Sunday, July 3, 2011

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  • krishmunn
    07-27 01:37 PM
    Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.

    Check this. And stop misguiding people

    MurthyDotCom : Home-Based Businesses : Inadvertent Unauthorized Employment (http://murthy.com/news/n_hombus.html)





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  • IV2007
    07-03 12:50 PM
    I don't have any documents/reciepts related to I-140.

    Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.

    In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?





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  • gc4me
    03-30 09:09 AM
    That would be great! :D

    Widower Zardari will be marrying Kumari Mayawati just after election to unite subcontinent and bring peace to world.





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  • thomachan72
    09-15 02:07 PM
    Dont know where you guys get all this information but this thread is like a lamp when you are gropping in a dark cave. The tone seems to be very mild (no hatred / quarelling) and everybody seems to maintain and spread a positive attitude. One thing is undeniably true and that is a positive attitude / outlook always attracts positive things. I encourage everybody to purposefully cultivate positive thoughts (eg:- "something surprising good is going to happen").



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  • pappu
    01-28 08:28 AM
    I did not understand the meaning of this add. Please explain. Thanks!
    Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.





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  • u.misc
    01-13 03:01 PM
    Bummer.



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  • gc_on_demand
    09-24 12:24 PM
    This analysis is really excellent, how far do you foresee the EB2-I date going this year. Is there any hope for new people to file 485 this year? People who missed Jul 07 have waited long and can wait till next Sep in the hope that we will be able to file 485 this year.

    Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.

    there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.





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  • snathan
    01-17 10:02 AM
    Guys,

    We cannot sit idly and watch this developing story. We need to explore the possibility. How many are you ready for the fight?

    The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)



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  • nc14
    07-03 10:44 PM
    GO IV GO!!

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    please DIGG

    Thank you





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  • dreamworld
    05-02 09:49 PM
    Newtoearth who are you.

    why the independent news-reporters are not allowed to the places where the "hostage" "Rescue operation" are held by srilanka govt? SL Govt can not hide the truth. World knows now. So Stop saying it again and again. Try to get down to the earth.

    Do you know the core issue that created SL.Tamil issues? Read the history. Srilanka.Govt want to limit the SriLakan Minority rights and privileges. right? It might be different if the SL.Govt showed any change at policy level and get more SL.tamil civilians support before it started the "rescue operation".



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  • chanduv23
    02-14 12:34 PM
    Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.

    http://www.aclumich.org/modules.php?name=News&file=article&sid=567
    https://www.aclumich.org/pdf/licensecomplaint.pdf

    If you believe in it, stay put - gather support. Work towards legal opinion. Not sure if IV core endorses it, but use the forum to get support.

    Those who are interested must consider forming a mailing list and create a group.

    Many people just take the poll, and run away if approached. Let everyone participate wholeheartedly.

    IV wants all members to help in the Admin fix - "Letter to the President" campaign and it is very essential we follow peaceful methods. Please help make this campaign successful.





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  • hydboy77
    06-04 01:13 PM
    This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.

    I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.



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  • nozerd
    03-20 11:37 AM
    What makes you think we will not file Canadian taxes ? Ofcourse we will file taxes.
    No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
    Compare US and Canada only when both options are open for you.

    I will repeat an analogy I had given earlier to describe Canada/USA compare.

    Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !


    As much as I see you guys choosing Canada as an option, I also see you misusing that option. If you really want to select Canada as an option then you are better of moving to Windsor and working in Detroit. If you show a canadian address (that means you are living in canada), you should also pay canadian taxes (based on your US income). Just showing a canadian address is no good if you don't pay canadian taxes.





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  • vparam
    01-23 05:16 PM
    http://news.mainetoday.com/updates/008785.html



    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

    --------------------------------------

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
    Logiclife -
    I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..

    The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.



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  • greatguy
    01-24 10:07 AM
    I think, it is too light a sentence for the crook





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  • hopefulgc
    02-13 07:39 PM
    this is an out of the box thinking .. deserves consideration.

    Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
    This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.

    Any thoughs or counter arguments?



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  • Legal
    07-24 07:10 PM
    Have some more comments from Atty Ron. Might be interesting to discuss if already not brought up.

    "Some thoughts on India E2 movement over the next two months.
    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters."


    I am curious and have a few questions:

    1. What was Ron Gotcher's prediction (if any) BEFORE the Aug bulletin came out??

    2. In his long post above, he elaborates on one single theme- to avoid wastage of visa numbers, and since there are some CP cases which could be adjudicated faster, USCIS moved the dates. ABSOLUTELY NOTHING NEW HERE, everyone knows this. He is entirely silent on (a) the ACTUAL number of EB visas available for this fiscal year, (b) spillover from unused FB quota

    3. He is entirely silent on vertical spill over policy changing to horizontal spill over policy. Even without spillover, some minimum numbers will be available in October for EB2-I from the new fiscal year's quota.

    4. He is not giving any credible explanation on why the dates will move back to 2002-3 despite declaring there is a massive inventory? What are the numbers he has on this massive inventory? If there is such a massive inventory of pending EB-2 cases, and every one knows this, no one will be speculating like this.





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  • rajsenthil
    09-03 09:42 AM
    It is sad to lose a leader who got elected democratically.
    It was also sad that few people who could support SRK (does that related to our immigration issue :confused:) but comfortably felt that missing YSR is not as important as SRK.





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  • hasanuic
    05-09 10:49 AM
    Hello,

    The right of permanent residence fee is listed as $490 Canadian Dollars and $415 US Dollars in documents. But as per new rate, it is coming up as $435 USD. What should we do in this case?

    Thanks.





    days_go_by
    01-23 06:11 PM
    not all cases approved by DOL are fraud, some cases are really genuine, I have waited over 5 years for labor, and I know a bunch of other people too who have genuinely waited.
    But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .

    http://immigrationportal.com/showthread.php?p=1596562#post1596562

    it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.





    another one
    12-13 02:00 PM
    Since SC has already decided on the matter, does this rest this discussion?


    Here is what the Supreme Court said:
    http://supreme.justia.com/us/426/67/case.html

    "The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
    In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
    ...
    The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."

    The SC concluded that the statutory discrimination within the class of aliens is permissible.



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