Monday, June 27, 2011

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  • anzerraja
    07-19 06:21 PM
    Thanks Husker !

    We are getting started out as a new thread towards this administrative costs.



    As a couple of members mentioned that the core will not take any money from the funds members contributed, and its is really unfortunate that Aman + all the core team have to spend a lot of money out of their pocket. I am not a CPA but have seen that a lot of NOP do set aside administrative funds. That how the organization would work. The good ones will have only 10% of funds towards administrative cost. The BEST ONE LIKE IV has NONE (No money for administrative cost!!!). I am sure the core will not want to dive into the funds people are giving BUT can members send money seperately to set up an administrative fund.

    I like khodalmd idea, I know not everyone is going to chip in, but if we have atleat 1000 people we can all send $100, so that atleast the core team dont take on the financial burden of the entire community. People sent flowers, a lot of people sent flowers...I am sure atleat 1000 appreciative members can shell out $100 for IV.

    I am game for the $100 suggested by anzerraja (I think)

    -------------------------------------------------------------------
    Contribution: Till now $300 + $50 re-occuring




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  • Jaime
    03-20 02:14 PM
    Hey guys, thanks for the replies and the good advice, which helps a lot. It's true that prevailing wage for H1b and CG are different, so I don't think my employer is breaking the law...at least not yet. (Logiclife, what do you think? Wouldn't the attorney had told them that they are breaking the law?) It's just a hard reality check to realize that all the "we care about our employees" is just a smoke screen.




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  • StuckInTheMuck
    04-28 07:29 AM
    Thanks InTheMoment and seahawks - your points have been added to the list.




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  • Maverick1
    11-09 03:54 PM
    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 !!!!



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  • manojp4
    06-15 02:49 AM
    You cannot do CP for your spouse unless your I-485 is approved (an immigrant visa number is available for you). That is why the adjustment of status within the US is so much more preferable for most people - it lets you and the spouse get the EAD and start working without waiting for the approval of your GC.

    My suggestion for you is to get all the paperwork ready for you and your spouse right now. (Except the medical exam for your spouse which has to be done in the US). The medical exam can be completed in 2 days.

    Also, there is a chance that the dates will still remain current for the Aug visa bulletin, since the bulletin will get published by the middle of July, and the USCIS will not have an accurate idea of how many applications they will be getting in July. It looks like the retrogression will hit in either Sep or Oct but with USCIS we never know.




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  • chanduv23
    04-28 01:30 PM
    UN,
    Have there been any updates on this case that you are at liberty to share?

    Thanks in advance.

    Yes, I am also interested to find out what is happening.



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  • c9411010
    07-20 10:52 AM
    guys - i want to start a new forum on 401K ..

    want to discuss what happens to people who have 401k contribution and want to go back to india

    do we have to withdraw the 401K when we leave or can we withdraw it at a later date..

    can some one start a new thread since i cannot figure out how.. thank you




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  • Saralayar
    04-01 10:07 PM
    Hi when485,

    Our PDs are close.Mine is jul-06 eb3/I. My family's all 485s had a soft LUD on 03/31/2009 and today 04/01/2009. I am thinking it could be because of 2nd finger print notices for our family.
    What do you mean by "Our PDs are close"?. I don't understand. Your PD is July 2006 that too EB3/India.???:confused:



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  • lazycis
    12-04 08:43 PM
    Here is the link to Cao v. Upchurch ruling.
    http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf




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  • rajuram
    06-12 11:58 PM
    IT IS AS SIMPLE AS THIS ----

    IV has to convince the government that this mess was created because close to 100000 visas were WASTED/UnUsed while BEC was busy(or not busy) sorting through the cases. If it is the mistake of a govt department, then the govt should fix it by recapturing these visas. They will act only when you make them look bad or file a suit against them. Why hasn't IV been able to push a simple argument like this????



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  • americandesi
    07-27 01:32 PM
    My PERM got approved on 07/23/2007 and my attorney is planning to file I-140 and I-485 concurrently by Aug 15, 2007.

    I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.

    Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.

    We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.

    I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following

    (1) Net income - The initial evidence reflects that the petitioner’s net income is equal to or greater than the proffered wage
    - (Supporting Evidence : Tax Returns).

    (2) Net current assets - The initial evidence reflects that the petitioner’s net current assets are equal to or greater than the proffered wage.
    - (Supporting Evidence : Audited Financial statement)

    (3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
    - (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)

    Ours is a small company and doesn't have net income or net assets matching the proffered wage.




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  • kpchal2
    07-18 04:43 PM
    these uscis reps dont even know that the uscis reversed their visa bulletin. all they were told was they will be rejected and that is what they are reiterating. they do not even know that the people at service centers were asked to hold them back. they are just like a bunch of kids who were told

    1+1 = 2 but they do not know that 1-1 + 2 = 2 becuase no one ever told them that :-)



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  • seahawks
    07-17 11:00 PM
    signed.




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  • dilvahabilyeha
    07-18 05:29 PM
    These all can be possible if only immigrationVoice can VOICE for us, let's give water to that Voice now!

    Dear Bro and Sis and friend!

    Just imagine if you were put under new FEE scheme? Do you have an option to negotiate? No! So I am sure it saved atleast $2000 on an average. How much of that do you think we can give IV for OUR OWN cause?

    If each person contribute 25% of what they saved from no FEEs raise solution, I am sure we will not have to wait in another backlog DAM and shout for the gates to be opened!

    Our contribution of "NOW" would help IV to have the lobbying firm grease those gates or even remove the gates!

    Let's not suffocate in another backlog! Let's be safe than sorry!

    We have 21,000 members, 14,000 active, so if 10000 contribute $500 that would be 5 Million! Sure that's hefty enough to talk to the lawmaker as they are busy doing the fund raising for the next election. Let's not make IV Core to ask for money again, we should have heard and seen thier efforts and achievements! Let do it Guys!



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  • LetsFightForIT
    01-31 12:29 PM
    Hi all,
    The questions are 6 and 18 today 9.42Am PST and guess wat i voted yesterday and today from the same computer. SO pls try and vote again today.




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  • caliguy
    09-17 08:03 PM
    Thanks kubmilegaGC!

    I will call the senators immigration liaison tomorrow. Hopefully she will not tell me that they cannot do anything besides what they have done because that is what they told me in September last year when I got a standard response last year.

    Unfortunately nobody understands the pain and agony we are going through. For them, its just another day at the office, they couldnt care less. Nevertheless, I am going to try tomorrow.....hey, cant give up that easy.

    I will call CS again tomorrow, I dont mind being yelled at and I am gonna tell her this time that I have not opened a SR. Atleast, she will then transfer my call to a IO.

    Let's see what tomorrow has in store for me!!

    Thanks @natraj @fatjoe @Vikki @apb - thanks for all suggestions -:)

    @ cali - talk to senators's immigration liaison and explain the contradicting response(s) that you are receiving and ask if they could help - at this time lets take a diff approach - let them ping USCIS rather that you..see if that works.

    @fat - 2nd SR was for wife and we seriously think that IT did the trick

    I am wishing THE BEST for all of you who are waiting...next few days guys - you will get it! 100%



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  • masterji
    08-21 01:19 PM
    I have a valid H1B permit (no visa). If I use AP to enter and according to the IV gurus I can still continue myself on H1B. Do I need to do any paperwork to change I-94 or it is automatically converted back to H1B as I am not using my EAD.




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  • la_guy
    04-08 07:40 PM
    hi kvranand / nik.patelc,

    same thing happened with my wife's case too, RFE status change on 4/3 and then again a soft lud on 4/6 on my wife and soft lud on mine on 4/7 ... no status change... can you guys let me know once you receive the hard copy... i will update once i receive it...so far havent received and waiting for it...as we have only 30 days to respond...




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  • pitha
    02-05 05:16 PM
    My already high regard for IV has increased 10 fold with this clear message of yours. It was high time for all the people issuing threats that�s they would leave IV if there ideas were not accepted by IV, to just leave and do everybody a favor.

    Bravo, I salute you for your courage. Hope people will come in line and back IV core decisions and don�t fight each issue.

    Either lead or be lead. The people in the core team have come forward sacrificing there personal time and money for our cause. So lets just follow there lead and not fight IV core teams decisions.



    Before this thread takes a turn where supporters and opponents of this idea start another forum war, let me say this clearly:

    IV is not going to adopt this as an agenda item. The reason is quite simple: H4s not being able to work is low on priority of problems that need to be fixed in order to mitigate retrogression or other consequences of retrogression.

    And frankly, we do not have extra kind of support to add new agenda items on our list.

    A whopping 200 people signed up for recurring contributions of $20 per month. Out of 8000 people who registered here and got emails about it. However, almost every week, there is no shortage of new ideas and no shortage of opinions on those new ideas from people.

    We get $20 deposits each month from 200 people. But as far as opinions are concerned, we get hundreds of them each week. How nice? I wish we had some machine to convert those opinions into dollars.

    If you dont agree:

    Now, if someone feels offended by this, and feels that H4 issues are orphan issues, or if this organization does not represent them anymore since IV does not want to adopt H4 related issues on its agenda, and if that someone wants to leave, then please leave without any threats and feel free to start your own organization.

    And this thread has all the features and ingredients neccesary to become a forum war. If that happens this thread will be deleted.




    ns33
    09-17 01:20 PM
    any idea when they'll resume?

    on the other note - if this is approved today, what are our realistic chances to get it on floor for vote in both places?




    ganguteli
    05-13 10:56 AM
    This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.

    Few points:

    1) having gc is a privilege not a right.

    2) US has every right to choose whom they want to have in their country.

    3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.

    4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)

    5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.

    Wake up friends, you have options. Don't let your life depend on you application status.

    Nitin

    You get a life you coward.
    You posted junk and did not do anything on IV in the last 1 year. Now suddenly when your dates are not available you come here to teach others to get a life.

    Why don't you get a life and go back to India and get a life there. If you are happy in Canada, then be happy there. Do not teach us. For all of us you are simply a coward who ran away from problems rather than face and fight it. And why do you care about Fraud etc.. if you are in Canada driving Taxi!!!!!

    You seem to be an anti-immigrant to me. We have seen many in the last few days and they were rightfully kicked out.



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