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  • bomber
    07-20 01:16 PM
    I think you can also switch using your H1-B. You can still invoke Ac21 on H1-B, just that EAD makes it easier to find new employers.
    moreover, you will now have to spend approx 4K on H1 renewals every year.



    I can see how it will affect many people's (including mine) spouses job prospects.

    Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
    "an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"

    or does it say

    "6 months after filing 485, the employee can switch"

    thanks




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  • john2255
    07-21 12:14 AM
    That is exactly what I thought as well. Which is why I'm confused by posters ranting about "people who voted against SKIL bill" and getting their knickers in a twist

    Correct me if I am wrong, ---but I thought that "This Ammendment" was attached to a defence bill. I dont think that it was the ammendment that was shot down, but the whole defence bill.



    Kindly note,
    This particular Cornyn amendment (S.Amdt. 2339) offered to attach to H.R. 2669 (College Cost Reduction Act of 2007 ), but the motion was failed due to lack of 5 votes.(55 YEAS and 40 NAYs. Require 3/5 majority) HR.2669 is passed by both Senate and house and sent for conference to resolve the difference between house and senate versions and president is sure to sign the bill and thus would become the law in another few days. This amendment does not have anything to do with defence bill or with SKILL bill. Following is the actions taken by congress of HR 2669.

    IF THE AMENDMENT HAD PASSED WE WOULD HAVE GOT ATLEAST 240,000 RECAPTURED, UNUSED VISAS OF PREVIOUS YEARS IN ANOTHER FEW DAYS.


    H.R.2669
    Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.
    Sponsor: Rep Miller, George [CA-7] (introduced 6/12/2007) Cosponsors (31)
    Related Bills: H.RES.531
    Latest Major Action: 7/20/2007 Resolving differences -- Senate actions. Status: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
    House Reports: 110-210
    MAJOR ACTIONS:
    6/12/2007 Introduced in House
    6/25/2007 Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-210.
    7/11/2007 Passed/agreed to in House: On passage Passed by recorded vote: 273 - 149 (Roll no. 613).
    7/20/2007 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 78 - 18. Record Vote Number: 272.
    7/20/2007 Resolving differences -- Senate actions: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.




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  • Sachin_Stock
    08-23 10:09 AM
    Those who initiated the panic attack, I want them to explain what so frightening about this memo!? Please put forth your points.




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  • vinabath
    07-20 03:46 PM
    Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.


    He is 100% right. Unless USCIS hire people, our EADs and APs will get delayed. People like me have travel plans in Jan. I do not want to go for Visa stamping. I am concerned.



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  • AllVNeedGcPc
    10-21 09:32 PM
    ... for example:

    Step 1: File EB2 Perm labor (6-10 months)
    Step 2: File 140 (2 days to 4 months)
    :

    And when should you interfile / port your EB3 date? Should you do it when you apply for 140 or should you do it after 140 approval when you apply for 485?

    Thanks in advance




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  • satishku_2000
    07-09 05:41 PM
    92807 here ...



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  • chanduv23
    09-17 10:42 AM
    I just registered for IV. I wish I could come to DC rally on 18th. But due to certain unavoidable circumstances I may not be able too. Though not an excuse But I feel very guilty about it and this guilt will always remain there that I was not part of rally on 18th. I am contributing a small amount of $ 100 by google order # 309818904607579

    Thanks for your contribution and support, please urge other friends to make it to DC




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  • jonty_11
    07-06 01:35 PM
    66K plus 60K still only makes 126K, do they still have another 20K or so? How does the math tally here?

    I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
    In an effort to juggle all these issues, they screwed it all up.

    Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a visa or on a green card straightforwardly. Thats what I am getting from all this.
    Could be, But I still feel they did this to avoid a but load of applications simple because they DO NOT WANNA WORK.
    If they think that we should be on GCs or VISA only, then they would be already working on streamlining the sytem instead of wasting so many VISAS every year as per Ombudsman's report.



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  • billu
    09-04 08:33 AM
    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.

    This in my opinion has helped smart folks among us:

    - They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.

    - Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.

    - Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.

    - People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.

    - Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.

    - If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.

    - Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.

    Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.

    -

    great analysis of the GC queue. Those who missed the july 2007 boat (despite working here)or those who started GC 2-3 years after starting a job have themselves to blame. I am one of them. Also, I have several friends who are working on h1b with ridiculous contracts with no sign of GC being filed. They are blissfully ignorant of the GC mess despite my warnings. Each year thousands of students still come from India on F1 and most of them later file h1b and GC. I wish they were made aware of this mess. Most of us have the famous "chalta hai" attitude of india that smirks of no farsightedness or pre-planning due to which we are in this mess, especially folks on EB3.




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  • GayatriS
    01-08 06:40 PM
    what is this "professor-ji" all about?
    are you his student or relative? y r u getting personal about a conversation.


    I didn't leave my respect and humility behind in India when I came here as obviously you did!



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  • lifesucksinUS
    09-10 09:35 AM
    It certainly is a bad news..
    guys my PD is april 2004, does that mean I stand no chance. I had RFE on 08/14.Should I still keep hopes till the end of the month, or its all over for me till my date gets current again...Senior members plsssssssss respond...




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  • TeddyKoochu
    12-10 07:20 PM
    What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?

    Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.



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  • conundrum
    04-30 03:17 PM
    the chair person has just asked the best question of the day, about EB2 person having to wait even though the DOL has approved their case




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  • geevikram
    12-12 02:44 AM
    Thanks for your advise on paying to IV. We posted our way of thinking!

    And to accomplish your way of thinking IV NEEDS DONATIONS. Not just for your smaller goals but for the overall good.



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  • seekerofpeace
    07-18 04:21 PM
    I have a question.
    If I485 is considered for adjudication only if the PD is current. Then why are we all filing in a hurry since everything will retrogressed by Aug 1st and the RD may take 1.5 to 3 months to come when surely everything will be retrogressed. Does that mean in that situation even EADs and APs will stop.

    My wife is on F1 and I am on EB2 (Jul 04), I am worried about her status. My lawyer said she can still continue as a student and that it is a grey area the school never comes to know that she is in transition...once she gets EAD ofcourse everything becomes fine.....But in the current situation that seems a distant possibility to get a RD let alone EADs. So should I just file for myself and let her stay as F1.




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  • learning01
    04-25 09:30 PM
    We are not changing laws, we are petitioning. We are educatiing the various sections of American society, lawmakers, fourth estate.
    We are asking for the rationale for collecting the Social Security Tax and Medicare, when you don't get its benefits. Pure and simple. You see, we are resident aliens NOT LPRs (Legal Permanent Residents a.k.a Green Card Holders).Benefits for which you are paying social security tax, you are not eligible while on H1. So, please don't use extreme words. When illegal aliens can demonstrate and influence law makers, what is wrong for legal aliends in writing to lawmakers, newspapers etc.
    If you are laid of, will you get unemployment benefits? Job retraining. No, You are out of status. So, is it incorrect to ask for this? I am not talking about Income Taxes. Go and look at my posts. I am a strong advocate of core IV goals.
    In this thread, instead of asking impractical PD dates, I suggested why don't we question the collection of SS and Medicare tax from H1 workers?
    This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.



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  • h1techSlave
    04-12 03:40 PM
    I have read online that S-corp is better than LLC. Is that true?

    Below is some info that I have collected:

    Anyone who is planning to do business within the State of Maryland, using a name other than their own personal name, must register with the state of Maryland (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html) ). If your business is a sole proprietorship, you do not need to register your business with the state.

    For help selecting a legal structure for your business, visit our Business Incorporation (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html)) guide.

    Your choices include sole proprietorship, partnership, corporation, "S" corporation or limited liability corporation (LLC). Personal liability, taxes, paperwork and regulations vary greatly among the different legal business structures. Your attorney and accountant will play a key role in assisting you in this important decision.

    C Corp will be double taxation. While S corp is not.
    The profit earned thru C Corp can be taken out by the owner of the company. But he has to pay 15% tax.

    What company to start - LLC (or) C- Corp. In our non-immigrant view, this is the difference - Under LLC, your company A's financial profit/loss etc will appear on your tax return. In other words, when you are out there at the consulate requesting a visa (or) for any other purpose and the officer asks for your tax return, there is a likelihood that the officer will ask you about all those financial records in the tax return.. and you will have to explain about your company which could lead to some other questions - what company and who are the employees etc etc ??

    Under C- corp - it is like investing in the stock market. It will show that you have invested in a company stock and that company has paid you dividends. Period. So personally i prefer C-corp... there will be less questions in the future. I donot know if i'am right or wrong. Professionals out there can correct me if i'am wrong.

    Now for the real differences - Under C-corp, you will be taxed twice - (ie) The company makes profit and there is a tax on that. Now the company divides the profit and gives it to its owners (you), and you get taxed for the dividends. bottomline - if C-corp, then it is like investing in the stock market.
    Under LLC - the company profit's trickle down to your profits and you pay taxes only once.




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  • wonderlust
    07-09 02:57 PM
    Hard copies of letters are more powerful than emails. Please continue writing letters because we need sustained efforts. Please also consider asking Ameirican Citizens to send letters from their perspective. See the letter template drafted by my American friends:
    __________________________________________________ ______________
    NAME AND TITLE OF THE GOVERNMENT OFFICIAL
    ADDRESS

    July 9 2007

    Dear (TITLE AND LAST NAME):

    I am a tax payer and resident of (YOUR STATE). I seek your help in the following matter:

    On June 13th, the U.S. Department of State online Visa Bulletin announced availability of a large number of immigration visa, which opens door for legal employment-based immigration applicants to submit their paperwork starting July 1st. On July 2nd, merely 2 weeks later, the Visa Bulletin published by the U.S. Department of State announced that �there will be no further authorizations in response to requests for Employment-based preference immigration application cases�. This drastic change is condemned by American Immigration Lawyers Association (AILA) as �Bait-and-Switch� policy which �slams the door� in the face of immigration applicants who are following the laws. New York Times called it �immigration malpractice�. This has been a waste of the government�s time and money.

    As an American Citizen and a tax-payer, I have worked and lived alongside with many legal immigrants and prospective legal immigrants. They actively contribute to the economy, education, technology, culture, and research in the U.S.

    They also respect and obey the laws, even though there are stringent scrutiny and limitation imposed. For example, they wait for years to complete the legal process, during that time, they cannot travel abroad without the serious risk of being denied re-entry. Having committed no crime, they have to notify the government every time they change their place of residence � something that, among American citizens, only convicted felons are required to do. They have spent hundreds, sometimes thousands, of dollars on government-mandated application fees and related costs. They have underwent inordinate amounts of stress making sure their applications were complete and properly filled out in every way, knowing that any error or omission, real or perceived, could get their application automatically rejected. Through it all, they had faith in the system of legal immigration. Now they are being penalized for following the law and for having faith in the system, because the federal government has dealt with them unjustly and deceptively. Such a way of dealing with prospective legal immigrants is sure to deter other highly skilled, intelligent people from wanting to live and work in the US, to the detriment of our country.

    I request that you investigate and work to improve the procedures for legal employment-based immigration. Specifically, I strongly urge you to support the highly skilled people who are seeking legal employment-based immigration because they are actively contributing and improving the (YOUR STATE) Community and the greater American Society.

    Sincerely,

    YOUR NAME AND TITLE
    COMPANY/ UNIVERSITY.
    __________________________________________
    Wonderlust
    PD 06/2006
    Member of IV since Feb 2007




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  • rp0lol
    07-11 11:59 AM
    I read this in another thread... May be USCIS wants to collect more money for EAD renewals by moving eb2 date and issuing 1yr approval.

    ===========================
    Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?

    Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.



    How will USCIS decide whether to issue an EAD valid for one or two years?

    USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant�s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant�s priority date is current.
    ==================




    immi_seeker
    12-15 02:20 PM
    Looks like he is behind in time :-)

    Michael chertoff is no more uscis boss. Its janet napolitano




    raysaikat
    01-08 05:33 PM
    and why, pray, does your esteemed school keep accepting students from these so called "sub-standard" colleges in india? i would say 5-7 years of observed emperical evidence calls for some substantial action on your and your school's part in black-listing these institutions........so, either:

    1. you are blowing smoke through eveyone's a** here or
    2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....

    P.S - i am not from one of these schools so no personal stake!

    For 2. However, it is not really about greed, but necessity.



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