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  • samnay
    07-18 01:11 PM
    Contributed another $100. I am not very active member on this board but I do follow it regularly and I have made contributions in the past.

    Let me also take this opportunity to thank IV for putting legal EB immigration on the front page and its ability to galvanize the grass-root efforts in the momentum not seen before. I think we can only go forward from here and if we keep united, make regular contributions and fight for our justified cause, we can do wonders!

    I will also exhort other non-members and members for bringing in more people to this forum and helping with contributions.

    Thanks




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  • ind_game
    05-15 09:02 PM
    Maybe someone that has had to go through this can respond.

    When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?

    I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?

    I changed jobs from a desi company to a large corporation using AC 21.
    I had to file two MTRs. I have spent everything from my pocket for the two MTRs.




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  • sbindval
    07-18 03:39 PM
    applications other then 485 will have revised fee schedule. like 140 etc...

    Sorry it is not really related to the thread !.

    Ths USCIS site says the following ....

    "....The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007)."

    Does that mean if I file 485 on Aug1st I have to pay new fees?

    Thanks any one for a reply.




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  • Robert Kumar
    12-02 07:38 AM
    Thanks a lot for your reply 9 years...

    How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.



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  • Libra
    09-12 07:35 AM
    awesome!!! thank you Milind123. u da man.




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  • reddymjm
    09-10 09:56 AM
    I am in EB2 with a US Master's degree. My priority date is April 2006 and my case is not approved. Many of friends same boat as me are not approved.

    So "reddymjm" I don't think all US Master's degree in EB2 are approved.

    I meant most of the approvals are US Master Degrees.



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  • eb3_nepa
    07-14 12:52 PM
    An added request, if all those who DID contribute/Are contributing. Can you guys please update your signatures with a link back to this thread. (http://immigrationvoice.org/forum/showthread.php?t=20183)




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  • nk2006
    10-21 03:30 PM
    Though the denial of this MTR is against the law by USCIS, one must consider following.

    AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.



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  • Green.Tech
    06-17 11:49 AM
    Show me the money!:)




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  • WeldonSprings
    05-02 04:17 PM
    Just responding to my quote- This question was also raised by Honorable House Democrat from Illinois Mr. Guterriez.I know everyone has looked at the Visa Bulletin. Here is a quote from it-

    2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

    So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???



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  • boreal
    08-24 12:42 PM
    And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities

    I dont have any opinions on the main topic here - just wanted to chime in on this one...
    Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...




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  • indyanguy
    11-01 09:37 PM
    Has anyone done and research on what are the benefits of being LLC- S(single self employed) or to work for your wife's company (after she gets EAD) as compared to being on a regular payroll in a company..

    I know you can show up your car/ cellphone/ homephone/ and some misc food expenses as for your business.

    Has anyone done any detailed research on what is better?


    I have the same question. Any answers?

    Thanks



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  • eb3_nepa
    04-25 05:02 PM
    1) Can somebody explain what the CORE objective of asking the UCSIS/DOL
    to change the Priority date from the date of application of Labor to date of filing H1B is?

    2) What is the proposed plan of action to deal with the 100K plus applications already applied for?




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  • mhathi
    05-02 08:51 AM
    Is a h1b holder a nonresident alien or a resident alien ? It says on IRS site that you dont get stimulus if you are a nonresident alien.

    An H1B holder is a resident for tax puposes as long as you meet the substantial presence test. This is evident from the fact that when you file taxes, you file 1040 or 1040EZ. Not 1040NR. When I was a student, I filed 1040NREZ. After graduation, I am required to file 1040.



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  • gg10004
    03-17 11:38 PM
    Just a question. Why would you file jointly if your wife doesn't work (i.e. doesn't have SSN)?

    --- if you really meant to ask---
    Simple answer - More standard deduction with one more dependant as wife

    IRS made it mandatory to use SSN because illegal immigrants use ITIN to file taxes. This affected the legal immigrants also where ITIN is used in case of dependants who dont have work visa. If you are not legally eligible to work, you dont get SSN.

    The two options left for legal immigrants are -
    File separate returns one for self with ssn and another for wife using ITIN and calim one stimulus rebate for 600$
    but then you get single standard deduction and your AGI is more that affects your federal and state tax.

    If you do the math, its better to file a joint return and forego the stimulus rebate.

    There is a catch too, if wife later gets EAD and thus SSN, you can ammend your tax return and claim the stimuls rebate




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  • chanduv23
    06-06 10:04 AM
    Come on IV heros - you can do it. Lets push this thread on top



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  • Green.Tech
    06-11 03:00 PM
    Here is a small contribution from me today.

    $25 check made out to IV - 6/11/08
    Placed in mail to IV - 6/12/08.

    Thanks!

    Come on people...looking for more HEROES!




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  • Humhongekamyab
    02-18 05:39 PM
    I am seeing a lot of folks predicting the EB2 dates. And I believe they are right in doing so since that is their filign category. What I am asking is if there are any prediction regarding EB3-I. The dates are not moving at all which is absolutely frustating.

    I don't think anybody can predict EB-3 India as it is a lost cause (sorry for being pessimistic). The only way EB-3 India will see any meaningful progress is through legislation.




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    03-16 10:24 AM
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    pappu
    06-10 01:08 PM
    USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
    The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
    Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."

    That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
    We had received good feedback in our meetings with the administration.
    The whole process of making final announcements is just too slow!!

    We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.




    kshitijnt
    06-26 02:22 PM
    not necessary ...replacements are difficult for key jobs and expertise. if the right person leaves the job ..then a small / medium (or even large ones) can go off road. more than replacement ..it is the effort to find the right person, train him ..and for that person to go through the experience curve ..(I guess you are looking from your level ..are you in s.ware or in testing ?....if yes, you need to look at other higher levels ..ofcourse, for such people EB1 is available ..)
    but I agree ..it does not hurt US as much since economy is so huge ..but it can definitely hurt the business firms ..this was the main reason why the law was changed (or passed) ..to allow H-1 people to continue staying even after 6 years ..earlier they had to leave compulsorily..(I am not an expert ..so feel free to correct).
    and this can happen either at highly skilled level in a big company to a smaller business..
    for e.g. a restaurant can go out of business if their main skilled cook is forced to leave due to immi (or something else).
    and ofcourse a v.big company may lose a skilled analyst (and similarly a scientist etc etc)

    Thats one thing. Again we are talking of replacing these key people in NUMBERS aka thousands? So what does america gain?



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