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  • My employer has made me an account signatory in one of his other company(a sister company of my H1company), so i can take the money out for travel expenses. Is that going to create any problem? I have my regular pay check coming from my H1 company.

    I don't want to judge you; but...

    This is an example of how people are creating problems for themselves.

    Let me guess; you started a company and made it a layer between the h-1b company and your vendor. Your company receives the billings and you withhold xxx dollars so that your employer takes a % on less of a billing rate and then you take it out tax free from your company?

    This is one of the reasons why the anti immigrants and people against h-1b believe that wages are being driven down because of the games that people play.

    LCA says $60,000. Your billing rate is equal to something like $125K per year but you want to run salary at $60K and take out rest in per diems.

    Guess what; per diems and expense reimbursements for those working at staffing companies is not allowed within the law. The only reason your employers even pay you this is becasue if IRS asks they will just make it taxable to you.

    In the LCA's that the senators, anti h-1b people look at; it looks like you guys are really getting paid $60k for a position that normally gets paid $100K. Your package may actually be $100K but on paper it is $60k.

    If only people followed the law then there wouldn't be much argument at all that h-1b is driving down salaries.

    -----------------------------------------------------------

    To answer your question; Every time a person opens up an account; the information gets transmitted to Washington and checked against the anti money laundering database. There is now a record related to terrorism related activities. It appears that USCIS has access to it. Whether they analyze it correctly; ie; is it a brokerage account, personal account, company account, etc., I don't know. However, there has been some cases where the only way USCIS could have known about it would have been through the anit money laundering database. If they were able to capture it for a couple of people that I know of; then you can believe that they have it for everyone.

    Now; in my personal situation; it was part of my job to be the account signatory on mutual fund bank accounts. I was probably the signatory on 400 different companies but it didn't come up in any USCIS check. This was a long time ago before all these databases were synched up; so things may now have changed.





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  • Two days back I searched "Immigration Voice" and "immigrationvoice.org", it gave no results. As I posted in this thread (http://immigrationvoice.org/forum/showthread.php?p=9527#post9527) here on IV, I suggested that we should modify the meta tags of IV site and expose them to search engines.

    While I am awaiting those changes, I did the same search again at Google. The first 2 results are for immigrationvoice.org

    This is indeed a transformation.

    Search Google for Immigration Voice (http://www.google.com/search?sourceid=gmail&q=%22Immigration%20Voice%22)

    Search Google for immigrationvoice.org (http://www.google.com/search?hl=en&lr=&q=immigrationvoice.org&btnG=Search)

    Readers, click each of the above links and see the results for yourselves (and improve the search rank, by clicking)





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  • The back-ground checks are sub-sets of "pre-approval process". I don't know if the word "pre-approval process" is official terminology used by USCIS. What I am usually reading is "adjudication process".





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  • I just wanted update this thread with my experience. Could be helpful to people like me who searched many forums frantically. I have 10th year h1b extension valid upto 2010. Instead of going for stamping at US consulate in India, I decided to use advance parole. Most troubling thing about my history was that I had one dwi (Driving While Intoxicated with Alcohol) offense. It is not a deportable offense. However, I was concerned that it would show up at port of entry and they could ask me to go back for consulate processing. I kept all my case related court documents handy. This is very important for anyone travelling with dwi or other serious charges against them.

    Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.

    Hope this helps others.





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  • hey friends,
    I saw that Logiclife mentioned that the head will be from michigan. I am from michigan and a lot of my buddies also visit this site regularly. Let us know if we can make a difference. Please let us know what can we do to help our cause here. I am ready to drive, meet, talk to any one I can to push things here. I dont know how much of an impact that would be, but even a little can help.
    thanks
    Please pm me with any suggestions or ideas.


    Hello cagedcactus,

    Thank you for offering to actively participate and connect with key lawmakers in MI. As janilsal suggested, it would be a very good idea to start MI �State Chapter�. This would help your friends and other IV members in the State of Michigan to organize meetings with the key lawmakers. Here is the link to State chapters:

    http://immigrationvoice.org/forum/forumdisplay.php?f=17

    Also, please encourage your friends to register (in case they have not yet registered), and request them to invite their friends to IV. Here is a tool to send an invite to people who may not already know about IV.

    http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55

    This will help increase IV members in different states and would increase the constituents to educate and convince the lawmakers.

    Thanks,
    WaldenPond





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  • desi3933 is right.

    - While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
    - It does not matter if the person has other seemingly valid visa stamps on his/her passport.
    - The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
    - If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
    This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.

    - Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
    3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.

    Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html

    Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.

    - Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status

    This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).

    - If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.

    This is a SERIOUS matter requiring legal competent advice.
    email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.

    NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research

    SertaSheep -

    See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.

    The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.

    The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.

    Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.

    There are actions "missed" by Employers. But, that is beyond the scope of current discussion.

    I will be writing a detailed note on how to handle out of status issues.

    desi3933 at gmail.com

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002





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  • The AP is truly an amazing conundrum. I will try to clarify.

    1. When AP is filed, you need to be in the US. No if's and but's about that.
    2. If AP is used at the border for entry, it DOES NOT invalidate your H1. Only using EAD to switch jobs does that.
    3. Lets assume you have an AP valid till Jan 1. You apply for new AP on Oct 1. However, you need to travel on Dec 25. Now there are two scenarios:
    3a) you return on Dec 30 - you can use your old AP as it is still valid. The fact that you have applied for a new AP and left the country DOES NOT abandon your new AP because your old AP is still valid.
    3b) You return on Jan 3 - You need to have the new AP in hand.

    If there are any more questions on AP, please feel free to PM me :)

    Thanks

    Does that mean that wife can travel after applying for the new AP and then i will post her the renewed AP, which she can use to reenter say after the expiry date of the old one so in this case 3rd Jan ? Cause i had asked this question on this forum and i was informed that when she is travelling to India she must get the new AP approved, i cannot send it to her via mail





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  • Heights of stupidity





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  • So, if there are 400k pending applications and recapture can get us 215K, has anyone done some analysis on how the 215k will be divided among countries and categories?

    Will this make EB2I current and EB3 I beyond say 2005?





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  • Based on my reading I would like to provide few AP Renewal FACTS for the I-485 pending cases:

    1) You need to submit 2 recent photos.
    2) You do not need to submit $80 FP fee.
    3) As per the text, you do not need to provide the letter justifying your request for AP, but I think it would not harm giving one. The reason does not have to be an emergent situation, it could simply be "Family Visit".

    Please correct (or) add more.

    Editing on 06/25/2008 - Adding additional information (provided by one of the IV-members)

    Templete Cover Letter for AP
    http://immigrationvoice.org/forum/showpost.php?p=257924&postcount=20

    Some more clarifications
    http://immigrationvoice.org/forum/showthread.php?p=256903





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  • Hi:
    Lot of people get stuck in the name check in AOS, and many of them wait for at least 6 months. I am wondering if someone may get stuck in namcecheck and may have to wait for months in home country while doing cp?
    Thanks





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  • For someone from India EB3, this warning is useless. Dates have not progressed for 6 months...

    April 2001 to October 2006.....lets see... the wait is 4.5 years. Even Mexico which send several magnnitudes more immigrants to the US has now moved to May 2001.





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  • The pro immigration group wants these benefits given to illegals, Anti (any) immigration groups wants no immigration to begin with and want to curtail the current immigration options (H1B and GC for legals etc.) , therefore the compromise is that the pro illegal immigration group lets them cut the current LEGAL immigration channels and anti immigrants let the illegals get all these privileges.

    There is no one to argue our cause , there goes our fate :(





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  • I got my license renewed till 2013. No issues at all. I am on EAD.
    I love NY!





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  • These IV core people took it up and organized a real grassroot effort when no other h1b or former h1bs were able to or willing to get organized and fight together to alleviate our pain.

    The other day, reading posts/comments on WashingtonPosts by some former h1b holder against our cause really aggravated me.

    If you don't agree with IV approach, that's fine and just add your dissenting voice into this organization, and continue and add to a healthy discussion. Now that this legislation pass or fail is so imminent, can't we just focus on one thing at a time? Being a detractor is not of much help with the senate and hostile house considering major reform bill(s) within the month. Let's say AILA would be of great help and sorry IV failed to realize how important they were, it's all too late now, so let's focus on doing whatever at hand the IV has already organized and built a momentum for.

    Whatever the outcome, I'm happy some people organized this all. We'll fight on..





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  • The onus lies on you to do the needful not US Government or IV. I have known people who left their well established career to take care of their folks. You are looking for the solution to your problem on this message board, however you need not look this far. Enough said.

    Exactly! This person is making her parents go back and forth every six months, but wont consider moving back home and post such stupid questions and asks why don't create a new visa category?? Ask her if she will go meet lawmakers for this??





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  • And why do you think the White House was in touch with Immigration voice leaders and not with some corporate lawyers during the July 2nd fiasco if they did not recognize the strength and commitment of the skilled immigrant community and btw what makes you say 'july 2nd will never happen again.' what are you? God?
    I smell a closeted Anti Immigrant here.....

    you need to remember that you are not a us citizen and you have no rights, you're previleged to have a job here...you can campaign till the cows come home and you aren't going to get squat.
    july 2nd was a mistake that uscis had to rectify....there were a lot of companies who had spent the money in preparing I-485 applications and then uscis would have to face a class action lawsuit. july 2nd will never happen again.





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  • My wife applied for LC as Business Analyst with Bachelors and 5 years of Exp.

    My wife has done her Bachelors in Engineering from Bombay. She had more than 7 years of exp at the time of filing. The job required 5-7 years of exp with abachelors Degree.

    She applied to Atlanta center and it took around 5 months and no audits that we know of. thenshe applied for her I 140 which took around 3-4 months. There was an RFE for exp letters since the lawyers did not give it during her I 140 filing. After the lawyers responded to her RFE, her I 140 was approved in 15 days. Now she is waiting to apply for I485.

    I hope this gives u an idea that u can apply for EB2 as BA if the job requires Bachelors and 5-7 years of exp.

    Thanks for the info. Do you know which ONET occupational profile was used on the PERM application. The closest one I could find for "Business Analyst" was "13-1111.00 - Management Analysts" which has a JobZone of 4.

    http://online.onetcenter.org/link/summary/13-1111.00#JobZone





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  • FAQs for Dc advocacy days

    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1597944-advocacy-days-frequently-asked-questions.html#post1961366





    Looks like you are using online degree to support your case as well, that is why you are so pissed off. No matter how loud you shout or how many people you threaten about lawsuits and all that stuff, no one can deny the fact that an online degree does not have much of recognition.

    Say in clear and simple words -- are online degrees from University of North Dakota, University of Massachusetts, North Eastern University etc. legit ? Yes or No

    Your beating around the bush and twisting words just show you have no argument. Didn't your MBA teach you that there is something called logical argument? Or was your degree from the like of TVU ?

    It is only YOU who think that online degree does not have recognition . If you are yet to understand the power of Online educatoin you are probably living in stone age.


    BTW, I do not have a online degree (though I plan to go for an online MBA) but I am pissed off when I see some so called educated people are so eager to get a GC that they will probably kill others to make their way.





    There is a story: when seeing a bottle filled half with water, optimistic people would say it's "half full", pessimistic people would say it's "half empty". I think this problem is also just people's perspective. Retrogression is still there, it will not be any better or worse with/without the July event. Some people see that retrogression is still there so they are pessimistic, some people see that at least you get something from this even, so they are optimistic.
    I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!



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