged along with her application, mere letter to look at your case when your priority date (2001 eb3) is not current doesn't make any logical sense...

    Keep the hope... on the bright side your PD is 2001. Best wishes and good luck!



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  • kkartikeya
    07-14 06:48 PM
    Sending flower with little knowledge of H1B's would help him to know us better .:)





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  • ashkam
    02-21 01:58 PM
    Hi,

    My company is asking me to pay the extension fees for 3rd term with same company. I had approved 140. In USCIS receipt it says amount received: $320. Then why I am asked to pay $1820. Is the $1500 towards training is to be paid by employee or employer?

    Most probably the 1500 is attorney fees.



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  • GCBy3000
    07-19 05:24 PM
    http://immigrationvoice.org/forum/showthread.php?t=10614

    You will know what I am talking. USCIS folks are dumb a.. and sitting on AOS applications for long time. The direction is clearly coming from TOP. After July VB fiasco, they cannot sit on it as they have created landmines. They lied in the past about the processing delays for lack of resources. If they decide to stand by that lie, then they are creating landmines for themselves towards future. If they dont stand by that lie, then any small mistake will be exposed with seveal questions from outside. The only way out is to go to Pappa and ask for his signature on the solution. They have all the solutions and we dont have to tell them any.





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  • vinzak
    11-13 11:37 AM
    Jamaica does not require visa for Indian citizens, regardless of US status. One of the very few countries where Indians can go w/o visa along with Thailand and Hong Kong.



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  • WeShallOvercome
    07-12 04:59 PM
    Dude, did you just compare that guy to USCIS? thats a derogatory remark and I urge the SysAdmin to take notice of such foul language... :)


    That's right! No one can beat USCIS..
    I've just revised my initial post.

    "The original post should be read in conjunction with this one " :D





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  • ndbhatt
    02-21 08:45 AM
    Change of employer - H1B extension applied 10/04/2007. Approved on 12/19/2007 for self and family.

    I am not sure why there was LUD on 2/17/2008 just on my case # (not my wife) even though it was approved in December.



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  • smuggymba
    03-01 07:57 PM
    Hello Folks,
    I am on H1-B since Aug2009 and last year I transferred around 40K USD to parents. All these transfers were spread over the year in the denominations of 5K per transaction.(As and when I saved money).
    My question is, do I have to pay taxes in US on this money transferred to India. I know that my parents don't have to but I am not sure about myself.

    Any pointers in this regard will be highly appreciated. Thanks,

    Good job with savings:D

    No, you have already paid tax on it. I've been here since 2004 and have sent 12.5K USD to India and never paid tax.





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  • glen
    04-08 10:16 PM
    This is like another feather in the hat....

    Great job by IV members...



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  • bestin
    10-09 01:13 PM
    you have to apply for extension hope you got the passport renewed.

    Visa stamp is for entry, I-94 determines the status and length of stay. Even if the stamp is valid if I-94 is expiring you will be out of status.

    If you have filed for I-485 then your status will become AOS.EXACTLY,btb i was in canada and travelled back on 07 feb 07.My passport was valid till sep 07,but somehow the IO gave me i94 till my visa expiry in 2009.





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  • amitjoey
    07-18 02:38 PM
    There is already an action plan and a thread for it.
    Please contribute your $$$$ now.



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  • satyasrd
    04-19 08:10 AM
    Hopefullegalimmigrant,

    I am happy to see your posts and I am in to put all efforts required. There were some talks earlier about having a rally in DC. I think we should do that to get attention.
    I have asked this question before but is this something IV can help us with ?

    Thanks





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  • needhelp!
    12-10 02:14 PM
    and got 7 year (or is it 8) renewed license



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  • gc_chahiye
    12-27 01:57 AM
    inline...
    Is it mandatory to file AC21 with USCIS after moving to a new company?


    most lawyer recommend filing it. If your previous employer revokes your I-140, then filing it can potentially save you an RFE and related delays.


    If I move out to a new company before 180 days with the employer's co operation now and
    If that employer cancel the I-140 in future (i.e after 180 days), will that have any impact on I-485?

    No, you are safe in this case. There is the little gray area of you leaving the petitioning employer early, but since they did not revoke teh I-140, you can say that (if it came up in the interview) you intended to go back to them and they had all intentions of hiring you again. As long as I-140 is revoked past 180 days there are no issues. File for AC-21 sometime past the 180 days mark.





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  • krishnam70
    10-02 02:15 PM
    Thank you Hermione (Granger?)

    What about salary requirements? would it be okay if I get 20-30% lower
    salary? Do I have to be getting paychecks every month?

    1. Get a job with same description
    2. Get at least the salary mentioned in your LCA

    Please check with attorney's before you make that decision.

    - goodluck





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  • Winner
    05-01 12:52 PM
    Administrative Fix-IT campaign


    No. It's not a typo. USCIS indeed needs to help us in order to help itself. With the recent campaign by Immigration Voice to request the administration to pass certain measures that would immensely help the High Skilled Legal Immigrant community, USCIS can legitimately and administrative improve its processes, so that it can go back and do what it does the best - Adjudicate immigration applications.

    Despite the reality of a huge economic deficit to be borne by the new administration, the Inspector General recently cautioned Congress about the impending backlogs caused by outdated policies and the slow pace of IT modernization of USCIS. One statement in particular stands out - USCIS has come out with plans to modernize its processes, but these plans are pending approval.


    Quote : Until USCIS improves IT management and operations, the USCIS will not be in a position to either effectively manage existing workloads or handle the potentially dramatic increase in immigration benefits processing workloads that could result from proposed immigration reform legislation - Oh Law Firm


    The current administration should pass these administrative fixes in order to better the main purpose of USCIS.

    Some of the fixes include -

    1. Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    Due to processing delays, USCIS is forced to waste approx. 20,000 visas allocated for the Employment Based Permanent Residency process. This measure will indeed help USCIS to process and clear the backlog once and for all.

    2. Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    By strictly defining job categories, legal immigrants are subjected to undue hardship and career stagnation. When a legal immigrant decides to move to another job with a different (and usually better) position, he/she is forced to start the legal immigration application cycle again, causing more paperwork and process cycles on USCIS's part. One way of Simplifying the process is to relax or broaden the definition of "same or similar" job description while applying for a visa during a job change. Imagine stuck in the same job for 6-10 years because federally mandated visa numbers are not available but you have been successfully approved to get one.

    3. Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    Form I-485 is the last step of the Permanent Residency process. This step is required in order for a legal immigrant's status to be adjusted to that of a Permanent Resident. Without this step, applicants cannot apply for I-485 and have to wait until visa numbers are available.

    4. Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    EAD or Employment Authorization Document is a temporary status allowing the applicant to work for any employer until the immigrant's 485 application is adjudicated. AP or Advanced Parole allows a applicant who is waiting for his/her I-485 to be adjudicated, to travel to his/her home country in the event of an emergency. Both these documents are available for a hefty sum and are valid only for 1 year. With recent backlog estimates at 800,000 applications, USCIS has to endure tremendous workload by renewing these documents once a year. By issuing documents valid for 3 years, this burden can help USCIS focus better on other adjudication work.

    5. Allow visa revalidation in the United States.

    Visa revalidation, per the State department, is required to be done outside the US at a consular post in an immigrant's home country. This causes undue burden on the legal immigrant.

    6. Reinstate premium processing of Immigrant Petitions.

    For those employers looking for a quick adjudication to an immigrant employee's petition to work, premium processing has been a god send. Premium processing forces the employer to pay more in order to receive an expedited decision on the petition. Premium processing was suspended due to receipting backlogs after the July 2007 Visa Bulletin fiasco. Now that the receipting backlogs are over, USCIS should now reinstate premium processing for immigrant petitions.


    In-house cleanup of the USCIS by embracing the above administrative fixes will immensely help USCIS realign its purpose of adjudicating visa and permanent residency petitions rather spend a good portion of its time working on supporting "pending state" measures.

    I sincerely request everyone to write to the President.

    More information is available in this thread at Immigration Voice:

    http://immigrationvoice.org/forum/showthread.php?t=16506


    NOTE: This website is in no way affiliated to Immigration Voice and the opinions and comments documented here are that of the blog owner's.





    rockstart
    06-18 12:55 PM
    Your responsiblity with time sheet ends once it has been approved by your manager. The payment rules between Client -> Primary Vendor -> Your Consulting firm is not your busiess. Tell him straight that Once you fax an approved time sheet you should get that money irrespective of whether they got the money or not.

    Also define the reasonable period . I think 2 weeks is fine any thing more is not acceptable.





    akhilmahajan
    02-11 01:06 PM
    I think the new name check change, will help the system work FIFO.
    This is what the system is intended to do.

    Also, as time goes by, this will make the PD more transparent, so instead of having dreams and making wild guesses, there can be somewhat logical guessing.

    I know it is not possible as it is USCIS and anything can be true.
    But i am really happy for people with older PD's who have been struck with FBI Name checks.

    Please help IV with the letter campaign and also lets get together and try to make the system more transparent and open.

    GO IV GO. TOGTHER WE CAN.



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