Friday, July 1, 2011

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  • anotheroneonqueue
    08-26 05:14 PM
    Following is my observation from my last H1B extension from Vermont.

    You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.

    My H1B has already expired. My only proof of H1B is the receipt of H1B renewal application.




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  • Libra
    07-19 08:57 PM
    Count me in for reimbursement - 100$




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  • CADude
    08-01 06:30 PM
    Tricky question? Only USCIS can answer. May be part of FAQ3..;)

    On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).

    Reached Nebraska Service Centre on July 26th.

    Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.




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  • simple1
    05-01 03:14 PM
    exactly, spouse/derivate doesn�t get affected at all (other than a shorter or longer delay, depending on calculations).

    Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.

    They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.

    If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.

    Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.

    Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.

    I support finding the fact...

    Following two concerns were raised but the answers should satisfy....

    1) Spouse may not get EAD/AP?
    The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
    Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
    The document only says that the visa must be used from family quota and not from employment quota.
    How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?

    2) Spouse may get GC long after?
    Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.

    In any case let the correct rules be followed.



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  • gcbikari
    04-21 04:40 PM
    I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!

    The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.

    Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.




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  • bvibhu
    07-19 09:43 PM
    Count me in...



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  • chandarc
    07-21 08:31 PM
    check.
    Yes, Please share the template.




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  • smuggymba
    07-20 11:25 AM
    Don't make stupid statements like this. It goes to show your intelligence and that you are an instigator. With statements like that you will alienate EB3 more. BTW, I contributed to DC advocacy and many other EB3s also did the same. That money apparently seemed to have have helped EB2 and not EB3.

    Regarding you comment on action, many IV leaders are EB3.

    It's more of a motivation to get up and do something. How much was collected? I know many ppl contributed but the contribution was very less...so u shut up ur hole or whatever language u prefer to use at ur home. My point was to do rather than posting. If u didn't get that, sorry.



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  • Leo07
    11-17 07:54 PM
    just
    1,747 Letters and Emails Sent So Far

    :(




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  • Quadrucle
    11-17 03:23 PM
    Done.



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  • Michael chertoff
    09-23 12:53 PM
    A lawyer posted this on his website

    Visa Bulletin Predictions and Updates from Charles Oppenheim
    September 23rd, 2010 | Category: Articles, News

    Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.

    We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.

    General Visa Number Trends

    Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.

    With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications

    Visa Bulletin Predictions � Employment-Based

    Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.

    EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.

    EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.

    EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.

    EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.

    Visa Bulletin Predictions � Family-Based

    Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.

    FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.

    FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.

    Conclusion

    Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.

    So basically . There will be no movement for EB2 india.




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  • ItIsNotFunny
    09-15 01:02 PM
    you got my support chief

    Come up with the plan commander!



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  • baburob2
    05-23 09:02 PM
    done emailing and webfaxing.




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  • GCMATRIX
    08-11 09:52 PM
    I know this not right place to ask this question . Please can anybody tell me how add a new thread.

    Thanks in advance



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  • pamposh
    09-15 11:48 AM
    I am happy to see some beginings here.. although we have had many many threads before for this kind of initiative but I see some difference here... Like some others said we need to draft an action plan from A to Z here (understood that it may not be exactly what we would be following over time but), we need some roadmap to follow to reach our target.

    I like the idea of collecting info about who is willing to contribute and I am all for it.
    btw, option 1 is not an option for me.

    Pamposh




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  • Saralayar
    08-27 10:35 AM
    Through other thread in this forum, I could see some July 17th filers are getting receipts and their checks getting cashed.



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  • ddeka
    08-11 11:05 PM
    I just got an email (not magic though) about EAD renewal approval. It was paper filed on 14th June. Not sure if it is for 2 yrs or 1 yr with my priority date current.;)




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  • FrankZulu
    08-20 02:37 PM
    For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.

    I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.

    You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.

    -------------------------------
    In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
    -----------------------




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  • viper1400
    02-11 06:54 PM
    IV,

    I know you don't want us to use paypal - but I think that might be delaying lot of contributions.

    Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.

    Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.




    alias
    08-18 03:01 PM
    [QUOTE=java4yogi;279264]After reading lots of forums contributors, my 2 cents :

    a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.

    As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!

    QUOTE]

    Yes, couldn't agree more...




    sankap
    07-09 09:34 PM
    Supreet:

    Based on my extensive research on the topic:

    1. You can safely take the 1099 contract offer on EAD. In case of an EVL RFE, your recruiting company (the one giving you paycheck) should be able to give you an EVL. As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary (unless specifically asked for). You do *not* need to provide any paystubs.
    2. For salary received on 1099, you'll file taxes as "self-employed." IRS website has extensive resources on filing as self-employed vs. LLC.
    3. Under corp-to-cop arrangement, you need to have a tax ID. Many clients/"bodyshoppers" will only consider a C2C arrangement. You can either do this by setting up your own LLC OR by incorporating (as a C-corp or S-Corp--again refer to IRS website or PM me if you need more info) OR through another corporation (e.g., on someone holding your H1B (you being their W2 employee)--not needed in your case). You can file your taxes as a "Self-employed" on any of these options, and can also claim deductions on job-related expenses (e.g., mileage, travel+lodging if you're traveling out of town)--so these options are monetarily better than being on W2, which is working not as self-employed.
    4. You're never needed to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.

    Bottom line: Go ahead with this opportunity on 1099, report this income as "Self-employed," deducting any job-related expenses, and ensure that the recruiting company will give you an EVL *if* needed. I'm *guessing* that if self-employed, you can also write your own EVL (stating start date as your W2-job layoff date and a "projected" yearly income, if asked for). In that case, registering your company with the county (~$20) or opening an LLC (~$400) may help. Last, no need to "file AC21" or inform the USCIS of your job change, since it's not required.

    Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.

    However, a few follow up questions.

    1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?

    2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?

    3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?

    Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.


    Your help is highly appreciated.

    Thanks!!

    - S



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