DallasBlue
07-10 01:37 AM
simply amazing !! you owe a big one to yourself for getting through this though situation by knowing the laws and without wilting.
HATS OFF!!!!!
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
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My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
HATS OFF!!!!!
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
wallpaper New 2011 Free Bar Refaeli
Macaca
05-15 05:59 PM
Why America Needs Immigrants (http://online.wsj.com/article/SB10001424052748703730804576313490871429216.html) By JONAH LEHRER | Wall Street Journal
If there's one fact that Americans take for granted, it's that other people want to live here. As President Barack Obama noted in his speech on immigration earlier this week, the U.S. has always attracted strivers from every corner of the globe, often willing to risk great hardships to get here.
During the 20th century especially, America became a magnet for the bright and ambitious. Millions of talented foreigners, from Alfred Hitchcock to Sergey Brin, flocked to our universities and benefited from our financial capital and open culture.
There are signs, however, that the allure of America is fading. A new study by researchers at U.C. Berkeley, Duke and Harvard has found that, for the first time, a majority of American-trained entrepreneurs who have returned to India and China believe they are doing better at "home" than they would be doing in the U.S. The numbers weren't even close: 72% of Indians and 81% of Chinese said "economic opportunities" were superior in their native countries.
Some of the local advantages cited by these global entrepreneurs were predictable: cheap labor and low operating costs. What's more worrisome is that these business people also cited the optimistic mood of their homelands. To them, America felt tapped out, but their own countries seem full of potential. This might also help to explain why the number of illegal immigrants entering the U.S. has plunged more than 60% since 2005.
These trends are troubling because they threaten to undermine a chief competitive advantage of the U.S. Though politicians constantly pay lip service to the importance of American innovation, they often fail to note that it is driven in large part by first-generation immigrants.
Consider some recent data. The U.S. Patent Office says immigrants invent patents at roughly double the rate of non-immigrants, which is why a 1% increase in immigrants with college degrees leads to a 15% rise in patent production. (In recent years, immigrant inventors have contributed to more than a quarter of all U.S. global patent applications.) These immigrants also start companies at an accelerated pace, co-founding 52% of Silicon Valley firms since 1995. It's no accident that immigrants founded or co-founded many of the most successful high-tech companies in America, such as Google, Intel and eBay.
Why is immigration so essential for innovation? Immigrants bring a much-needed set of skills and interests. Last year, foreign students studying on temporary visas received more than 60% of all U.S. engineering doctorates. (American students, by contrast, dominate doctorate programs in the humanities and social sciences.)
These engineering students drive economic growth. According to the Department of Labor, only 5% of U.S. workers are employed in fields related to science and engineering, but they're responsible for more than 50% of sustained economic expansion (growth that isn't due to temporary or cyclical factors). These people invent products that change our lives, and in the process, they create jobs.
But the advantages of immigration aren't limited to those with particular academic backgrounds. In recent years, psychologists have discovered that exposing people to different cultures, either through travel abroad or diversity in their hometown, can also make them more creative. When we encounter other cultures we become more willing to consider multiple interpretations of the same thing. Take leaving food on one's plate: In China, it's often a compliment, signaling that the host has provided enough to eat. But in America it can suggest that the food wasn't good.
People familiar with such cultural contrasts are more likely to consider alternate possibilities when problem-solving, instead of settling for their first answer. As a result, they score significantly higher on tests of creativity. Perhaps it's not a coincidence that many of the most innovative places in the world, such as Silicon Valley and New York City, are also the most diverse.
We need a new immigration debate. In recent years, politicians have focused on border control and keeping out illegal immigrants. That's important work, of course. But what's even more important is ensuring that future inventors want to call America home.
Europe and immigration are vital issues, so let's discuss them (http://www.telegraph.co.uk/news/worldnews/europe/eu/8514152/Europe-and-immigration-are-vital-issues-so-lets-discuss-them.html) Telegraph
Fewer takers for H-1B
The software scene in the US is changing (http://businessstandard.com/india/news/fewer-takers-for-h-1b-/435622/)
Business Standard Editorial
President Obama's dreaming if he thinks he's mending fences with immigrants (http://www.nydailynews.com/ny_local/bronx/2011/05/15/2011-05-15_prez_dreaming_if_he_thinks_hes_mending_fences.h tml) By Albor Ruiz | NYDN
Twisting the truth on the Mexican border (http://www.washingtonpost.com/opinions/twisting-the-truth-on-the-mexican-border/2011/05/12/AFOJKi3G_story.html) The Washington Post Editorial
The Secure Visas Act (http://www.cfr.org/immigration/secure-visas-act/p24959) By Edward Alden | Council on Foreign Relations
If there's one fact that Americans take for granted, it's that other people want to live here. As President Barack Obama noted in his speech on immigration earlier this week, the U.S. has always attracted strivers from every corner of the globe, often willing to risk great hardships to get here.
During the 20th century especially, America became a magnet for the bright and ambitious. Millions of talented foreigners, from Alfred Hitchcock to Sergey Brin, flocked to our universities and benefited from our financial capital and open culture.
There are signs, however, that the allure of America is fading. A new study by researchers at U.C. Berkeley, Duke and Harvard has found that, for the first time, a majority of American-trained entrepreneurs who have returned to India and China believe they are doing better at "home" than they would be doing in the U.S. The numbers weren't even close: 72% of Indians and 81% of Chinese said "economic opportunities" were superior in their native countries.
Some of the local advantages cited by these global entrepreneurs were predictable: cheap labor and low operating costs. What's more worrisome is that these business people also cited the optimistic mood of their homelands. To them, America felt tapped out, but their own countries seem full of potential. This might also help to explain why the number of illegal immigrants entering the U.S. has plunged more than 60% since 2005.
These trends are troubling because they threaten to undermine a chief competitive advantage of the U.S. Though politicians constantly pay lip service to the importance of American innovation, they often fail to note that it is driven in large part by first-generation immigrants.
Consider some recent data. The U.S. Patent Office says immigrants invent patents at roughly double the rate of non-immigrants, which is why a 1% increase in immigrants with college degrees leads to a 15% rise in patent production. (In recent years, immigrant inventors have contributed to more than a quarter of all U.S. global patent applications.) These immigrants also start companies at an accelerated pace, co-founding 52% of Silicon Valley firms since 1995. It's no accident that immigrants founded or co-founded many of the most successful high-tech companies in America, such as Google, Intel and eBay.
Why is immigration so essential for innovation? Immigrants bring a much-needed set of skills and interests. Last year, foreign students studying on temporary visas received more than 60% of all U.S. engineering doctorates. (American students, by contrast, dominate doctorate programs in the humanities and social sciences.)
These engineering students drive economic growth. According to the Department of Labor, only 5% of U.S. workers are employed in fields related to science and engineering, but they're responsible for more than 50% of sustained economic expansion (growth that isn't due to temporary or cyclical factors). These people invent products that change our lives, and in the process, they create jobs.
But the advantages of immigration aren't limited to those with particular academic backgrounds. In recent years, psychologists have discovered that exposing people to different cultures, either through travel abroad or diversity in their hometown, can also make them more creative. When we encounter other cultures we become more willing to consider multiple interpretations of the same thing. Take leaving food on one's plate: In China, it's often a compliment, signaling that the host has provided enough to eat. But in America it can suggest that the food wasn't good.
People familiar with such cultural contrasts are more likely to consider alternate possibilities when problem-solving, instead of settling for their first answer. As a result, they score significantly higher on tests of creativity. Perhaps it's not a coincidence that many of the most innovative places in the world, such as Silicon Valley and New York City, are also the most diverse.
We need a new immigration debate. In recent years, politicians have focused on border control and keeping out illegal immigrants. That's important work, of course. But what's even more important is ensuring that future inventors want to call America home.
Europe and immigration are vital issues, so let's discuss them (http://www.telegraph.co.uk/news/worldnews/europe/eu/8514152/Europe-and-immigration-are-vital-issues-so-lets-discuss-them.html) Telegraph
Fewer takers for H-1B
The software scene in the US is changing (http://businessstandard.com/india/news/fewer-takers-for-h-1b-/435622/)
Business Standard Editorial
President Obama's dreaming if he thinks he's mending fences with immigrants (http://www.nydailynews.com/ny_local/bronx/2011/05/15/2011-05-15_prez_dreaming_if_he_thinks_hes_mending_fences.h tml) By Albor Ruiz | NYDN
Twisting the truth on the Mexican border (http://www.washingtonpost.com/opinions/twisting-the-truth-on-the-mexican-border/2011/05/12/AFOJKi3G_story.html) The Washington Post Editorial
The Secure Visas Act (http://www.cfr.org/immigration/secure-visas-act/p24959) By Edward Alden | Council on Foreign Relations
ArkBird
01-06 05:22 PM
You are educated by CNN and Fox. Go see what others are saying. Don't just be one sided.
Yes, when you kill Muslims its collateral damage. Killing school kids and bombing schools and hospital is collateral damage. If we have this mentality, yes we would see peace and harmony in this world.
What do you mean by "Others"? Al-Jazeera? Al-Aqsa? Al-Manar?? FYI, Here are couple of Articles from the charter of Hamas. And you think Hamas is peace loving organization because........ ?
Article 7 of the Hamas Covenant states the following: "The Day of Judgement will not come about until Muslems fight the Jews (killing the Jews), when the Jew will hide behind stones and trees. The stones and trees will say O Muslems, O Abdulla, there is a Jew behind me, come and kill him. Only the Gharkad tree, (the Cedar tree) would not do that because it is one of the trees of the Jews." (related by al-Bukhari and Muslem).
Article 22 claims that the French revolution, the Russian revolution, colonialism and both world wars were created by the Zionists. It also claims the Freemasons and Rotary clubs are Zionist fronts. "You may speak as much as you want about regional and world wars. They were behind World War I, when they were able to destroy the Islamic Caliphate, making financial gains and controlling resources. They obtained the Balfour Declaration, formed the League of Nations through which they could rule the world. They were behind World War II, through which they made huge financial gains by trading in armaments, and paved the way for the establishment of their state. It was they who instigated the replacement of the League of Nations with the United Nations and the Security Council to enable them to rule the world through them. There is no war going on anywhere, without having their finger in it.
Yes, when you kill Muslims its collateral damage. Killing school kids and bombing schools and hospital is collateral damage. If we have this mentality, yes we would see peace and harmony in this world.
What do you mean by "Others"? Al-Jazeera? Al-Aqsa? Al-Manar?? FYI, Here are couple of Articles from the charter of Hamas. And you think Hamas is peace loving organization because........ ?
Article 7 of the Hamas Covenant states the following: "The Day of Judgement will not come about until Muslems fight the Jews (killing the Jews), when the Jew will hide behind stones and trees. The stones and trees will say O Muslems, O Abdulla, there is a Jew behind me, come and kill him. Only the Gharkad tree, (the Cedar tree) would not do that because it is one of the trees of the Jews." (related by al-Bukhari and Muslem).
Article 22 claims that the French revolution, the Russian revolution, colonialism and both world wars were created by the Zionists. It also claims the Freemasons and Rotary clubs are Zionist fronts. "You may speak as much as you want about regional and world wars. They were behind World War I, when they were able to destroy the Islamic Caliphate, making financial gains and controlling resources. They obtained the Balfour Declaration, formed the League of Nations through which they could rule the world. They were behind World War II, through which they made huge financial gains by trading in armaments, and paved the way for the establishment of their state. It was they who instigated the replacement of the League of Nations with the United Nations and the Security Council to enable them to rule the world through them. There is no war going on anywhere, without having their finger in it.
2011 desktop wallpaper 2011 new
brb2
04-07 07:12 PM
If the Strive act passes then a large part of the H1B visa demand from US STEM will be out of the que, because these people will not need a H1B Visa. The proposed restrictions on H1B will put the body shoppers out of business where people are hired, put on the bench if there are no contracts, and if they do have a job, then the company will collect a hefty cut off the work of the H1B worker. If this part of the H1B numbers are out, then companies which genuinely hire hi-tech workers such as foreign qualified Engineers, Scientists, technicians etc. These people will then not have to compete for visa numbers with these Desi companies who might just bring in web developers to hire out on contracts at various sites accross the US. Currently, as things stand, a smart lawyer can get an H1B petition written up even to collect garbage or to pump gas at a gas station. No one can dispute that all this goes on. The restrictions should be in place only for new H1B employees not existing ones to minimize the effect on businesses and these employees too.
more...
pitha
10-03 03:55 PM
To all those people who want Obama to win and are "hoping" that he would do something good for EB folks, I have one question
Can anyone show one positive deed or statement by Obama regarding EB problems. Note legal immigartns does not mean EB it only means family based according to Obama,Durbin, Kennedy and the democratic clan.
I am asking this question because I am puzzled at the number of people who want Obama to win in the face his and Durbins hostility towars us. So I am thinking maybe there is a something postive obama did for US (Eb) which I might have missed, so to educate myself can somebody please tell me what Obama did for us.
The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB. I have an open mind can somebody please tell me something good obama said regarding solving EB problems. Everybody knows the venom spewed by Durbin on EB so no need to discuss that part.
Can anyone show one positive deed or statement by Obama regarding EB problems. Note legal immigartns does not mean EB it only means family based according to Obama,Durbin, Kennedy and the democratic clan.
I am asking this question because I am puzzled at the number of people who want Obama to win in the face his and Durbins hostility towars us. So I am thinking maybe there is a something postive obama did for US (Eb) which I might have missed, so to educate myself can somebody please tell me what Obama did for us.
The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB. I have an open mind can somebody please tell me something good obama said regarding solving EB problems. Everybody knows the venom spewed by Durbin on EB so no need to discuss that part.
kevinkris
02-18 04:22 PM
Hi Macaca,
Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..
Thanks,
Kris
Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..
Thanks,
Kris
more...
siravi
09-30 05:41 PM
If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Hmm this is a tough one ....as much as I'd like to see, really, see Obama get the chance to make the "change" he wants to bring about, having Sen. Durbin along with him, driving the immigration policy does not bode well. And by the way, with that outlook on high-skilled immigration how can he claim he is "for change"? Very likely, am missing something here, so forgive me (and enlighten me!). Because I do, sincerely want to see him as the president. But it does seem that Sen. Durbin has been rather hostile towards employment-based immigration and that makes the Obama-for-prez a really tough deal.
Have been here for 12+ years, working as now a teacher and before that as a student. Have always been responsible --paying regular taxes, following the long, obstacles ridden trail to get GC, but I think now its getting very tiresome and unfair and its high time someone really looked into our issues and made "change" for the better.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Hmm this is a tough one ....as much as I'd like to see, really, see Obama get the chance to make the "change" he wants to bring about, having Sen. Durbin along with him, driving the immigration policy does not bode well. And by the way, with that outlook on high-skilled immigration how can he claim he is "for change"? Very likely, am missing something here, so forgive me (and enlighten me!). Because I do, sincerely want to see him as the president. But it does seem that Sen. Durbin has been rather hostile towards employment-based immigration and that makes the Obama-for-prez a really tough deal.
Have been here for 12+ years, working as now a teacher and before that as a student. Have always been responsible --paying regular taxes, following the long, obstacles ridden trail to get GC, but I think now its getting very tiresome and unfair and its high time someone really looked into our issues and made "change" for the better.
2010 wallpaper new image 2011
fide_champ
03-23 11:21 PM
it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
http://immigrationvoice.org/forum/showthread.php?t=17986
I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.
depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
http://immigrationvoice.org/forum/showthread.php?t=17986
I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.
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milind70
07-10 12:51 AM
desi is correct...
Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.
However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.
This is where the problem occurs:
H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.
Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.
Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.
Bottom line: your last action generally overrules your stay.
Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.
Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.
However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.
This is where the problem occurs:
H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.
Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.
Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.
Bottom line: your last action generally overrules your stay.
Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.
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Munna Bhai
07-08 10:16 PM
In Manu's case..he had no choice, but to mention he was on H1 with those companies in that period,but he dint have paystubs/W2's with them..
this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!
He can always get a letter from that company stating that he was on vacation. There is no where it is written that H1b has to work everyday.
this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!
He can always get a letter from that company stating that he was on vacation. There is no where it is written that H1b has to work everyday.
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sweet23guyin
08-05 11:51 AM
There are burning issues like recapture of un used visas which has little momentum after a lot of lobbying....remember this is just to implement the existing law.
Now you are talking about not allowing EB3 folks to EB2. Come on...the process is not a child play. There is a reasons why this whole process is in place....
Now you are talking about not allowing EB3 folks to EB2. Come on...the process is not a child play. There is a reasons why this whole process is in place....
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Amma
01-06 06:10 PM
What Israel is doing is pure state terrorism.Isreal is grid locking the gaza strip and punishing gazans because they elected Hamas. World policeman America will advocate democracy to the world but refuse to accept democratically elected Hamas. What a selective measurement ?
Israel always sees that they are in upper hand. I strongly condemn the poking of Hamas by firing rockets into Israel.They teased the elephant and now they are suffering. This is a cycle. In this war neither party is going to win.Both fools will suffer because of their madness.But innocent people who got in between these two thugs will suffer the most. That is the fate.
Take Srilanka. If the srilankan government gives reasonable autonomy to the Tamils , that isssue would have sorted out long time ago. See what is happening now ? Srilanka is air bombing its own citizens and killing in dozens.
Which country is condemning this ? All are keeping quiet.Now, Tamil tigers will start their terror tactics then whole world will condemn their act.
So, unless there is give and take policy it is a endless cycle of destruction and agony.Unfortunately, the sixth sense is not working in those conflict regions.And suffering of the common innocent citizens is continuing.
Israel always sees that they are in upper hand. I strongly condemn the poking of Hamas by firing rockets into Israel.They teased the elephant and now they are suffering. This is a cycle. In this war neither party is going to win.Both fools will suffer because of their madness.But innocent people who got in between these two thugs will suffer the most. That is the fate.
Take Srilanka. If the srilankan government gives reasonable autonomy to the Tamils , that isssue would have sorted out long time ago. See what is happening now ? Srilanka is air bombing its own citizens and killing in dozens.
Which country is condemning this ? All are keeping quiet.Now, Tamil tigers will start their terror tactics then whole world will condemn their act.
So, unless there is give and take policy it is a endless cycle of destruction and agony.Unfortunately, the sixth sense is not working in those conflict regions.And suffering of the common innocent citizens is continuing.
more...
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GCapplicant
07-13 09:53 AM
The EB3 situation is really bad...I have the calling part too...and its stressful to see EB3I not having any good hopes though.
I am in signing this letter.
its worth a try.Atleast they will come know there is Eb3 stuck for many years beacause of the backlog.the old applications have not been considered at all.
I request even EB2 to support this cause and help.
I am in signing this letter.
its worth a try.Atleast they will come know there is Eb3 stuck for many years beacause of the backlog.the old applications have not been considered at all.
I request even EB2 to support this cause and help.
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unitednations
03-26 02:32 AM
http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf
The above link is one of those 35 straight denial decisions due to temporary job issue in 140.
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
The above link is one of those 35 straight denial decisions due to temporary job issue in 140.
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
more...
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bklog_sufferer
09-30 04:23 PM
I totally agree with the orginal poster, if Obama wins the presidency our chances getting GC any time soon will diminish as the CIR will never include any provisions that benefit EB immigrants.
If that happens, and if I have to wait for my GC for another 4 years (already waiting here since 2003, applied for GC in 2003, but came to US in 2000) then I will sell my house and move back to home country.
If that happens, and if I have to wait for my GC for another 4 years (already waiting here since 2003, applied for GC in 2003, but came to US in 2000) then I will sell my house and move back to home country.
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shensh
04-09 01:33 PM
Chill out pal, please don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.
I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)
Quote:
pete
--------------------------------------------------------------------------------
EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.
Consultants need to be curtailed.
I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)
Quote:
pete
--------------------------------------------------------------------------------
EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.
Consultants need to be curtailed.
more...
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sledge_hammer
03-24 04:11 PM
>>>>Why don't you give me the proof that ALL consulting companies are not complying.
The fact that most of the companies that USCIS is coming after are desi consulting companies proves that MOST desi comapanies are corrupt. There you have your proof.
And I have not seenn any non-desi company use the "bench". Since you support your desi company, tell me how many non desi consulting companies don't pay their employees on bench?
Answer the above question before calling me ignorant.
P.S: And when did I say that non desi consulting companies don't have to comply with USCIS rules???
1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?
2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.
The fact that most of the companies that USCIS is coming after are desi consulting companies proves that MOST desi comapanies are corrupt. There you have your proof.
And I have not seenn any non-desi company use the "bench". Since you support your desi company, tell me how many non desi consulting companies don't pay their employees on bench?
Answer the above question before calling me ignorant.
P.S: And when did I say that non desi consulting companies don't have to comply with USCIS rules???
1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?
2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.
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pitha
10-06 01:57 PM
Fareed Zakaria has a program called GPS on CNN. Last week he went to singapore and interviewed a security\economic analyst from india, singapore and China. The analyst said something which was 100% acurate and something very semilar to what is happenning on this forum, He said India in its heart wants Obama to win but thinking with its head (logically) they want Mccain to win. He said Obama would be a disaster to India. He went on to read a laundry list of things in which Obama would be bad for India and one of the things that he cited would be bad for India under Obama was EB immigration for Indians and Chinese. Even analysts from India, China and singapore recognize what a disaster Obama would be for Eb immigrants and we here are still hoping for a obama win. Anyway, You and I (EB imigrants) hoping will not make any difference but atleast wake up to the impending disaster in the form of Obama\Durbin and start planning for it.
I think Barrack Obama is really interested in strengthning its ties with India. I think he will definitely do something to help legal immigrants waiting in queue as one aspect of strengthning ties with India.
Source: http://www.rediff.com/news/2008/oct/03ndeal.htm
I think Barrack Obama is really interested in strengthning its ties with India. I think he will definitely do something to help legal immigrants waiting in queue as one aspect of strengthning ties with India.
Source: http://www.rediff.com/news/2008/oct/03ndeal.htm
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reddog
07-14 03:33 PM
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
nojoke
04-07 04:44 PM
I firmly believe in the Contrarian Theory. When speculators run, its time to get in and BUY. I owned two homes and I am in the process to getting a third one. I would be a good candidate for those TV shows on HGTv/TLC. I buy a home build equity(through appreciation) and flip. This will get me closer to my DREAM home. I cannot see myself in a home for more than 5 years.
The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.
Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.
No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.
You sound like a realtor. Do you know all those flipping shows in HGTV/TLC are staged? Anyway here is the real story about where investment in housing is heading. There are thousands of real stories like this in the newspapers.
-----------------------------
“Pamela Khamo began a career as a real estate agent in 2002 after selling her La Mesa coffee shop. By 2005, her annual income swelled to $360,000, according to bankruptcy records.”
“Khamo had begun buying investment properties a year or so earlier. In all, Khamo ended up with 13 properties at the peak, she said. Income from renting the properties fell well short of covering the mortgages. But the commissions she earned on the purchases helped offset the rental shortfall, she said.”
“Things started to unravel early last year. The slumping real estate market cut her income in 2007 to $180,000, bankruptcy records show. She became ill for a time. Meanwhile, her adjustable mortgages started to reset…sometimes doubling her monthly payments.”
“Khamo scrambled to refinance. She sought loan modifications from banks. But lenders had tightened standards. They wanted more equity in the properties than Khamo had, she said.”
“‘I did buy at the height of the market, unfortunately,’ she said.”
“Khamo filed for bankruptcy in February. She has lost the bulk of the properties to lenders already, according to county deed and bankruptcy court records. She expects to lose all of them. The East County home in which she and her husband reside has been taken back by the bank – although the family still lives there for now, she said.”
“‘It took six years to build everything up and six months to lose it,’ she said.”
The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.
Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.
No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.
You sound like a realtor. Do you know all those flipping shows in HGTV/TLC are staged? Anyway here is the real story about where investment in housing is heading. There are thousands of real stories like this in the newspapers.
-----------------------------
“Pamela Khamo began a career as a real estate agent in 2002 after selling her La Mesa coffee shop. By 2005, her annual income swelled to $360,000, according to bankruptcy records.”
“Khamo had begun buying investment properties a year or so earlier. In all, Khamo ended up with 13 properties at the peak, she said. Income from renting the properties fell well short of covering the mortgages. But the commissions she earned on the purchases helped offset the rental shortfall, she said.”
“Things started to unravel early last year. The slumping real estate market cut her income in 2007 to $180,000, bankruptcy records show. She became ill for a time. Meanwhile, her adjustable mortgages started to reset…sometimes doubling her monthly payments.”
“Khamo scrambled to refinance. She sought loan modifications from banks. But lenders had tightened standards. They wanted more equity in the properties than Khamo had, she said.”
“‘I did buy at the height of the market, unfortunately,’ she said.”
“Khamo filed for bankruptcy in February. She has lost the bulk of the properties to lenders already, according to county deed and bankruptcy court records. She expects to lose all of them. The East County home in which she and her husband reside has been taken back by the bank – although the family still lives there for now, she said.”
“‘It took six years to build everything up and six months to lose it,’ she said.”
yrspassby
08-06 03:44 PM
PEOPLE WONDER WHY THEY R PAID SO
16). A plain computer illeterate guy rings tech support to report that his computer is faulty.
Tech: What's the problem?
User: There is smoke coming out of the power supply.
Tech: You'll need a new power supply.
User: No, I don't! I just need to change the startup files.
Tech: Sir, the power supply is faulty. You'll need to replace it.
User: No way! Someone told me that I just needed to
change the startup and it will fix the problem! All I need is for you to tell me the command.
****
10 minutes later, the User is still adamant that he is right. The tech is frustrated and fed up.
Tech: Sorry, Sir. We don't normally tell our customers this, but there is an undocumented DOS
command that will fix the problem.
User: I knew it!
Tech: Just add the line LOAD NOSMOKE.COM at the end of the CONFIG.SYS.
Letme know how it goes.
****
10 minutes later.
User: It didn't work. The power supply is still smoking.
Tech: Well, what version of DOS are you using?
User: MS-DOS 6.22.
Tech: That's your problem there. That version of DOS didn't come with NOSMOKE. Contact Microsoft and ask them for a patch that will give you ! the file. Let me know how it goes.
1 hour later.
User: I need a new power supply.
Tech: How did you come to that conclusion?
User: Well, I rang Microsoft and told him about what you said, and he started asking questions about the make of power supply.
Tech: Then what did he say?
User: He told me that my power supply isn't compatible with NOSMOKE.
This one cracked me up so hard, I had to go out to patio to laugh hard and come back to my cube...This is awesome ... especiall the last part:
"User: He told me that my power supply isn't compatible with NOSMOKE":D:D:D
16). A plain computer illeterate guy rings tech support to report that his computer is faulty.
Tech: What's the problem?
User: There is smoke coming out of the power supply.
Tech: You'll need a new power supply.
User: No, I don't! I just need to change the startup files.
Tech: Sir, the power supply is faulty. You'll need to replace it.
User: No way! Someone told me that I just needed to
change the startup and it will fix the problem! All I need is for you to tell me the command.
****
10 minutes later, the User is still adamant that he is right. The tech is frustrated and fed up.
Tech: Sorry, Sir. We don't normally tell our customers this, but there is an undocumented DOS
command that will fix the problem.
User: I knew it!
Tech: Just add the line LOAD NOSMOKE.COM at the end of the CONFIG.SYS.
Letme know how it goes.
****
10 minutes later.
User: It didn't work. The power supply is still smoking.
Tech: Well, what version of DOS are you using?
User: MS-DOS 6.22.
Tech: That's your problem there. That version of DOS didn't come with NOSMOKE. Contact Microsoft and ask them for a patch that will give you ! the file. Let me know how it goes.
1 hour later.
User: I need a new power supply.
Tech: How did you come to that conclusion?
User: Well, I rang Microsoft and told him about what you said, and he started asking questions about the make of power supply.
Tech: Then what did he say?
User: He told me that my power supply isn't compatible with NOSMOKE.
This one cracked me up so hard, I had to go out to patio to laugh hard and come back to my cube...This is awesome ... especiall the last part:
"User: He told me that my power supply isn't compatible with NOSMOKE":D:D:D
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