Saturday, June 11, 2011

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  • file485
    02-05 06:29 PM
    lets not drift away even a little bit from our main efforts...

    Dont forget this cud be an open forum and every kind must be viewing the posts here...so lets not bother how many outsiders r needed in this country or how much education is needed here..

    remember waht happened at techworkers1 yahoo forum...no matter what, we have our points to say and anti immigrants have their points to say...

    So..lets not even debate on these kind of topics...





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  • prioritydate
    08-14 01:02 PM
    A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?

    I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.

    I do not think there is any logic or facts to support this argument.

    Well, I didn't said that I just proved my theory. It was just an assumption.





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  • dealsnet
    02-26 10:31 AM
    Don't give advise, if you are not sure.
    Nobody can file AOS, if they are out of status.
    If it was the case every one will make it that way.
    Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
    She need to consult a reputed immigration lawyer first before the marriage.
    Out of status more than 6 months will trigger a ban from 3 to 10 years.

    CONSULT A LAWYER.

    If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.

    All these forms are available at the USCIS website.

    They will ask you to come for fingerprining at a biometric center in a few weeks.

    After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.

    Goodluck with the process !

    Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.





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  • Sreenuuk
    06-15 03:35 PM
    No need to write "None"..just leave it blank. Thats what my attorney told.



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  • arunsarun
    05-23 11:00 AM
    Got it approved for 3 yrs (L1A to H1B)....... still couldnt believe that i won the lottery.





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  • pappu
    07-30 09:08 AM
    I decided to write this post after seeing a comment ‘there is no IV core per se’ on another thread by a member and also seeing how people ask questions during these calls.

    I have been in a couple of calls in the past and have more or less decided to stay away from them. Here are some of my reasons:

    Most callers come to these calls to ask questions on their own personal case and think as if Ombudsman office will solve their problem in the call. This does not happen. They are always asked to contact the office using a form if they want any answer about their own case. Even the callers waiting for their turn to ask questions do not take the clue and still continue to ask questions about their case status and get the same standard answers. This in my opinion is a waste of time and opportunity our community gets to interface with Obudsman’s office.

    In the past the call topics were very different from the questions asked and people never cared to stay within the agenda. Even in yesterday’s call, how many of us really read the Ombudsman’s 2008 report before going to the call and asked questions about the report , discussed inefficiencies in the system and asked progress on the steps being taken to improve them?

    If most of the call time is wasted in individual case questions and standard responses, we will never get a chance to fix the system and help ourselves and everyone. The community needs to rise above their own selfish interests and think as a community. IV core has always put community’s interest before their own and have never created action items or ask lists that are tailored for their own cases. We have always used the meeting opportunities with administration and lawmakers to discuss problems faced by the community rather than an individual and discussed solutions that will benefit the community rather than an individual.

    Only once we start thinking like a community can we succeed. Else there will be divisions in the community. EB2s and EB3 will argue with each other. People will leave IV once they get their own GC or even do not care about others waiting in behind them. The fact that not even one thousand members have contributed a nominal $5 in the latest campaign tells us something.

    I hope this post at least makes a difference in the next Ombudsman call.



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  • gandalf_gray
    06-02 11:33 AM
    Nothing would change. If any, it'd be for better I guess.

    So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.

    If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.

    just one more Qn:
    My L1 ends Sep 3rd week.
    If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
    those 14 days out-of-status : How bad is it ?

    thanks.





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  • go_guy123
    05-14 06:13 PM
    It is time to pass the DREAM Act.

    DREAM Act is held hostage up by the CIR advocates just like skilled immigration.

    But the repeated failures will weaken the CIR coalition as some Latino organizations
    like MALDEF have grudgingly started thinking about piecemeal options.

    Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
    GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
    are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
    amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.

    In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.



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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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  • rockrocky
    01-14 10:53 PM
    I have used Hopeforhaiti.com to donate.
    it is truly heart breaking to see the footage of the aftermath. I hope God gives them strength and courage to deal with the situation and the country rebuilds itself.

    ~R



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  • gcformeornot
    12-31 07:36 PM
    for wife and daughter. daughter is just 5 years old. Is it common?
    My notices are still missing.......





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  • needGCcool
    09-04 10:10 AM
    Yup, you have to wait. Do not send them anything without getting the RFE? This is what I was advised by the doctor we visited to get all the medicals done.

    I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?



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  • gcformeornot
    12-31 11:16 PM
    vote..............





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  • krishnam70
    02-18 12:04 PM
    currently iam working with vsginc they filed my greencard processing through different company axiom
    i applied for 485 and iam past 180 days
    i have never been on axiom payroll
    can anybody tell me can i use ac21 portability ?
    Thanks

    What was your GC filed for? as a future employee? If that is the case does it still constitute a a fraudulent practice? I show the yates memo could be used as a reference if at all this case is denied.

    any suggestion desi?

    cheers
    kris



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  • Anders �stberg
    May 2nd, 2005, 02:38 PM
    Thanks Brent!
    I'll experiment a bit the next time, it's just practice runs so far so I can afford some misses.





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  • gcisadawg
    04-13 10:22 AM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,

    You have multiple options.

    1> Just keep the money with your old company. This is possible if the balance is above 5K.
    You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.

    2> Shift the money to a new/exsisting IRA.

    Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
    If you don't deposit within specific time period then you would incur tax and 10% penalty.

    -GCisaDawg



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  • whiteStallion
    10-17 02:55 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.





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  • drona
    10-02 12:45 PM
    Come on So Cal folks. We are meeting in Cerritos, CA this Saturday October 6th at 3pm. Login to our yahoo group for more information.

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





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  • kaisersose
    07-24 03:07 PM
    ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.

    I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(

    Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.

    Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.

    If they say you have to start afresh, then you can consider packing your bags. Good luck!





    485Mbe4001
    12-17 06:20 PM
    Look at the EB3 dates for Mexico for the last 4-6 months, they were all beyond april 2001 and still stuck for 4 months with little movement. Most people think that April 2001 sounds like a beacon of hope or a major hurdle after which things will be normal and we will start getting the GCs, i dont know how you can say EB3 moved fast, and for desis its a long long wait.


    Now the biggest hurdle of Apr 30, 2001 is crossed. I am sure that not many people has filed between Sep 2001 and February 2002. Also if you look into PD for China and Phillipines, the dates moved very fast after June 2001. Lot of people applied in late 2002 and early 2003. My guess would be that it will take about 3 to 4 years to clear all the backlogs of 2003. For 2004 it may be over 5 years.





    ruby
    08-17 06:11 PM
    In July as all the PD were current layers said that if they try to port the PD from EB ( which was Sep 2003) to EB2 ( with PD Oct 2004) USCIS will reject the case with reasoning that every thing is current so there is no need for PD porting.
    Now as EB-3 become �unavailable with Sep Visa news, it seems I can not port that PD to EB2. as memo says EB2 PD should be current , which is not ( EB2 PD is Oct 2004) :confused: