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  • Thanks for your kind reply. Yes this income of 40K is after my employer deducts taxes via withholding everymonth from my salary.
    I am confused because I read that you have to declare any foreign accounts held. In my case I dont have any NRI account, I transferred the money to my parents account in India.
    I am not sure if I fall in the category where I have to declare all this. Thanks again for your help.





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  • Thank you for your advice. My last M.Sc. and Ph.D. is from the USA. My Ph.D. is about manufacturing of aircraft brakes with Honeywell.

    EB1-B or EB-2 is more suitable for me?
    what bothers me is that I am not cited in the literature yet and I do not have awards.
    Thanks,
    John

    Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.





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  • http://immigrationvoice.org/forum/showthread.php?t=24795

    I am in serious trouble, please read and comment if you can help.

    - Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
    - Spouse Application is approved in July 2008
    - Spouse changes employers after approval
    - In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
    - In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
    - In March 08 I get an email from USCIS stating my application is withdrawn.

    I obtained the notice of withdrawal and the notice says
    'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
    Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)

    what can we do.
    Is it possible to reinstate our case?
    Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?

    Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.



    Update: April 13,2009
    http://immigrationvoice.org/forum/showthread.php?t=24824

    The problem that IV member Drifter had with his I485 application has been fixed. IV had contacted USCIS and USCIS said that they will reinstate his case.





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  • Obama declines using administrative action to push immigration reform
    By Michael O'Brien

    Excerpt:
    President Obama suggested that he would not pursue reforms to the
    immigration system through regulations or other administrative policies.

    The president said it was important for immigration reform to go through
    Congress, lest opponents of comprehensive reform use regulations as a
    political opportunity.

    "You know, it is a very difficult thing to do administratively, and because
    we want comprehensive reform, and because we want the Dream Act, what we
    don't want to do is give an excuse to the opposition to say, 'Obama's trying
    to do an end-run around Congress,'" Obama
    said during an interview on Telemundo ....

    Obama has faced criticism from the Hispanic community for failing to follow
    through on his pledge to reform the immigration system. He told members of
    the Congressional Hispanic Caucus (CHC) last week, though, that he would not
    "walk away" from reform, and called on Republicans to join him in passing
    legislation.

    But Republicans in the Senate have appeared unwilling to find middle ground
    with the president over immigration. The Senate GOP has said it would oppose
    including the Dream Act, a piece of immigration legislation favored by many
    Democrats, in the Defense Authorization bill.

    "It appears we're not going to get this done before the election," Obama
    told Telemundo of the Dream Act. ...

    "We've got to build a consensus around this country," said the president. "I
    think we can."

    For the full article:
    Obama declines using administrative action to push immigration reform - The Hill's Blog Briefing Room (http://thehill.com/blogs/blog-briefing-room/news/120275-obama-declines-using)
    -administrative-action-to-reform-immigration





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  • Hello Gurus,

    My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
    1-Desi employer v/s corporate employer
    2-Dallas v/s New York

    Any comments from people who have faced similar situation will be highly appreciated.


    Thanks

    usually wage difference is not something on which your GC can be denied, but very large descripancy can raise questions.





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  • If you send photos for EAD(paper filed I765) no need to have FP taken.

    Only when you e-file I765, you will get a FP appointment.

    BTW, what purpose do the fingerprints do on an EAD?

    Your finger print will show on the EAD card





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  • Is the AP document mailed to the attorney or to the applicant?

    AP Docs are mailed to your attorney while EAD, I-485 cards are send to you .





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  • lol...nice one...You guys amuse me...:) In this time of "difficulty", its good to see all our fellow men and women in unity:)





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  • I have done FP on Sept 27th. no LUD so far. Same with my wife.





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  • krishnam70:

    I just saw your signature and it seems like you just received your GC. Congrats!!!
    I am sure you feel relieved.

    It sure feels good , however i am still waiting for our son's receipt for appl filed on july 2nd :confused: so life is in limbo until it comes.

    cheers





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  • Can somebody explain how unused visas are recaptured?
    Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?

    There is no clearcut guideline on how overflow is supposed to work. From people's experiences this is what USCIS has been doing:
    unused RoW EB-1 goes to RoW EB-2
    unused RoW eb-2 goes to RoW EB-3
    until the last quarter of the year unused RoW EB-3 stayed unused.
    In the last quarter, unused RoW EB-3 spill over into all other countries irrespective of whether the country has hit its cap or not. a complete free-for-all...





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  • You need to have your old I-140 approved to port PD to your new I-140. If the old 140 is not approved by the time you file you new 140...thats fine. At a later stage when your old 140 gets approved have your lawyer send a letter to the processing center with PD porting request for the new one. At that time your new 140 can be in processing stage.

    Hope this helps.

    My Old I-140 (EB2) from previous employer is already approved but i left that company and joined a new company. I checked status of my Old I-140 online till today it shows approved and i have the original copy of my Old approved I-140. So the question is do i need to send a letter for porting the date after new I-140 is approved or the letter can be sent along with the application for new I-140. OR file new I-140 and later on send a letter to port priority date.

    Second option that comes to my mind is, joining the previous employer again next year... but i am still thinking about that, i am already in my 5th year of H1b.


    Thanks.





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  • I got this Reply from Zoe Lofgren, offcourse this reply was in December 2006 when Republicans were controlling the Congress.

    Thank you for contacting me. I appreciate the time you took to explain the impact of the H-1B visa cap and the "green card" backlog on U.S. employers.

    I understand well that the success of U.S. companies depends on highly educated and talented U.S. citizens and foreign nationals.

    What we need is thoughtful reform that supports the American economy and allows American companies the benefit of the "best and brightest" from around the world.

    As you know, the Republicans now lead in the House of Representatives, Senate and White House. As such, Republicans control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should the Senate Judiciary Committee's H1-B proposal come before me in the House of Representatives, I will certainly consider your point of view.

    Again, thank you for contacting me. Please do not hesitate to contact me again if I can be of further assistance to you or your family.


    Sincerely

    Zoe Lofgren

    Member of Congress

    this person now heads some immigration committees and is now VERY influential. Plus her response is non-standard, and we should try to familiarize her with our "GC backlog" needs.





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  • nice find..Thanks for bumping..Can you bump "Announcing launch of Team IV" too please





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  • When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.

    I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.

    How many other people are as P-Oed as I am and is there a class action suit here?


    They are legally not irresponsible....They very well know what is going on....
    They are the ones who designed the whole doggone system....
    At the worst you can say that they are ethically wrong...

    They have no obligation to explain anything to you...
    In fact some would tell you to wait for two years to file for green card and they would be well within their rights...

    For a class action suit you need a credible argument.
    The way the law is structured...we do not have a very good argument..

    If you do find good argument let us know..I am sure there are members who would be interested...

    Also who exactly would you sue ?? People have tried suing USCIS already with not much of success...

    If you sue your employer..there goes your job...


    The best recourse we have at present is through legislative efforts...





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  • $200 till ddate for texas IV chapter advocacy days...





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  • hopefulgc, count me in. I am EB2 India with PD Oct 2004. But as I have mentioned before lots of my friends and family members are in EB3. You have my unconditional support.





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  • I got email today that EAD card production ordered.





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  • The Forums are not secure as they are watched by anti immigrant groups. Key communications like this can only be through state chapters as the membership to the state chapters are secure. Please contact a chapter that is nearest to you. If not PM me your phone number and contact info, I can pass it on to my state chapter (IV Tri-state) and have someone contact you with information.

    This drive is Key for our issues. We need to work on this and burn the phone lines. We are very close indeed.

    Please post it for other people who are not part of state chapter





    Friends,

    I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.

    To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.

    Moreover, it is a Loose-Loose situation for all the concerned parties.

    Here is how:

    1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:

    2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)

    3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.

    This whole exercise seems to be useless. :confused:

    The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.

    Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.

    One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???

    How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.

    Thoughts?





    As understand the process

    1) First one should change the employer with new job.
    2) Apply for new Labor (with EB2 requirements) -- PERM 3 months.
    3) Apply for new I-140 (use old I-485) -- PREMIUM 1 month.
    4) No need to apply for NEW I-485.

    Guys, this is the best option for EB3, use it.. with in 4 months you are current... let us port to EB2...no need to wait this VISA bulletin saga.

    If my EB3 140 is pending and if when I apply for EB2 140, I dont have the approval, can the interfile be done at the later date?

    I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?



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