Thursday 30 June 2011

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  • TexDBoy
    11-22 03:37 PM
    I think
    - For Perm and subsequently I-140, you can only specify employers that are directly relevant to the number of years of experience claimed in labor. The details of the petitioning employer are most relevant and all your past employments should add up to the experience required
    - However, for I-485, which is your application, you have to specify all the employments that you filed taxes for and from whom you received your paystubs (primary/secondary).




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  • pappu
    05-13 01:54 PM
    sorry, this message is in the wrong forum, lot of people come here to find a solution for retrogression problem, if you have questions related to your personal cases, please post it in the right forum.

    immigration forum on immigration.com is the best place to post personal immigration questions. Murthy chat on murthy.com is another resource. Lets have this forum specifically for IV related issues that affects us all.




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  • lazycis
    01-29 12:24 PM
    can I leave US while my green card is pending? I have H4 visa and it is still valid. any help? Thank you so much! :D

    Not a problem, just have somebody to check your mail in case the USCIS sends a fingerprint appointment or something else.




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  • sys_manus
    04-30 05:01 PM
    She is French if I am not mistaken..



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  • Blog Feeds
    06-05 01:10 PM
    There was no one in the bleachers at the new Yankee Stadium to offer a Bronx cheer to Secretary of State Hillary Clinton on May 13 when she promised to "streamline the visa process" during her commencement address to New York University students: [W]e should bring more qualified students from other countries to study here. NYU provides a prime example of what international students can bring to a campus and how they can benefit themselves and their countries. Over 700,000 international students came to the United States last year, and NYU had the second largest number of any school in...

    More... (http://blogs.ilw.com/angelopaparelli/2009/05/a-silent-bronx-cheer-hillary-to-streamline-the-visa-process-.html)




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  • RNGC
    02-23 01:18 PM
    Interesting (?!) situation!

    One of my relative is on F1 visa, he wants to marry someone in India. He has applied family based GC. Can he bring that person in India thru a visitor visa here to USA and get married here ?

    1. Is marriage between two non-immigrants valid in USA ? Can this marriage be registered here ?

    2. Will his greencard process be in jeopardy if he gets married during the AOS wait time ?

    Thanks



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  • vivache
    11-08 12:33 PM
    Hi there.
    I plan to go on vacation in Dec to Peru.
    I also need to get my h1 stamped.
    Has anyone stamped from Peru or some South American country?

    Can you let me know if any issues.
    The embassy has a number that gives access to a service where I can schedule an appointment .. but does not allow me to speak to anyone.




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  • Becks
    03-16 07:41 PM
    Your education evaluation is valid for a long period(not sure how long). I applied for my first H1 in 2000 and got education evaluation that time. Stamping didnot work out for me that time.

    I applied for new H1 in 2003 and submitted same education evaluation that I got in 2000. I entered US and used same edu eval for transferring H1. I did not have any issues.

    So you are fine. I dont know if this applies to all cases.



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  • JunRN
    08-28 08:45 AM
    They do random inspection on applications. Some people who have no work permit are being inspected if they are working illegally and some are found to be.....even if they do not accept pay or just saying they are volunteers.....

    I guess you're being inspected. If you're not working without a work permit, you should be ok.




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  • smsthss
    02-18 10:39 PM
    Has the LC/PERM been approved based on EB2 is the question? IF yes, you should also try for it and ask your employer.

    The new eb2 perm has been applied and pending.



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  • Lisap
    09-07 06:23 PM
    Thank you so much for responding! I appreciate it




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  • qasleuth
    05-18 07:44 PM
    Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?

    Firstly, very sorry for your situation. Seems to be very tricky. I am no lawyer so take my .2 cents with a pinch of salt. I think you are intertwining two separate issues. FMLA may protect you during maternity leave (you need to read the act to see if you qualify) BUT USCIS not approving your petition has nothing to do with your pregnancy neither does your employer. Your employer can terminate you on the basis of non-approval of your H1 not that he is doing because of your pregnancy.



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  • dxldad
    05-18 11:57 AM
    Did you apply for an H4 along with H1? You should ask this question to one of the attorneys, this is pretty complicated.




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  • GoneSouth
    07-05 12:23 PM
    Thought folks might find the following of interest:

    http://www.theglobeandmail.com/servlet/story/RTGAM.20070705.wmicrosoft0705/BNStory/Business

    Cheers !

    - GS



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  • webm
    08-13 04:02 PM
    Hi All,

    My PD is 1st Aug 2006. Am i IN or OUT?

    As per VB:

    The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.

    They stress and bolded "Earlier Than" so i am not IN???? :confused::confused::(:(

    No, you are not IN yet..sorry you just missed the window...It could be a chance for you in next Oct'08 VB..




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  • nixstor
    07-27 03:58 PM
    Unless it is a software error from the Joomla software, whats the point in having 4 threads on this?



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  • anilsal
    01-29 12:48 PM
    the second charge of "false statement" to the officer is? That will look negatively on the character of the applicant.

    In general traffic citations are minor misdemeanours. Not sure about fishing. But the second charge IMO is a bit serious.




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  • kprgroup
    12-28 10:05 AM
    Background OF Myself
    ----------------------
    a) Worked for Company A from 2003 to 2008.

    b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it

    c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).

    d) Employer A revoked 140 which triggered 485 denial in October 2008.

    e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

    f)Applied AP & EAD renewal ,got a EAD card September 2010

    g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?

    Question

    I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)

    1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?

    2)Can I have any chance of explain USCIS, by this rule below?

    ��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��

    Thanks
    KPR




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  • julsun
    07-31 01:58 PM
    Hi,

    We had been to Canada in Sep, 2003 for our Canadian residency stamping. While on our way back to San Francisco, US immigration did not stamp our passports or take back our I-94's. Prior to this trip we had been to India in March, 2003.

    Now I am confused as to what should be our last date/port of entry to US? I-94's/passport stamp still indicates our March, 2003 trip and Our Canadian PR stamp does indicate date PR was stamped in Canada. But there's not other stamp/proof on passport for our entry to San Francisco.

    Any pointers/suggestions?

    Thanks




    tanyas_21
    11-26 12:31 AM
    Hi :
    I had applied for H1 when from india apil 2007, and in may 2007 i entered US on H4. My h1 got approved in aug 2007 asking me to get the stamping done from india. My consultant applied for H1 amendment on sep 21 2007. Its 8 weeks now, still not got any reply from INS.

    1. I would like to know,how long does it generally take for h1 B amendment process.

    2. Since the amendment is taking a long, can i go to mexico and re-enter

    Regards,
    Tanya




    raysaikat
    08-24 01:35 AM
    There are two types of "scholarships": (i) taxable, and (ii) non-taxable. If the scholarship is non-taxable, which implies that it requires no work to "earn" it and it is not used for room-and-board and other living expenses, then you may be able to have that even while on H4.



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  • richasamuel@yahoo.com
    09-06 01:53 AM
    Raise has nothing to do with GC processing.Decision of Raise Limit is set by employer and promotion does comes with change in job description.Keep one thing in mind Corporations make profit out of everybody whether its customers or employees doesnt matter.Corporations exists to make profits.by the way do you work for non-profit organization ?? in that case things are a little different based on finanicial availability.
    Thanks,
    Richa




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  • ssdtm
    11-20 07:03 PM
    you should get receipt within a week, so there is not much difference in time.

    You can join new co as soon as USCIS recieves your petition, but most people play safe and wait until the receipt notice arrives.




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  • maxy
    02-24 09:12 AM
    Hi All

    My sister is planning to visit us here this summer. she is scheduled for visa interview next month. (me & my sister who is citizen ... are sponsoring her)

    little caveat, my sister has filed immigration file for her (about 2 years back...it usually takes 10-15 yrs for sibling family visa). just want to know anyone has seen or encountered such case. (in her visitor visa forms we have disclosed all this, meaning immigration file number n all)

    is there any specific question that they may ask....or does it make her in-eligible for visitors visa ?

    appreciate your help




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  • Pravan
    06-13 04:45 PM
    Thanks for the tip. I did figure out option "a" as the appropriate response since I do not have a prior EAD.
    BTW I read through your post...great stuff!! very helpful information!!



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  • krithi
    05-26 03:22 PM
    HI,

    I efiled on April 7th and got FP notice on April 15th or so with appointment date of April 30th. Hope this helps.

    I filed at TSC, which Center did you file urs?




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  • ca_immigrant
    02-05 01:41 PM
    Apologies if I should have looked this up somewhere within IV .
    Guess it is a simple question.

    What does a soft LUD mean ? I have often read that term on the forum.

    I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009

    On the I485 I think it is just that they transferred it from one office to another as the status says.

    =============================
    Last updated | Form number
    2/4/2009 | I131
    2/5/2009 | I485
    ===============================



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  • kothari_rupesh
    07-07 01:03 AM
    ^^^^^BUMP^^^^^ Please Anybody, time line with recent AP Approvals at NSC ?




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  • a1b2c3
    12-31 02:31 PM
    gc gives me flexibility and I intend to use it to further my career goals rather than keep whining about the bad economy.



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  • theOne
    07-23 05:51 PM
    Eb2




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  • prince40
    03-15 07:40 PM
    hi all
    I plan to probably file under the EB2 category soon- I know EB1 and EB2 can be filed separately, however can a EB2 regular and a EB2 with NIW application both be filed separately as well?
    Need to know this asap, so would appreciate a reply, Thank You!



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  • rockstart
    05-21 10:21 AM
    Would that be same as the finger printing date? ( approximately)




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  • blacklizard
    06-01 01:38 PM
    Oh parameterised constructor its not exactly function overloading its simply is parameterised constructor through which static polymorphism is implemented.



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  • Blog Feeds
    03-26 08:30 AM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh95tsCT3S4hwfU3bo2FkaNX3RvIyTfm4DneSMEjCW5gTRK34uwqf50Bi9QDNfjId_DAZ3OjbjvwGHLmN33LuAn78Yij67CDR_NfXuK5Zg2HBKCGLIwJ0wsGsqTvqSdQ1WARCSaJx1Cv5f0/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh95tsCT3S4hwfU3bo2FkaNX3RvIyTfm4DneSMEjCW5gTRK34uwqf50Bi9QDNfjId_DAZ3OjbjvwGHLmN33LuAn78Yij67CDR_NfXuK5Zg2HBKCGLIwJ0wsGsqTvqSdQ1WARCSaJx1Cv5f0/s1600/uscisLogo.gif)














    DHS has publicized initiatives to enhance the E-verify program here. (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=70beadd907c67210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) The initiatives include:

    (1) a new agreement with the Department of Justice that will streamline the adjudication process in cases of E-Verify misuse and discrimination;
    (2) an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E-Verify information; and
    (3) new training videos focusing on E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish.


    The DHS's fact Sheet answers questions such as when and why E-Verify will share information with DOJ, what information it will share, what videos are available and where, how the employee hotline will work, what issues it will address, etc.


    For more information on E-Verify, see my prior blog posts here (http://martinvisalaw.blogspot.com/search/label/e-verify).



    https://blogger.googleusercontent.com/tracker/2893395975825897727-4975328970061257470?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2010/03/dhs-plans-to-enhance-e-verify.html)




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  • priti8888
    07-20 06:47 PM
    Robern Ng and associates is also good.



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  • st_2006
    05-05 03:18 PM
    Mine was applied on 20th April. Still waiting.




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  • India_USA
    09-09 08:15 AM
    Isn't this the same argument one of the members said regarding the 500 visas not allocated to EB3 India last year?



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  • manja
    05-23 09:21 PM
    Yes but I was thinking, spouse and children are counted in family based visas and how exempting them will benefit EB visas. Correct me if I'm wrong. :confused:




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  • imhere
    06-11 12:28 PM
    Hi,

    I am not sure that you can help me in this or not, but I see you are pretty aware of the program I wants to ask about �MAVNI.�.

    � I am on H1B (exp- 2011) Wife/Son h4(Exp-2011)
    � Joining MAVNI Sep 2009.
    � F1 to H1 (Stamping Pending yet)

    I have couple simple questions if you can help me to give answer.

    1.As I will be in army training and they will adjust my status, but what will happen to my wife/son if they will be USA and their H4 want work as I want be no more on H1. And what will be their status during this time.
    2.What if I send them back to my origin country and after coming back from training/naturalization how much time you see it may take? Do you see any difficulty reentering them? What will be their status, once they reenter?

    About my background, none of us has any single criminal history except couple speeding ticket. :)
    I appreciate if you can through some light in this, which will help me to take faster decision for their accommodation and all.

    Thankful to you.




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  • arunmohan
    03-06 11:52 PM
    Hello:

    I have same question, please reply it.

    Regards




    snvlgopal
    02-05 04:41 PM
    Thanks Chantu
    Thats ok even if she doesn't have AP. That is perfectly fine. Don't worry her H4 is already stamped and she has time till next year. She is totally safe even if she does not have AP.




    factoryman
    02-13 08:13 PM
    We need a handle to kick start a similar plead. In the last one year and quarter here at this forum, I had never seen one that CIS has done injustice to us by mis-interpreting a rule or law or act. If somebody knows otherwise, please state and cite facts. The class action suit ("Schneider vs. Chertoff") was filed by Shusterman on behalf of a group of international doctors in response to CIS regulations implementing the Nursing Relief for Disadvantaged Areas Act of 1999. Section five of the Act provides that "any alien physician" can qualify for a green card through a "National Interest Waiver," provided they practice in a federally designated health professional shortage area. The National Interest Waiver program is intended to accelerate the hiring of international doctors willing to serve in such areas.

    In its regulations implementing the Act, the CIS stated that only primary care physicians, not medical specialists such as surgeons or radiologists, could qualify for green cards through a National Interest Waiver. The agency's regulations therefore eliminated the right thousands of international specialist physicians had to petition for green cards through the National Interest Waiver program.

    Thanks.

    Can Carl Shusterman help us get USCIS release the numbers allocated and how they were allocated?

    He below argued how USCIS interpreted the law and won

    http://www.earthtimes.org/articles/show/news_press_release,60087.shtml



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  • ravinaidu
    11-10 02:19 PM
    Guys: With economy in such a bad state, how do you think he can even think about the immigrants. People are being laid off every day. I can see anger building on the face of Americans when they see foreigners. It will be a while before our voices are heard.




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  • r_mistry
    12-10 11:20 AM
    Samething happened to me. On 11/25/2007 i saw a LUD on my approved I-140 (which was approved in Dec, 2006). And then LUD on 12/06/2007 and 12/07/2007 on I-485 for both self and spouse.

    Not sure what it could be?? I filed I-485/EAD/AP in late July, 2007. Have received EAD and have done finger printing. Have not received AP yet. Filing Center in Nebraska. My PD is October, 2005, EB3 ROW.




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  • marcom10
    04-23 12:49 PM
    LOL..ight kirupa. Thanks for the compliment~!.....

    later




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  • anu_t
    06-20 02:04 PM
    Hi

    My company is using substituted labor for me and applying for 140 and 485. My original LC which was pending just got approved. But the physical documentation is not there.

    But my company is saying that they will also apply for 140 for the original LC also. How is this possible? I'm confused. What will happen to the 485 (and the first 140) when they file second 140?

    Thanks

    Please be careful. some days back some of my friends caught up with this substitute LC and lost money. Please be careful before investing any kind of money esp if it is for desi body shoppers. USCIS is taking strict major and many substitute LC are getting rejected. so be cautious



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  • delhibaba
    07-24 05:04 PM
    I am about to switch to a new employer using AC21 and would work on EAD. I still have more than 2 years on my current H1B (i.e. I'm on 4th year right now).

    Can I re-use my remaining H1B in case I need to in future? Because in case my I-485 gets a denial (which shouldn't be the case) I would be out of status!

    My case:
    sub-labor, 140 approved, I-485 pending for more than 1 year now.




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  • BMP
    01-13 07:04 PM
    Send him a letter by certified mail and then dump the bloodsucker ! Noncompete agreements are very dubious in the first place so I doublt the employer would try to reclaim the loss.
    Also you can get a free initial consultation from a licensed lawyer, there are plenty of options here. At most he would charge you something around $200



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  • lfwf
    12-10 11:51 PM
    i would start by calling....




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  • Anders �stberg
    February 5th, 2005, 03:12 AM
    Agree on the eye, it's important to see that, and have a little catchlight for making the animal look alive. Only problem with the first shot is the branch behind the head. It's blurred a bit which helps though. The background is difficult to control - you take what you get many times with animals and birds.



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  • JunRN
    08-19 07:58 PM
    I think TSC is strictly screening all applications so that it will not be burdened by too many cases including incomplete application to be processed. Therefore, in the long run, TSC will be faster in approving or denying cases.




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  • lavanyamohan
    03-16 08:21 PM
    Thanks much for your valuable info


    great relief in deed



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  • parsu
    02-02 08:27 PM
    Should not be a problem. I used Cobra while I am on H1 and changed the Employer.




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  • desibechara
    10-16 10:52 PM
    Finally after numerous logins at USCIS, I saw today..Request for additional Evidence sent
    on my I140..I only happen to see when some other guy with Eb3 Pd2005 and Rd of August 15 got his I 140approval...
    so I logged in to see ..I too have LUD

    I wonder what it may be because I had sent all my W2s since my PD of 2001..

    My friend from my company had also received RFE for TAX papers last year. She sent it and was approved..

    Hopefully I am too..because I never changed jobs working for the last 8 years....and had prior necessary experience before joining my current job...plus 1 year in current job

    PD Oct 29, 2001, RD aug 8, 2007



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  • Steve Mitchell
    February 11th, 2004, 08:00 PM
    Nice shot Anders. Makes me a little dizzy to look at.

    Is postal address for e-Filed AP & EAD same ..... [Archive] - Immigration Voice

    View Full Version : Is postal address for e-Filed AP & EAD same .....





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  • brawn81
    01-27 11:38 AM
    Here is the link that I found. Americans think h1b's are not paying taxes. Ignore it was posted.

    Can Immigrants Save Social Security? By Edwin Rubenstein (http://www.zazona.com/ShameH1B/Library/Archives/SaveSS.htm)

    Conclusion Text:

    Foregone payroll taxes are just the tip of the iceberg. H-1b�s are entitled to every social service funded by U.S. taxpayers. They use our city parks, roads, and other infrastructure. And after working six years without paying Social Security taxes many H-1bs get Green Cards, qualifying them for Social Security benefits when they retire. No effort is made to collect back payroll taxes. And what about those American workers who lose their jobs, their health insurance, and Social Security points because companies prefer the cheaper H-1bs?.

    Thanks.



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  • gc_pd_nov_2005
    07-17 09:31 AM
    Greetings everyone.
    I ran into these forums few days ago and realized what I have been missing for the past few years :-). Anyway, my GC priority date is Nov 2005 under EB2 (India). I am very GC-illiterate in the sense that after actively tracking and monitoring it for a year or so after filing for labor, I kind of gave up on the fact that I was going to get GC anytime soon and moved on. Except for replying to lawyer's emails whenever I get them, I didn't really monitor anything else. Anyway, here is some additional information -
    1) I applied along with everyone else in July 2007 for I-485 and got my EAD.
    2) I went for VISA stamping in Hyderabad in Nov 2009 and got 221(g) (I had all the documents but you know how 221(g)s were given out at Hyd like M&Ms at that time) and upon lawyer's recommendation entered the country through AP.
    3) A part of my company was recently acquired by a different very large MNC and I chose to remain in the other half which wasn't acquired and we chose to do business as (DBA) as a different company. Lawyer said she took care of it on the GC app - I am guessing she filed for AC-21.
    4) I currently applied for a EAD (current one expires in couple of months) and AP.

    Long story short, my app status currently shows, "post-decision activity" -->Does it mean they already took the decision? Is there a chance something could go wrong in the next few weeks? I called the lawyer's office yesterday and they said I should hear from them in the first week of August and if the app status doesn't change, they will open a SR on my behalf around Aug 10th...

    Any help is greatly appreciated.
    Thanks a bunch!




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  • hybrid101
    11-24 08:01 AM
    that's so cute!!!



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  • H1Girl
    12-30 02:34 PM
    Hi - I am on 7th Year of my H1. My I-140 has been approved. My I-485 is pending for while plus my PD is not current as of Jan 09. In this case...

    a) Am I eligible to apply for H1 extension (I don't want to use EAD)?
    b) If Yes, will I get 1 Year or 3 Years?

    Thanks for your help...




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  • qualified_trash
    11-20 10:40 AM
    what do you think it means?




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  • ursnkk
    11-21 02:03 PM
    Hi,

    Thanks very much for taking up my question ,

    I got my visa from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
    When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
    VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :

    In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
    USCIS has again came back with the same issue of my previous H1 B.
    I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.

    Please advice me on this, any help fully appreciated.

    Thank you again for your anticipated cooperation in this matter.




    Gravitation
    07-10 09:20 PM
    Oct 2002 EB3
    It's a no-brainer.




    vadicherla
    02-22 07:29 PM
    Thanks Snathan for link