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  • pappu
    09-10 11:20 AM
    Come to the rally and we will no longer have questions. Only answers and solution to our problems if the rally is successful. We can do post mortem later when retrogression is dead. (pun intended)




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  • Pineapple
    08-05 11:53 PM
    I put in "maybe", because I'm not sure of my schedule.. (I have to travel monday to friday..every freaking week.. I hate it more than you can imagine, but I don't have a choice there).. if my schedule changes, I'll be there for sure. I've updated my profile.




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  • go_getter007
    12-20 11:45 AM
    From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.

    Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.

    GG_007

    PS: Not a lawyer, just my personal opinion.



    Hi.
    I have a question on whether Advance Parole is required for my wife to come back to the US.
    She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

    (Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

    Please advice




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  • h1bmajdoor
    04-22 08:43 AM
    hello dears.

    a lot of desi consultants are made to pay for h1 and gc costs. especially in NJ by the "Jersey boys".

    i am also in the situation where if i quit i'll have to pay the company all the costs of the GC. some of you have also paid the company for h1 costs.

    i asked an immigration lawyer about this.

    this practice is illegal and basically to intimidate you.

    the company got you here justifying your presence as being good for business (the said they could not find your skillset here). and they are taking tax deductions on this spending.

    since they got you here for their good (we know that!), they have to bear all these costs. if they ask you to bear it, it is illegal and they are commiting immigration and labour fraud.

    http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf

    "Deduction of attorney�s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer�s business expenses and, for this reason, are not authorized deductions."

    http://www.desicrunch.com/Articles/SlumberingGiant.html



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  • ksircar
    06-21 06:16 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D

    Nice reply considering the language of the original posting.




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  • hpandey
    02-10 08:23 PM
    The bigger problem is that your parents visa has already been rejected twice and that would be in their database. And that was when your parents were working. Now they are also retired which also adds another complication since the visa officers look to see if the people who a asking for a visitors visa have anything left in India to come back to ( like real estate , good bank balances , jobs , family etc )

    I don't think it matters much if you are sponsering them or they are paying for it themselves.. its the twice visa denial in past that might be the key.



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  • chanduv23
    06-18 02:27 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    h1 transfer is perfectly legal and you will not have any stamping issues.




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  • Blog Feeds
    10-30 12:30 PM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjA9VvHNmYTQb2eyJKS9uX1JaEuFY8EEG4q3_PuT1RqbPv5ATIWkOq4nUPhfdekJXEhHvjroqU_XUsaYqQ2iu_Ln-hGodPa9yc-7F8_2gODJBPY1OhFncDtr88CQ6YiPkQexnZt6IWAVN8p/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjA9VvHNmYTQb2eyJKS9uX1JaEuFY8EEG4q3_PuT1RqbPv5ATIWkOq4nUPhfdekJXEhHvjroqU_XUsaYqQ2iu_Ln-hGodPa9yc-7F8_2gODJBPY1OhFncDtr88CQ6YiPkQexnZt6IWAVN8p/s1600-h/uscisLogo.gif)

    USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."



    The Fact Sheet explains that "public charge" means

    an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

    The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":



    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

    Children's Health Insurance Program (CHIP)
    Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
    Housing benefits
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
    Non cash benefits under TANF such as subsidized child care or transit subsidies
    Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
    Unemployment compensation is also not considered for public charge purposes.
    https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)



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  • Raj12
    04-30 11:45 AM
    As far as I know, H4's are allowed to do 'voluntary non-paying work' in the US and are not allowed to compete for jobs in the US. In my opinion, if you are working for an indian company and getting paid in Indian currency without hurting the US job market, it should be OK. An excellent point was made earlier about home maintenance activities and baby care activities that are also part of broader terminology of 'work' and 'job'.




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  • Brasco
    January 28th, 2008, 04:29 PM
    It's actually a myth that a longer lens requires a higher aperture. For the same framing, you get the same DOF (Depth Of Field) for the same aperture, whether you use a 600mm telephoto lens or a 4.5mm ultra-fisheye. - Mats

    You are technically correct of course, but for practical purposes, if Shannon's primary goal is trying to capture a good depth of field of a child running around, and based on Shannon's comment about the willingness to crop, DOF will be easier to achieve with a wider lens.

    Having said that, it was good for you to provide the rest of the story as it may be the basis of decisioning as the skills improve.



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  • H1B2GC
    09-30 09:20 PM
    You could use AC21 after 180 days of I-485 filing but your I-140 should remain approved. If either your company revokes I-140 because you failed to maintain good relationship with them or USCIS revokes it because they discovered something regarding your company which was not available to them when your case was approved or if they find out that you switched jobs before 180 days, they will deny your I-485. But you could open a motion to reconsider and later appeal in court. If you are still not tired, you'll have your LC priority date which you could use for your future greencard.

    If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.

    This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.




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  • surabhi
    07-15 12:52 PM
    I have used AC21 to change jobs
    I have a closing statement from my previous employer mentioning the exercisable options.

    Here it goes:

    Exercisable Options

    Price $30
    grant date 1/10/2007
    Shares exercisable 400
    total price =12000

    Last date to exercise
    7/20/2008

    However the market share value for the company now is 26.00

    now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?

    I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????

    You will want to exercise your option only if the stock price on the date of sale > strike price (30$).

    Whenever you sell, any amount > 30$ is your money, else the options are under water and useless



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  • optimystic
    09-10 03:12 PM
    Most of you know about rear view mirror fuzzy dice cubes
    I believe they can be customized too. for eg:
    http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg

    I was wondering , if instead of a flowers campaign or bath tub stoppers and other ideas, how about if we send customized fuzzy dice cubes to uscis, which they can hang in their cars and see our message 'in their face' all the time. Hopefully after seeing the messages day after day our point gets driven home into their heads.

    I was thinking we should have the faces of the dice cubes custom marked with the following 'F' motto messages

    'Fair'
    'Fast'
    'Forward'
    'Flexible'
    'Fix'
    'Flawless'

    And send the following open letter to accompany the fuzzy cubes (May be even take full/half page ads out in newspapers, newsletters etc). I just put some ideas I had. The gurus can always add more to this.

    Dear USCIS,

    Please accept our token gift. We hope you would adopt the following traits as your motto.

    'Fair'
    - Be Fair
    - Follow the FIFO order of priority dates.
    - You have already set a prioritization order in place. Its the Priority Dates. We dont need another confusing set of priorities such as receipt dates/notice dates, processing dates that swing back and forth worse than a pendulum etc.
    - How is it fair that you prioritize a PD 2006 over a PD 2001 case, just because the former's I-485 application was received few weeks earlier than the latter?

    'Fast'
    - Be Fast
    - Most of us in the legal highly skilled immigrant community have been waiting for our GCs for an average of more than 5-6 years. Give us some relief
    - Dont pull us from one backlog (labor approvals) only to dump us into another (I-485 Processing backlog)
    - Follow your own rules regarding namecheck clearances and automatic eligibility of I-485 for approval if pending more than 180 days.

    'Forward'
    - Make forward progress
    - EB3 I PDs haven't moved even few months in past several years
    - EB2 I/C PDs are swinging like a pendulum
    - Nobody understands how come processing dates at a service center can retrogress if files are opened in proper FIFO order


    'Flexible'
    - Be flexible
    - Allow us to use AP as a regular travel document
    - Recapture wasted visas
    - Allow to file I-485 irrespective of PD being current
    - Clarify AC 21 scenarios
    - Make provisions to capture and count our waiting times in the GC process towards naturalization requirements. Most of us have been in US for 8-10 years average. How much longer do you need to naturalize us ??

    ' Fix'
    - Fix the broken processes at USCIS
    - Increase resources at the service centers
    - Improve the customer service over telephone
    - Be courteous to your customers

    'Flawless'
    - Provide flawless service.
    - The highly skilled legal immigrant community deserves it. We pay millions of dollars in application fees to your orgnization and billions in tax dollars and Soc. Sec contributions to the US govt.
    - Make online status updates more transparent.
    - Provide more transparency around the processing dates, Visa number assignments, PDs, etc



    We would have sent you nintendo game cubes instead of the fuzzy dice cubes. But alas, we are afraid we can't afford to risk any further drop in efficiency at your organization than the levels that it already is at.


    Sincerely
    Your customers




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  • saketkapur
    09-22 07:17 PM
    gave you a green...hopefully you will have a card after that soon too...:D



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  • eastindia
    05-14 02:57 PM
    Any idea what Tech firms are doing to help CIR?




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  • pmpforgc
    11-22 03:09 PM
    Hi

    I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.

    I am planing to Go to India some time next summer.

    But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
    H-4 stamping for my family.

    Do I need to carry any extra documents apart from those needed for H-1 B stamping?

    DO I need to Get Advance parole before going to mexico for H-1B stamping?

    Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?

    Your experienced advise will help me a lot.



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  • desi chala usa
    07-08 03:04 PM
    Congratulations!!!

    My 2 cents....explain situation to your wife's new employer and wait for 2 weeks your wife should have physical card with in 2 weeks. If it is emergency you can use H1/EAD as you have not received anything in written from USCIS.




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  • bigboy007
    05-30 11:11 AM
    I think then they go for a conference and agree upon a common point if not nothing is passed




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  • sent4dc
    06-19 12:34 PM
    Thanks! Sounds like there shouldn't be a problem.

    Just curious though. Say, if someone's parent gives up their green card like that and then later in life we decide to bring them over (to US) due to health concerns/age/etc., do you think, would there be a problem to apply for a green card again?




    manderson
    10-30 09:58 AM
    stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.

    Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.

    One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...

    Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!

    :)


    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.




    insbaby
    08-15 12:32 PM
    Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.

    Everyone has got right to work and practice their profession/make living, but not with the end client written in the contract, within the given period of time. Surely thats not life long, but there must be a period for 6 months, 12 months etc.



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