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  • chi_shark
    10-16 12:27 PM
    look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".

    my 2 cents.

    may be not related ... but can someone explain what does this line mean ...

    The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....

    anyone ?




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  • raydhan
    06-13 01:49 PM
    Hello everyone,

    I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.

    camberiu,
    Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.

    Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.

    You better log off and watch Brazil-Croatia in 10 minutes.




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  • sparky_jones
    10-05 10:49 AM
    Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
    No, this is basically the left arm of the government not knowing how the right arm does its business.




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  • pmat
    02-15 11:20 AM
    There are 2 kinds of posts...(1) Which add value to the forum. Threads started for 401K, selecting a lawyer etc add value since they attract new members. (2) The second kind of posts are the ones initiated by people who want to ask questions. This questions tend to be serving individuals.

    I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows

    1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
    2. Anyone can post answers to existing threads.

    By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.


    Don't think that it would work... people will start asking questions in existing threads instead of initiating new threads for questions. So the number of irrelevant posts in threads will increase. I can't think of any way by which it can be enforced. Also, people who don't want to pay any money will easily find other free sites to ask their questions.



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  • gc_peshwa
    02-04 11:21 AM
    Dear "ivar" congratulations on getting greened! I humbly request you to be with us till you can :D




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  • toprasad
    06-10 12:39 AM
    Received RFE for primary applicant (myself) and spouse.
    Please submit evidence of lawful presence from October 1998 until August 17, 2007.
    The documents may include the following:
    A) a photo copy of form I-797 for all extensions and change of status
    B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
    c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record

    Below is my immigration timeline

    CLASS ------ VALID FROM ------ VALID TO ------ Comments
    H1-B -------- 5/16/1995 -------- 5/17/1998
    H1-B -------- 5/17/1998 -------- 5/17/2001
    H1-B -------- 12/23/1999 ------- 6/30/2001
    H1-B -------- 7/1/2001 --------- 9/30/2001
    0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
    EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
    0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
    0-1 --------- 4/3/2007 --------- 3/13/2010
    0-1 ---------- 5/2/2207 --------- 5/12/2009

    After 1/15/05 (EB-1 denial)
    - Left the country on 6/15/05 (less than 6 months)
    - During this time, applied for O-1 visa and got approved
    - Got visa stamping in Chennai with O-1 visa
    Do you see any issues with my response ?



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  • venky80
    06-15 07:43 PM
    I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
    If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
    Has anyone else gone through this confusion? What are the things to keep in mind?
    Is there a special need how the job requirement should be?
    Please advise.
    Thanks




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  • inspectorfox
    11-04 07:42 PM
    Congrats...I see hope from your case.
    My case still remains stuck in security check at USCIS TSC...395 days and counting :)



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  • desi3933
    09-05 05:53 PM
    Thanks, nice reply.

    Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?

    If I go with C-Corp, shall I liable to $800 as well, any ideas??

    What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.

    Thanks in advance.


    The minimum California franchise tax is the amount a California corp must pay the first quarter of each tax year whether it is active, operates at a loss or does not do business. The current minimum tax is $800.

    The $800 tax payment is not due during the corporation's FIRST tax year. The first $800 minimum tax is due on the 15th day of the 4th month of the corporation's SECOND tax year.

    Please note that LLCs are liable for the minimum franchise tax in all years (no two year exemption for LLCs).

    Please check details with California Franchise Tax Board. The web site is http://www.ftb.ca.gov

    *** Disclaimer - This is general info and use it at your own risk *****

    ____________________________________
    Proud Indian American and Legal Immigrant




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  • kumar1305
    03-24 03:12 PM
    I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported


    How did you board the plane with out a passport? Which country let you in with out it?



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  • ita
    11-20 04:50 PM
    My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.

    How do you know AP is approved for multiple entries?

    I thought AP in general is for multiple entries.

    Is there a way to tell from your approval notice it your AP was approved for multiple times?

    Thank you.




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  • desih1b
    05-01 10:17 AM
    I think you can file a new LC with new employer and recapture the old LC priority date or if the previous 140 is still valid (not revoked) you can file for I485 using that 140 with that employer.

    Better consult an attorney. before talk to the old lawyer and get all necessary info.

    all the best.



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  • chanduv23
    03-27 09:52 AM
    My wife is currently on a H1b doing her residency. When she was on h4, she wanted to do research or observership on a voluntary basis so that she can get some good letters and also have her name on papers and journals.

    She got into a research position as a "research volunteer" at Emory University in Atlanta and was an unpaid volunteer. After getting into that position she figured out that the department was actually advertising for that position for a "research assistant" position - which is a salaried position but they could not really find people to fill that position and because they found her promising and did not want to lose her, they offered her a research position.

    Without her knowledge she was a regular worker and was dumped with regular work like a paid employee (though she was not paid). They stressed her out and not flexible with hours and never allowed her to study for USMLE etc... and were expecting her to continue that way for 3 months she worked and worked. So I interfered and stopped her from going there, and we wrote a strong letter to the Head of Cardiology at Emory, who got pissed off because she was not aware that the position was not being paid and the department did not officially want to acknowledge that they did it. So they called her to the department and "WARNED" her not to have any kind of communication and not to step into the department or talk to anyone for any reason. We got pissed and we strongly requested for a "Research Experience Letter" which they told they will mail us. We never recieved any mail for 3 months and then one day we called heer superior doctor and blasted her on phone and she in turn blasted us saying we must not call her. Then after a few weeks, we emailed the department politely asking for a experience letter and pleaded them and used a lot of sugar coated words with a lot of A** Ki***" and finally we got a decent letter. Then after a few weeks, the department sent her an email asking her if she still wants her name to be on a paper she worked on, she replied she wanted to. Then they responded that it is not possible to have her name as she was never working there and in future there must not be any communication from us.

    The reason I wrote all this is : Most of you people seem to be desperate to work around the system for your benefit. As people do it, it becomes a mess.
    Ours was a genuine case and see how an organization like Emory can do whatever they want for their advantage.

    So it all depends on the kind of people you deal with - if you want to work on h4 just for sake of experience - expect the unexpected.

    Most skilled immigrants are capable of doing great work if allowed to do but we are unable to do it , and organizations that break rules (Desi consultants or Microsoft or Emory or anyone for that sake) - will have only one motive - to exploit your skill and get the work done. In case of any issues, they will "scapegoat you" and make themselves look clean. So think twice before get attracted to breaking rules.




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  • nc14
    02-18 03:41 PM
    So, if one is going for Intemized Deductions, can we actually put the expenses that we have incurred for 485 filing (lawyer fees + fees to USCIS) as deductions?



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  • tabletpc
    11-29 04:45 PM
    Thanks everyone..i will send it 2m with bank draft in C$.

    its better to have plan B...




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  • santb1975
    02-14 12:47 PM
    We need help



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  • abhijitp
    01-24 05:19 PM
    ^^




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  • Jimi_Hendrix
    11-02 02:41 PM
    cases where I140 is approved and I485 is pending for more than 6 months i.e. AC21 cases? I think in these cases you can move to a different state. Can anyone validate this?




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  • masouds
    08-30 02:49 AM
    Hi frnds,

    I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.

    Tanx.

    You sure you want to go there? People talk tough (use f word, b word and Samuel L. Jackson's favorite word a lot to create an impression of "Don't you mess with me I am one tough guy"
    Is he bad with H1-B people only or everyone regardless of their race/background/favorite color/etc?
    Before you do anything, consult with a lawyer. In most places, you can complain to your boss' boss, or to HR. But please do that after talking to a lawyer (labor law). In some environments it is normal to be like that.
    having said that, have you tried to find out what his real problem is? (assuming he is a he. )




    Berkeleybee
    02-14 03:06 PM
    Thanks for the link to the 2005 report, Arihant.

    Will look for stats for the next iteration of the presentation.




    amsgc
    09-02 01:11 AM
    Thanks for collecting the data.

    Assuming that:
    - The above people also voted in the recent EB2I Poll (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/414123-poll-to-sample-pending-eb2-india-pds.html) and

    - The ratio of EB2I applicants who post on IV to total EB2I applicants is 1:100

    Then, the USCIS approved roughly 1500 apps today.

    Also, since EB2-I was at 2002 a few months ago, it means that these are only spill over visas. If this year is like any of the previous years, then EB2-I should get another 10,000 or so. This should be enough (based on the recent poll) to flush out almost all EB2I 2004 and prior applications.

    Immigration Voice:

    NSC:

    cokeraj Jun 2004
    sjagadeesan Jun 2004
    nni123 Aug 2004
    Nashim (co-worker) Nov 2004
    aachoo Dec 2004
    kurtz_wolfgang Dec 2004

    TSC:

    ganesha Apr 2004
    NolaIndian32 04.30.2004
    inskrish May 2004
    Tortoise May 2004
    GCWhru (dependent) Sep 2004
    lotus26 (dependent) Sep 2004
    adriansquare (NIW) Oct 2004
    GCNirvana Dec 2004
    mpek Dec 2004

    Service Center Unknown:

    arav_m Dec 2004



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