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  • sk2006
    07-03 03:24 AM
    Here's an idea that came up in my head:

    There's no use working 'towards' EB wait period issues, there will always be thorns in the roses.. Lets work 'against' EB advantages (superficially) - well this could be in parallel to 'towards' part.

    Here's the agenda:

    "Restrict/Prohibit all non-immigrant class workers (H1, L1 etc) from investing, be it 401k, IRAs, Regular stock investing, Real Estate investing, Forex etc"


    (Before you all start bashing this, let me put down some pros & cons)...

    Pros:
    1. People (with immigrant intent) will not be in limbo. if you want to move back after living 5-6 yrs in US, there's nothing to pay penalty on. Today there's an early withdrawal penalty on 401K, IRA.
    Like many of us - who applied for 140/485 waiting endlessly for the magic card.... investing our dear hard earned money in 401ks & other investment vehicles - only to see them lose value or worse stuck in that vehicle (Of course there's another school of thought that says if I invested 10k in 401k, & net value is now 20k & even if I withdraw it paying penalty, I will be in green..but i guess this demographic will be significantly small). My colleagues & I too procrastinated about moving back to India - but since we still have to recover our 401k/IRA losses we have been pushing the magic year a little further - but thats just me.

    2. Markets/Businesses will realize the sudden disappearance of funds coming into market because of this new law & Market forces might lobby towards faster Immigrant status changes - remember this law is only for non-immigrants, Permanent residents would have no restrictions on investments.

    3. We (IV community) need not work diligently on this issue. We might just have to create some numbers on folks who made good amount of money in speculating oil/natural gas/gold and driving these prices like crazy OR who have been sending profits on investments to their home country. If we at least get this ball roll, anti-immigrants like numbersusa will pick up this agenda & work 'with' us..

    4. Home country flourishes.. 401k has an annual limit of 15.5k $ for 2008, 16.5K $ for 2009). Assuming 250K non-immigrants (H1s, L1s) restricted to invest, yearly 3Billion USD just disappears from markets & at least a small percentage would find its way to home country. This is just 401K. If we add IRAs and regular trading accounts, Real Estate.... Wall Street would crap in their pants - they need our money to drive their Ferraris, Lambos you know!! If Wall Street says something, Capitol Hill HAS to listen.


    Cons:
    1. H1s L1s wont be able to reap profits in investments. Hey at least you wont be losing your money. This is like a pseudo protection of your money if you have H1, L1 cards. Who knows? This might create huge demand for people wanting to convert from EB2/EB3 to H1 :)


    If you all see any other sides of this story, you know where to find that 'reply' button.

    Disclaimer: I am not looking to crash markets - just trying to leverage our situation with that of markets, with anti-immigrant groups' position as catalyst.


    Also:
    Ban us from buying land, cars and houses as well and see how fast media, NAR and automobile companies come out in favor of faster GC for us!





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  • lostinbeta
    10-28 10:21 PM
    Yeah, usually people look for credentials when finding a web designer.

    You know what you could try to do?

    Possibly create so mock sites to add to your portfolio to show people who are looking.

    Like they don't have to be for a real company, make something up, build a site and use that to show people.





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  • gemini23
    08-02 12:57 PM
    my experience with all carriers including fedex/dhl and others have been bad. Infact no one can guarantee a timely delivery for international shipments, as there is customs check, that can delay the delivery. Customs clearance is not controlled by these carrier companies, though they can only expedite it.

    my 2 cents.





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  • pappu
    12-15 10:54 AM
    You are in a good position.
    - hire your own lawyer
    - have the lawyer directly talk to your HR. dont confuse HR with websites and all the info. make their job easy by having them just sign the papers for you
    - keep a copy of all documents with you that the lawyer files or gets from HR



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  • yabadaba
    06-14 08:04 PM
    lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?





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  • unitednations
    02-22 02:12 PM
    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.

    You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.

    If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.

    You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).

    There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.

    Long story short; was that it went to court and the candidate won...

    If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road



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  • godbless
    05-14 10:42 AM
    How about rejection notices? Anyone got checks back with the rejection notice?





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  • mnq1979
    10-22 02:36 PM
    Hi,

    I have a question and would really appreciate if some one can provide guidance.

    My brother (currently in USA) got his H1B approved and he plans to go to US embassy in Ottawa to get the visa. We know that the H1B visa can take days to get approved due to administrative processing; therefore, he plans to give the interview to the US embassy and then leave for Pakistan.

    My question is that in how many days my bro has to go back again to US embassy in Ottawa to collect his visa after the embassy informs him that his visa is back from administrative processing and is ready for stamping.

    For example lets say my BRO gives the interview to US embassy on 2nd Dec. and then leaves for Pakistan on 4th Dec (since the actual time of administrative processing is unknown) and now lets say on 15 Dec. the US embassy informs him that his visa is ready and he can come for stamping (collect). So now in how many days my brother has to report to the embassy to get his visa stamp on his passport?

    Does any have any idea about it !!!!
    Thanks



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  • RSRao
    10-28 03:32 PM
    This is regarding my husbands H1b extension. He has been working for a Indian consultancy since 3 years. Now he got a full time offer with a reputed consulting firm (contract to hire) and they are processing his extension and transfer. Its for a different end client but this company does implementation for the client. We received a first RFE a month back requesting for purchase order, manager letter, duties to be performed, organisational chart etc. The company answered with all the relevant documents. But we have received a second RFE now. Not sure what the RFE is for and we are anxiously waiting for it. Please let us know if any of you guys have faced similar situation, incured a second time RFE. how common is to get RFE for the second time.Also do premium petitions get RFE in a fax or email message or do we have to wait for arrival through mail. The attorney said wud take 2 weeks for it to arrive. His 194 has expired and we are really worried now. What are the other options, can we apply for extension through another company when this one is in process?. He already has started working for this company once the receipt number was sent out. Any inputs are highly appreciated. If you have had similar experiences please share.





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  • gusmig
    04-26 11:19 AM
    Dear Sabeesh,

    Although I'm not a lawyer, I will respond based on my knowledge and my own case.

    1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.

    2) You will only be able to enter the US with the latest visa stamped on your passport.

    3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.

    Regards.



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  • amitkhare77
    09-11 05:13 PM
    you are right, this is still true. they write the counslate name which you attended last time for your F1 VISA interview. you can change that but again it takes time and money
    In my case, my I-797 approval document itself specified which consulate I had to go to, which was Mumbai. In such a case, this consulate is notified of your H1B approval and you cannot go elsewhere for stamping. Of course, this was 8 years ago so things might have changed.





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  • h1bnogc
    07-10 11:36 AM
    Hi Ann:

    I would like to ask related questions in this thread..

    what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?

    Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?

    Many many thanks for your response...



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  • Munna Bhai
    12-17 01:47 PM
    Sorry I was away from my computer for a while.

    Thanks for all your help Guys.
    We are talking to Lawyer, Murthy law today.

    It's an employment based.
    This case of I-485 is 2004.
    We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

    Hope Lawyer comes out with something.

    THank you all
    Great help and moral support from all of you at Immigration VOice.

    Please be prepared..just think of various reason and prepare accordingly.Everything will be fine.





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  • as_rudra
    10-25 01:58 PM
    I have a related question for one of my friends.

    If the I140 is approved and have already applied for I485. He is planning to extend the H1 based on the approved I140 for 3 years? then if something unfortunate happens to I485 then is H1 status still valid (on 7th year)? or since the H1 is based on pending I485 does it become invalid immediately?

    Any inputs are appreciated.

    Thanks



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  • FinalGC
    01-13 03:02 PM
    Hello friends,

    This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?

    Thanks in advance

    kedrex: How do you say your case is current...Your profile says Jan 06 EB2....the VB is stating Jan 22, 2005





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  • gapala
    09-05 10:01 PM
    I guess, your picture was taken at local ASC. Call customer care asap and inform them about this mistake. If needed setup infopass and visit local office. Hope you will soon get it corrected from CIS



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  • th5000th
    07-10 05:51 PM
    On June 9th, CIS provided the required data to VO. ????

    a1b2c3....hang in there.....Sept might bring more good news.......

    Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)





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  • newlife2
    09-19 10:17 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.





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  • GCwaitforever
    07-19 04:00 PM
    Congratulations.





    gsc999
    01-08 04:41 PM
    you guys are missing the point. contest rules have to be followed to the letter because they are a legal contract. if the rules state that the parents have to be legal residents then that's the way it is. if they decide to change the rules for the next contest due to political pressure , fine. but now they are opening themselves up to lawsuits for not following their own contract. i think it's funny how so many people are in favor of breaking the law as long as it suits their agenda. oh wait these are all people in favor of people breaking the law to come to america illegally. correct me if i'm wrong.
    ------

    Toy-R-Us's decision to award $25K bond to all three babies is a result of economics and not that much of political pressure, altough that is the catalyst. They recently opened their store in China. They don't want -ve publicity, this is economics not politics. With the dollar falling through the basement, MNCs are diversifying their Sales mix outside of US, altough, that is not the only reason.





    GCAmigo
    02-23 02:17 PM
    I dont think economy is THAT bad.

    It is in fact going through the worst ever phase!

    ~GCA