Sunday 26 June 2011

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  • h4hopeful
    04-10 01:06 PM
    MD_123: I agree with you. It is very important that IV's position in this issue is clear, because this issue is key for a lot of people.





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  • H1BLegal95
    02-13 07:57 PM
    this is the core objective of IV and the current running campaign..

    technically the site should open to a page about "Have u sent ur letter ?" before any information is available to anybody.

    limit the no of replies seen by non- contributors (ppl who have not donated)





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  • payur
    10-05 03:09 PM
    are sure it is 7 years? i thought .. it is 3 years.


    It is 7 years for your 1040 forms when you file W2 returns, so I would guess you have to keep all related docs for 7 years, if for any reason it gets audited, then IRS could ask for more than 7 years records.





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  • katewill
    10-07 10:10 AM
    if 110,786 cases are due to retro...
    then these cases are either (2nd China/India, 3rd, and other workers)??
    considering 140,000 visa numbers available, and other catagories being current, only portions these retro cases will get visa numbers by this year..

    no hope for PD advancement???



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  • bskrishna
    06-19 09:06 PM
    no updates from MI chapter





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  • Life2Live
    07-12 02:53 PM
    One of my friend got EAD 2 year back even though his priority date was not came. Ofcourse this was even b4 this mess created USCIS. He was still using his H1 till couple months back, he is afraid of USCIS may roll back his EAD since PD is not yet reached.

    I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.

    I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....

    Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D



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  • Nikith77
    02-24 01:52 PM
    Can you please tell me the letter format and documents to be submitted





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  • map_boiler
    07-12 12:27 PM
    come on...folks...comments please?



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  • 485Mbe4001
    04-06 03:34 PM
    interesting that you created an account just to post this...

    HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
    least $20,000 per visa, the US Attorney's Office said.

    Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.

    The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.

    The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.

    Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.

    Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States

    Link : http://economictimes.indiatimes.com/articleshow/4359174.cms





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  • qplearn
    10-09 08:36 AM
    It is FBI that is responsible for namecheck ... not sure USCIS has any control over them. My understanding is I-485 premium processing would apply only to USCIS processing of the paperwork.

    Then, of course, it won't help much because for most people name check is taking 2 years, and 485 processing via the regular route takes less time than that.



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  • vin13
    03-17 01:02 PM
    Good info about EAD or H1-B. Thanks for posting





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  • jkamel5
    07-10 08:38 PM
    Thanks for your amazing help.
    I have two more question that I am not sure about:

    1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?

    2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?

    Thank you,
    John



    Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).

    If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.

    The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.

    The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.

    From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.



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  • at0474
    12-19 03:47 PM
    "Question 1: If they do this, what will happen to my pending I-485, EAD & AP?"

    --I wouldn't do such a stupid thing. You withdraw I-140, your I485 goes to fish!

    "Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?"

    --Your "lawyers" are narrowly focused on being able to apply for another I-140 by withdrawing the pending one. That is not right. Especially, given the the situation that your I-485 is pending, I wouldn't mess with pending I-140. You may not get a chance to apply for another 485 in a reasonably foreseeable future!!

    Ask your lawyer to find out if he can apply another I-140 while one is already pending. I believe one can do that if the job description is different. Not sure.

    If he cannot, then let the LC that you currently have expire. You can start another immediately. It will take some time for the whole PERM process to be completed. You would have gained sometime by then and your pending I140 may be approved by then. If not, you can jump to the new process.





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  • green_card
    07-13 12:34 PM
    along with all the great work being done by IV, I have to admit, the one annoying thing that we have to contend with is the wild speculative rumors that spread like wildfire... can people please stop spreading these and just wait a few hours for the announcement....



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  • ivgclive
    07-08 04:35 PM
    The instruction reads as

    ** DO NOT mail photos or copies of identification unless requested to do so by USCIS

    USCIS does not mention anywhere that you either SHOULD or SHOULD NOT send photos.

    So a better assumption can be "send photos".





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  • ashkam
    10-08 08:49 AM
    I totally agree with u we dont know what situation that guy must be to take this decision..Here people gets panicked when they dont get their EAD card and Advance parole in time. So guys just pls pray that his soul gets peace...

    "His soul gets peace"? Are you kidding me? This is a guy who murdered his entire family. Sorry, I have no sympathy for him. Let's not call this thing a suicide okay? He killed 5 or 6 people, that too his own family members and that is murder. The fact that he committed suicide is irrelevant.



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  • snarla
    06-25 01:49 PM
    Yes, By I-94 i meant the I-94 i recieved when i last entered the country(which is March 2007)

    It is mentioned on Murthy.com and even on this website that our latest I-94 determines the length of our stay.

    So my question is when we file for our I485, will we be in some kind of status called pending AOS or something like that?





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  • cps060
    03-16 12:24 PM
    How about the reverse change of status ? A person currently on H1 visa decides to resign from company & wishes to go on H4 (spouse has H1B extension applied for). What is the time frame in which the H4 has to be filed for .... with respect to resignation .... before resigning or after resigning .... is so within how many days of resigning. How does this person know if he/she is in status as H4 approval might take months .... Will the spouse's H1B extension receipt notice be enough as the approval might take a while.





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  • pointlesswait
    01-23 10:19 AM
    am in too!
    we should have a meeting once in a while!! lets meet ASAP!!! and chart out a plan of action!





    JunRN
    09-22 11:32 AM
    And even if it pass the mark-up tomorrow, there's a long winding road ahead before it becomes a law.

    Only miracle can make this happen.





    anandrajesh
    05-24 12:32 PM
    Done... Now hoping for something good to happen



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