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  • ameryki
    11-10 12:35 PM
    Pros of using H1B:

    1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
    2. You can bring your spouse / dependents using H4
    3. Getting Driving License renewal up to the duration of H1 is not a problem.
    4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
    5. EAD renewal every year is expensive and can save money!

    Pros of using EAD:
    1. Can get a job where the company is not willing to sponsor.
    2. Can save H1B time and can be used in future, if needed. [I read about this some time back and users need to check regarding it's validity]
    3. Can change companies without any documentation using AC21. [USCIS don�t ask don�t tell policy?]

    Please add in appropriate category, if I missed any information.

    My 2 cents!

    I read on some lawyers site from someone that posted it here in this forum if you move to EAD and surrender your H1 status you can no longer tap in to the unused time frame if you do get in to a situation at a later time. just my 2 cents.




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  • ryan
    04-20 01:59 PM
    I assume you've likely never studied in India though. An bachelor's degree in engineering is not very expensive, if you have good grades.
    10 years back it would cost about $100-200 a year, if you qualified through a state ranking system.

    Tony, I didn't grow up in India. I am oblivious to its education ways. That said, some of the comments expressed here, is not the way to talk to anyone with an education, no matter what school they graduated. Anyway, I'm done here.




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  • qplearn
    11-16 02:06 PM
    He hates Illegals and not legal immigrants. I almost have heard him everyday going back home from work and all the time I have heard him saying there are people who legallly coming here for work that he supports. He always has been against "Amnesty" to Illegal Immigrants.

    It may be worth a try. Its up to you seniors if you feel its not worth it.
    I am not senior in any way; seniority is based on the number of posts. I just expressed my opinion. He is certainly better than people like Lou.




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  • andycool
    07-16 01:04 PM
    With my very best wishes to those of you waiting for your GC, this thread is created for the lucky among us who received it recently. I am putting together a list of things to do, and not do, to maintain our freshly minted PR status, which should also help during future citizenship application. The list is mostly about little things that others have learned from experience (and I am learning from their experience, by reading in immigration-related forums such as IV). The more obvious things that can be found for example in USCIS handbook (http://www.uscis.gov/files/nativedocuments/M-618.pdf) are not included here. Below is a snapshot of what I have gleaned from Internet so far, and please add your own input(s):

    LIST of DO's :

    1. Carry the original PR card on your person at all times (e.g. in your wallet), keep photocopies in different places, and also store A# on your computers. Note: This is a contentious issue (do a google on "carry green card" and see for yourself), despite being required by law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Some people are naturally worried about losing wallet and the eventual hassle of replacing the lost card (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas others, including me, prefer to follow the law, in case I am suddenly asked to produce evidence of my legal status (e.g. in some border states, or unforeseen events, such as being involved in an out-of-state car accident where showing my DL might just not be enough). Failure to comply may result in, at best a fine, and at worst detention for breaking a law. (See comments by InTheMoment below for additional perspectives.)

    2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).

    3. Retain all employment-related documents, particularly original copies of appointment letters.

    4. Retain copies of all tax return forms from the year of your first entry, or (at least) previous 10 years (you can request IRS (http://www.irs.gov/pub/irs-pdf/f4506.pdf), or your professional tax preparer, for any missing copy).

    5. Maintain a detailed log of USA exit/entry, including dates, POE and countries traveled, beginning with the day of first entry.

    6. Maintain a detailed list of all legal troubles, including minor traffic infractions such as speeding violations (ignore parking violations, because they do not constitute legal "detention"), going as far back as possible. Keep copies of all relevant court papers, traffic tickets, proof of any payment (e.g. scanned copies of personal checks used, credit card statements), and so on.

    7. Update your social security card (http://www.ssa.gov/online/ss-5.html) to remove any restrictive clause about work authorization printed on it. Here is another thread (http://immigrationvoice.org/forum/showthread.php?t=20610) that discusses this point further. Note: AFAIK, the procedure changes nothing as far as your privileges go, and some of you may not even have such a clause on your SS card (I don't have it either).

    8. Return your I-94 cards to POE on your next trip outside USA, to "close the open files" on your past travels. AFAIK, this may be more relevant to those who applied for GC via special registration (NSEER) (http://www.ice.gov/pi/specialregistration/), and probably does not matter to others.

    9. Renew DL to get rid of the annoying "Temporary" word (in case you are in one of those states that do this).

    10. Update your status with your employer by filing new I-9 form (thanks to InTheMoment for this point).

    11. Continue to notify USCIS (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCR D) about change of address within 10 days of moving, as before (thanks to seahawks for this point).

    12. Keep a list of current and past residential addresses, including dates of stay. Retain all leases/ownership documents.

    13. Remember the basics: Initiate your GC/passport renewal process at least 6 months before expiry/Intl travel (Thanks to pappu for this point.)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    LIST of DONOT's :

    1. Do not sign up for voter registration card. In particular, never vote in national/state/local elections that are open only to citizens, because this is also a law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Even an accidental mistake (e.g. voting out of ignorance) is a serious offense, which would not only derail your future citizenship plan, but may even result in deportation.

    2. Do not develop a pattern of frequent and/or long absences from USA, unless you have taken prior permission for valid reasons (e.g., studying abroad, medical emergencies etc). Otherwise you may face trouble at POE on your next re-entry attempt, because DHS has become stricter in recent times about possible misuse of PR status, and POE folks are now trained to spot such patterns.

    3. Do not switch job soon after getting GC. This is one of the most discussed, but least understood, issues because no one seems to agree on "how soon is soon". The rule of thumb appears to be "6 months", and a safer bet is "1 year" (here is a thread (http://forums.immigration.com/showthread.php?t=154533) on another forum). This again relates to USCIS being increasingly sensitive to possible misuse of PR status, and this question will come up during your citizenship application process. (Invoking AC21 while GC was pending makes the issue somewhat different (http://www.murthy.com/485faq.html#13).)

    4. Those of us who self-sponsored our GC via NIW or EB1A route are not bound by such employer-employee commitment, but you should continue working in "similar areas of expertise" that you claimed in your NIW/EB1A petition, and preferably on a longer time scale.

    [This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]

    Cheers,
    Stuck(no more)InTheMuck

    5. When you file taxes Never claim your self as Non Immigrant .



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  • sbabunle
    02-09 05:53 PM
    The closed or cancelled cases will be minimal now since all the 45 day
    letter is completed . I think 90% or more of the pending cases will be certified.

    If LC substitution is eliminated a lot of LCs will be timed out.







    Let's go by the published percentages.....
    21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
    Let's assume that the same trend holds.....
    At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
    Assume 1.1 spouse+child each principal....
    That make total 410 K in the line just from BECs.....This is a conservative estimate...

    The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....

    There is no solution but to increase the total numbers...




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  • chicago60607
    09-17 12:51 PM
    FInally on recording the vote it actually failed. May be the chair wanted the amendment to pass.

    Man, I gave you a green just for the Megatron reference!

    By the way, wasn't it Starscream who says "The ayes have it" before dumping them out in space :)



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  • needhelp!
    11-27 06:52 PM
    http://www.alipac.us/ftopic-91255-0-days0-orderasc-.html




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  • GCard_Dream
    01-29 05:15 PM
    Do you have a link to this news/alert?

    01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007

    * Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
    * The planned implementation day appears to be April 2007. But it can be earlier!



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  • FSL
    08-27 12:23 PM
    I am hoping atleast it will move forward and not backwards....

    Dec 2001 is my guess. Hopefully, it will continue to move as the year progresses...


    what DEC 2001 ? Is this for India China or rest of the world?




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  • abhijitp
    12-03 06:34 PM
    Hi Abhijitp,

    I already did a one time contribution of 100$. But they are saying about recurring small contributions.

    You didn't get my point. I was saying there is no way any user can donate 10$/ month in recurring way..

    Let me know so that i can explain again in detail.

    Thanks,
    Kris
    Thanks for your contribution.

    Right, IV is not officially promoting this, and rightly so... every contributing member will then sign up for $10 a month, everyone else will complain about why it is not $5 a month.

    What I meant is, if someone wants to contribute $60 over 6 months, they can do it rightaway. Just paypal it to donations at immigrationvoice.org, then remember to do it again after 6 months.

    Why wait for IV to lay the red carpet, when you can walk in right now?

    If there is the WILL, there is a way. But if you decide to wait for some scheme to sign up thousands of $10 contributors, then the day WILL never come.

    This is not targetted to you, but this is for anyone & everyone who has been "considering" contributing for the last seveal weeks/months/years thinking about it everyday over a $2.5 cafe latte.



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  • rimzhim
    02-01 04:54 PM
    Anti-immigrants can not be able to pick on this, because Retrogression will worsen all these things. Those people will continute to work with those desi consulting companys irrespective of the fact that they have GCs or not, because they cannot stand on their own feet.

    If the retrogression goes away then people with good skills can move freely in the market and will be more readily available to the market. In fact that would harm thse companys big time. Currently both good and not so good people are hostage in the hands of these companys and these companys are sort of dictating the makket conditions.

    In economic terms the difference is same as Free market and monopolistic market.
    thx. this is enlightening for me! survival of these companies hurts ppl with high skills, it increases retrogression, and it untimately harms the economy as well.




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  • raj2007
    06-11 08:28 PM
    Hi Gurus,

    I need an advice from you.

    The situation:
    -- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)

    -- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.

    So what are my options now?

    1. Check with attorney and start defending..?
    2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
    3. What about my GC?

    Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..

    Thx,
    PD is Nov 2006.

    What's your insurance coverage? It seems you had rental car. Have you taken the rental coverage at that time?

    Send me PM and I can ask my friend, who was invloved in big accident like you. Insurance company will fight for the last penny and after that you have to pay, if it is not covered.



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  • vselvam
    09-24 06:55 PM
    http://boards.immigration.com/showthread.php?t=286606
    I know the post was entirely wrong and foolish.

    But I feel that I am in the dark about IV activities for the past one year.
    I am one of the silent IV Supporters and long time (from the beginning) monthly contributing IV Member.

    It would be better to have a special thread/monthly bulleting page from IV to tell the members to know about IV activities or progress.

    After the last year July fiasco issue I have not seen any posting about IV activities on the web site other than lot of threads and could not able to figure out the work IV is exactly doing.

    I strongly believe because of IV core team only we were able to come through successful in July 2007 Bulletin issue. But do not know what else is IV doing for the past 12 months.

    The Flowers, Letters and Phone Calls is not working as we expect. I do not know about other activities other than sending letters and phones during every congress session.

    I believe IV need to do some thing different. There is no media reports about legal immigration issue (not for IV) for the past one year.

    My perspective is that we need to find a way that Media and Public will aware of the issues we face every day.
    I am not questioning the IV Core Team. It would be great if the IV members know some details about IV activities every month in a bulletin or thread etc.

    Thanks
    vselvam




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  • ndialani
    11-18 03:50 PM
    Hi ndialani,

    Did you contact ombudsman after this? Is there any progress in your case?

    I got similar reply from ombudsman but still there is no progress in my case.

    Thanks.

    No , i haven't contacted Ombudsman office after that.
    Check my earlier post. , I was able to talk to IO at TSC, and he had my file assigned to him the same day. There was a problem , in there system , anf my I-140 was showing
    EB-3 instead of EB2. I got that cleared. that was 10 days back. Now , i m just waiting....



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  • smodekurti
    10-12 10:25 AM
    Friends,
    I too have received an update from CRIS about reopening my old H1B from my previous employer which is a large multi-national organization. I have changed the company since then and I have already received my EAD with the new company. I am a bit worried about the outcome of this review. If in the event of revoking the H1b of my previous employer, will my current H1B will also be revoked or am I safe irrespective of the outcome. Would really appreciate if someone can provide any feedback.

    Thanks




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  • priderock
    07-12 01:01 PM
    I think that is what they will do in order not to look like fools.
    the question is, What happens to those july filers whose applications have not been returned yet and who will become current in the next bulletin.
    Will USCIS ask them for the new fees.... Will they have to do all paperwork again including medicals.....what a mess!

    It will be even interesting for cases that are not returned but will not be current in next bulletin. Your medical reports are valid for one year.



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  • mpillai
    05-08 09:18 PM
    Congrats desi3933.
    Lets help others here also towards that path.




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  • spdy_mn
    11-06 12:52 PM
    Positive or negative we need to know what is going on out there, this visa deal has made me a geek (no offence), I watch CSPAN when Monday night football is on.

    :rolleyes:

    I bet C SPAN was more entertaining than the Steelers drubbing of Ravens yesterday :D




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  • mhathi
    11-06 02:41 PM
    Your company is not a sample of the entire population. The H1B program is not on-demand program. It is once in an year annual event (because of the demand). US based companies when they get a new project which needs a position, if they cannot hire locally, cannot get H1B worker from overseas when they want. So, in anticipatory mode they have to get some numbers and utilize them and we do lose some H1B visas if they cannot bring them for various reasons.

    Is it fair, may not be. Is it widespread waste, I don't think so.

    Coming to market reality - how many US workers will join a desi consultancy company or India operations based company?

    The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!

    IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.




    willwin
    06-19 05:29 PM
    I am not sure willwin. Sorry :confused:

    Please don't be. I am glad that I finally got a response!!




    stldude
    07-19 09:44 AM
    PD : EB3 , May 2003
    Date Delivered : July 02 8:44 am
    Service Center : NSC
    Rejected: Not yet.. ( I hope not)



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