Thursday, June 9, 2011

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  • chanduv23
    10-21 03:08 PM
    Though the denial of this MTR is against the law by USCIS, one must consider following.

    AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.

    I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.




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  • bkam
    01-31 03:04 AM
    Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!

    Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.

    The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.




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  • smc
    07-23 10:11 PM
    Congratulations, enjoy it!




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  • nitinboston
    06-11 12:32 PM
    Instead of ruining our life running after GC, here are few options

    1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
    2) cash out your investments and move to India. you might end up back in US on L1 :)
    3) since some of us have had babies here, wait till they can sponsor you.

    i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.



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  • chi_shark
    06-11 12:56 AM
    if the orignial post on this thread is really true, then eb2/eb3 india/china with p.d. older newer than 2002 should basically pack whatever they have so far and leave... is that a fair reading? does anyone care to ammend my statement to perhaps "newer than 2003 [or 2005]"?

    At least this clears up any hopes from future Visa Bulletins. What's next?




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  • gbof
    02-08 08:32 PM
    you need to stop getting answers from others and solve this problem amicably with you wife. There is nothing better than a one-one discussion with her.

    Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.

    Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.

    You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
    Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.

    These are somethings that you folks should have thought by now and discussed. If not, then you know now

    Please, do understand proper communication is not possible in circumstances like this and that is th root cause of frustrations ( I know it because I am still going through this). Also with a baby to think or ask for job require lot of intelligent planning at home.



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  • eb3_nepa
    03-12 10:38 AM
    Hi Guys,

    I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.

    How does one become a "Donor". I have donated to IV SEVERAL times in the past.

    IV has started a donor Forum for contributing members.

    http://immigrationvoice.org/forum/forumdisplay.php?f=109

    Our monthly subscription based model will help members get access to this area for that time period. In the coming days we will be consolidating all previous subscribers who are continuing their subscription at present to be added as well. If you are an old continuing subscriber, and do not have access, do send an email to info at immigrationvoice.org with your name, email, amount subscribed every month and your IV ID. We will verify it and add you. If you have given a one time payment this month more than $25, we will be dividing it by $25 and the system will calculate the number of months you are subscribed. If you have the old $20/month subscription, please continue that. We will add you in the Monthly subscribers as well.

    If you wish to subscribe, please click on the donate now link, adjacent to the green progress bar above and subscribe.

    From now we will post IV updates on the donor forum so that members who contribute get the privilege of getting the information. If the information can be released for public, we will release it on the main forums after a delay. Donor forum will have the first access to the information. All donors will be identified by a 'donor' status in their profiles instead of junior/senior members.

    If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.

    Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.

    Thank you for your continued support




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  • DSJ
    07-06 02:11 PM
    Make sure you don't have internet in that area :D (You might accidentally login here are ruin your vacation)

    coz we need some place to go for vacation ;)



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  • vin13
    03-12 04:20 PM
    As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.

    I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.

    I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.

    I know I am out of the rat race, so if you think I am being patronizing, my apologies.

    I agree with you. I admire your involvement with this effort even after you got your GC.




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  • sroyc
    07-11 01:25 PM
    There could be two reasons for this huge forward movement for EB2.

    1) They want to minimize wastage by making more visas available for CP.
    2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.

    Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!



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  • newbee7
    07-05 11:23 PM
    Thank you, Saimrathi!




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  • santb1975
    05-27 12:00 PM
    hmmm



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  • immi_twinges
    07-20 03:31 PM
    She recently announced in her campaign that she will increase the H1B visas
    She also made a statement that she will try for more benefits for permanent residents.

    She does not want to support only the people who are in the process of immigration???

    Whats up with that.

    May be she is afraid of Lou Dobbs...Recently he has been criticizing her for her Indian ties

    or may be she is pro Rich Indian Americans ... this might sound ridiculous but her voting ney is crazy

    They always comment about us stealing the middle class jobs...tell me one case where they don't prefer US citizen over immigrant.
    I have been interviewing for couple of companies ...the first question they ask is ...Are you US citizen 2nd question r u Permanent resident ..no..
    Then we are sorry.

    Companies do not prefer US citizens over Immigrants...I don't know where this misconception comes in to play...
    There was a guy in our office who used to complain about Chineese and Indians stealing jobs...Believe he is a big slacker ..he recently got fired...people like him form these programmers guilds.

    We do not work for less and we are not paid less...may be they deduct our Gc expenses but not much

    Why is there a misconception about us?

    Lets get this thought out of these bone heads

    We are not middle class job stealers...We are the building blocks of a strong middle class




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  • senthil1
    07-05 01:31 PM
    Still some Senators does not understand difference between H1b issue and GC backlog and how can they understand the Administrative issue like this. But Congress women Lofgren will get reply for her letter from DOS and USCIS.

    I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.

    We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.



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  • reddog
    03-12 03:45 PM
    All, lets not waste energy in negative direction. Not going to help us anyways. Reddog, why don't you contribute for obvious cause of FOIA?

    I already did. I just dont like this DONOR based thread idea. for reasons already stated.




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  • javaconsultant
    10-11 04:33 PM
    vparam...

    Thanks for your detailed anwers.

    have you opened your own LLC currently while on EAD?


    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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  • sunny1000
    04-30 04:54 PM
    This is the style of the officer of USCIS of America!

    Some idiot gave me a red for asking for this translation...Whoever that is, please note that not all speak Hindi and I wanted to know what the poster was saying. So, go screw yourself if you don't like it.:mad::mad:




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  • tinamatthew
    07-23 12:05 AM
    OK!
    Where are you schedule A? Come on, join this forum, share your opinion and propositions!

    Do all agree that "bridge bill" is the only real helpful measure for us? Or you can show us some other ways?

    I mean let's set at least one goal!

    After that we can establish what we have, and how we can make it real.

    Anyway, it might be quite difficult to organise such a work group, because the majourity of schedule A are outside the US, and on CP... But we all have our emploiers and attorneis who could help us to lobby our interests in the US.

    What do you think about it?


    WELL SAID CHISINAU




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  • xyzgc
    02-09 07:05 AM
    Wow, there you go! How come it becomes not 'stupid' when a girl spends husband's money to support her parents?


    This, effectively, means that if the girl stops earning for any reason such as pregnancy or is unable to earn, she immediately forfeits the right to send money to her parents. This is the most illogical statement I have ever heard.
    And it also means that for any reason, if a girl remains a house wife, she has no right to send any money to the parents like you, as the earning member, do.
    This is the very strange attitude that may get a marriage in trouble.


    Why shouldn't a husband send money to his parents from his earnings? The husband and wife can talk about it and based on circumstances take a decision.
    BUT if the girl takes for granted her rights to spend for her parents from husband's earnings, then it becomes an issue!

    Did I even say husband shouldn't send money to his parents from his earnings?
    But shouldn't that be also need-based? How come it is the right of the husband to send any amount of money he wants to his parents without the wife complaining and how come it becomes a case of "taking for granted" when a non-earning wife wants to send money to her folks in need? This is a hypothetical situation and nothing to do with OP's case.

    And then how is it we, husbands, are the first ones to start complaining when our wives don't get a share of our in-laws property following their demise?

    And tell me then, following a divorce why are there laws which require you to split your net worth evenly with your non-working ex-wife? Is that acceptable to you then or you want to put forth an argument that "hey, we don't have a child and she is no longer my wife and so I am not obligated to give her a dime"




    skakodker
    02-25 12:53 PM
    It is easy and potentially justifiable to feel some frustration. As it relates to the green card, I am in a similar situation to most who visit and share their views on this board.

    I view the Universe and everything that is contained therein to be perfect - there can be no imperfections. I find comfort in that thought and focus my attention on the following:

    feeling grateful for all that I have; doing my work to the best of my ability; taking the risks I believe I should take; being resilient; enjoying my life more; being patient; caring more; comparing less

    This is merely a statement of my beliefs - this works for me. It is not intended to offend anyone nor is it a solution to anyone's woes.

    Good times, health, and happiness to all.




    ganguteli
    06-11 03:08 PM
    I keep reading we should fight for out rights and all. I am just curious
    where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
    And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.

    We are fighting against anti-immigrant idiots like you.
    Greencard is our right because we have been waiting long enough and paid a lot for it, and we will not just take greencard but also get our citizenship. After getting citizenship we will make our pro-immigrant senators win election and help defeat anti-immigrant Senators. We will contribute money in getting pro-immigrant lawmakers get elected. Got it ?
    We will also tackle idiot old good for nothing racist programmers like you and make sure you remain losers in life.



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