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  • desi485
    11-20 06:01 PM
    Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.

    I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.

    Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.

    Folks correct me if I am wrong

    Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.

    http://immigration-information.com/forums/showthread.php?t=5293

    "As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.

    There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.

    While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.

    If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."




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  • GayatriS
    01-05 10:34 PM
    So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.

    I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.

    What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.

    Lets not fool ourselves at least!! We need to learn to accept the truth.




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  • yestogc
    06-11 08:16 PM
    Who is this guy selling mangoes ?
    Admin, can we have any control on such posts.




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  • lazycis
    11-20 01:11 PM
    Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
    See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
    http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
    EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.

    See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:

    http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html

    "The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."



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  • Green.Tech
    05-25 11:28 AM
    Stay on top!




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  • GayatriS
    01-05 08:06 PM
    I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.

    Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.

    I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.

    Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY

    Gayatri



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  • Saralayar
    01-03 05:40 PM
    I also got email confirmation today for AP document mailed on Jan3.

    I filed on Aug 7 or 8th.

    db
    I also got the same message. But it says document mailed and not as Travel Document approved. What does this mean?. IS the AP approved or any RFE on the AP??:confused:




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  • nk2
    07-16 09:24 AM
    Paid 50$ thru DCU Bill pay - conf number 7YHRV-XC1JL



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  • vparam
    10-11 06:33 PM
    vparam...

    Thanks for your detailed anwers.

    have you opened your own LLC currently while on EAD?
    Yes, Opened and have done business worth 10K :-)




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  • aadimanav
    06-10 11:28 PM
    Source:
    http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html

    AILA just published the following information that they received from the Visa Office:


    Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China!

    Cite as "AILA InfoNet Doc. No. 09061032 (posted Jun. 10, 2009)"

    Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 � months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:

    * The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.

    * The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.

    * The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.

    * The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.

    * The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.

    * EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.

    * EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.

    * EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.

    * EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 � months of FY2009, and a lot could change between now and early September when October dates are established.

    * There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.

    * There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)

    * There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.

    * Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.



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  • gc78
    07-15 01:18 PM
    Just sent $25 via BoA - Conf#7YF49-5GB9R

    Total contribution to date - $225




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  • 485Mbe4001
    08-15 11:50 AM
    True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.

    We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.

    What are your thoughts?


    actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact



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  • PD_Dec2002
    03-18 07:43 AM
    The upper limit should be on a per state basis, at the very least. 150K AGI in CA is not much of a deal. Pretty much all double income families will cross that limit, and quite a few single income ones. Bummer!!:mad:

    BTW, you can barely afford a Condo or a low end home in Bay Area for 150k AGI.

    I agree with you completely. But note that the amount of rebate starts phasing as your AGI goes north of 150K. I'm in a similar situation and not getting the rebate at all. But the way to approach this is (at least that's how I am consoling myself) "Because we make a lot of money, we are not getting this rebate. Would we prefer to make less money just to get this itsy-bitsy one-time rebate?"*

    And anyway rebate-on-a-per-start-basis would be a logistical nightmare for IRS given how competent federal goverment bodies are... ^^^ detect heavy dose of sarcasm here ^^^

    Don't even think of proposing that idea to IRS. The next thing you know, these rebates will be backlogged. And in 2012, there will be a TaxRebateVoice.com suggesting administrative fixes/law changes to get the 2007 rebate! :D

    Regards,
    Jayant

    *The only exception is the AMT where people in the middle-income group are being unfairly snared because the antiquated 70s law was not pegged to inflation.




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  • learning01
    04-25 09:30 PM
    We are not changing laws, we are petitioning. We are educatiing the various sections of American society, lawmakers, fourth estate.
    We are asking for the rationale for collecting the Social Security Tax and Medicare, when you don't get its benefits. Pure and simple. You see, we are resident aliens NOT LPRs (Legal Permanent Residents a.k.a Green Card Holders).Benefits for which you are paying social security tax, you are not eligible while on H1. So, please don't use extreme words. When illegal aliens can demonstrate and influence law makers, what is wrong for legal aliends in writing to lawmakers, newspapers etc.
    If you are laid of, will you get unemployment benefits? Job retraining. No, You are out of status. So, is it incorrect to ask for this? I am not talking about Income Taxes. Go and look at my posts. I am a strong advocate of core IV goals.
    In this thread, instead of asking impractical PD dates, I suggested why don't we question the collection of SS and Medicare tax from H1 workers?
    This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.



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  • sayantan76
    01-05 10:33 PM
    I never came here to study. Have you heard of IIT/REC's in India. I understand there are other colleges/universities in india which your are describing here or u might have studied there but same is true for US as all universities are not A grade. There is a way to tell the fact, not to exaggerate and that too by an indian. if an american say this i can understand that he is ignorant about the facts.

    Anyways all the best for Green Green Card. I can understand the desperation
    i agree with you Karan and totally disagree with Gayatri. I routinely interview undergrad and MBA grad students on campus from top 10-15 universities/ b-schools in US for my company's management analyst and associate programs.

    I do not find any material difference one way or the other in the quality of output between here and India (i cant speak to MS or other grad programs). Just because we are here does not mean we have to go out of the way to either short-sell our respective motherlands or indulge in trash talk about our home country to make us look more "american". And FYI - quotas are no different from affirmative action.

    In fact, i read either in NY Times or Wall Sreet Journal a couple of days back that Japan is now "in awe" of indian basic school education and latest fad in Tokyo is Indian schools or schools that use Indian teaching methodology and employ indian teachers.




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  • northstar
    09-11 10:44 PM
    Contributed $200 just now through Google



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  • lkrastogi
    03-17 09:18 PM
    Guys,

    The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.

    So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.

    Thanks

    Not if you file a joint return




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  • mirage
    07-05 10:47 AM
    I think every body should write/Fax/call their Senators and congressman/congresswoman even if they are lamar smith, sensenbr..




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  • indio0617
    03-09 09:54 AM
    How many senators are present in the meeting today ?




    dval_dpal
    12-11 07:26 AM
    I got my loan approved in April 2010 from Wells Fargo, the under writer created some problems but my loan officer gave them references of prior loans getting approved for people on AOS so it worked out well in the end. I know a lot of people who's loans were approved (both conventional and FHA) and were on AOS. All the best hope everything works out well for you.


    i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).

    could anybody please tell me what to do now?

    thank you:(




    peacock
    07-18 06:14 PM
    hi
    Contributed 100 dollars today and will be contributing more in the future.
    We should all contribute to strengthen IV .
    IV CORE ROCKS



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