Saturday, June 25, 2011

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  • nlssubbu
    10-02 11:38 AM
    Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?

    Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.

    The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.

    (Though I got GC now, my H1 is valid till end of 2010 :) )




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  • Ramg
    11-19 06:54 PM
    Is is it ok if you receive just 2 AP papers?
    WHat is the difference between 2/ 3 AP papers?

    Thank you.

    I got only one AP paper. Is it ok to travel to India?




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  • chanduv23
    07-27 03:03 PM
    Thank you attorney Sauer and all other IV members for replying to my question.
    I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
    Do they mean they will not pre adjudicate my case till visa number is available ?
    or
    Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?

    The processing dates are passed my received date and notice date in the processing center where my application is processed.

    Please let me know your thoughts.

    In very rare ocassions people get to know that their 485 is preadjudicated.

    Check out this case
    http://immigrationvoice.org/forum/344724-post54.html

    Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)




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  • matreen
    09-05 05:40 PM
    Please don't give incorrect answers.

    All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

    The main difference in these corp types are
    1. How much record keeping is done
    2. The way taxes are computed and filed with IRS
    3. The kind of expenses allowed to deduct
    4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

    For S-Corp, the shareholders must be Permanent Resident or US Citizen.

    I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


    ____________________________________
    Proud Indian American and Legal Immigrant

    Thanks, nice reply.

    Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?

    If I go with C-Corp, shall I liable to $800 as well, any ideas??

    What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.

    Thanks in advance.



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  • chantu
    06-15 10:45 AM
    What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?




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  • sparky123
    07-18 02:12 PM
    We're running out of time. Any timely suggestions would be much appreciated.

    Please help to expedite Atlanta center.

    We just want to get ours filed too and join the rest of the gang in celebration :p



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  • ss2005
    08-05 09:00 AM
    In the October 24, 2007 USCIS HQ Stakeholders Meeting, the USCIS gives the following answer:
    Question: Should I be worried if I receive a different A-number after filing an application for adjustment of status on Form I-485?
    Response: No, a temporary receipt process was implemented for Employment Based I-485 applications filed between July 2, 2007, and August 17, 2007. The temporary receipt process allowed USCIS to receipt the high volume of I-485 applications filed during the summer in a faster and more efficient manner. New A numbers were assigned during the receipt process. At a future date the newly assigned A numbers will be reconciled with previous A-numbers that may exist for each applicant and the newly assigned A-number will be deleted. The temporary A number will also appear on the EAD card. This temporary receipt process also facilitated the receipting of I-765 applications for employment authorization and I-131 applications for advance parole.




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  • arnab221
    04-27 09:23 PM
    Most points are for joining the US Armed forces . I see where this is going .



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  • waiting4gc02
    02-21 10:07 AM
    Guys:
    Does anyone know why the Service Center Processing still shows as of
    Jan'17th, when they generally update the Service Center Processing information atleast once a month if not twice in the past...!!!

    I know it's the INS and they can do whatever they like, but has anyone any other insight into this..?

    Thanks




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  • permfiling
    02-09 09:13 AM
    I don't think saying "moving back to india" is a good option especially in a small world



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  • harryom
    01-18 11:31 AM
    I,m July filer for I140/I485 and have not received my EAD yet so I visited local office and lady officer gave me Ticket number and ask me you can use this number to see the activity on my case regarding this latest request on the uscis website.

    I have no clue where to put in this number...Anyone with suggestion or similar situation..


    Thanks
    Harry
    PD" Sept-04
    Filed in July 15th
    EAD: none for self, received for spouse
    AP: Received for both
    I140 Pending
    I485 pending




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  • abhijitp
    01-29 01:11 PM
    you are awesome

    NP, thanks for bumping this up.... I won't be spending any more time "bumping up" as guys who live and work around Fremont have heard this loud & clear by now...

    Fremont BART station, 5 pm to 7 pm every weekday beginning today... BE THERE!!!



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  • LostInGCProcess
    05-19 04:05 PM
    You should have reported these issues within 12 months of your employement. Otherwise there is no use. All you can do is send a letter to the Wipro HR, stateing you are filing a formal complaint to the DOL and wirting to the congress man. Also tell them you are going to make sure this story highted everywhere in the Internet and media to damage WIPRO's name. I am sure they do not want to get a bad PR in this situation where everyone hates the Indian companies.

    The statue of limitation is, i believe, 2 years.




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  • keerthi
    05-13 03:32 PM
    Thanks again.

    I will consider the L1-A during the re-filing. Any idea on how long it will take to get the petition approved if I re-file by this month?

    The USCIS processing times indicate a 2 month backlog for I-129 petitions.



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  • BharatPremi
    03-19 07:59 AM
    I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?

    I need help on this as I do not want to terminate my job from my side.

    Any advice will be appreciated.

    Thanks,

    You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.




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  • prince_waiting
    08-26 03:10 PM
    Instead of doing the same old boycott and display a propensity of being destructive, I suggest we should work an extra day and get a letter from our respective employers applauding our contributions. This will not only show our constructive value to the society but also help to alienate ourselves from the illegal alien. The employer letters then can be bunched together and sent to all the major news bureaus and influential senators/congressmen to advocate our cause.



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  • zCool
    04-01 02:27 PM
    Yes, at the time of adjudication, you will need employment varification letter that shows Permenent Full time job with same or similar duties and reasonable wage difference.




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  • imh1b
    02-04 03:45 PM
    How did you celebrate?
    What are your changed plans now in life?




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  • looneytunezez
    04-08 04:17 PM
    Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

    Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)

    China: none to three weeks expected through July. No August or September estimate is possible at this time.

    India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.

    Employment Third:

    Worldwide: three to six weeks
    China: one to three weeks
    India: none to two weeks
    Mexico: although continued forward movement is expected, no specific projections are possible at this time.
    Philippines: three to six weeks

    Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.

    Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)

    INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.

    The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
    As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.




    hianupam
    04-26 08:17 AM
    I'll. I am big foodie (from all places)...
    We moved from Allentown, PA to Houston in 2008. As some of the other IVers have alluded, Houston is a BIG city (if you include the burbs that is). Most of the major roads are backed up during peak traffic hours and typical commute time start to be measured in hours.
    Finding a place to live in Houston (read buying a house) can be a tough decision when you have so many choice. Things can be complicated if your spouse works and you have school going kids.

    Some terms you will hear when you talk about location in houston:
    1. Inside the Loop (610) which is the ring road that encircles downtown houston and the medical center. If you are not in the energy corridor, you are most likely to work within the loop. However finding a place to live within the loop can be challenging (that is if you are looking for a house in the sub 1 mil category). Good neighborhoods within the loop are riveroaks, memorial. There are some decent neighborhoods in the medical center montrose area but the schools (publlic schools) may not be to your liking.
    When we moved, we initially rented near the medical center (a highrise called mosaic, opposite herman park) and put our daughter in a daycare called Creme De La Creme in downtown.
    2. Inside the Beltway (8) which is the outer ring road that encircles houston. You have to be really careful if you choose to live in the area between 610 and 8 as there are some very shady areas. West (along I 10) is mostly fine.
    3. Outside the beltway is where you have most of your master planned communites (read burbs). Down south (along 59) you have sugarland. West (along 10) you have Katy (and most of the energy companies). Northwest (along 290) you have Lakewood, Tomball (along 249), spring cypress etc. North (along 45) you have woodlands northeast (along 59 north) you have spring, kingwood and east (again along 45 east) is League City (read NASA).
    The main things to consider are (at least I did when I bought a house)
    1. Safety : There are some very shady parts of town.
    2. School District (ISD)
    3. Commute : Both current and future (if you were to change your place of employment). Say now you work downtown and chose to live in sugarland and a year later you found yourself a Job in the woodlands, you will have to move or deal with a 2 hour 1 way commute !
    4. Availability of public transport: Which in most cases is non existent in Houston. But they do have a good commuter bus system from several places in the burbs if you work downtown. Lots of employers that have offices downtown will subsidize this. This can be a decent chunk of change as parking downtown will typically run you about $200/month.

    These are the salient points that I could think of.

    Let me know if you have more questions. PM me if you guys are visting Houston in the near future.




    va_il
    06-08 12:17 PM
    No point in bashing Indian companies. As they are going political on this issue, my cousin just graduated from School and does not have a job, his dad thinks that his son lost his competitve spirit and is unable to compete for a job, while we all know the actual situation which is pathetic for new h1b seekers.

    IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...

    For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.

    And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.
    Right CIR is their only hope .... for a person who came illegally ... right ...and unfortunately they don't know if they cross the boarder illegally they will be separated from families .... not considering that is immoral on govt part ... :) :) :)

    Grow up. These guys are even considering to allow them as legals only because these guys need a cheap labor .. not because they think it is moral .... irrespective of what they say in public stunt. Otherwise all those would have been booted in next sec.



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