Friday, June 17, 2011

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  • transpass
    09-10 11:13 AM
    EB2 with US masters here
    PD 2004
    case is straight a heterosexual & white as the alaskan snow
    -- not approved yet.

    Me too....PD 2005, case is straight, US degree...I am also white, but it's just that I drink too much coffee and look brown...:D:D:D




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  • swo
    07-23 10:58 AM
    Show me the law that says they MUST use 140,000. Sadly, I think you're wrong.

    Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers


    Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.

    Secondly, Change the following:
    1. Allow USCIS to use previous unused EB numbers since 2000.
    2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.




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  • makemygc
    09-14 06:57 PM
    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:

    Thanks for sharing that with us. I'm sure IV will become a platform for aspiring entrepreneur in the long run.




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  • ragz4u
    03-08 10:33 AM
    Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame

    Senator Specter seems to emphasize that he would like to get done with amendments etc. and to make sure that he meets Bill Frist's deadline of March 27th so that it can be debated

    Senator Brownback is bringing an amendment to extend J1 visa which apparently expires this year

    Will keep on updating as and when I hear things



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  • onemay
    04-26 09:41 PM
    Hi folks,

    I'm a desperate house spouse(H4) and now not only I can't work but I can't drive either because the current visa expires on May 10 and the new extension is not here yet. The folks at DMV didn't wanna give an extension for the DL unless I bring a new I 94. Now the poor H1 has to do 2 jobs

    1. work his but off at work to get GC
    2. drive the kids up and down, do the shopping, etc etc because the desperate h4 can't move a finger.

    Anyone in the same barrel?
    Please give some toughts.:rolleyes:




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  • gk_2000
    08-24 01:35 AM
    GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.

    If you really want, you can make sense of the "disconnected" arguments, as they all address various points of your counter-arguments.

    And again, we are unable to get enough members to fight for visa recapture or i-485 filing and you want to go about closing loopholes?


    And BTW FYI, I never worked for TCS.


    There was no way for me to know, but my "guess" is close enough, dont you think?


    And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.


    To remind you, this platform is for what purpose? This argument is tangential, as is the loophole one. We want to focus on what? I will let the below argument pass, after saying this much. But yes, I do emphasize with you on what happened. But I also have my share of tragedies



    All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .

    Let me explain you how this works.....Exactly as to how it happened in my case.

    First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.

    Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.

    While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
    You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.

    After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
    This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.

    Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.

    And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...



    BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.



    So can you force everyone to take higher pay? It's a matter between private persons, isn't it? I guess it is a bigger deal for small guys, as the labor market comes into play. No sense applying it to executives


    And coming to a conclusion about someone who you do not know about is uncalled for...



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  • indio0617
    03-09 10:15 AM
    Talking about expedited removal for convictions...




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  • Ahimsa
    08-10 11:11 AM
    good point which has been overlooked.

    thus one can say lack of social security numbers for spouse and kids of a high skilled immigrant waiting for gc causes sevaral administrative and taxation issues.

    Please also note:
    Gor GC waiters, the child tax credit will not be available for kids under age 1.
    In Oct 2004, my kid was 6 months when she landed in US.
    When she was 9 months in Jan 2005, I tried to include her in my tax returns but IRS said I can not include her until she becomes one year old.
    This year 2006, I could include her after getting her an ITIN.
    In short, child taxation issue is there only for one year at the maximum.



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  • texanmom
    09-12 12:23 PM
    Please post a draft of all the letters here so we can use them/ modify them if necessary.




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  • TeddyKoochu
    09-07 11:39 AM
    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.

    This in my opinion has helped smart folks among us:

    - They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.

    - Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.

    - Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.

    - People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.

    - Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.

    - If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.

    - Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.

    Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.

    -

    Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it’s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let’s accept that they know how things work. Life is about learning and then What Next? It’s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran’s you give us the motivation to hang on. OP you seem to have started a nice discussion.



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  • rbharol
    07-18 01:57 PM
    Not to forget the people stuck in backlog centers.

    I was stuck in backlog center.
    Recently my company converted from Non-RIR to RIR and I got it approved
    in a few months. In parallel, I had my labor approved via PERM too as a safety net, just in case dates become current.

    I would personally suggest to change your case to RIR if it is not so and there
    is no harm in getting PERM approval as well.




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  • msp1976
    02-26 04:21 PM
    I am still waiting ...July 2004...



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  • Nibiru
    09-02 08:39 AM
    Came here in 98. Applied in 2003. Waiting ever since. Had enough of this BS. I was ok until they started screwing around with EAD's and AP's this year. Recently, got a a couple of offers in India ranging from 30 - 45 lac / yr. Thinking of going back. Its not worth waiting in this line anymore.




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  • gbof
    03-05 07:08 PM
    While EAD filed during June/July 08 for Primary & Dependant got approved with 2-year validity. But, dependant daughter's EAD filed in Jan09 was approved last week with 1-year validity. Does it mean with PD of 10/05 AOS approval is coming in months? Any Thoughts?



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  • jai_immigration
    10-21 06:46 PM
    Folks I sent email to this address as stated "uscis-complaint@dhs.gov", got bounced back saying it as a wrong email. Does nay one know the correct email to send USCIS complaints to?

    "USCIS-COMPLAINT" <uscis-complaint@dhs.gov>
    You have emailed an inactive account.
    If you are inquiring about the status of documentation you have filed with USCIS, or have a complaint relating generally to the nature of the customer service you have been provided by USCIS, please use our National Customer Service phone number 1-800-375-5283 or visit our website at www.uscis.gov.

    If you are a CIS employee and wish to file a complaint regarding credible allegations of criminal misconduct or of very serious misconduct by a USCIS employee, guidance can be found online at htttp://osi.uscis.dhs.gov/. Credible allegations of minor but significant misconduct should be reported directly to the office where you believe they may have occured.




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  • saimrathi
    07-05 01:22 PM
    Mailed them yesterday.. NorthEast Pa (Bradford County)

    Which part of PA?

    Look up your Zipcode in

    http://www.house.gov
    http://www.senate.gov

    The Senators in PA are

    Sen Arlen Specter. Immigration Contact. Mr Ken Altman
    Sen Bob Casey. Immigration Contact: Mr. Kurt



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  • eb3_nepa
    07-11 10:50 AM
    Not to put any dampers here, but this is extremely frustrating for the EB3 India folks. I mean how freakin long do WE have to wait before we get our turn!




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  • chanduv23
    11-17 05:16 PM
    Update: Googling and found the muthy forums thread what I was mentioned earlier.

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961

    some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.

    Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.




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  • ravise
    12-10 04:30 PM
    till now we have not seen such detailed explanation in visa bulliten. Some thing to be feel good about.

    Regarding EB2 spillover; i think their main problem with quarterly spillover is to move both EB2I and EB2C to the same priority date. If the spillover quantity is so less.

    From one of the privious pdf from USCS number of EB2I applicants between between 22JAN05 and 01MAY05 were nearly 4K. I don't think there can ever be 4000 splillovers to EB2 in a single quarter. Remember spillover from EB1 to EB2 can only happen during the year end and quarterly spillover only includes intra catogiry.

    all personal analysis/openion.




    harivenkat
    08-13 08:56 AM
    "08/12/2010: Wow, That Is Fast. H.R. 6080 Presented to President Today, and President to Sign 08/13/2010, Friday

    * As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
    * The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "

    - The OH Law

    wondering if its time to leave....




    leo2606
    09-28 09:45 PM
    Make sure your script set the issue date 3 or 4 years in the past, we can apply citizenship soon.:D


    LOL. :) If I am a volunteer as an IO, I would get the names of all IV members, write a small script to approve their GCs, make sure the cards are delivered to the members, and immediately resign my job. :D

    Regards,
    IK



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