Saturday, June 11, 2011

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  • eb3retro
    08-30 12:38 PM
    My PD is 2002 Aug


    hi redhat..

    welcome to IV. looks like you joined IV recently. I hope you will get answers for your questions here and will come out of this RFE mess. Please do consider abt giving IV (and yourself) a hand in the Washington Rally. All the best.




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  • boston_gc
    01-20 09:29 PM
    My I-797 approval notice was received several months ago. Does that reduce the possibility of security delays? Also, is there a way to take proactive steps to make sure PIMS is cleared before visa interview date?




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  • drona
    08-08 01:37 PM
    Southern California IV members,

    There are several action items that we are currently working on in the Southern California group including meeting with our lawmakers, membership drive events and getting together volunteers to make calls for the DC Rally. We urgently need active participants to help us carry out these action items. Please contribute your time and effort so that IV can succeed in resolving our issues.

    For more information, join us at our yahoo group:

    http://groups.yahoo.com/group/SC_Immigration_Voice/




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  • martinvisalaw
    06-04 05:37 PM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."



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  • sathyaraj
    12-12 12:40 PM
    Do not worry too much about your role change, because when you are using AC21 you need to be in same or similar job as specified in ONET job codes.

    If you are a systems analyst, then you can potential work as a business analyst also. As the job duties for systems analyst includes some of the activities performed by BA. It is the job duties which have more waitage.

    http://www.onetcodeconnector.org/ccreport/15-1051.00

    If you refer the link above, all software jobs (except Management) starts with 15.XXXX as job code. So long as you stay with that you are fine.




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  • nk2006
    04-17 03:36 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
    The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.

    Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.

    If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).



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  • mmanurker
    10-17 03:11 PM
    Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
    So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.

    apart from payroll tax is'nt the employer suppose to pay employer tax which I suppose is anywhere between 8 to 12 % depending on the state it is operating? or is payroll tax same as employer tax? what other taxes does an employer has to pay if he hires a person on W2? appreciate inputs on this.




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  • Hong12
    12-13 11:23 AM
    I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.



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  • sac-r-ten
    07-30 02:04 PM
    Sorry to hear about your "unique" situation. I guess you should hire a attorney and talk in person, since attorneys here for not helping.
    Please update this thread if you get an answer from other sources. Its really a headache dealing with USCIS's ways of things.
    I wish you get out of this mess soon.
    take care.
    thanks.




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  • rb_248
    03-30 11:02 AM
    If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.

    A former colleague of mine from B'Desh got his GC in 14 weeks.

    ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.



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  • tnite
    08-03 11:40 PM
    I received a NOID (Notice Of Intent Deny) from USCIS.
    Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.

    I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.

    When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.

    Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
    Did anyone faced a similar situation like mine?

    It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.




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  • shiva7
    10-12 01:00 PM
    Don't post for receipts people... IV people don't like it.



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  • sodh
    07-27 04:08 PM
    You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.

    You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
    Do not leave them blank write none in the Allien#




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  • anilsal
    10-30 11:42 PM
    USA Today is posting messages that are valid. I posted my story and it has been posted.

    If you are reading this thread, please post your story at:
    http://blogs.usatoday.com/oped/2006/10/immigration_is_.html

    Just imagine what a story in USA Today will do to our cause. It is a national news paper.

    Look at what an American Professor has to say:

    =====================================
    There is a cry going around the country regarding the lack of American students opting to enroll for advanced degrees in the field of math and science.

    At first I was cynical about this news and was quick to dismiss it as elitist and corporate propoganda directed purely to hire international workers at lower wages. But to my disappointment the facts are staring me right in the face in this regard.

    I am currently employed as a professor in the electrical engineering dept. of a accredited university and I am sad to see American students no longer aspiring to get advanced degrees in science and math oriented fields.They enter the workforce after getting a BS and after working only for a couple of years change their career track either to sales/management/marketing.

    This has resulted in a huge vacumn in the research programs of most universities which is being filled by international students. Most of these international students complete their advanced degree with the help of scholarships and financial aid offered by the university.

    This aid is available for American students on a priority basis in most institutions around the country but there are simply not enough American students up for it. Also due to visa restrictions these very students are not able to get jobs in the US quickly and as a result leave our system with precious knowledge to create wealth some place else in the world.

    I understand that we are losing jobs due to outsourcing and offshoring, but that can't be avoided in a globalized economy. On the other hand there are enough jobs being created for advanced degree holders in science and math oriented fields like engineering and human sciences in the US economy.

    The most disturbing aspect in this discussion is the scientific accompalishments by America put forward by many people as examples to show that the American educational sysems is hale and hearty. Many people are still harping on the man on the moon issue even after 30 plus years. They should realized that this is a thing of the past and we cannot rest on our laurels.

    Legal high skilled immigration should be encouraged as it is by other nations like Canada and UK. We should not lose this fight for global talent or else we will not be able to recover from this loss for a long time.
    Posted by: kennytownhall | Oct 30, 2006 2:23:55 PM
    ================================================== =



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  • indio0617
    07-11 02:22 PM
    /\/\/\/\/\




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  • micofrost
    04-16 05:01 PM
    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
    Thanks

    Call uscis and ask them send the refund to IV. Anyway, the money is gone from your a/c.



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  • smc
    07-26 12:47 PM
    This looks like he is trying it again. The older one (which was defeated) was Amendment 2339 of HR 2669, which was defeated on 7/19. This is Amendment 2428 of HR 2638 (which they are currently debating) and has a date of 7/25.

    Hope it passes this time.




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  • BharatPremi
    12-05 10:55 AM
    Eyes already on citizenship!. appreciate your optimism.:D

    I am already a citizen ..:) Just want to know more about PR in US.




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  • Winner
    05-14 10:49 AM
    Did my part for the month.

    Subscription Number: S-42J63140****




    Becks
    02-01 09:49 PM
    Few of my friends had expressed their views that John McCain is better than others when immigration matters. But who ever comes they have to understand legal skilled immigrants problem because these are the people who contribute more to the economy.




    vulcanfly
    07-19 10:12 PM
    So we can transfer our H1's but can we still have our 485 applications pending



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