Tuesday, June 7, 2011

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  • mbartosik
    03-11 09:42 PM
    Here are a bunch of links showing abuse of some of us H1Bs.

    In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.

    http://www.lieffcabraser.com/press_releases/tata_press_20060214.htm
    http://www.indianexpress.com/full_story.php?content_id=87970
    http://www.indianexpress.com/comments_print.php?content_id=87970&from=0
    http://economictimes.indiatimes.com/opinions/1415985.cms

    Sounds to me like a case of criminal fraud by Tata.




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  • gcfriend65
    12-06 10:44 AM
    Can you imagine this. USCIS had been given strict guidelines from DHS to complete every case in 6 monts depending on the form type.

    How about filing our taxes on April 16, but not on April 15?




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  • saint_2010
    07-11 04:33 PM
    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.




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  • pa_arora
    09-21 12:49 PM
    .. by trying to get our provisions included in this bill .. Duh..

    I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?

    ciao
    -p



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  • vnanjunda
    07-16 12:27 PM
    No Problems at Dullas Airport, I weant to india twice with AP they never asked about my employer.




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  • gc_chahiye
    08-15 05:32 AM
    Hi,

    I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:

    1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?



    yes. Remember again: GC is for future job.


    2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?


    yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.




    3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?



    you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.



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  • transpass
    09-15 04:59 PM
    Friends, enlighten me...Is this chat about long term action plan or is it the immediate action plan for oct bulletin retrogression?

    If it is for the former, then that's fine and we have to pursue...

    Then what about the latter? If it is for the latter, then we hardly have any time in Sep to atleast get something out of the remaining couple of weeks in Sep. No offense, but it is taking too long in the discussion and therefore I am for sending individual protests in the meantime before we finalize and decide the longterm action plan. So based on discussions couple of days ago in the forum, I am sending an individual protest letter (that was generally agreed upon in other threads) and fliers along with with it...




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  • perm2gc
    08-24 12:58 PM
    My first term on H1 expired on June 2002. I revalidated it and the second term also got expired as of June 2004. Since I was in US only for 3 years on that H1, is it possible to revalidate it again now, even I'm not working for company A now? Company A can file for revalidation for recapturing the remaining time on H1 but you may to work with them once the H1B's gets approved..

    Above Expressed Views are Personal..Please Consult your Attroney.



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  • chanduv23
    05-04 04:37 PM
    ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?

    Just imagining what the details of the RFE could be?




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  • pa_arora
    09-21 12:49 PM
    .. by trying to get our provisions included in this bill .. Duh..

    I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?

    ciao
    -p



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  • purgan
    05-25 09:39 AM
    please post the names and email adddresses of the authors....so we can all contact them.

    Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.

    I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
    90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
    exists...

    Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??




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  • sumansk
    07-18 09:17 AM
    This is a personal Message from me TO the IV Core and its founder.People can keep it alive by thanking the core.

    I Thank the Core and Aman for their dedication, support, campaigns and whatever they have done to bring about the latest development and a big big releif to everyone in the Legal community.
    While all other web sites and forums were just picking things from IV , IV was leading in updating and keeping the members informed about each and every development.I am sure they had been primarily instrumental in getting this done.The issue has and their effort has not only given this releif but have brought the burning issue to the limelight and in the eyes of lawmakers and the Govt, which will now lead to a larger and sustainable solution to the IV community.
    I once again THANK each of the IV Core members and other members for really making the IV a force to reckon with...

    THANKS AND REGARDS



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  • bluekayal
    10-22 07:49 PM
    OK. mystery solved. The IIO from TSC I spoke today, said everything is in order, and perhaps there was an inputting error. I'm relieved, and yes, my case is preadjudicated.




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  • Leo07
    11-29 06:51 PM
    Your's is a tricky situation.

    First gather all the documents you have and would be necessary to convince the consular...to prove yours is a minor offence and done with out much knowledge of the system... blah blah blah...

    Secondly, find out how long the offence will stay in your record...no clue what you did and don't want to know either.

    Third, weigh your options...and take a risk if you should.

    I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.

    However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?

    It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.

    Any advice would be greatly appreciated.



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  • axp817
    06-15 01:10 PM
    I see no risk in this, unless he is also on an H-1B visa. The H-1B requires him to always be employed, and being on the bench (not getting paid) would be a violation of those terms.

    But if he is using his EAD to work and is in a period of authorized stay (pending AOS), travelling with the AP is not an issue at all, as long as he always has a future job offer (in good faith) in hand.

    Confirm this with your attorney (I assume you use one to file/extend your EAD/APs)




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  • inskrish
    10-21 10:47 PM
    Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

    1. Can I travel and enter on my H1 even if my AP is approved/pending?
    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?


    Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

    Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

    Thanks for all your help!!

    1. Can I travel and enter on my H1 even if my AP is approved/pending?

    Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.

    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?

    If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.

    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.

    Consulting an attorney is the best option, I believe. Good luck!

    Regards,
    IK



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  • eborbust
    07-01 12:57 PM
    Sorry Pappu...I agree to what u said. I should and would behave....:)

    To the guy who who told me to edit post. there are tons of other posts with irrelevant stuff. i didnt see u jumping on them.

    I am trying to be as close to relevant as I can be. As i said, a past legislation doesn't mean future legislation would be same BUT it definitively give us a lesson what we should strive to prevent....

    and whatever the 2006 and 2007 legislation were - they were. I didn't made them up myself. So, I cant edit them...lol...




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  • bekugc
    03-31 11:33 AM
    previously when entering on AP, they used to ask for receipt of 485.
    so main proof they look for is a valid 'inprogress' 485 appln.

    i dont think theyll ask ur wife to show her EAD card at the port of entry.

    to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.

    having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.

    this shud be an easy qn for ur attorney.




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  • hianupam
    11-16 01:56 PM
    Does anybody have any recent experience?Which office to go, what documents to take. I currently have an out of state license that is going to expire in Dec...




    rajpatelemail
    01-15 06:40 AM
    Are we screwed by DOL ? -Changing Environment of PERM Labor Certification Application

    From immigratgion-law.com Mathew Oh Blog link--->>>

    01/15/2009: Changing Environment of PERM Labor Certification Applications

    I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
    Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
    Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers




    ashoka
    09-26 02:27 PM
    Texcan,

    Thank you.



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