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  • I now applied for EAD for my wife (not because she is going to work, just go get SSN). I do plan to get SSN for her and then file amended 2008 return. I wonder if I will get stimulas package then (the one which was given in 2008)?





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  • Useful info from Murthy.com

    If anyone faces similar situation they should try to withdraw to avoid 5 year ban
    The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
    �MurthyDotCom
    We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
    �MurthyDotCom
    We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.

    Things are getting worse in 2010... I hoped it would get better...





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  • There is no such thing as a cooperative employer in this economy. I will give you an example, recently in my wife's company they had advertised for a genuine job and on the first day they recieved 200 applications!!!!!!!!!!!!!!!!!!!!!!!!. The hr after one week has not been able to review just the first day responses. because of situation like this no company is willing to even file for eb3 labor leave alone eb2. Because they cannot justify a perm labor when they are recieving dozens if not hundreds of resumes. It is because of situations like this that labor department is becoming stricter and stricter by the day. The post below seems to suggest even if you get audited you will get approved in 1.5 to 2 years. In this environment where unemployment is rampant there is very little chance of success in getting perm approval even in eb3 so dont be under any illusion that no matter what perm would be approved. It will not be approved under current market conditions because of hundres of resumes to perm advertisemsnts. it is because of this reason that a vast majority of companies have decided not to sponsor green cards. there is no such thing as a "coperative employer" in this economic conditions. Companies are being forced to send employees away from US because there 6 years of h1 are comming to an end and they are not able to file green card in this economic conditions.

    OP - If you have a cooperative employer, I would say go for it. Given the rate at which EB2-I is progressing, you will get GC much sooner although the PERM process for EB2 may take a long time. Assuming you get an audit on your PERM, even if the entire process takes 1.5 years, you can get your 140 in PP and once your PD is ported, you are current. Even if the entire process takes 2 years (worst case), it's worth the effort. EB3-I will move at a very slow pace. As others suggested, you wont see significant movement till EB2-I is current.

    Financially, the porting would make a lot of sense too. Assuming a family of 2, you are spending close to $1000 (or even more) per year on the AP and EAD renewals, not to mention the employer's cost of renewing the H1. When you go to your HR for starting the EB2 process, you want to put it in terms of how it's financially viable for the company. When you do the math, it's a win win for both the employer and the employee in the long run if you get the GC earlier.

    I'd say go for it. Good luck!





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  • Hi Guys,

    I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.

    He ask me that what could be the best way to avoid this fees , some of the option that we thought about,

    1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?

    2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer

    3)If US client utilize remit2india, ICICI to transfer money which I highly doubt

    I appriciate your responce on this.

    #1 - he would not be able open the account here without SSN/EIN and need to pay the tax here if register his company here. Corporate tax rate is 35-39%

    he is better off with 4%





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  • Hi Experts,
    The question i've is:
    I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.

    Thanks,
    Abhi

    Did he also mention that to qualify for EB1 you have to be from Mars? :D





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  • I agree with sri1309. This would stop the bleeding of the economic crisis. Folks just wont stop by buying house alone, they all will be motivated to spend more money. guys, our folks most of them are well positioned with good paying jobs and pay and the only reason for not spending and not buy houses are because of the insecurity of the stay due to the h1b extension.
    We all to some extent know that this whole mess is due to the deregulation of the financial institiution and because of which high supply of houses ( SUPPLY and DEMAND. Now with the bailout government owns all these houses). By passing some legislation can control the deregulation but how do you sell the government owned houses quickly to the people? who will buy? Immigration is the best option. Here is my recommendation, regulate and tightenend the loans for the house constructing companies to control the supply side from the constructing compnay and issue green cards to all the legal immigrants to increase the demand side of the equation. Additionally bringing the ?? milliion illegal immigrants to legal will increase the tax revenue of the government. My 2cents says that whoever the next president, the comprehensive immigration reforms would be the best solutions for solving the current economic mess.





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  • My son was able to get in-state tuition at Arizona State University after we filed an appeal. The new rule allows those who have filed I-485 to get in-state tuition.

    http://students.asu.edu/files/Visa%20Types%20and%20Residency%20Eligibility.pdf





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  • Yes you are right cir (s2611) passed on May 25 2006, and the house sat on it for 4 months before it finally met its fate in September. That what I meant to say because Sensenbrener from the House Judiciary Committee was blocking it by holding hearings or something.

    In 2006 Senate had passed S2611 late may as I remember with a fair margin...





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  • Please someone who is net savvy or from the core team could you please create something like this: where we can track people's contribution.

    This is not so that people can finger point but so that people who have not paid are "tempted" and people who have made major contributions are recognized.

    Thanks





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  • I filed on July 2nd to NSC. The checks were cashed on 7th september after the case was transferred to CSC.





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  • Google for something called "Follow to Join", if you were single then why did you apply for 485? Atleast you could have withdrawn teh application if you had applied by mistake....

    But for follow to join i think there is a clause that the person should be married before 485 gets approved, meaning the primary applicant did not add spouse to 485 and his 485 gets approved or the wife does not have 485 approval then they can use follow to join.

    But do speak to an attorney if follow to join can be applicable in your case (i remember reading some 60 day limit or so) but please confirm and act accordingly.

    Otherwise only other option you have is to get married and bring your spouse on any other visa like h1b or so.

    Dontworry my friend speak to a good attorney they may advice what to do.

    Yes, Follow to Join applies only if married before I-485 approval. I am in the same boat, and stuck in EB3-I category.





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  • Sorry to hear about your case. Immediately call your Congressman's/Senator's immigration wing. They will help you. If not, try to call attorneys like Rajiv Khanna or Sheila Murthy or Shutterman. They will charge you for the call, but you may get some valuable ideas.

    Good luck. Hope it gets resolved soon.





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  • My wife and I filed AOS/EAD on July 3rd. USCIS has given us a notice date of Sep 7. I got my EAD on Sep 17th, but my wife's EAD status shows "Case pending." Anyone else whose EAD receipt date is 2 weeks old and still no EAD?





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  • Hello friends,

    Of late everybody is talking about bad economy. I mean its all over the TV and newspapers. Apparently we are in a recession since past one year (since Dec 2007).

    However, odd it may though sound, I don't see any real economic slowdown in IT sector. I mean all my friends and acquaintances in IT industry in the US and India are retaining their jobs. I recently talked to my IT recruiter and she told me that as far as she is concerned this year has been like any other years. Bit sluggish at the year end, but loads of requirements lined up for January next year.

    Am I the only one who is feeling this way, or others also sensing the same thing. Maybe the real jolts are still lying in the future, in the coming year. Or may be its just a hoax. I would love to know other people's observation on this strange anomaly between what is being reported in the media, and what is being observed on the ground.

    Sargon please update your profile with correct information instead of faking as EB1 from a ROW country stuck since 2003.





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  • I don't know much about Labor Subs to answer...what I did notice is that your lawyer is through company...not going to generalize, but with company lawyers you really should question them and not believe totally what they say....meaning do your own research too. Company lawyer's are interested in keeping employees longer at company and can sometimes push you to do things to cause that. I don't know why you can't have 2 I 140's. But withdrawing your first one would invalidate your 485/ead and depending on your priority date (which would be 2007/2008) and country of birth, you may not have a chance to apply for 485 for a long long time (meaning stuck in same job for long long time...). Again I don't know much about labor subs, my advice is to do your own reasearch, get answers, opinions, and not just take company's lawyers word on everything.





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  • This is encouraging. chandu, I read somewhere (mostly on murhty) that CIS will be publishing new AC21 soon and it is expected to be more stricter. Is this just the speculation or any other indications are received?? any idea? I am afraid that what will happen to people who already have used AC21 by following what currently exists???????

    Please post any link where it says it is stricter or any new stuff USCIS wants to implement





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  • whats going on today....all the law skirters are back...one is this thread the other is the labor substitution thread with 3 yr bachelor degrees....why dont u guys go back to immigration portal and get UN to help u with ur skirting the law issues





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  • Vayalar Ravi will know more about Indians in Gulf. He is form Kerala and his main focus is Indians in Gulf coutnries. While I dont mean say he is partial to them or any such thing, I think he will understan those issues better than ours.


    No harm in trying. Not sure if we will get anything out of it.
    It may be worthwhile to talk to an IAS officer accompnaying him rather than the minister himself.

    I agree .. this should be tried. I do not know heard about this minister before,
    my apologies but by title of Ministry he seems to be a appropriate to apprach
    for help.





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  • Hello all,
    this is related to getting SSN to H4 people. Now a days everything is getting linked to SSN. Credit Cards, Diver Licencse etc for example. ITIN is not being accepted now a days. Is this a new trend in US or something in place all the time? This makes the lives of H4 people even miserable. Is there any alternative to overcome this problem? Is getting H1 is the only solution for getting SSN?

    Please sugegst your comments.
    UK.





    Nikon was on the ropes the second they decided that they didn't need
    1) to update their DSLR's more then once every 3 years
    2) not to make their own chips but to outsource them from sony
    Its kinda sad that Nikon have to create FUD about their DSLR sales to create imaginary market share. I have it on good authority that their market share of the worldwide DSLR market is under 30%.
    The failure of the D2H to be even remotely competitive with the 1D Mk 11 even though both cameras had similar development cycles is simply a embarrassment.





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