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  • shankar_thanu
    04-04 02:53 PM
    This bill would affect all of us if they apply these same rules when we try to exend or transfer out existing H1s. Does it(the bill) say anything about that?





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  • Jaime
    09-12 05:19 PM
    Talk to us! What is preventing you from attending??? Let's GO! Let's do this!!!!





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  • logiclife
    01-31 02:15 PM
    [QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.

    I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.

    Out of status is anyway no better than illegal.

    Look. Here's the deal.

    Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.

    The problem arises at the time of H1 transfer. And here is the classic situation:

    You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.

    So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.





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  • Michael chertoff
    03-10 12:33 PM
    coolman ship,

    what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.

    still I have to use AC21 or it is OK?

    i dont want to use AC21.

    Thanks

    MC



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  • retrohatao
    02-16 11:52 AM
    I was thinking this forum was for such purpose. May be I am wrong. Because I have been on this forum for a month now and everytime I had to convince some or other moderator to take up the cause. Not that encouraging...





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  • anurakt
    11-17 12:40 PM
    I am on page with you. I did it 3 weeks back. Now I am starting the whole labor at the new company , making almost 140K (60% more) with a fortune 20 company . Good position and happier......

    I did the same and didn't hung up myself on GC .... life is more than GC let us live our life.



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  • ujjvalkoul
    01-17 03:48 PM
    Thanks to all those you contribute and I would like to push others over the edge, who are in a dilemma whether to contribute or not. $20 a month is half of what u pay for cable or ur cell phone/ Home phone Bill.....





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  • mgmanoj
    06-10 07:49 PM
    Done - sent to Alabama senators



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  • rajuram
    01-26 02:23 AM
    I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.





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  • MDix
    03-10 01:37 PM
    This is turning out to be TRUE.

    Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.


    I am expecting lot of REDs on this one.

    Thanks,
    MDix

    That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.

    I know this is hard to believe especially if something comes from lawyer.






    Thank's
    MDix



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  • images Animal Planet Lion



  • Imigrait
    01-30 02:46 PM
    You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.

    Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?





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  • coolmanasip
    06-19 03:09 PM
    My lawyer is asking for the tax returns for last three years for 485 filing??? I read W2s in the USCIS list but I do not know why he is asking for tax returns?? Any clue.....



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  • reno_john
    06-18 03:55 PM
    For people who want to file I-485 filing on their own. Since 485 filing requires only one document from the employer (Employer's letter saying you have the job and its the same job description), its possible to file 485 by oneself without additional help from lawyer or employer. This is a thread for that purpose. Even those who have the help and attention of a good lawyer can use this thread for guidance. This is the initial list of documents that are required for 485 filing and the optional EAD and AP filing. The fee structure is scheduled to change after July 30th. The fees listed below are applicable now thru July 29th.

    I-485 DOCUMENT CHECKLIST

    1. Payment Checks (USCIS Filing Fees $325.00 in favor of 'United States Citizenship and Immigration Service' OR 'USCIS').

    Original fee plus $70.00 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225.00 with no biometric services fee. If you are 79 years of age or older, the fee is $325.00 with no biometrics services fee.

    Fillable I-485 form:
    http://www.uscis.gov/files/form/i-485.pdf


    Application is sent to:

    USCIS Nebraska Service Center

    P.O. Box 87485

    Lincoln, NE 68501-7485

    2. Form G-28 one with each Application form. Dont need this if you are doing it on your own without the lawyer. If doing on your own, you can fill out G-28 for your spouse, if you are filling out the forms and doing paperwork for your spouse. G-28 shows that the applicant is being represented etc. If you and your spouse are both filling out your own forms and signing them then you may not need G-28 for anything.

    3. Two Photographs per 1-485,1-131,1-765

    4. Completed form 1-485 for Adjustment of Status

    5. Completed Period of Stay form. Completed in chronological order starting with first entry into US, and all changes of status, extensions, exits and entries, down to your current status.

    6. Evidence of Valid Nonimmigrant Status:

    Copies of both sides of any and all 1-94 cards
    Copies of all 1-797 approval notices
    Copies of any and all I-20's (if applicable, both sides)
    Copies of all IAP 66 forms
    Copies of all PT Work Authorization Cards (if applicable)
    Copies of All pages of passport - INCLUDING BLANK PAGES AND PLEASE DO NOT MAKE TWO SIDED COPIES; ONE COPY PER PAGE AND MAKE SURE THAT COPIES ARE LEGIBLE

    COMPLETED FORM G-325A Biographic Sheet

    I-693 form( Every civil surgeon mostly has this form)

    Completed Form 1-693 Medical Examination (SEALED) along with copy of list of INS approved Civil Surgeons
    Birth Certificates and Marriage Certificate COPIES and other evidence of birth/marriage. One marriage certificate needed per person
    Employment Letter in Format
    Original for employee, copy for all other

    I-765/EAD DOCUMENT CHECKLIST (Optional)

    Documents required for EAD/I-765 per person:
    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-765 mentioned in the comments section of the check
    Copy of past EAD card front/back sides
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)


    I-131/Advance Parole DOCUMENT CHECKLIST (Optional)

    Documents required for Advance parole/ I-131 per person:
    Completed form I-131
    http://www.uscis.gov/files/form/I-131.pdf
    2 photos (full frontal)
    USCIS filing fee - $170.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-131 mentioned in the comments section of the check
    copy of EAD card front/back sides,
    Copy of I-94 card,
    Copy of visa page of passport in color,
    Copy of driver's license,
    Copy of I-485 receipt notice,
    Copy of I-140 approval notice,
    Copy of Marriage certificate,
    Copy of birth certificate for children and a letter explaining the reason for travel
    Signed statement requesting advance parole





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  • seeker999
    08-12 09:36 AM
    I like the idea of separate fund for EB3.
    Is there no one in IV admins /founders who are interested in EB3?

    I believe we need to have a EB3 wing in IV ,Ideally the max donors in EB3 ( atleast 10) can be the decision makers and can ensure EB3 voice is also heard.

    We should have the % board members in IV from EB3 wing reflecting the amounts donated by EB3.

    Looks like we already have Patton Boggs lobbying for IV. Did any EB3 candidate ever given an chance to interact with them. Exactly how does this work ?
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48

    I feel that if given a chance to talk to Patton Boggs and present our views. There can be huge amounts of funds that can be raised.



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  • joydiptac
    06-08 08:31 PM
    Thanks Deepak for clearing the uncertainty. At least now I know my wait is 10 more years.
    Wonder how many more years I will be able to keep my EB3 Job and job description. :(
    This sort of slow torture is nothing less than "Curry Bashing" openly happening in Australia.
    (Source : http://bkhush.com/dev/content/lets-go-curry-bashing )

    The rate at which USCIS is denying H1B, L1 Extensions it EB 3- PD 2001 - Wait till 2015
    EB 3- PD 2002 - Wait till 2019
    EB 3- PD 2003 - Wait till 2024





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  • FinalGC
    07-13 08:27 AM
    Hi,

    Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!

    Thanks,

    March 1 is NOT included.......See attachment Page 1 paragraph 5....

    The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.

    Hopefully next round of spillover buddy....hang in there...:-)



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  • logiclife
    01-30 03:56 PM
    I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.

    Well, yes, that too. Since they have no hesitation to ask employees to start working without waiting for 797, the absence of a pesky little SSN is not really going to stop them. If you run payroll, you need SSN. If you pay otherwise, (cash, expense checks, money order) you dont need SSN.





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  • NKR
    10-15 03:23 PM
    Most immigrants and potential immigrants are within Top 20% of US population.

    Can you tell us from where you got that information?.





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  • amitjoey
    07-05 12:34 PM
    I just contributed my first $100.00. Go IV!

    Thanks map_bolier





    gc28262
    03-10 03:27 PM
    Before taking up any agenda, check with IV core whether it is the right time.

    If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?





    p_kumar
    02-21 10:09 AM
    If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)

    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks



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