Monday 13 June 2011

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  • Totoro
    05-20 07:01 PM
    Indeed it makes no sense that people who have families to support get nothing, while those who do not have families get it.

    Anyway, it is not over yet. I have been able to get congress to approve checks for military families, so anything is possible.





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  • wandmaker
    03-20 07:47 PM
    I have got an RFE for 485 application. USCIS is asking me for Employment Letter, Paystubs and W2 for the employer I NEVER worked. (I have typed exact message below)
    *
    This is my situation-
    I worked for 'Employer #1' from Jan-2000 to Jan-2005
    Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
    *
    However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
    *
    Please advice-
    1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
    2) Would you consider this as simple case or complicated?
    3) Should I hire attorney? (I self filed my 485 in July-2007)
    *
    *
    This is the exact text - (changed Employer names)
    Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s

    Thank you for your time and help.

    Ask your attorney to write a letter in response to RFE and explaining the situation you never took the job with employer X though the H1B transfer or new is approved, this will clear the query of USCIS. One catch, you should have maintained a continuous employment with #2 and demonstrate the same to USCIS. Good luck!

    Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, so there is no question that you recent h1 is valid and past is invalid. Get an attorney, Good weekend





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  • coopheal
    03-14 06:32 PM
    Can this be true?

    Some one with 2006 EB3 INDIA got 485-approval today:

    http://www..com/discussion-forums/i485-1/81447145/last-page/

    No it cannot be true.





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  • pointlesswait
    07-01 09:47 AM
    Dude, i think you will end up in more mess..once they realise and revoke your 485!
    if i were you i would check with my attorney promto before uncorking the bottle..;-)..

    njoy!



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  • headhunter
    07-19 10:20 PM
    I thought IRS will allow you to withdraw your 401(K) with a 10% fine + all applicable taxes. Not sure how that will benefit someone who is forced to withdraw becuase he has to return to India.

    You go back to India and withdraw one year later when you have 0 US income. Anything below 15K income is not taxable. Your 401 (K) withdrawal is added to your income for taxes





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  • somegchuh
    07-19 04:22 PM
    I think Canada might be a good option for some ppl. Here are some reasons:

    You move to canada, have greater flexibility to change jobs, your wife gets to work, in the meanwhile your employer lets the GC process continue. This way, you live a free life until you get a GC. But I seriously doubt if any employer will continue to process GC if you leave the country.

    Or you have waited long enough and are too tired to wait any longer. You would rather be elsewhere. In this case it doesn't matter where you go, Canada or back home.

    Another good reason can be that you have waited for 8-10 years in US and have no hope in sight. You are not tired but you can clearly see that the wait is completely futile and you are just hoping. You have decided to stop waiting but still want something that's close to US standards. And I think canada still comes very close to good standards.

    What do you guys think?



    yes corret,

    I do not understand the point of moving to Canada to come back to US when the retrogression seems to end(which never ends).

    What is the point in moving to Canada and waiting for something from US. I would very well stay in US and wait. At least US is better than Canada on every aspect including $$$.

    I would say, if you have PR and if you can get a very good satisfying job than what you are doing here which would add value down the line, then there is a point in moving. Just for the heck of having a PR, moving to Canada is not a wise thing to do.



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  • hebbar77
    04-10 02:16 AM
    oh ya, so you have a problem with donor status? Why don't you start with your cable company and ask them why do they charge you any money? Why don't you ask the gas station, that why do they charge you for the gas? Why don't you argue with the cashier at Walmart about the bill you have to pay if you want something? Its easy to be dismissive of others. Its even easier to fault others and argue that just because no one shared the information, so I have license to throw stones at others. But being an Eb2 highly skilled humanity savior personality that you are, why do you need a 3rd class Eb3 programmer to show you that it cost money to get things done. Why can't you see that in last 8 months this nation was going under a presidential election and nothing got done on any issue, other than bailouts and budget? Why can't you see that nothing has happened in the Congress on immigration for any other group? Why can't an highly skilled highly educated chanakya of this planet not see that it is ok for everyone to praise some immigration lawyers who are known to deliberately delay green card application, but its not ok to ridicule someone sincerely working to fix my issue? Why is it ok for me to track my application all day and not complain even once when some tracker website is asking for money to have my question from a lawyer, but will not leave any stone unturned to put the "burden of proof" of innocence on someone sincerely working to stand-up for me because I am too coward to stand-up for myself?

    Let me help you understand it because it will be too much for your eb2 species brain to understand. Simple answer - You cannot see past the things that you cannot understand. Just go and ask Walmart cashier as to why he/she is charging you money for the things you want? Maybe that will help.


    .

    reading above posts it reminds me what I read :
    Lot of junk sold in US...
    People have gotten used to buying things that have no value. Wherever donation boxes are putup or beggers stand , people put money. Come on one does not need to pay because a other guy is asking.

    So its upto the individuals to donate. Personally I dont feel one can do much to accelerate the GC process. If you read the history you can comeup with a list of things that changed the way things got done in US!!
    Have a good one guys.





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  • satyasaich
    03-20 11:08 PM
    I have got an RFE for 485 application. USCIS is asking me for Employment Letter, Paystubs and W2 for the employer I NEVER worked. (I have typed exact message below)
    *
    This is my situation-
    I worked for 'Employer #1' from Jan-2000 to Jan-2005
    Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
    *
    However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
    *
    Please advice-
    1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
    2) Would you consider this as simple case or complicated?
    3) Should I hire attorney? (I self filed my 485 in July-2007)
    *
    *
    This is the exact text - (changed Employer names)
    Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s

    Thank you for your time and help.

    First of all,based on the information you provided i believe that
    1. You are continuously employed WITHOUT any gap, meaning working 40 hrs/ week and clean history of pay stubs, W2s etc
    2. You have been working for only one employer at any given point of time, as a full time employee
    IF What i said above is true, then RFE makes no sense. because based on the H1B rules and regulations, one can have multiple H1Bs BUT can only work for ONE employer as full time, meaning 40hrs/week.
    It is also completely legal that one can work up to 20hrs/week for second employer by paying proper taxes . but in your case i believe that you have worked for only one employer and i think you can show the evidence.
    Please contact your attorney and draft a response carefully

    Please correct me if were wrong



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  • sanjay
    06-23 11:47 PM
    Hi,

    Sorry for late jumping on this old topic. But, applied for SSN for my wife and got it in mail. Now what? My taxes for last year were applied in feb this year. How can I tell IRS that my wife got SSN now and she is eligible for Stimulus package?

    Can I claim this amount next year when I file my taxes?

    Thanks.





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  • Hermione
    09-27 01:44 PM
    Franklin, yes, Ombudsman report includes ALL I-485 numbers, plus ALL naturalizations. Among all of them EBs are a small number.

    What I was trying to understnd by running the numbers, where does the "leacky bucket" go over time. Imagine EB category as a leacky bucket - new workers on H1Bs are getitng their documents done, that goes to adds, and approvals are being given out, that goes to substracts. If the expected new petititons being ready are more than 140K, the total bucket will grow. If it is less, it will shrink. What I am basically saying, it is between 10K and 20K less adds than deletes, so the backlog should shrink over time (not tomorrow, of course). And it will start shrinking from EB3 ROW, because that is where the unused numbers end up. By watching EB3 ROW number we should be able to tell how fast the pool is shrinking.

    Also, in the concept of the leaky bucket, it becomes essential not to lose any numbers, this is why 10K lost numbers a year is unacceptable. Personally, I think advocating number recapture is a waste of time (better off advocating quota increases), but we should be vigilant about CIS not losing numbers going forward.

    Efficiency of precessing, in my opinion, is not an issue at all, at least on the USCIS side. FBI is a different story, but even for them, it is rare that cases are stuck for more than two years. Retrogression is the real culpit - being stuck in retro for 5 years is not unusual, and this is a whole lot worse than namecheck. By the way, because naturalizations are also subject to namechecks, there is enough outrage out there that I think namecheck issue will be solved in the next year or so.



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  • nyte_crawler
    03-14 11:03 AM
    In june 2007, USCIS did'nt reach June 03. But DOS pushed it to use up numbers. The dates are basically a dance between USCIS and DOS and it is based on demand from the previous month or qtr. Yeah there are tons of people who got their GCs with PD 03, but there are tons more waiting in 02 to get their GCs. I do agree with the Labor black market that flourished which adds more complications to the progress. The only way PD moves to 2005 in the next two years is by luck or DOS calculates it wrong (like they always do)


    First Bullshit Period: 2003 - Realization that EB3-I will be dead slow - Sub
    Labor black Market flourished mainly in NY, CA and TX.
    We saw a new animal "Virtual Office". Lot of ethically and
    morally(Now even legally) illegitimate transfers occured
    from EB3 to earl PD based EB2.

    Second Bullshit Period: 2005-JAN to APRIL is a key "Bullshit period" - As in
    May PERM was gonna to be released, people
    fanatically started preparations to switch over to EB2
    using PERM. So maximum fence hopping done in this
    period and continued till 2006 mid.

    Fact: In june 2007 EB3-I was already reached to June 2003 as current PD.


    So logically speaking once dates for EB3-I reaches to 2005 start mark then virtually it should not take long to reach to 2006 mid mark as EB3 numbers considerably reduced and with same amount EB2-I considerably increased so EB2- I will stuck for a very long long time once it reaches to 2005 start mark and Eb3-I will be moved with jet speed. Now we may have some EB3-I with PD before June 2003, it will surely be a stock from NC stuck - That is the only entity which you can not tag a number and hence the base of inaccurate prediction.So far so good. Considering all this I believe Eb3-I at least with PD 2004-mid should become current by the end of 2008 december.Last quarter of this year will be THE quarter for EB3-I

    Other thing is unpredictable and abrupt decisions by USCIS, just like what it did during this April - So all in all, I think it (EB3-I) should reach to 2005 mark by 2009 mid.





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  • sunofeast_gc
    02-13 01:33 AM
    It�s so easy to say change of leadership....but as a member what you have done till now....


    I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!

    That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.

    I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!

    But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.



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  • royus77
    08-01 06:58 PM
    esp. when time is important they can do it fast .My whole 485 process was completed in 3 days turn around time .





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  • whoever
    02-08 03:58 PM
    please be polite to him/her. I dont like the word/phrase "hook you with guy". you could say "recommend you to .." instead.



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  • REQUIRE_GC
    07-15 12:03 PM
    My last and final update to this post. I got my original Green Card (Cards not green color) It was the happiest day, the wait was finally over the air smelled a little better.

    My two cents - Have patience explore other means of getting green card if one doesn't work. An attorney once told me there are soo many ways and regulationsto get green card that half of them are not even in law manuals only the old timers know about them. Enjoy life life with green card and with out it is the same.but the time you spend never comes back. If you have problems with your employer just imagine if you didn't have a job. So make the best of your time and enjoy this great land which we call america.

    Thanks

    Congrats!!!!!!!!!!!!! man





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  • anilsal
    12-01 06:56 PM
    Can we organize a hunger strike in front of CAPITOL HILL ,just for one day ?
    IV can co-ordinate the event. It will give BIG media attention in DC. It will open the eyes of American people !

    1 day hunger events don't make as much splash as longer ones. But that day be better a working day. :)



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  • Legal
    07-11 01:43 PM
    http://www.nytimes.com/2006/07/11/washington/11sensenbrenner.html?_r=1&oref=slogin

    �Pit Bull� of the House Latches On to Immigration

    WASHINGTON, July 10 � Representative F. James Sensenbrenner Jr. has no tolerance for illegal immigrants, either in his political life or personal life.

    ...........In each portrait in his office, Mr. Sensenbrenner appears regal and contented � in contrast to the rumpled and fed-up image he conveys in real life. He is commonly described as �prickly,� �cantankerous� and �unpleasant.� And this is by his friends.





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  • Desertfox
    05-17 02:15 PM
    Very easy....emails sent.





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  • H1BLegal95
    05-31 02:15 PM
    This is America's gift to India. Nasscom should be smiling. Their skilled labor problem is gonna get better with 40-50000 H1s in 6+years forced to leave because of stupid I140>365 days rule.

    Jobs follow skills and outsourcing is gonna rule. They are sending legals/skilled labor out and keeping illegals/unkilled labor in. However advanced a country is the top always attracts the foolish and the emotional. George W bush is the prime example.





    claudia255
    03-03 02:20 PM
    Is the new deadline March 10th?
    Can an administrator put it on the home page?
    Thanks,





    gvarghe
    09-25 10:21 AM
    This is my first post in this forum, only because I am seeing this Fragomen thread. I had a very bad experience, while working with a 'so called "reputed" India's largest software company' . Fragomen handled my L1 extension for this company, there was an RFE on a simple matter, but they took the whole time provided in RFE deadline to respond to the RFE. Finally when they responded, they responded to USCIS with the supporting documentation of some other employee. USCIS immediately denied my L1 extension petition, and I had to pack up and leave the country in a gap of 1 week. This Fragomen lawyers or paralegals have no concern or not even rendered an apology on this fiasco.



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