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  • santb1975
    12-21 01:05 AM
    Thanks for your Inputs Logiclife.

    My last entry into US was before I spent 6 weeks in recovery and subsequently changing my employer. I was not paid for the time I worked before I quit my employer. I had no issues with transfering my H1. I have letters from my clients and DOL verified that I was working at the client locations. I went through an IRS Audit as well last year because the wages reported by my employer to the IRS were different from the annual wages I reported in my tax returns and I owed IRS some money ( I never got a W2 for that year from my employer and when I contacted IRS they sent me a form on which I had to enter information based on the paycheks I have received). During the audit I had to pay my taxes as a preventative measure and also write a letter to IRS explaining my situation. IRS contacted NJ DOL and had my employer correct the wages he reported and sent me a letter that I was accurate. I will still have to work on getting the additional taxes I paid IRS back which is another story. it has been 2.5 years and the saga still continues. If I ever get an RFE about not getting paid for those 4.5 months I will worry about it then

    Now Regarding my H1 stamp: I decided not to go for stamping. I am just going to use my AP and come back. I talked to my lawyer today and I told him that I did not go for stamping after I changed employers and also indicated I want to come back using my AP. He said if that is what I decide that is fine with him.





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  • mchundi
    07-24 10:32 AM
    To the core group/Senior Members,

    If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

    Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

    Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

    Any thoughts ??
    In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
    It might be tough to push them to take a decesion like this.
    On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
    --MC





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  • imh1b
    11-16 04:25 PM
    To the original poster of this thread: Why don't you go to court first.

    I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.

    Has the lawsuit been filed yet?

    Someone please post updates on the lawsuit.





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  • feedfront
    09-14 04:03 PM
    As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!

    I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.



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  • PBECVictim
    07-01 04:28 PM
    Will CIS Discontinue Intake of I- 485 Applications?

    It is possible. Such an action would be illegal, but CIS has already stopped accepting I- 485 applications for another category known as "Other Workers," despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing.





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  • pappu
    01-19 10:13 PM
    Hello Members,
    I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..

    1. Meet the law members compaign. List of Congress Members is below:
    http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
    2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
    3. Commercials in Theaters playing Hindi movies
    4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.

    It is up to us to get these initiatives going as soon as we can.
    Thanks for attending the call and taking initiative.



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  • espoir
    01-18 10:20 PM
    OK. What the inital poster stated is true. Per US Law one MUST carry all the immigration documents. My home is literally 4.5 miles away from US-Mexico border crossing and 30 miles west of Harlingen airport. I lived here since 2001 and as per my experience cops usually do not ask for immigration documents when stopped for routine traffic stops. Both the times when I was stopped, I was asked for DL and Insurance as usual per TX law. I normally do not carry my passport and other docs when I go to work (5.5 miles north to where I live), when shopping or when going out within 15 miles (north) of my home. Suresh was asked for PP by a police officer because he was in the airport.
    I ALWAYS carry my passport and status verifying docs when I know I'm in the vicinity of exit points such as Greyhound terminal, Airport (even if I'm just dropping/picking up a friend at the Airport) or going out of town. Because I know there are NO excuses whatsoever for not carrying the docs if you are travelling north or south from US-Mexico border town.
    But when in town I never had any trouble, and carrying the imigration docs as needed was never a problem for me. Trust me I sat on tables right next to Border Patrol Officers when I go out to lunch many times.
    In fact at border towns (especially Mexican border), there is lot of vigilence at exit points whether you are citizen or not, you can be held for questioning. Its logical, since escaping into Mexico is literally matter of minutes for law-breakers.

    Also, I do carry a copy of PP in my car, just in case. Nothing wrong in carrying copy of our PP (note: not US docs). Although whether to accept your explanation or not is completely upto the officer.

    Few of my friends from north of Texas visited me did forget their immigration docs and passports(inspite of me cautioning them 100 times), they were held at checkpoints (50 miles north of the border) but were eventually let go after couple hours of verification process. Bottom line you may mostly get away for not carrying the documents at all times. But if they want to hold it against you, you have no case in your favor. Always be nice to them and 99% times you are treated respectfully.





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  • desi3933
    05-26 05:18 PM
    The applicant was found to be inadmissible pursuant to section 212(a(6)(C)(ii) of the Immigration and Nationality Act (the Act), for falsely claiming to be a U.S. citizen.

    http://www.uscis.gov/err/H4%20-%20Application%20for%20Reentry%20after%20Removal%2 0or%20Aggravated%20Felony%20Conviction/Decisions_Issued_in_2008/Jun162008_07H4212.pdf



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  • prioritydate
    12-20 08:59 PM
    That's just another proof. A person who accumulated more than 180 days of unlawful presense is inadmissible into the US (at least for 3 years).


    Wow! I would have gotten a shock of my life!!





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  • ita
    02-02 03:25 PM
    desi3933,
    Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.

    Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.

    I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.

    If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.

    All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.

    Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?

    Thank you.



    W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • raysaikat
    07-28 09:01 AM
    Hi all,

    I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.

    I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.

    Thanks

    Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?





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  • gcseeker2002
    12-28 02:49 PM
    I had similar problem with United last year. I was flying thruogh Malaysian airlines and United charged me for extra 20 LBs. But it was checked in till India.
    Delta is more helpful that way, one of my friends family had separate tickets on Delta and Malaysian, but the delta checkin guy checked in for both flights upto India, and even allowed the 70lbs on the delta part of the flight.



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  • StarSun
    03-16 07:12 PM
    VA/DC/MD members, please host members from out of states. Contact sukhwinderd (private message) or send him an email.......... 2011carpool@gmail.com Lots of members are asking for hosts......

    VA and MD chapter leaders, please post this information in your state chapters, encourage people to open their homes to fellow members.





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  • danu2007
    11-20 10:54 PM
    Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.

    Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"

    Jusy wondering any one got this reply..



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  • ramus
    07-01 07:04 PM
    Pappu,

    You don't need to be so polite with this member.. He/she just joined IV. Haven't done anything for IV.. Don't know what IV is doing any now start talking about IV core doing partying..



    No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.





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  • BharatPremi
    03-07 09:23 AM
    It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..



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  • garybanz
    09-27 11:16 AM
    I have worked in France and Belgium for a little over an year and this is my personal experience - the work environment at that time 2000 - 01 was alright. However, I had to struggle with language barriers and worse of all - the keyboard barriers. The standards in IT industry were very very different and though it was an experience, the learning curve was huge. Personally, I would much rather prefer to be in US or better still in UAE I'd think.

    Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!

    Thanks for sharing your brothers experience with us. My sister and Brother in law also took a similar decision about 2 years back and yes they were quite frustrated too, my brother in law even started looking for options to come back to US, for some reason he never returned .

    Now they are pretty comfortable, they feel that it takes a while to get adjusted to India again but once they got used to living life the India way they just loved it...now they keep trying convince me to go back ;)





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  • coolvigo
    11-20 08:34 PM
    I am moving too ............aakhir kab tak intezaar karengey !





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  • walking_dude
    10-30 06:38 PM
    Thanks for sending the FOIA letter. I don't get the not able to vote part! Every logged in IV member should be able to vote. Where you logged in?

    I hope the 70 is not correct. I sent in the FOIA request (notarized) and also mobilized few of my friends. The number 70 is incorrect, because it does not allow me to vote there, otherwise I am sure it would be atleast 71.





    wa_Saiprasad
    06-11 08:45 AM
    Done.

    Also urging my friends to email.





    kunkie
    07-23 08:24 AM
    Hi,
    You can surely do so, and that too at your own convenience, that is until you get the project with your second employer you need not bother with leaving the first job. H1 Visa does not come in effect until you move to other employer's payroll.

    What I write.. I know for a fact, you may still want to check for any latest changes with attorney or some one in legal world.

    Regards,
    kunkie



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