Saturday, June 18, 2011

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  • a1b2c3
    04-28 04:07 AM
    is 2, 3, 4, 5 important for citizenship?




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  • desi485
    02-26 03:06 PM
    I dont think they will stamp like that...If you show only AP they stamp I-94 based on its expiry says AOS pending or If you show only H1-B visa on PP they stamp I-94 based on Visa expire date..

    But showing both at POE doesn't not give any value and also it might confuses IO..


    HTH,

    YTH.

    Meanwhile, my lawyer today emailed & confirmed that the h1b will be valid even after using AP to travel and one can also renew or transfer the h1b. Even after the current I-94 expires obtained using AP, if one has still valid EAD or H1B I-797, he/she will be in status. However she also said that this is tricky situation and she could not find any CIS memo.

    HOPE THIS WILL STILL SOLVE MANY PEOPLE'S DOUBTS.

    Now I see no reason why anyone should NOT use AP to travel. Why should ANYONE waste money and time for restamping and take a small chance???

    However as "Ramba" said in post# 27, it is still a small chance as no one knows what is exactly the CIS rules.

    Note: As many people have specified in their signature, this is not a legal advice and always consult your own attorney for your own case with all the details.




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  • Humhongekamyab
    07-02 03:22 PM
    It works:

    Just in FY 2007 they collected $220 million

    http://www.dol.gov/esa/whd/statistics/200712.htm




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  • sameet
    02-12 12:53 PM
    You can keep your PD if your 140 is approved from your current employer. I know of a person who did this succesfully.

    Can you please elaborate on how this can be achieved? I curently have an approved 140 and am stuck in EB3 retrogression.



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  • aspiration
    06-11 01:19 PM
    Called all 6 rep's offices plus my local north carolina 4th district rep David Price.

    Everyone note down the bill numbers and said that they will pass on the message.. Mary Bono's office asked to call local rep office, which i did before..

    Some of them were very nice and asked the address and name and all, whereas some of them just got the bill numbers and were eager to hang up the phone..

    ....Apart from contributing during the funding drive.. this is my first action to call reps...Felt great and encourage everyone else to give it a try....Try calling just one of them and you will feel the urge to call all of them and do your part...




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  • perm2gc
    12-15 05:11 PM
    Techy wont bother us again. Say TA-TA to techy2468.

    Sorry this thread took an ugly turn with techy's profanity and inflammatory comments.
    thks.:D



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  • deepakshah
    07-15 09:16 PM
    signed today




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  • smisachu
    01-21 10:20 PM
    smisachu,
    Thanks for that Info, here is my requirement
    I am on H1B and plan to have my own company as a trader to trade stocks.
    I will be the owner and wish to draw profits, may not have employee in my company for now(please advice, if i need to)
    I need inputs to know what type of company should that be (LLC, S Corporation.. e.t.c.)?
    Is it advisable to have a GC holder/citizen as partner?
    What form of income should i withdraw(salary/profits/dividends/Interest..) How is the income considered when i file my taxes?
    I am not aware of anyone who can sponsor my H1 as a trader atleast for now, if i get the right opportunity, i am open for that
    Thanks again

    1. If you want to trade stocks only, with your own capital ,then set up a LLC or C corp. If you trade other people�s capital then maybe become a RIA.
    2. If you form a llc you become a employee of your own company (say managing director, CIO etc) and sponsor your own H1.
    3. You can have a fixed salary and a draw, which is what a typical trader gets. Draw is a percentage of the profits you generate by trading.
    4. You don�t need a gc/Citizen as a partner.
    5. The company/fund makes money by trading securities and the earnings are retained by the company, you draw salary and bonus.
    6. You file taxes as a regular employee would.
    7. You might be able to get H1 from a day trading firm, a day trading firm is not a market maker. They trade company capital and typically you have to post some risk capital based on which they will provide you leverage and provide you with equipment etc. You don�t get a salary, just a draw.

    But let me ask you something; I am not aware of your expertise in the markets so forgive me if I sound patronizing.
    1. Do you have a seven figure capital pool? You will need at least 1MM if you want to make a living trading.
    2. Are you aware of the equipment and ECN and direct access software needed assuming you are technical trader.
    3. Do you have a prime broker who is going to provide you leverage and settlement? If you have not decided consider Interactive Brokers.
    4. What kind of risk management software will you be using?

    If you are in the NY/Nj area I suggest try day trading at a firm posting risk capital (typically 10K) then decide if you want to do this full time. It will also help sharpen your skills. If you want I can recommend a few. They will not sponsor H1 though, you will have to have some consultant do that for you.



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  • srikondoji
    07-11 12:02 PM
    None of my Law Firm applications were returned. Not even cheques were encashed.
    Keeping the fingers crossed to see the rumour getting stronger and stronger every day.

    lawyer says "many were already sent back " did any body got there application back ??




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  • gc28262
    04-27 10:02 AM
    http://www.moneycontrol.com/mccode/news/article/news_article.php?autono=394887&special=mkt_topnews



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  • pappu
    02-02 11:59 AM
    Please see the response that I received from VisaLaw.com

    The SKIL Bill is a proposed piece of legislation that would increase the
    number of H-1Bs and green cards. It is included in the comprehensive
    immigration bill Congress is likely to consider this spring and will
    hopefully pass in the fall.

    Regards,

    Greg Siskind

    Gregory Siskind, Attorney at Law
    Siskind Susser Bland - Immigration Lawyers
    Telephone: 800-748-3819 or 901-682-6455
    Fax: 800-684-1267 or 901-339-9604
    Email: gsiskind@visalaw.com
    Web: www.visalaw.com
    note the words I bolded in your lawyer's response. :)
    we have to continue to make efforts and not wait for others to hep us get out of this mess.




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  • annsheila79
    04-19 09:52 AM
    i think you should be ok



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  • arsh007
    07-26 05:09 PM
    Buying a house is a risky proposition on H1 specially considering the fact that if one is laid-off and needs to relocate within a short-time then one may end up loosing money. Besides getting into the hasseles of home maintainence is trouble-some and expensive and probably not worth the time and effort if one is uncertain about their future in this country.

    Having said that if an individual is good at taking calculated risks and has a secure job then rewards are truly exceptional. I would rather wait atleast till the time of filling I-485 before making any long-term investments in this country. I know lot of my friends are probably going to do the same.

    Good luck.

    Look at my case.

    1) EB3 PD March 2002. After more than 4 years I got my Labor.
    2) Filed for I-140 . Cannot file 485 now.
    3) H1B 9th year going on.

    One good thing I did ,I bought a house in Dec 2002.Now If I sell the same house,I will get minimum 100K profit. I will get good appreciation now.I recommend you guys to buy a house now. It is the best time to buy a house,because it is "Buyers market" now ! You can make some money if you sell it later...




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  • stucklabor
    04-07 02:26 PM
    We have just been told by reliable sources that the bill is being sent back to the Senate Judiciary committee where Frist and Specter will rework the language of the bill, starting April 24th.

    All reasonable amendments will be worked into the bill text itself. Our amendments have a lot of support and the intent is to include them into the text of the bill.

    So we need contributions going forward to get our requirements into the base text, and to protect them in conference with the House.



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  • RandyK
    11-06 11:50 AM
    Senator Grassley sponsored H-1B Supplemental Fee legislation which the Senate passed but collapsed at the conference a few days ago. Yesterday, in the "unrelated" "Farm" Bill session, the Senator requested a ten-minute time and made the following statement on the Senate floor. Abstract of the statement -"It Ain't Over T'll It is Over."

    Mr. President, earlier this year, the Senate tried to solve the very complex and emotional issue of immigration reform. The immigration bill we considered included border security, interior enforcement, and amnesty. It also included many needed reforms to our legal immigration process. I said throughout the debate that Congress needs a long-term solution to the immigration issue. We cannot pass a bandaid approach that includes a path to citizenship for law breakers; rather, Congress needs to improve our legal immigration channels. I firmly believe companies want to hire legal workers, and people want to enter the United States legally. If we fix our visa policies, we can restore integrity to our immigration system, and all parties can benefit. But if we cannot pass a comprehensive bill--and I think as time goes on it is going to look more difficult as we go into an election year--if we cannot pass such a comprehensive bill, I think that we should consider passing legislation we can agree on. I am taking the floor at this time to talk about the H-1B visa provisions that were included in the immigration bill and ask my colleagues to take a second look at these needed reforms. Many companies use H-1B programs. It has served a valuable purpose. But we need to reevaluate how this program operates and work to make it more effective. The H-1B program was officially created in 1990, although we have brought foreign workers legally into our country for over 30 years. It was brought into existence to serve American employers that needed high-tech workers. It was created to file a void in the U.S. labor force. The visa holders were intended to file jobs for a temporary amount of time, while the country invested in American workers to pick up the skills our economy needed. We attached fees to the visas that now bring in millions of dollars. These fees and the dollars that come with it are invested in training grants to educate our own workforce. We use the funds to put kids through school for science, technology, engineering, and math skills. We provide students with scholarships with the hope that they will replace imported foreign workers. Unfortunately, the H-1B program is so popular, it is now replacing the U.S. labor force rather than supplementing it. The high-tech and business community is begging Congress to raise or eliminate the annual cap that currently stands at 85,000 visas each year. These numbers do not include and account for those who are exempt from the cap. For instance, we don't count employees at institutions of higher education or nonprofit research organizations. We don't count those who change jobs or renew their H-1B visa. My point is, we have many more than 85,000 H-1B visas distributed each year. I am here to tell my colleagues that increasing the visa supply is not the only solution to the so-called shortage of high-tech workers. Since March of this year, the Senator from Illinois, Mr. Durbin, and I have taken a good look at the H-1B visa program. We have raised issues with the Citizenship and Immigration Service as well as the Department of Labor. We have asked questions of companies that use the H-1B visa, and I have raised issues with attorneys who advise their clients on how to get around the permanent employment regulations. I would like to share what I have learned. I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program. In 2005, a man was charged with fraud and misuse of visas, money laundering, and mail fraud for his participation in a multistate scam to smuggle Indian and Pakistani nationals into the United States with fraudulently obtained H-1B visas. The man created fictitious companies, often renting only a cubicle simply to have a mailing address. He fabricated tax returns and submitted over 1,000 false visa petitions. Another man pled guilty last August to charges of fraud and conspiracy. This man and an attorney charged foreign nationals thousands of dollars to fraudulently obtain H-1B visas. He provided false documents to substantiate their H-1B petitions. The Programmer's Guild, a group representing U.S. worker interests, filed over 300 discrimination complaints in the first half of 2006 against companies that posted ``H-1B visa holder only'' ads on job boards. Anyone can go on the Internet and find jobs that target H-1B visa holders. There are more than just national anecdotes, however. Everyday Americans are affected. Since looking into the H-1B visa program, some of my constituents have come to me and spoken out against abuses they see. One of my constituents has shared copies of e-mails showing how he is often bombarded with requests by companies that want to lease their H-1B workers to that Iowan. There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work. Some call these H-1B ``factory firms.'' This Iowan even said one company went so far as to require him to sign a memorandum of understanding that helps the H-1B factory firm justify to the Federal Government that they have adequate business opportunity that requires additional visa holders. It is a complete falsification of the market justification for additional H-1B workers. These firms are making a commodity out of H-1B workers. They have visa holders but are looking for work. It is supposed to be the other way around. There should be a shortage or a need, first and foremost. Then and only then do we allow foreign workers to fill these jobs temporarily. Another constituent sent me a letter saying that he saw firsthand how foreign workers were brought in while Iowans with similar qualifications were let go. He tells me he is a computer professional with over 20 years experience. He was laid off and has yet to find a job. He states: I believe [my employer] has a history of hiring H-1B computer personnel at the expense of qualified American citizens. Another Iowan from Cedar Falls wrote in support of our review of the H-1B program. He is a computer programmer with a master's degree and over 20 years of work experience in that field. He says: Despite all of my qualifications, in the last four years I have applied to over 3,700 positions and have received no job offers. He believes he is in constant competition with H-1B visa holders. I received a letter from a man in Arizona who works for a company that employs dozens of H-1B workers. When he asked his supervisor why so many foreign nationals were being hired, the head of human resources said: If the company has an American and a person from India, both with the same skill set, the company will hire the person from India because they can pay them less. These are firsthand stories from U.S. workers. I ask those begging for an increase in foreign workers to explain these cases to me. Why are Americans struggling to get jobs as software developers, data processors, and program analysts? Senator Durbin and I inquired with several foreign-based companies that use the H-1B program. Rather than sending a letter to all companies that use the program, which would be over 200 companies, we decided to start our investigation with foreign-based entities. Our intention was to learn how foreign companies are using our visas. We learned that the top nine foreign-based companies used 20,000 visas in 2006. Think of what a high percentage that is of the 85,000, just nine foreign-based companies, 20,000 visas in the year 2006. I say that twice for emphasis. It just so happens that Indian companies are using one-third of the available visas we allocate each year, but there is more to learn. We are not done asking questions. We, meaning Senator Durbin and I, continue to talk to U.S.-based companies and companies in our own States that use the program. The Citizenship and Immigration Service also has concerns. Our review has prompted discussion among the executive branch, businesses, labor unions, and workers, and workers are the ones we are concerned about. So we are not the only ones asking questions. The U.S. Citizenship and Immigration Service is also worried about fraud in the program. This agency's investigative arm, that subdivision called the Fraud Detection and National Security unit, is doing a fraud assessment of the H-1B and L visa programs. I asked the unit to brief my staff on their work, and they reported they are not finished with analyzing the data. Senator Collins of Maine and I put the agency on notice that we are anxiously awaiting this report so we may continue our quest to reform the program appropriately. In the meantime, the bill Senator Durbin and I introduced includes measures to rein in the abuse. It goes a long ways to close some loopholes to protect American workers. It is our hope that these measures will bring the program back to its original mission; that is, to help U.S.-based companies find highly skilled workers to fill the shortage for a temporary period of time. That is what the H-1B visa program is all about. Under current law, companies can bring in foreign workers on an H-1B visa without first attempting to hire an American.




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  • gcformeornot
    07-02 08:45 AM
    reasons...

    I have seen many of my friends doing H1 for their spouses..... while their spouces have no experience what so ever..... employers help them cook their resumes..... in these cases employee has something to hide.... so they pay
    H1 fees, stay on bench for few months......and never complain...

    Now a days many companies send people on L1 visa. On L1 you have no choice. If you can't get H1 in April you are slave to the employer.... also with L1 there is no stipulated salary like H1.... so employers pay whatever they feel like and not market rate.....but since many employees have desire to stick around in US and save some Green... pay of their debts in home country.... they stay with same employer without complaining......



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  • prakgc
    08-25 06:02 PM
    Guys.. need your expert advice.

    I am travelling next month out of the country for a week. I am currently on a valid H1B which is stamped on my passport but my 485 is pending and the dates are current. I also have a valid AP to use and return on.

    Question i have is if i show my H1B visa at the port of entry and enter using that am i risking my 485 application in anyway?

    Let me tell you the hypothetical situation i am talking about

    lets say my 485 gets approved on sept 6th 2008 but has not been updated on the USCIS case status online. Also i enter the country on sept 6th 2008 on h1b status?

    What happens then? do i lose my 485 status because the last status i enetered on 485???

    Please gurus .. i really need to know if this is true? does coming on h1b invalidate your approved 485 ?




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  • october2001
    12-11 11:42 PM
    Just wait for 30 days from the date of card production to see if you get it in the mail....
    it might be a procedural thing...don't worry ..keep cool....

    actually what happen The NBC sent my I-797 Welcome notice to my lawyer and one to me but because I was not on the lease I didn't have my name written on the mail box, so the mail man returned the notice to the sender (NBC) after that the NBC when they got back the welcome notice they re-opened the case so after that I got a new message saying the last letter we sent has been returned it is very important that we have the right address blah blah blah
    and then my lawyer called and made sure they have my right address since I use a PO BOX for mailing purposes not my physical address
    and then I got an online message saying we mailed the document to the address we have in our file or our system something like this
    and after some day I got the Document they were talking about sent to my PO BOX: it is not GC but the Welcome notice that failed to get to me in the first place
    so Document in my case is the Welcome notice
    I really can not believe my eyes until I will see my GC in my hand
    Hope the best to all of you thank you




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  • deba
    06-13 08:05 PM
    kasanski33, thanks for the info. I will obviously have to check with a lawyer. Good luck with your trip.




    optimist
    06-11 10:00 AM
    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.

    Sorry to hear about your case. Trust me, such liability suits are extremely common these days in America, and there is no cause for alarm as long as you take all the necessary steps.

    If you had liability insurance for your auto at the time of the accident, the first thing you have to do is to call that insurance company and let them know about the lawsuit. THEY will hire and pay for a lawyer to defend you. If you want to be even more comfortable, you might also hire another defense attorney by yourself.

    The catch is, your insurance lawyer will only defend you upto the amount of liability mentioned in your insurance. If there is any judgement over that amount, your personal assets are at stake. This happens only in very very rare scenarios. Most of the times, such lawsuits are settled out-of-court. The amount mentioned in the lawsuit ($3.25 M) is totally irrelevant- what they would eventually get (if any), will be far far away from this figure.

    Assuming that there are no criminal charges, and this is a civil tort case, there will be no impact on your immigration proceedings at all.

    Make sure you take all the paperwork very seriously and do not ignore any letter/notice/deadlines. Don't even think of running away- its not worth losing your career you have worked so hard for. Unless yours is an extremely unusual case, all that you stand to lose is several nights of sleep and thats all.

    I have some links for you to look at:

    http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=2116
    http://www.laborlawtalk.com/showthread.php?t=111066
    http://www.millerandzois.com/Maryland-Personal-Injury-Lawsuit.html
    http://ask.metafilter.com/18037/Insurance-Company-Woes
    http://www.ashcraftandgerel.com/autoacc.html
    http://www.psp-interactive.com/issues/articles/2007-02_09.asp
    http://www.rbs2.com/cc.htm
    http://medicaleconomics.modernmedicine.com/memag/article/articleDetail.jsp?id=111402

    Good Luck!




    Lasantha
    09-25 03:44 PM
    The first one on the list. I assumed MRN stood for Moron. (The most of the other encouraging ones were not there when I made that post). Maybe abusive was too strong a word to describe that remark.
    But I appreciate your response and restoring my faith in IV !!!

    Thank you Lasantha for bringing up the issue of abusive remarks. We take this matter very seriously and we do our best to disclose the information of the member who leaves abusive remark. Since you posted about abusive remark, we looked at the remarks posted for you. Here are the remarks left for you in last 1 month. We are not sure which of these remarks are abusive. Kindly excuse us as I personally do not know the meaning of abbreviations MRN or pos. But your help in pointing to the abusive remark will be very helpful.



    Lasantha 10:31, 25th Sep 2008 -152 Simple. Though I had PD 3 years earlier than you I am still waiting for my GC and I am pretty sure it will take more than 2 yrs. Just becuase ur ROW u dont deserve an early GC. Grow up MRN.
    Lasantha 11:25, 25th Sep 2008 50
    Lasantha 14:58, 25th Sep 2008 -46 you are row pos
    Lasantha 15:04, 25th Sep 2008 188 ignore the reds
    Lasantha 15:06, 25th Sep 2008 37
    Lasantha 15:06, 25th Sep 2008 223 I strongly agree with your views, I appreciate your posts, you always post sensible messages. Here is my green to undo the red
    Lasantha 16:11, 25th Sep 2008 0 As you do not care take one more.



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