Saturday, June 18, 2011

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  • chanduv23
    09-16 12:04 PM
    Thank you Nagireddi and Nagaraj for those quick shots. It is definitely a good start. Folks, this is a long round, so please step up and fire your shots. While we are still waiting for the Guest lady/gentleman from the West Coast, please take your shots; everyone is welcome.

    I will be stepping out for sometime so please be kind enough to bump this thread if it goes off screen.

    Trying to bring legislative changes in the most powerful country in the world through grassroots movements is not an easy task and we are moving mountains here.

    We appreciate each and every single contribution.

    THANKS FOR ALL YOUR SUPPORT AND HELP - YOUR BIGGEST HELP AND SUPPORT IS TO MAKE THIS RALLY A SUCCESS




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  • gbof
    02-08 01:59 AM
    Unfortunately, I had to deal with my so-called high society, dim-wit, shame-less, tradition-less-good-for-nothing in-laws (my wife's parents n all). They wanted me to run their family too and were becoming a kind of big emotional/medical liability and financial burden on me (although, they had ALL resources and I assume LOT of money too. After tolerating and caring for nearly a decade, I HAD to DUMP them 9-years ago (after I landed in US) as they were becoming too much for me. They will care only for their own-self (will never bother to see even if you like it or not), will never care if it will be convenient to me in high demanding professional job. They will never shy an opprtunity to brag, steal/rob credit for anything even not remotely linked to them and were simply loose-mouths.

    They could dare not to open-up again. But this 'Dumping' slowly and gradually has affected my family life. I really donot understand what tradition-less craps in the society there or here finally gain...If they are not capable of rejoicing the prosperity of their own daughter's family. I believe, it is actually not so common as any normal well thinking individual will never ever do this. I can never think even in worst of my times, if I can do any of that stuff to my two growing up daughters. Well this is first-ever I opened my heart anywhere..

    I only pray 'God bless our family (GBOF)' as you see in my IV-handle
    ..gbof..




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  • marwan234
    08-24 01:07 PM
    My wife is on H4, i'm on H1B. She applied for DL renewal and was renewed for 1 yr.
    They accepted visa, passport, i-94, and H4 renewal receipt notice.
    They gave her one year from receipt notice.
    What a relief. i was worried they would not accept it.
    That was in Sterling VA DMV.:)




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  • illinois_alum
    08-12 12:36 PM
    Not true. Whatever they can outsource, its already gone. There are certain position where the clients demand onsite resource. I am not supporting this bill in anyway, I hate infy as much as I hate this bill. Remember these companies did not leave any stone unturned, milked the client every possible way and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.

    This was a practice only done by TCS a few years ago. And even that has stopped now (albeit because of a lawsuit filed by some employees)



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  • nk2006
    10-21 05:24 PM
    Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
    Thanks Ramba for your insights.

    Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.

    So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.




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  • yabadaba
    07-11 07:47 AM
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  • learning01
    04-26 09:58 AM
    You stated dual intent immigrants. In letter and spirit.
    That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.

    Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
    It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.

    Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)

    Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D




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  • GCBy3000
    01-03 02:11 PM
    I am confused and think about this daily. I am here in US for the past 8+ years and I am 33 now. All my friends who have stayed back in India are in very good managerial position and earning well. Money is not the issue now, but the career.

    I thought about going back to India and when I started the job search, I ended up seeing myself aged out. Being stuck with my GC, I am now continuing as a Sr Software er for the past 8 years. I did not move up an inch all these years and I did not think it is going to affect my career till now. Now if I look back, I sometime think that I have made wrong choices unknowingly.

    In India:

    1. I am not fit for Sr Software Er position as guys from college with 2+ years of experience fills that position.
    2. I dont want tech lead / team lead as I hear from my friends there it is going back 5years for me for my age.
    3. I am not getting project manager position as I do not have any managerial experience.

    If I get a good position in India, I am ready to go back. At the same time, I have two kids who are born here in US and I own a house (technically I am proud owner of mortgage debt not house) here in US. I have to close all my debts before I decide to go back.

    I AM NOT IN CLEAR STATE OF MIND. MAY BE GETTING GC WILL HELP ME OUT.



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  • eb3_nepa
    07-14 05:20 PM
    Done!
    $11.00
    BoA C# 7YBHX-VPQKG
    Don't ask me the reason why $11 ? Let me clarify; the amount of $11, $21, $51 ..etc...are called lucky amounts...

    I agree :)




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  • msp1976
    02-27 10:10 AM
    ..
    we have to convince the PBEC working folks that it is in their interest ..to finish by Sept end...
    I am thinking about fax them a letter like this.......

    PBEC center has not performed well enough until now...This year some form of immigration reform would be passed..When that passes, there would be a lot of work in terms of immigration processing/legalization..If the PBEC/Exceed does not shape up and complete by September...We would urge the congress not to give Exceed corporation any further federal contracts..


    Only thing is my application is stuck in there and I donot want to put my name there because every dog/bitch has nuisance value...



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  • bkarnik
    04-26 09:38 AM
    bkam,

    I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah… like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON’T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.

    So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.

    Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)

    Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D




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  • addsf345
    11-19 01:26 PM
    One more update: Found another thread on RG's forum. This one is very specific.

    http://immigration-information.com/forums/showpost.php?p=25447&postcount=7

    Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21

    --------------------------------------------------------------------------------

    Let my try to clarify my answer, since I didn't do that good a job previously.

    An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.

    For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.

    In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.

    Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.

    desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???

    is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.



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  • tapukakababa
    03-10 01:33 PM
    I have some questions?

    1. Can you work for your wife and also get paid in check? or I will have to go for cash payment?
    2. Can I have a second job in my wife's company and retain the original job?
    3. Can I have a different occupation in my wife's company which is totally not related to my original job role? and then can I get paid in check or cash?
    4. Can I work for my wife's company and instead of me my wife gets the check? Is that legal?

    Thanks.

    For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.

    1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.

    2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....

    3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....

    4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....

    5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant

    6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...


    Hope I have been able to answer your questions....:cool:




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  • vin13
    03-12 03:33 PM
    Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.

    Are you part of core?

    Can i take that core will not even give out information on what efforts it is lobbying currently?

    I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:



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  • Humhongekamyab
    02-18 04:27 PM
    Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.

    No we are not. I work for a company which has only filed two PERM since it was incorporated. Nice to know our priority date is same. Stay in touch - let's see if they approve our applications around the same time. All the best.




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  • diptam
    08-20 03:51 PM
    Folks,
    I sent the email with almost similar content as the hardcopy letter we are talking here and CC 'ed the email to USCIS-COMPLAINT@DHS.GOV as well.

    My Subject was : "Complaint about Unfair and Haphazard EB3 I-140 handling at Nebraska(NSC)"

    Also i just noticed that USCIS account where i CC'ed came back with a "Out of Office Autoreply" and in the out of office message they said its an inactive account - blah ! blah !.... which gives me a feeling someone is definitely reading the account and its pretty much active but just to avoid burden of replying emails they utilized ( rather mis utilized) the feature in a very Naive manner.

    Did anyone else received any reply - i'll post if i receive any reply.

    By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.

    cisombudsman.trends@dhs.gov

    Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !



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  • go_gc_way
    12-17 03:06 PM
    Hi all .. I am not writing this post to disagree with any one on any thing. I am very respectful of the members who participate this forum and write their suggestions/comments/ideas... Specially when I know people who are facing the same problem but do not make any efforts to solve it or join IV.

    In the same lines .. my opinion , we probably need more followers and implementers who can direct IV core suggested plans.

    Actively participating the Forum and visiting the web site regulary is one of the actions called for from Pappu (IV Core), you are all doing, I did that. There are other action items that need be implemented by who ever has ability, time and can direct others.

    BOTTOM LINE, YOU FOLKS BRING UP INTERESTING IDEAS AND DEBATE TO THE FORUM .. PLEASE KEEP IT UP.




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  • nandakumar
    05-29 02:34 PM
    vadicherla has contributed $100 and updated the old contribution thread...




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  • gova123
    08-02 05:33 PM
    Bumping ^^^^^^^^^^




    prinive
    07-19 02:20 PM
    This is what I heared even before the flower campaigns started.

    it seems they are planning to honor the July VB and make chanes in Aug VB. So I guess they will accept the applications in July. :rolleyes:




    ramus
    07-06 12:20 PM
    Thank you.. I am sure this thread is going to get more and more visits..

    I have changed the thread title.



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