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  • thesparky007
    05-24 10:19 PM
    Sheesh someone is in a hurry :|!hurry?
    i posted that on the 16th
    it has been about 8 days
    @kirupa:ok,thanks





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  • rdehar
    08-26 12:44 PM
    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.
    If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.

    H1 transfers are really tricky nowadays -- there is a big risk.

    Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.





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  • ghost
    10-20 06:44 AM
    pledging and donating regularly is a novel concept for immigrant population, there has been some market research as well done on this when I was back in business school - feels a long time back!

    Good to see folks coming out and signing up for recurring donations - every small amount counts as long as it is recurring.

    For folks who want to celebrate the procurement of Greencard, it is fine as well but let's try focusing on the present than on future or past (courtesy: dialog from Rang De Basanti)...not trying to demean but trying to emphasize on the importance of present day!





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  • SunnySurya
    06-13 10:33 AM
    Deleted
    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.



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  • bkarnik
    04-02 10:04 PM
    I agree with raj. IV goals are clearly mentioned on the homepage and it appears its activities so far are consistent with its stated objectives. As a self funded group with limited resources, the fronts on which the battle can be fought have to be selected. Currently, the struggle is to get legal, high skilled immigrants on temporary working visas a more defined and timely path to their long term career and life goals. There will always be issues which the core group will hopefully consider and act on in the future.





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  • hmehta
    09-23 07:53 PM
    Yes, I am in the same Boat - My 485 was filed on July 19th but haven't received my receipt yet (485 filed at TSC)!



    Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D



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  • AuntyDan
    06-21 08:32 PM
    You have mail logiclife, let me know if I can be of use to you.





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  • gc_seeker_2001
    01-29 09:48 PM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.



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  • masti_Gai
    01-05 03:00 PM
    there is no discrepancy here.
    The no. of members has been increasing as new members are joinin the forum thatz it. So every time we check it out we might find a different no.

    as of now 3:53 PM the status is
    Threads: 2,478, Posts: 38,828, Members: 8,104, Active Members: 3,611





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  • Kitiara
    04-28 02:40 PM
    I wasn't copying you, Soul. Honest. :)

    Sorry Sen, your robot wasn't up when I posted my vote. It's very good as well, though I agree it would be nice if it wasn't as dark. :)



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  • redelite
    08-26 04:01 PM
    fixed.... http://www.kirupa.com/forum/attachment.php?attachmentid=47721&stc=1&d=1219780843


    //Edit: woops.. sorry for double post





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  • brij523
    11-12 04:07 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.

    WOW. People ask so many questions!!

    Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.

    Have fun.



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  • yabadaba
    06-20 09:23 AM
    take a photo of yourself with a digital camera....go to epassportphoto.com upload the photo and crop it...save the output jpeg and upload to walgreens. Print from there

    total cost 19 cents





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  • gc_kaavaali
    08-12 02:21 PM
    That seems to be true. I had infopass appointment yesterday. IO told me samething. He told me my NC would be cleared by November this year(Because USCIS planned to clear out all NC pending cases for more than one year by that time). God only knows what is happening!!!!


    I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).

    PD Sep 05.



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  • AnandNJ
    06-27 03:04 PM
    No, you can not get a copy of I-140 by USCIS
    except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.

    If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.





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  • Blog Feeds
    08-31 09:40 AM
    USCIS has released a new interim memo which clarified the method of analysis by USCIS officers that they must use in adjudicating Form I-140, Immigrant Petition for Alien Workers, filed for 1) Alien of Extraordinary Ability EB1A cases; 2) Outstanding Professor or Researcher EB1B cases; and 3) Alien of Exceptional Ability EB2 cases. The requirements for these types of I-140 petitions have not changed but this new method of evaluating the merits of cases may adversely impact those applying for immigration in these categories. This interim memo is a response to the U.S. 9th Circuit Court of Appeals decision in Kazarian v. USCIS on March 4, 2010. In the Kazarian ruling, the court held that USCIS was being too strict in deciding EB1A petitions by requiring extensive citation evidence and specific types of peer review work in order to meet the EB1A criteria. However, the court did rule that USCIS could consider evidence such as extensive citations in making a final merits review of the case to determine whether an alien is at the very top of his or her field.

    In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.

    For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;

    8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

    9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;

    10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

    After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.

    New Evaluation Process For EB1B Cases

    For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.

    Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.




    More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)



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  • rsayed
    04-20 05:54 PM
    04/20/2007: Immigration Reform Growingly Picks Up Heat

    Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.

    http://www.immigration-law.com/

    It is a positive update - hopefully, these "behind the scenes" or "back-door" lobbying efforts/activities will help alleviate the Retrogression situation.

    If there is any chance, it is 2007. In the past 2-3 years, there have not been so many Bills in the House and Senate, aiming at solving the Immigration situation.

    I just read the following update on www.immigration-law.com -

    04/20/2007: House Version of SKIL Bill, H.R. 1930, Introduced in the House on 04/18/2007

    Congressman John Shregg from Arizona introduced the SKIL Act of 2007 in the House on Wednesday, 04/18/2007. This is a bill which is identical to the Sen. Cornyn's bill in the Senate. These two legislators also introduced the identical bills in the House and the Senate last year. The full text has yet to be published, but the text is considered identical to the Cornyn bill. Rep. Shregg strongly opposes the comprehensive immigration reform legislation that includes legalization of illegal aliens.

    The EIA, Electronics Industries Alliance, supports this bill, particularly H-1B reform, but asks that the SKIL and H-1B reform be enaced as part of the Comprehensive Immigration Reform legislation.





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  • lj_rr
    07-28 07:05 PM
    I efiled in 2nd week of July and got approved in 8 calendar days.Already got the notices by mail.

    We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
    Thanks in advance

    -Krishna





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  • Sai gc
    05-12 10:49 AM
    Anyone please advice.





    senthil1
    12-02 11:00 PM
    If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).

    o lord labaku... in this case, i am talking to those of us who have started up a company in recent times and are looking forward to offsetting their incomes by the company expenses and hence save on taxes...





    clazale
    11-12 10:19 AM
    can you share more details about your case?
    Priority Date: Nov 2004 (EB3 - India)
    Labor certification approved - march 2007
    Applied I140 and I485 concurrently during the July 2007 fiasco (July 17th 2007 ... to be precise)
    Used Cross-chargeability and crossed to EB3 ROW, so my priority date became current
    I140 approved: Sept 08
    GC Approved: Oct 08.

    I dont know if cross-chargeability matters, but the main thing is that when my I485 was approved in Oct 08 the processing time was still showing June 2007 (roughly first week of june 2007), which is more than 1 month behind. And also the processing time was stuck on june 2007 for few months.

    Good luck to you and I hope that good days come soon.



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