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  • answers_seeker
    09-17 12:25 AM
    tabletpc,

    Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.

    tv25 shouldn't have entered using H4 visa that got invalidated as soon as the H1B was used.

    This is a serious issue and as all others are saying, tv25 needs to contact an expert immigration lawyer.

    thanks
    gcisadawg


    Guys, please do not scare the poster needlessly with half baked knowledge.

    Think of the following,

    1. When she went for stamping , they did not CANCEL her H4 visa stamp. Cancelling a visa stamp is a very very easy thing to do. For example if you still have 30 days left on ur stamp and u went for a visa stamp , they put a big CANCELLED on your old visa stamp.

    2. So what does this necessarily mean ? This means her entry to the US is dependent on the immigration officer at the POE.

    3. Her H1 was denied due to mis representation of facts, which means her COS is essentially denied, even though she was allowed to work since her COS went through while in the US.

    4. Don't you think the officer can see her COS in his system when she entered on H4 ? Basically he let her in on good faith that she will not be using her H1 anymore.

    Her status is now H4, if she needs to work, she will not have to use EAD or apply for another H1 COS. And here's one more thing, she will now not be subject to the quota since she is going back to H1 within the same year.

    My wife's H1 stamp was denied in Vancouver canada and she had her H4 stamp still valid. So we asked the IO specifically if we can use to enter it back to the US and he said specifically " it is up the officer at the POE". After we came back to US within a couple of week we applied for another H1 with same company and it got approved.

    Hope this helps.





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  • Kodi
    05-22 05:23 PM
    If you are legal now I don't think they'll consider you illegal because you did somethin 2-3 years back.

    If you attended college on F1 in the US I'm sure most worked off books. That should qualify you as an illegal but I don't think they'll consider what u did before if you're legal now.





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  • newbie2020
    06-10 04:30 PM
    Albert pinto ko Ghussa kyun aata hain.. ;)

    just kidding..





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  • 485Mbe4001
    11-24 04:34 PM
    i hope we wake up and realize that we are all in this together. When i met with my congressmans assistant, i had boasted that we were 25+ members and had more than 300 in his district... The guy was suitably impressed. When the action item to call the congressman was launched i was told that only a handful called his office. The sad part is that while people posted on the forums to get a green dot, i know some didnt call because i had followed up with the office. EB3 Vs EB2 battle had the biggest fallout on the group, those rabid discussion brought out the worst amongst us and many volunteers (including myself) stopped. We had a great opportunity during the letter writing campaign, it was the best change to resolve some of the painful issues... we all know what happened.
    Most of us talk about unity till it suits us ( and i dont mean walking_dude, i am aware of the great service has done, including the fight to ammend the drivers license issue).

    Instead of asking for more bread, we are fighting ferociously for the scraps like dogs!

    It was estimated by Compete America that if the last CIR had passed there would have been more than 500,000 visa numbers recaptured ( don't ask me for the math, I didn't come up with this number). Assuming that the Nurses took away a chunk of it, we still would have a big chunk to statify Eb3, Eb3, ROW, India, China etc. etc. And the nurses are going to walk away with a big chunk folks - whether we like it or not - because we are fighting each other like dogs for the scraps of the spillover, while they will come up well organized and walk away with the cake.

    Our disunity, lack of long-term vision, lack of action is our biggest weakness. We will not win unless we fight this together.



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  • dpp
    08-14 02:22 PM
    Check below responses.

    Using AP for travel is losing H1B Status?

    Nope. You can continue to work on H1 eventhough you use AP for re-entry.

    Also dependent GC applicant using EAD means losing primary applicant H1B Status?

    Nope. Dependant usage of EAD is no way related to primary applicant. Each 485/EAD/AP is a separate application. But if primary uses EAD for work, then dependant loses H4 status and both comes to AOS pending status.

    Please let me know?

    Thanks





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  • saileshdude
    05-28 01:40 PM
    That is not true about TSC. I applied about 5 weeks ago and did E-Filing. I got the receipts within a week but so far no updates and no LUDs on the receipt number also.



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  • gc_check
    11-22 07:55 AM
    I guess when it comes to GC processing, NOTHING is really "wrong" is it? If you get a chance to work around and beat the long lines, I guess "It's all good". Some people are lucky that they get a chance to get Labor Sub, some ppl marry the GC and some ppl like the rest of us wait in line like "honest citizens".

    The REAL question is, just how many of us would have refused a good labour sub, given the present conditions, solely on the basis that "it is unfair to others"? I know i would have taken it. Reason? It's LEGAL (or used to be). Our "misfortune" (if i can use that word), is that we did not get a similar chance.

    For those wondering, what I am babbling about: "Let's not look down on this guy who got his GC approved by Labour Sub, or even continuously point out that he did."

    Well said, No one here is going to let go an opporturnity here, if one gets one. In my case, I did NOT go in search of one, and I did not get one. So waiting in line for years. that said, If I had got an option, I would have taken advantage of it. This guy does deserves his GC. Anyway, he/she has been here since 1997 and it is a long time too.





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  • desi3933
    03-10 11:34 AM
    ....does PD porting require that the new GC application have exactly the same job profile as the one for which the original Labor was filed and I-140 approved?


    No.

    The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.

    The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.



    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • myimmivoice
    04-04 12:44 PM
    Core team and IV,

    You are doing great work. Keep it up. Great progress in short time.

    Positive approach wins.





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  • chmur
    04-07 11:02 AM
    There is good chance that we might loose visas this year too....with USCIS allocating resoucers to citizenship apps given the elections in november.

    We need to prevent that....that ought to be priority # 1....recapture can happen in parallel .



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  • snathan
    03-29 04:06 PM
    Hi Guys,

    I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.

    He ask me that what could be the best way to avoid this fees , some of the option that we thought about,

    1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?

    2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer

    3)If US client utilize remit2india, ICICI to transfer money which I highly doubt

    I appriciate your responce on this.

    #1 - he would not be able open the account here without SSN/EIN and need to pay the tax here if register his company here. Corporate tax rate is 35-39%

    he is better off with 4%





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  • nag2007
    04-03 02:22 PM
    They should also allow people from Backlog Centre (PD 2001-MARCH 2005) to file 485. Looks like they really cant make any impact. How many more years to wait just to file 485 ? Oh Gosh....



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  • Hermione
    10-02 01:00 PM
    Absolutely. Assuming your I-140 is approved/approvable and will not be withdrawn, you will be able to AC21 to your new position after 180 days of I-485 pending. And the best thing, it will only depend on similarity of the job, and no ability to pay questions. Good luck!





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  • gc_kaavaali
    07-12 11:26 AM
    I see definately it will move further..atleast couple of months for EB2.



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  • eb3India
    04-21 11:41 AM
    OK, for those who thought my name suggestion was serious , well I was just kidding, cuz this topic itself was a joke so I just played along with it,

    I am not really effected by GC delay, cuz I was able to file I-485 in 2004 and I changed my job twice using AC-21 (refer to AC-21 thread I explained my situation), Also my wife is working with EAD, so I have no reason to go insane, but remember I still contribute to IV and itz cause, while I know many guys stuck in labor for last 5-6 years are still skepctical about IV.

    Now back to H1B subject, I am glad IV is not promoting H1B increase, just because I came in H1B it does not mean H1B any better,

    Why do I care about H1B.

    Because I have been here for almost 10 years and I have seen how this program is abused, c'mon gusy we are educated and qualifed and we should not be so desparate to come to US by any means, when I say abolish H1B it does not mean I am against immigration, I just want reform the system where people have more option when they came here, How many of you guys are still hanging onto same company with same salary, think rationally and think beyound GC





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  • Leo07
    06-25 12:00 PM
    Guys,

    Can anyone in IV confirm if this is a valid source...to send faxes.

    As much as I'm tempted to fill out my information on a public forum, I wanted to know if this site is NOT some crappy site trying to cash on my emotions. Really, there are blood-suckers out there...

    Thanks!

    America’s Voice | Ask Washington for a Road Map, Now! (http://americasvoiceonline.org/page/speakout/Roadmap)

    This is what wrote:
    Subject: Please include legal immigrants in CIR

    In CIR road map, please include legal immigrants waiting for GC for years (in some cases decade) because of unavailability of visa numbers.

    Thanks.
    Sincerely,
    XYZ



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  • jthomas
    04-02 04:29 PM
    Thanks for your answers





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  • learning01
    05-26 07:56 AM
    28.
    16 Republicans and 12 Democrats.

    Here is the Chicago Tribune editorial on the Senate CIR bill.
    The Senate's better vision
    Published May 26, 2006
    .............
    The Senate on a 62-36 vote Thursday approved a far better plan.
    ...................
    This issue is too important for such heavy-handed partisanship. If the House fails to compromise to get an immigration law, it will reinforce the broad public impression that this GOP-led Congress can't get anything done.
    ..................
    Against long odds, the Senate has produced a comprehensive immigration bill that looks beyond the House's one-dimensional solution. It deserves to be considered in good faith in conference committee. Building on the lessons of 20 years of failed immigration policy, the Senate bill represents our best chance yet to finally set things right. It's time for negotiation, not noise.

    Copyright � 2006, Chicago Tribune

    LINK (http://www.chicagotribune.com/news/opinion/chi-0605260222may26,1,7539910.story?coll=chi-opinionfront-hed) at ChicagoTribune.com


    Here is my guess on who will be in Conference from Senate side.


    Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold





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  • HomePlanetAlien
    07-13 12:24 PM
    This is something that's doable without legislation. It would be done for employment based visas.

    I've been reading the posts all day since yesterday. The most plausible "PERMANENT SOLUTION" has to be this. Please read the msg from IV

    1. No change in July bulletin
    2. No change in August bulletin
    3. Well in that case it has to be this. It would be least controversial.
    Please avoid all this sensationalism in your thread headers! You don't seem to know squat and are claiming something without any reference...the red dot/square seems appropriate...why I am replying to this!?





    Marphad
    04-03 12:04 PM
    IV community is noting but you and me. IV is a friend. IV is there to help people.

    Folks - one must also realize that talking to administration and getting things dione costs a lot of money through advocacy and IV needs a lot of money.

    So please be generous enough to contribute to IV - we need a lot of funds in these times when we really needs help

    Completely agreed with Chandu. As recently said by him, we have enough split: H1 vs GC, EB2 vs. EB3. Lets not create one more: Donor vs. Non-Donor.





    GCKaMaara
    05-12 02:52 PM
    How much spillover to EB2 India you guys are estimating this year?



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