Tuesday, June 7, 2011

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  • jambapamba
    07-05 12:53 PM
    I think so too. They were sh*t scared on the number of apps they were going to receive. And just when they were increasing fees and wanting to show how their performance was going to improve, it became current. It would have been a bad rap for them and fee increase would not have been justifiable.

    It is mostly be cause they wanted to teach a lesson to DOS for opening the floodgates. Also, backlogs are one key performance indicator for USCIS and is reported to congress. If 100k, plus people apply right away and another 300k in next couple of months, it would look bad on their records.





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  • Desi Unlucky
    09-22 06:37 AM
    I'm pledging that i would get two more members added in a week's time. Would like to see that all the other 5990 members take a similar pledge. There were 3 threads started in the last couple of days "Welcome to new members", "Immigration voice needs your help", "Goal: Bring atleast one new member". I observed that the last posted thread shows up as the first hyperlink on the right side when someone logs into iv.org and was dreaming that either of the above mentioneed threads will be the most active threads. But soon realised and sadened that it is not the case. The current energy levels of the members (but for a handful) are not really encouraging.

    If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.

    One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.

    2/10 got registered after reading my mail.
    4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
    At the end of the conversation they seemed interested in registering and got registered.

    Working on the remaining 4.

    Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.

    Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)

    Keep the pledges and registrations coming !!!!!!!





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  • gcpain
    03-28 01:46 PM
    Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.





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  • shahuja
    02-05 04:06 PM
    hello all,

    i will really really appreciate your posts..

    its been 23rd day..H1B renewal..New Delhi..still waiting for PP..i got no slip ..no warning to wait ..nothing..

    But now i think its not stuck due to PIMS..it could be anything ?? some admin processing ? some security check ? some name check ??

    How do we differentiate what are our passports held up for..COULD THIS BE CALLED 221(g)..i read in forums..221g can take forever ??

    -Shahuja



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  • GCNaseeb
    11-14 09:36 PM
    I scheduled an infopass appointment for tomorrow to discuss misspelled name on my EAD and AP. Several of my friends are saying that since these documents carry A #, and picture, in addition to name, I should be fine if I ever need to use them. But I just wanted to play safe, hence took this appointment. Will let you know guys, the outcome of my visit.





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  • desi3933
    05-19 03:30 PM
    .... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
    .....
    .....
    In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K

    My questions:
    1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
    2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
    3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
    4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
    5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
    .....

    1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

    3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

    Have a good day!

    ________________________
    Not a legal advice
    US citizen of Indian origin



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  • k_sing
    09-18 03:26 PM
    I had a question which my accountant cannot possibly answer.

    I have had my stock trading account with Scottrade (an online broker) for last 5 years. They send me a 1099 form every fiscal year for tax filings.

    I have now come across a proprietary stock trading firm which offers me significant advantages if I do my stock trading through them. There however is a difference and I am not sure if I can indeed trade with them due to my H1B status.

    They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades.

    Is this something I can do while on H1B ? Can I be a member of their LLC / TRUST and get a K1 tax form against profit from ny stock trades?

    From this specific unique situtaion arises another generic question out of curiousity.
    Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.

    Thanks in advance for your answer.





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  • Almond
    08-14 12:10 PM
    ^^^^ sounds like good news, I'm happy for you:)



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  • vdlrao
    10-18 11:02 AM
    It would be more convinience for all of us if you can provide that $50 option through online than physical check. Please consider this.

    Thanks.





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  • gc_chahiye
    10-05 04:12 PM
    How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.



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  • xu1
    08-08 09:58 PM
    I guess he is trying to lift the sunken spirits of the IV members. But I feel that if SKIL goes through, we will be fine. It all depends on SKIL

    Yep.. Cheer up however we can.

    note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.





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  • pathiren
    03-29 07:56 PM
    Chanduv,

    I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.

    I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.

    Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!

    HP



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  • mmk123
    12-19 04:41 AM
    After near to unsuccessful attempt to spoil healthcare, *R* team is getting ready to spoil immigration reform efforts. Writer is well-known for talking baseless, stupid and racist comments. But, unfortunately the political atmosphere is such that even SJ news-paper couldn't resist posting this. Fasten your seat belts and get ready for even more bumpier ride than health reform.





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  • nmdial
    11-23 08:59 AM
    My sister was denied a visitor's visa in the summer of this year at Delhi:
    1. She was told that they have a policy of denying visas to young unmarried women who are student.
    2. She is currently a PhD student in India.
    3. They did not ask any more question.



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  • dixie
    08-21 09:58 PM
    The situation is unfair only if there is no retrogression. In that case there is a high probability that the one who applied in 2005 gets his GC (or at least EAD/AP), while a 2001 applicant's LC is still caught in the BEC.

    But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.

    I do agree however, that the BECs should have been cleared prior to starting the PERM system.




    All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?

    So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.

    Hope u got the point...





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  • srkamath
    07-16 09:09 AM
    IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.

    If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.



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  • _shoonya
    11-14 10:44 PM
    Deleted





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  • ChainReaction
    05-04 09:11 AM
    I just sent webfaxes to senators from PA , NY & NJ, with my old address for NY and NJ . I did used the letter on this thread since it covers our issues in a nice layout, with some alteration to it.:)





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  • Anders �stberg
    June 16th, 2005, 09:29 AM
    These look fine on my editing PC but are too dark on my work PC...
    ...how's it look where you're at? :)

    Also, the second picture is uncropped from the camera, I kind of like the frame
    the background creates, but do you think it should be cropped tighter?

    http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9175_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25912/cat/647) http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9169_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25919/cat/647)





    akhilmahajan
    08-16 03:52 PM
    I will like to suggest is, try to talk to them nicely and try to make them understand what they have talked to you before filing GC.

    Otherwise u dont have any choice, definitely u cant risk being rude with them. They can still hurt you as they still have all the cards in their hand.

    About the G328 form, i have read in other posts that for some companies HR have signed for the applicant.

    It seems like every company has their own way of filling GC. I am sure u are not the first one who are filing GC through your company.

    I hoep this helps.





    pappu
    07-09 10:34 AM
    Pappu,

    Thanks for the response! I really appreciate that.

    I said IV doesn't care for CP filers because there are no provision for CP filers in IV's agenda (ofcourse, efforts like recapturing would help CP filers in a big way) as most of the efforts were targeted at AOS. I am not blaming but just requesting that CP filers are also included whenever IV core think about big picture.

    All that we need is a safety net like EAD. Else, if several years of wait on GC were to go waste, it would be a disaster.

    From what you said, looks like there are very few CP filers who visit this forum (and ofcourse, there is a reason why, hardly anything for them here), however, I would try to see if I could gain some mass here.

    Thanks again!

    Thanks.
    Try to gather more people in the same boat. Once you have a critical mass you can raise that issue better with lawmakers, media, administration...



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