ski_dude12
11-10 02:41 AM
I believe your answer below was related to this situation:
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
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chanduv23
03-13 10:23 AM
One step closer.
With last year crisscrossing, EB2 India most apps are cleared upto september 2004. We should not have too many in 2004 except substitution cases.
Hope it will step into 2005 in next 4 months....
Yes, I guess the slowdown will happen when it hits the 2005 mark when PERM was introducted and a lot of EB3 were converted into EB2
With last year crisscrossing, EB2 India most apps are cleared upto september 2004. We should not have too many in 2004 except substitution cases.
Hope it will step into 2005 in next 4 months....
Yes, I guess the slowdown will happen when it hits the 2005 mark when PERM was introducted and a lot of EB3 were converted into EB2
meridiani.planum
08-23 05:24 AM
Company A applied for my labor and I140(approved and Active currently) in 2005. Moved to company C in April 2007(H1 transfer), applied for I485 using Company A's EVL in July 2007. I got a 485 RFE now for EVL. Can I now say that I have used AC 21 by sending relevant documents or should I send EVL from Company A?
Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.
Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.
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axp817
06-03 11:06 AM
"On March 27, 2009, you filed a motion to reopen. You indicated the use of the applicant's ability to "port" under section 106(c) of the American Competitiveness in the 21st Century Act (AC21). The requirements were met and the motion to reopen was approved.
CONCLUSION: It is concluded that the grounds stated for denial have been overcome.
ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."
Congratulations, and that is probably the most 'relieving' MTR approval message ever.
Thank you for sharing your story.
CONCLUSION: It is concluded that the grounds stated for denial have been overcome.
ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."
Congratulations, and that is probably the most 'relieving' MTR approval message ever.
Thank you for sharing your story.
more...
raj2007
06-12 11:31 AM
Hi,
Today I met an attorney(not the one from Insurance..that is WIP still).
He feels that the main target is Rental agency(with deep pockets) and not the others who were included as defendants.
His argument is,
-- I am on H1
-- Not much of bank balance
-- No assets
-- Have a very old 98 model car(not even lexus , BMW etc..)
-- With a spouse and 2 kids to be taken care of
So I am poor chap and there is nothing they can extract much out of my pockets other than the 50K which my insurance will pay. He feels it is pretty straight forward case.The only twist to the story is, he is thinking that some of the defendants(rental agencies and others) may file lawsuits against me [I donno what they can extract out of me] as police report/Insurance agency concluded it as my fault (80% - 20%) after the accident..
In case If I wanted to have my attorney, I need to cough up $275/hr and 5K check upfront and he feels his fee may add upto 10K by the end of all this. So not sure whether just go with insurance agent's attorney for the time being and just wait how it goes, even if the case goes against me as I don't have much bank balance etc I am not sure what they can get out of me..
Any thoughts??
Just wait before hiring any attroney. Rental agency attroney will fight till end and your credit card company also covers the insurance.
I feel you will be OK.
Today I met an attorney(not the one from Insurance..that is WIP still).
He feels that the main target is Rental agency(with deep pockets) and not the others who were included as defendants.
His argument is,
-- I am on H1
-- Not much of bank balance
-- No assets
-- Have a very old 98 model car(not even lexus , BMW etc..)
-- With a spouse and 2 kids to be taken care of
So I am poor chap and there is nothing they can extract much out of my pockets other than the 50K which my insurance will pay. He feels it is pretty straight forward case.The only twist to the story is, he is thinking that some of the defendants(rental agencies and others) may file lawsuits against me [I donno what they can extract out of me] as police report/Insurance agency concluded it as my fault (80% - 20%) after the accident..
In case If I wanted to have my attorney, I need to cough up $275/hr and 5K check upfront and he feels his fee may add upto 10K by the end of all this. So not sure whether just go with insurance agent's attorney for the time being and just wait how it goes, even if the case goes against me as I don't have much bank balance etc I am not sure what they can get out of me..
Any thoughts??
Just wait before hiring any attroney. Rental agency attroney will fight till end and your credit card company also covers the insurance.
I feel you will be OK.
alterego
10-06 10:01 PM
Property prices will soften worldwide. Though as someone pointed out many purchases in India are not credit based, so it may not be as bad there as there would be limited forced selling, though from what I have heard sales have and will slow markedly, another point to consider is that India has a population pressure like nowhere else in the world, as long as people can buy they will continue to do so.
It is also the case that the Indian economy is very much dependent on the US economy as much of the exports are to the USA, but the domestic economy is stronger than China. India can and perhaps will spend their 300 Billion dollar reserves in this down cycle for infrastructure development projects which should keep the domestic economy going.
An interesting thing is that the Indian Rupee is falling vis a vie the Dollar. I've heard it is because of hedge funds and other investors liquidating Indian assets to bring them back to the US where they have more pressing needs in a rapidly deleveraging system.
I would say that Property prices in India have adjusted downward by 15% or so already and will perhaps go another 10% but maybe not much more. I'm also hearing that the bigger hit is in the above 35 lakh properties, below that prices are holding up better.
Additionally if you are planning to buy from your savings/borrowings in the USA then you could benefit from the exchange rate, which is already nearly 25% better than a few months ago. Especially if you consider your situation shaky in the USA, it is an option worth considering. Given the US authorities can't seem to make up their minds whether they want us here, I can't see the sense in buying homes here, atleast buying there, you can ride out a market.
It is also the case that the Indian economy is very much dependent on the US economy as much of the exports are to the USA, but the domestic economy is stronger than China. India can and perhaps will spend their 300 Billion dollar reserves in this down cycle for infrastructure development projects which should keep the domestic economy going.
An interesting thing is that the Indian Rupee is falling vis a vie the Dollar. I've heard it is because of hedge funds and other investors liquidating Indian assets to bring them back to the US where they have more pressing needs in a rapidly deleveraging system.
I would say that Property prices in India have adjusted downward by 15% or so already and will perhaps go another 10% but maybe not much more. I'm also hearing that the bigger hit is in the above 35 lakh properties, below that prices are holding up better.
Additionally if you are planning to buy from your savings/borrowings in the USA then you could benefit from the exchange rate, which is already nearly 25% better than a few months ago. Especially if you consider your situation shaky in the USA, it is an option worth considering. Given the US authorities can't seem to make up their minds whether they want us here, I can't see the sense in buying homes here, atleast buying there, you can ride out a market.
more...
anzerraja
07-20 10:24 AM
We are waiting for the word from core team members on this important issue. No response yet.
Hi Everybody it is a great idea to reimburse aman. Absolutely we have to do it through IV. it is not good idea giving personal checks. what happens when Aman submits his federal taxes. he has to mention everything about the money trail. In America everything should be trailable especially money matters.
giving money through IV is safe for him and for everybody and there is an accountablity everywhere. As a core member he can collect his administrative costs.
So whatever the pledge amouts we are doing should be sent to IV then to Aman.
Any suggestions......
Hi Everybody it is a great idea to reimburse aman. Absolutely we have to do it through IV. it is not good idea giving personal checks. what happens when Aman submits his federal taxes. he has to mention everything about the money trail. In America everything should be trailable especially money matters.
giving money through IV is safe for him and for everybody and there is an accountablity everywhere. As a core member he can collect his administrative costs.
So whatever the pledge amouts we are doing should be sent to IV then to Aman.
Any suggestions......
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walking_dude
11-21 11:21 AM
Contact - http://www.wwj.com/pages/7288.php
Sample Letter
---------------
Dear News Editor(s),
As a WWJ 950 listener and an immigrant living in Michigan, I am concerned about the negative impacts on immigrants by the airing of your show "WWJ Business Breakfast" with Mr. LOU DOBBS, which is scheduled to air on Nov 29 between 8 a.m. - 9:30 a.m.
Mr. Dobbs is known for his strong views against immigrants, including considering immigrants to be responsible for the spread of incurable diseases such as Drug-resistant Tuberculosis, Leprosy etc. From past experience on CNN, he is also highly likely to blame the current crisis in Auto Industry to the so-called "importation of cheap labor from third world countries".
He is known to make exaggerated statements such as "Four hundred thousand H1Bs granted in a year" where as facts show otherwise. As per government figures, federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap. These dramatic exaggerations distort the reality and provide a falsified alarmist view of the situation; which works against the interests of Immigrants ,businesses and American economy.
In the interests of fairness, you should also air the counter-views while providing coverage to such strong one-sided views. This would provide a balanced coverage to your viewers.
In the absence of such unbiased coverage, Mr. Dobbs verbal attacks may provoke physical attacks against foreigners as well as any foreign-looking persons by misguided elements provoked by your show. If such incidents do happen, please understand that your network will be indirectly responsible and liable to the foreigners affected.
As a concerned party I would like to know -
1) What action your network is taking to provide coverage of the other point of view, in the interests of fairness?
2) What action is your network taking to ensure that Lou Dobbs verbal attacks on foreigners do not translate into physical attacks on foreigners living in Michigan?
3) What action is your network taking to ensure that Lou Dobbs doesn't use exaggerated falsifications to justify his views. providing your listeners a wrong picture?
Appreciate hearing from you soon.
Yours sincerely,
xxxxx
Phone: 1-xxx-xxx-xxxx
E-mail : xxxxx@somemail.com
---------------------------------------------------------------------
Sample Letter
---------------
Dear News Editor(s),
As a WWJ 950 listener and an immigrant living in Michigan, I am concerned about the negative impacts on immigrants by the airing of your show "WWJ Business Breakfast" with Mr. LOU DOBBS, which is scheduled to air on Nov 29 between 8 a.m. - 9:30 a.m.
Mr. Dobbs is known for his strong views against immigrants, including considering immigrants to be responsible for the spread of incurable diseases such as Drug-resistant Tuberculosis, Leprosy etc. From past experience on CNN, he is also highly likely to blame the current crisis in Auto Industry to the so-called "importation of cheap labor from third world countries".
He is known to make exaggerated statements such as "Four hundred thousand H1Bs granted in a year" where as facts show otherwise. As per government figures, federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap. These dramatic exaggerations distort the reality and provide a falsified alarmist view of the situation; which works against the interests of Immigrants ,businesses and American economy.
In the interests of fairness, you should also air the counter-views while providing coverage to such strong one-sided views. This would provide a balanced coverage to your viewers.
In the absence of such unbiased coverage, Mr. Dobbs verbal attacks may provoke physical attacks against foreigners as well as any foreign-looking persons by misguided elements provoked by your show. If such incidents do happen, please understand that your network will be indirectly responsible and liable to the foreigners affected.
As a concerned party I would like to know -
1) What action your network is taking to provide coverage of the other point of view, in the interests of fairness?
2) What action is your network taking to ensure that Lou Dobbs verbal attacks on foreigners do not translate into physical attacks on foreigners living in Michigan?
3) What action is your network taking to ensure that Lou Dobbs doesn't use exaggerated falsifications to justify his views. providing your listeners a wrong picture?
Appreciate hearing from you soon.
Yours sincerely,
xxxxx
Phone: 1-xxx-xxx-xxxx
E-mail : xxxxx@somemail.com
---------------------------------------------------------------------
more...
Gravitation
07-12 11:44 AM
Friends,
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
Rumors seem to be getting stronger by the hour. And all the info is coming from lawyers who are usually conservative in releasing such information.
Don't get your hopes up... just wait and watch. Never worry about anything that's not in your control! That's the way to living nirvana...
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
Rumors seem to be getting stronger by the hour. And all the info is coming from lawyers who are usually conservative in releasing such information.
Don't get your hopes up... just wait and watch. Never worry about anything that's not in your control! That's the way to living nirvana...
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ilwaiting
01-30 07:51 AM
Atleast this new rule would help speed up that process. 45 days is certaily achievable. attorney must do a good job while asking for the documents upfront.
I dont think companies are really geared to file for 140 within 45 days of labor approval.
Most of the companies take 4-6 weeks to just send the documents the lawyers request for filing 140. Then the lawyers, most likely forget something and request more documents. It takes another 2 weeks for company to send those.
All in all, on average I think companies need 3 months after approved labor to be ready to Fedex that 140 petition. No malicious intent on the part of employer, its just how things are. 45 days is going to make things difficult for many companies and many of the lazy, slow, procrastinating law firms.
I dont think companies are really geared to file for 140 within 45 days of labor approval.
Most of the companies take 4-6 weeks to just send the documents the lawyers request for filing 140. Then the lawyers, most likely forget something and request more documents. It takes another 2 weeks for company to send those.
All in all, on average I think companies need 3 months after approved labor to be ready to Fedex that 140 petition. No malicious intent on the part of employer, its just how things are. 45 days is going to make things difficult for many companies and many of the lazy, slow, procrastinating law firms.
more...
viva
02-06 07:59 PM
First off, i have mentioned above that this is NOT a solution to retrogression. Secondly, the USCIS does not care what we say to them, they are going to take exactly how much time they want to take to process our Green cards. All I was suggesting was, we ask for interim relief. Now like Logiclife mentioned we are trying for smaller bits of interim relief and that is a reasonable answer. However please do not make remarks like "this person is here to make money and is not after GC". Are we not all after making money? Is that not why we want GCs? We certainly dont want the GC to frame it and keep it next to our other trophies do we? Then why are people accusing me of wanting to "make money"? The problem with some people on this forum is the lack of respect for an alternate view. It is one thing to disagree and it is another to make ridiculous off topic remarks about what someone said.
Getting a GC will ensure that you can sustain your money making efforts in the USA. By getting diverted to interim relief for spouse, people will be able to make money, but not for too long without a GC. That's why the focus should be on an action that permanently fixes the situation, rather than a band-aid approach.
Your original comment was ," let temporary be temporary." Frankly, temporary solutions to the US immigration system have made it what it is now. What we need is a permanent fix. Please do not consider that your views are being disrespected. It is just a matter of figuring out the priorities : GC or temporary fixes.
Getting a GC will ensure that you can sustain your money making efforts in the USA. By getting diverted to interim relief for spouse, people will be able to make money, but not for too long without a GC. That's why the focus should be on an action that permanently fixes the situation, rather than a band-aid approach.
Your original comment was ," let temporary be temporary." Frankly, temporary solutions to the US immigration system have made it what it is now. What we need is a permanent fix. Please do not consider that your views are being disrespected. It is just a matter of figuring out the priorities : GC or temporary fixes.
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paskal
05-24 10:09 PM
[QUOTE=paskal]this is the code that has been amended
do u have a valid link for evidence the last time i sw was it was $8500 on aila.com
the link i saw also said 8500, but that did change on the floor at the last moment to 5,000. will get updated eventually
by the way i forgot to add- everyone exempt from the 1500 is exempt from the 5000 also- educational, ngo, not for profit etc
do u have a valid link for evidence the last time i sw was it was $8500 on aila.com
the link i saw also said 8500, but that did change on the floor at the last moment to 5,000. will get updated eventually
by the way i forgot to add- everyone exempt from the 1500 is exempt from the 5000 also- educational, ngo, not for profit etc
more...
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ilikekilo
04-09 08:15 PM
Sameet,
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
Got a RFE for my spouse's TB test as it was not submitted at that time...
gcisadawg, remember, you can get from a pediatrician or whoever BUT as you know they should be "Certified" by USCIS for you to go get from them...dont forget that..and based on the links I referred to you earlier you dont have too many options abroad...basically a center where you may have to go and get there..
To avoid all these headaches I would go try to get more time by asking USCIS..
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
Got a RFE for my spouse's TB test as it was not submitted at that time...
gcisadawg, remember, you can get from a pediatrician or whoever BUT as you know they should be "Certified" by USCIS for you to go get from them...dont forget that..and based on the links I referred to you earlier you dont have too many options abroad...basically a center where you may have to go and get there..
To avoid all these headaches I would go try to get more time by asking USCIS..
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polapragada
09-13 10:19 PM
I did the remit request when $1 = 44.55 They debited the money same night it self...
But they haven't credited the money in my bank account yet Its been 7 days.
They are real frauds
But they haven't credited the money in my bank account yet Its been 7 days.
They are real frauds
more...
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walking_dude
11-19 12:09 PM
Macaca,
Thanks for the suggested "Addendum". A para on it, included in the letter (edited)
Thanks
Thanks for the suggested "Addendum". A para on it, included in the letter (edited)
Thanks
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diptam
07-15 11:44 PM
"You successfully signed Lou Dobbs' show spreading misinformation on Highly Skilled H1-B workers. petition.
Petition owner will manually approve your signatures."
## The above is the return message - who is this Petition Owner ??
Thanks
Guests and members,
Please take the time to sign this petition so that it can be delivered to CNN as soon as possible.
Petition owner will manually approve your signatures."
## The above is the return message - who is this Petition Owner ??
Thanks
Guests and members,
Please take the time to sign this petition so that it can be delivered to CNN as soon as possible.
more...
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485_spouse
04-07 02:15 PM
$100 via paypal
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munnu77
08-25 11:19 AM
usually..the banks give the rate the day the money was deposited in the indian bank..not the day you initieted the transfer..
make sure u got tht rate..and how much do they charge for transfer..
i am sure they have a customer service where you can ask the break up of charges applied to you..without CS, they wont be in this business..tlk to CS,
they wont be happy to lose a customer.
make sure u got tht rate..and how much do they charge for transfer..
i am sure they have a customer service where you can ask the break up of charges applied to you..without CS, they wont be in this business..tlk to CS,
they wont be happy to lose a customer.
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jetflyer
06-13 04:11 PM
when a EB3-I family gets a GC ..they should buy a lottery on that day..it is definitely one of their lucky days
I like that as it aligns with my thought that to get GC (EB India) you need better odds than hitting Lotto :D
I like that as it aligns with my thought that to get GC (EB India) you need better odds than hitting Lotto :D
conchshell
08-13 06:24 PM
please ignore this thread and let it die its own natural death. There is no point discussing all this again and again.
gc_kaavaali
12-12 09:10 PM
I don't think people will get attracted by summarizing what we are doing...people should realize what we are doing...there is a difference...
The web site should be sufficient in providing information of a general nature.
More specific information and details should be available to members.
That's how many organizations operate, including AILA.
It's not just about the forums, this could come with a lot more benefits.
The web site should be sufficient in providing information of a general nature.
More specific information and details should be available to members.
That's how many organizations operate, including AILA.
It's not just about the forums, this could come with a lot more benefits.