gc28262
03-18 08:28 AM
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
This is all nonsense !
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
This is all nonsense !
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rex
07-03 10:37 AM
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
soma
02-13 04:12 PM
hi,
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
You can find the letter formats in the following thread.
http://immigrationvoice.org/forum/showthread.php?t=16506
You will find most of the information regarding the letter campaign out there....
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
You can find the letter formats in the following thread.
http://immigrationvoice.org/forum/showthread.php?t=16506
You will find most of the information regarding the letter campaign out there....
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felix31
01-22 09:59 PM
ofcourse she cannot change her status until oct 1st. How ever the sluice gates for the new h1 quota open on Apr 1st and will be gone in days. My question is Does she need her H4 approved to have her prospective employer file the I 129? (or) Can she just provide the notice of action she received for her H4 extension filing to show that she is maintaining status?
I also want to know the same...
Please, anyone??
I also want to know the same...
Please, anyone??
more...
DSJ
05-30 01:09 PM
I had similar issue with my spouse H4, then I applied her H4 again before the I-94 expires on the pass port. In my case (h4) costed only $200, I didn't wanted to take a chance then applied and got the extension. If you want to safeguard your status, you better apply for H1 extension, if it is really expiring they will extend your H1 otherwise they might return saying you cannot apply for extension prior to 6 month of expiring.
So decide yourself, don;t ask peoples opinion too many times, you always get mixed results.
NOTE: according to my employer, I-94 given at the POE super seeds all the other form of I-94.
I visited my local USCIS office and the officer told me that they don't do I-94 updates and asked me to contact the CBP office. When I called them up to get an appointment, I got transferred to a lady who asked me the details. After listening to my case she said its perfectly okay and asked me to attach the new I-94 from the 797 to the passport. Is this true?
I am trying to get hold my lawyer but in vain. Please help!!!
So decide yourself, don;t ask peoples opinion too many times, you always get mixed results.
NOTE: according to my employer, I-94 given at the POE super seeds all the other form of I-94.
I visited my local USCIS office and the officer told me that they don't do I-94 updates and asked me to contact the CBP office. When I called them up to get an appointment, I got transferred to a lady who asked me the details. After listening to my case she said its perfectly okay and asked me to attach the new I-94 from the 797 to the passport. Is this true?
I am trying to get hold my lawyer but in vain. Please help!!!
langagadu
06-04 07:41 AM
Why are you jealous. Seems like he is qualified for EB-2 and applied it.
Buddy, I am in the same situation with an American company for which I am working since 2002. I applied in EB-3 (at that time per the job requirements). Company is ready to promote me but I am not accepting due to my EB-3. They decided to file labor for the future job which comes under EB-2. They filed it and waiting for approval.Once I get labor and 140, yes I will use EB-2 and take the promotion. How is this become an abuse, can you expalin? In my view if you get an offer for the future job in EB-2 category and not use that opportunity then that is called abusing yourself not the law.
What's wrong there other than making some people jealous.
Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
Buddy, I am in the same situation with an American company for which I am working since 2002. I applied in EB-3 (at that time per the job requirements). Company is ready to promote me but I am not accepting due to my EB-3. They decided to file labor for the future job which comes under EB-2. They filed it and waiting for approval.Once I get labor and 140, yes I will use EB-2 and take the promotion. How is this become an abuse, can you expalin? In my view if you get an offer for the future job in EB-2 category and not use that opportunity then that is called abusing yourself not the law.
What's wrong there other than making some people jealous.
Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
more...
gclabor07
06-16 05:07 PM
Try this company for a mortgage. When I bought my house in 2006, I used them. They had the best rates, closing costs are relatively cheaper too. They are a small company, but are very customer friendly. Once they loan you the money, eventually, they will sell that mortgage to one of the big banks -- Countrywide, Citi etc. At that point, you'll need to start dealing with the new company.
http://www.homefinanceofamerica.com/
http://www.homefinanceofamerica.com/
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validIV
03-17 08:43 PM
Say a person has finished his 6 years and got a 3-year extension based on an approved I140. Now, he is working in his 7th year and his 485 gets rejected. Would that mean he still has 2 more years of H-1B or does that mean he loses the remaining 2 years of H-1B time immediately since 485 got rejected?
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
more...
optimystic
04-06 01:48 AM
Thanks to everybody who took time to share their opinions here.
Yup, there's some good information here.
Yup, there's some good information here.
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mallu
03-01 10:50 AM
http://www.murthy.com/news/UDnograc.html
more...
jthomas
03-24 05:13 PM
I am looking for power electronics design engineer position anywhere in US. If you happen to know any please post it here.
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Mikoers
February 19th, 2004, 07:59 AM
With mush ballyhoo, the Nikon D2H hit the streets not too long ago. It was approximately two years in the making, and seemed to counter the 1D for Nikon users. The Canon 1D Mark II (on paper) , seems to be a very significant improvement to the 1D, and jettisons again past the D2H. How confident can Nikon users be that Nikon can maintain pace in the professional DSLR arena?
With 80% of the total professional market I guess not too badly. I believe the D2H is a much newer system than the 1d mk2 and of course it will be almost half the price streetwise, so a lot of part time pros will want to consider this body seriously. I seem to rember the 1D did not do well against the D1H, also with half the res, until the 1d started to match the Nikon price. I guess the same thing will happen, only the D2H does have a killer system this time round. Someone mentioned file tranfers to editors and publishing house and mobile connectivity,I think that's where something like the D2H will probably score. Canon are big timers, they will stay the course, at least for now. I don't think hoping for Nikon to be on the ropes will be particularly useful though.
regards
Mike
With 80% of the total professional market I guess not too badly. I believe the D2H is a much newer system than the 1d mk2 and of course it will be almost half the price streetwise, so a lot of part time pros will want to consider this body seriously. I seem to rember the 1D did not do well against the D1H, also with half the res, until the 1d started to match the Nikon price. I guess the same thing will happen, only the D2H does have a killer system this time round. Someone mentioned file tranfers to editors and publishing house and mobile connectivity,I think that's where something like the D2H will probably score. Canon are big timers, they will stay the course, at least for now. I don't think hoping for Nikon to be on the ropes will be particularly useful though.
regards
Mike
more...
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ssingh92
11-13 01:59 PM
Inform to SSN Office that you are leaving the country. It will make sure that nobody if steel your identity misuse your SSN. If some point in future if you return to US your credit history will not be bad.
Just send a letter for address change to US Imme office also get stamped in your passport about border crossing at US point.
I also had Canada PR but can not find a good job so cancelled it. I found that India is far better than Canada.
Just send a letter for address change to US Imme office also get stamped in your passport about border crossing at US point.
I also had Canada PR but can not find a good job so cancelled it. I found that India is far better than Canada.
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reggie
02-06 07:54 AM
up
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amitjoey
05-22 06:21 PM
Please use this:
We have been model "future citizens" by paying all our taxes, abiding by civic laws and meticulously making sure that we never get out of our precarious H-1 B visa status. This is how we are rewarded. This isn't a "grand bargain" it is not even an "amnesty" as many anti-immigrants are labeling it, this is worse, it is a "travesty." Bravo US Senate, you just proved that playing by the rules is such an unAmerican trait. We learn that from your grand bargain. Better late than never. So being illegal, not paying taxes will yeild you a green-card after 8 years of z-visa. How about many of us that have been subjected to endless waits, thousands of dollars in USCIS Fees, paying taxes for the last 8 or more years. Do we have to wait for another 8-10 years?. With the "grand-bargain" it does seem like it will be more years for legals waiting in line.
I like to think that being illegal is better than legal as per the provisions in CIR!
What do you think of H4-spouses who can't work whereas those illegal can now apply for a work-visas!
What do you think of parents who were not issued visitor visas for silly reasons? Whereas those who by hook or crook got here are being given work-visas?
How come the illegals are guaranteed a GC within 5 years and the current legal immigrants are NOT?
How come the illegals can work and the legal residents on certain visas can't?
How come the illegals can work for any employer while H1Bs can't?
I am not against giving these benefits to illegals if that's how it needs to fixed. But what about us, the bright and good folks!!
When did h1b become a joke?
This grand-compromise is not making sense at all. It's smelling real bad for legal-visa holders.
I would like to hear from you folks..
We have been model "future citizens" by paying all our taxes, abiding by civic laws and meticulously making sure that we never get out of our precarious H-1 B visa status. This is how we are rewarded. This isn't a "grand bargain" it is not even an "amnesty" as many anti-immigrants are labeling it, this is worse, it is a "travesty." Bravo US Senate, you just proved that playing by the rules is such an unAmerican trait. We learn that from your grand bargain. Better late than never. So being illegal, not paying taxes will yeild you a green-card after 8 years of z-visa. How about many of us that have been subjected to endless waits, thousands of dollars in USCIS Fees, paying taxes for the last 8 or more years. Do we have to wait for another 8-10 years?. With the "grand-bargain" it does seem like it will be more years for legals waiting in line.
I like to think that being illegal is better than legal as per the provisions in CIR!
What do you think of H4-spouses who can't work whereas those illegal can now apply for a work-visas!
What do you think of parents who were not issued visitor visas for silly reasons? Whereas those who by hook or crook got here are being given work-visas?
How come the illegals are guaranteed a GC within 5 years and the current legal immigrants are NOT?
How come the illegals can work and the legal residents on certain visas can't?
How come the illegals can work for any employer while H1Bs can't?
I am not against giving these benefits to illegals if that's how it needs to fixed. But what about us, the bright and good folks!!
When did h1b become a joke?
This grand-compromise is not making sense at all. It's smelling real bad for legal-visa holders.
I would like to hear from you folks..
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abhishek101
02-08 11:43 AM
Hello guys,
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
1. You can walk to your local SSN office and ask them about the lockdown on SSN.
Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)
2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here
401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)
2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.
also r2i websites are great help.
Good Luck
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
1. You can walk to your local SSN office and ask them about the lockdown on SSN.
Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)
2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here
401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)
2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.
also r2i websites are great help.
Good Luck
more...
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puvathoor
04-04 03:50 PM
I saw a comment on a lawyer's website that recapture of unused visas can only be done through legislation and not through administrative fix..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
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ingegarcia
05-06 09:01 AM
When my wife registered to the University here in New Hampshire they did not ask her for status.... and she did not bother to ask. She showed driver license and proof that she had been living in the state for more than one year. University registered her as a resident.
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kirupa
04-02 12:20 AM
The voting part is currently over! Please read my earlier post, as some of the vote counts will be adjusted to remove votes from individuals who have the same/very similar IP as another voter for the same entry.
There seems to be a tie for 2nd place with three entries having 8 votes. Therefore, there will be some runoff voting as well.
Should be exciting :P
There seems to be a tie for 2nd place with three entries having 8 votes. Therefore, there will be some runoff voting as well.
Should be exciting :P
ivjobs
11-13 03:34 PM
^^
IVStartup - Entrepreneurial group is trying to pool up as much as possible the startup statistics from its members/resources so that this could help IV pitch in with concrete numbers how offering greencard could foster generating new jobs in the bleak economy. EB based applicants not only can deliver the high skilled requirements but do generate employment for americans too through these startups...
IVStartup - Entrepreneurial group is trying to pool up as much as possible the startup statistics from its members/resources so that this could help IV pitch in with concrete numbers how offering greencard could foster generating new jobs in the bleak economy. EB based applicants not only can deliver the high skilled requirements but do generate employment for americans too through these startups...
omahaguy
04-09 05:17 PM
Thank you axp817 and roseball.
My I 140 got approved just after moving to company B
My old attoney only filed I485 with old labor and I 140.
My I 140 got approved just after moving to company B
My old attoney only filed I485 with old labor and I 140.
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