sracharla
09-04 02:25 PM
Thank you...what is the source of your information?
Presenting your EAD to DMV for verification does not invalidate your H1B status. Only when you present it to your employer and if he fills out form I-9 and if USCIS requests verification of employment then you will need to worry about that.
Presenting your EAD to DMV for verification does not invalidate your H1B status. Only when you present it to your employer and if he fills out form I-9 and if USCIS requests verification of employment then you will need to worry about that.
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americandesi
11-29 02:00 PM
Can anyone outline the advantages/disadvantages of Sole Proprietorship vs. LLC for a single individual who plans to provide website designing/development services for companies in/outside US?
eb3_nepa
08-02 05:21 PM
Nebraska has issued only 2800 receipts for today...
Where are you getting this Data??
Where are you getting this Data??
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FinalGC
12-18 11:00 AM
I would suggest, if we have 4-5 people per day for 31 days do the hunger strike. This will have a greater impact than just 1 day of hunger strike. The day should be strategized to match with the opening of the Congress session in 2007.
Are there 150 people ready to do that.
Are there 150 people ready to do that.
more...
lazycis
11-20 01:11 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
eb3retro
03-04 02:44 PM
got an RFE on my case alone, not sure abt the details, since i have not recieved it in hand. you can know my PD details in the signature.
more...
msp1976
12-18 02:58 PM
.....WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION....
Hit them where it hurts the most.
..We cannot say things like exploitation or make the employers feel ...This is feed for the anti immigratin lobby..You put up stuff like this and they start painting you as their poster boy to show why the whole H1B program should be abolished......If we do conduct a strike ..it would cause no disruption at all..Frankly nobody is indispensible...Striking is equivalent of biting the had that feeds us...
Hit them where it hurts the most.
..We cannot say things like exploitation or make the employers feel ...This is feed for the anti immigratin lobby..You put up stuff like this and they start painting you as their poster boy to show why the whole H1B program should be abolished......If we do conduct a strike ..it would cause no disruption at all..Frankly nobody is indispensible...Striking is equivalent of biting the had that feeds us...
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needhelp!
03-12 03:19 PM
no, i am not going to switch to defensive mode. this is not about me.
OK, then who are you trying to include?
OK, then who are you trying to include?
more...
coopheal
08-13 03:55 PM
IV Core any ideas. Will this work.
.....
some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
.....
some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
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bkarnik
04-26 10:15 AM
You stated dual intent immigrants. In letter and spirit.
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Learning01:
The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)
As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.
http://www.shusterman.com/di-vsa.html
http://www.uscis.gov/graphics/howdoi/h1b.htm
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Learning01:
The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)
As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.
http://www.shusterman.com/di-vsa.html
http://www.uscis.gov/graphics/howdoi/h1b.htm
more...
bpratap
05-28 06:36 PM
Congratulations!
I never had a problem with my immigration status in regards to getting a home loan. In fact, I got approval from 3 banks and I chose the one with lowest interest.
U got lucky as they didnt ask the Immigration status.
For me also they didnt ask me until they are about to approve the loan.
Gave me a scare, but finally all worked out
I never had a problem with my immigration status in regards to getting a home loan. In fact, I got approval from 3 banks and I chose the one with lowest interest.
U got lucky as they didnt ask the Immigration status.
For me also they didnt ask me until they are about to approve the loan.
Gave me a scare, but finally all worked out
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makemygc
09-10 02:34 PM
Manish,
Rally is not this tuesday but next tuesday. Will that help you to come?
Thanks
MakeMyGC
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
Rally is not this tuesday but next tuesday. Will that help you to come?
Thanks
MakeMyGC
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
more...
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Suva
12-26 06:30 PM
Mine was approved on 22 december. Receipt date was 4th June, 2007.
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Aah_GC
07-11 12:13 PM
Try your best to find a job. The market is picking up. At least try to join one of those desi companies even if they are offering a low salary. Just get past this time without making your situation a whole lot more complex.
Dont worry about lawyers, your ex employer revoking I140 - all that stuff doesn't matter now - just go find a job.
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
Dont worry about lawyers, your ex employer revoking I140 - all that stuff doesn't matter now - just go find a job.
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
more...
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rongha_2000
04-30 03:44 PM
This was a good one..!! what was the response?
Nice point - he is asking for suggestions to improve the process (making things quicker) ... any suggestions at all !!!!
Joke joke... the reply was it will take some time to get back to you on that ... questioner asked - is it going to take as long as it takes to get a visa or faster???
Nice point - he is asking for suggestions to improve the process (making things quicker) ... any suggestions at all !!!!
Joke joke... the reply was it will take some time to get back to you on that ... questioner asked - is it going to take as long as it takes to get a visa or faster???
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optimystic
09-10 05:06 PM
After reading all your comments, I reached to a conclusion
We all are being fooled and frusturated by USCIS.
.....
Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.
Thanks
How about this -- http://immigrationvoice.org/forum/showthread.php?t=21421
We all are being fooled and frusturated by USCIS.
.....
Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.
Thanks
How about this -- http://immigrationvoice.org/forum/showthread.php?t=21421
more...
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optimist578
01-03 03:01 PM
I am confused and think about this daily. I am here in US for the past 8+ years and I am 33 now. All my friends who have stayed back in India are in very good managerial position and earning well. Money is not the issue now, but the career.
I thought about going back to India and when I started the job search, I ended up seeing myself aged out. Being stuck with my GC, I am now continuing as a Sr Software er for the past 8 years. I did not move up an inch all these years and I did not think it is going to affect my career till now. Now if I look back, I sometime think that I have made wrong choices unknowingly.
In India:
1. I am not fit for Sr Software Er position as guys from college with 2+ years of experience fills that position.
2. I dont want tech lead / team lead as I hear from my friends there it is going back 5years for me for my age.
3. I am not getting project manager position as I do not have any managerial experience.
If I get a good position in India, I am ready to go back. At the same time, I have two kids who are born here in US and I own a house (technically I am proud owner of mortgage debt not house) here in US. I have to close all my debts before I decide to go back.
I AM NOT IN CLEAR STATE OF MIND. MAY BE GETTING GC WILL HELP ME OUT.
Exactly same thoughts cross my mind too. I am planning to finish my Masters, on a part-time basis, after which I have to decide my direction for good. I don't have any kids so that is not a factor to hold me back to this country. But I face my biggest discouragement about returning to my home country, when I think of a typical workplace atmosphere there. If you are working for one of the software firms delivering services to international clients, you might end up as someone who simply follows the orders from overseas clients - working 14-15 hours at least 6 days a week. Add to that the living conditions, feudal bureacracy and you have conjured up a recipe for formidable hardship and frustration. On the other hand, US has a growing economy and newer opportunities come here first. Also I have quite a few friends here who have got theirs GCs and are doing good. So, that serves as a sort of inspiration for me.
So, overall, I am also confused. My wife is my driving force, positive about making it big here- business or corporate world and my only hope. But she has been put up at home, now for more than 4 years; pretty hard to imagine especially with MPhil and an MS from US universities.
I thought about going back to India and when I started the job search, I ended up seeing myself aged out. Being stuck with my GC, I am now continuing as a Sr Software er for the past 8 years. I did not move up an inch all these years and I did not think it is going to affect my career till now. Now if I look back, I sometime think that I have made wrong choices unknowingly.
In India:
1. I am not fit for Sr Software Er position as guys from college with 2+ years of experience fills that position.
2. I dont want tech lead / team lead as I hear from my friends there it is going back 5years for me for my age.
3. I am not getting project manager position as I do not have any managerial experience.
If I get a good position in India, I am ready to go back. At the same time, I have two kids who are born here in US and I own a house (technically I am proud owner of mortgage debt not house) here in US. I have to close all my debts before I decide to go back.
I AM NOT IN CLEAR STATE OF MIND. MAY BE GETTING GC WILL HELP ME OUT.
Exactly same thoughts cross my mind too. I am planning to finish my Masters, on a part-time basis, after which I have to decide my direction for good. I don't have any kids so that is not a factor to hold me back to this country. But I face my biggest discouragement about returning to my home country, when I think of a typical workplace atmosphere there. If you are working for one of the software firms delivering services to international clients, you might end up as someone who simply follows the orders from overseas clients - working 14-15 hours at least 6 days a week. Add to that the living conditions, feudal bureacracy and you have conjured up a recipe for formidable hardship and frustration. On the other hand, US has a growing economy and newer opportunities come here first. Also I have quite a few friends here who have got theirs GCs and are doing good. So, that serves as a sort of inspiration for me.
So, overall, I am also confused. My wife is my driving force, positive about making it big here- business or corporate world and my only hope. But she has been put up at home, now for more than 4 years; pretty hard to imagine especially with MPhil and an MS from US universities.
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maverick_joe
04-30 02:56 PM
I totally agree..he was all ga ga abt what USCIS is doing and how efficently they have already processed 65% of available visa numbers for the fiscal.
Other than boasting how excellent USCIS is doing their job, there was nothing new or helpful to the actual bill. It was actually counter to the task at hand. That was Aytes...
Now, a State dept person is talking about how efficient they are..
Other than boasting how excellent USCIS is doing their job, there was nothing new or helpful to the actual bill. It was actually counter to the task at hand. That was Aytes...
Now, a State dept person is talking about how efficient they are..
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snhn
06-10 02:16 PM
From July onwards since there will be no EB3 visas to give, will those IOs previously assigned to EB3 cases be freed up, or will they continue working on EB3 cases (stopping just short of approving them)? What happens to RD who are in July, will their cases continue to process or no will look at them
NKR
06-24 11:45 AM
1. The days of an immigrant waiting to buy a house until he gets his GC have gone. These days H1Bs r buying homes left and right. More than settling, they look at it as a business prospect. I know atleast 5 guys who r still waiting in the wings who've bought homes. Look, u know u r gonna wait until GC and u know u will get ur GC...so why not buy a house? There may be a few who'd be pessimistic about their GC applications and wud think twice b4 making a huge investment and AFAIK, that percentage is very less.
LOL, there is another thread �buying a house when 485 processing is pending�. Post the above over there and you will see that you would have stirred a hornet�s nest. People will jump on you.
RNGC,
Personally I think US is not losing as much as it is gaining by not giving us GC, but I appreciate your efforts. We are the real losers here.
LOL, there is another thread �buying a house when 485 processing is pending�. Post the above over there and you will see that you would have stirred a hornet�s nest. People will jump on you.
RNGC,
Personally I think US is not losing as much as it is gaining by not giving us GC, but I appreciate your efforts. We are the real losers here.
yabadaba
07-11 08:40 AM
ok..i am typically not a cheesy person.. but exteme situations require cheesy gestures
so here goes
ode to my green card (plagarized from lambi judaai from movie jannat)
Tere bin dil mera lage kahin na
Tere bin jaan meri jaye kahin na
Kitne zamane baad o rabba
Yaad tu aaya, yaad tu aaya
Aaaaa….aa..aaaaaaaa….
Khoya raha mein, saason mein apne
Aahat bhi teri, bhool gaya mein
Kitna jeeya hoon tanha raho hoon
Ishq tera bhool gaya hoon
---Translation
Tere bin dil mera lage kahin na - without you my heart is in nothing anymore
Tere bin jaan meri jaye kahin na - without you my life goes nowhere
Kitne zamane baad o rabba - after how many days, o god
Yaad tu aaya, yaad tu aaya - i remembered you, i remembered you
Aaaaa….aa..aaaaaaaa…. - Aaaaa….aa..aaaaaaaa….(no translation required)
Khoya raha mein, saason mein apne - I have been lost, just breathing
Aahat bhi teri, bhool gaya mein - your footsteps, i have forgotten
Kitna jeeya hoon tanha raho hoon - just been living, been so alone
Ishq tera bhool gaya hoon - that I have forgotten your love
so here goes
ode to my green card (plagarized from lambi judaai from movie jannat)
Tere bin dil mera lage kahin na
Tere bin jaan meri jaye kahin na
Kitne zamane baad o rabba
Yaad tu aaya, yaad tu aaya
Aaaaa….aa..aaaaaaaa….
Khoya raha mein, saason mein apne
Aahat bhi teri, bhool gaya mein
Kitna jeeya hoon tanha raho hoon
Ishq tera bhool gaya hoon
---Translation
Tere bin dil mera lage kahin na - without you my heart is in nothing anymore
Tere bin jaan meri jaye kahin na - without you my life goes nowhere
Kitne zamane baad o rabba - after how many days, o god
Yaad tu aaya, yaad tu aaya - i remembered you, i remembered you
Aaaaa….aa..aaaaaaaa…. - Aaaaa….aa..aaaaaaaa….(no translation required)
Khoya raha mein, saason mein apne - I have been lost, just breathing
Aahat bhi teri, bhool gaya mein - your footsteps, i have forgotten
Kitna jeeya hoon tanha raho hoon - just been living, been so alone
Ishq tera bhool gaya hoon - that I have forgotten your love
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