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  • somegchuh
    10-19 12:44 PM
    Tell me about it. My wife didn't have a fancy law degree but she had a decent job before we got married and she came to US. She doesn't have any specific skills that will qualify her H1b but she has a MBA. So there isn't much she can do in terms of furthering her education. So she's been stuck at home for the last 4 years.

    I have been now for 7 years and still waiting... my wife who graudated law with top honors in a top university in india and was pracicing with a leading corporate law firm joined me in US and to make it good we spent around $65K on her law school graduation here and then another 15K on bar exams preparations for NY and CA. She managed to pull through all this. we decided to have a baby and take care of her wihtout day care the 1st 2years. now my wife sits home since she cannot file a H1 though there are willing employers becuase she has stayed here for 6 years on h4 and my llabor filed 2001 was still in BEC.... what can i do... i left a Director job in fortune 50 company and joined as consultant so that i can make use of a pre-approved labor, then another regression happend and i am still waiting to file 485. I just want to let my wife to work for a couple of year and make use of the effort she spent in her US law school and bar exams and want to return back to India.... but when can i get that 2 years.....





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  • belmontboy
    04-21 03:15 PM
    Whether we like it or not...this is a reality. I have had a neighbor where both the husband wife was working. They brought their parents every year... because it was cheaper than Day Care.

    But they didnt bother to drive Benz and BMW.

    True, have seen many folks do the same.
    Though their pride says no. Not sure what's so shameful in that :)





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  • thankgod
    06-03 12:16 PM
    snathan, dig up the history of these winers and lets see what they have accomplished or contributed to this world. Being the first would indicate that person (according to your definition of power) would be extrememly powerful, right? Now ask them to pen an essay on any issue and lets compare that to another class topper who just exels in creative thinking. Or lets just give these two candidates a project to work on and lets see who comes up with better ideas or greater problem solving skills. I personally know a kid who did not make it to the final round but just fell short (this year) and honestly I can tell you that the only skill (yes, the only skill) she has is this one. She is not involved in music lessons, does not participate in science olympiad, advance math or anything of that sort. Now I have to admit that this is the only one candidate I know personally for this year. Let me be honest from the depth of my heart that there is no issue of jealousiness or envy here. This is just a frank opinion and as we have already seen, there are an equal number of people who dont think this is a competition that is to be given the importance it is being given.


    Simple fact. I agree with you.





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  • rongha_2000
    03-18 04:08 PM
    :confused:I am in same situtation. I want to reenter on AP and continue on H1-B. Can I do that? My company says its their policy that once I use AP to enter I will have to switch from H1-B to EAD. I dont want to do that. Can I still continue on H1-B?

    I intend to travel to my home country I have H1 (not stamped but valid till 2010) working for the same sponsor if I use AP to enter US do I lose my H1 status.I have EAD but did not use it.



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  • hsingh82
    05-29 03:23 AM
    If America losses us, many of us are already planning to go back to India because of this GC process, they will also lose these kids who are bright future of America.





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  • terriblething
    06-12 10:38 AM
    Thanks for your advice, buddy.
    My attorney told me that DA offer is not negotiable if just from my attorney side. I knew they have not good relationship, probably they have too much un-happy fight experience before. As before my pre-trial conference, he mentioned she (DA) does not like him. :(
    So that day my attorney give me 2 choice, go Trial or accept offer, I select first one. We already set a trial date at July. We have problem on strategy I think.

    Yesterday, I have conference with my attorney, he told me he could try to get that offer back. I don't know if trial already set, I can still change idea??? My attorney suggest my wife mail that DA directly and tell her the truth and see if that can help reduce or dismiss the charge. Now we prepared on this.

    One more thing, my charge is level 1 misdemeanor, not felony. Is that same excuse for deportation right away? What BIA stands for?

    Thanks!!!!!!

    This is a serious matter. Make sure that you have an attorney that understands both the immigration and criminal consequences of this charge. From your description it sounds like your attorney is just a criminal attorney.

    NEVER NEVER plead guilty to this charge. Force your attorney to meet with the DA and try to get a Pre-trial diversion (in which you do not have to admit your guilt in any fashion, volunteer to do extra community service if the need be). The definition of "Aggravated Felony" is much more stricter than any state's version of Felony. On top of it all in the eyes of BIA judge this is a Domestic Battery (No matter what the state charge indicates), making you deportable right away.

    I don't want to scare you but whatever happens you should not plead guilty to this charge. If nothing works out you are better of taking you chances with the trial (Especially since your wife can back you on your story).

    I hope this helps... Get a competent lawyer who understands the gravity of the situation.



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  • logiclife
    01-26 03:57 PM
    Thanks to everyone who has contributed so far. You contribution not only helps the efforts, it is also an indication of the magnitude of the problem.

    Please remember to ask your other H1B friends to sign up and convince them to contribute. One person can only contribute so much but one can always ask co-workers and friends to sign up. Even those who are in their 2nd or 3rd year of H1 and have just started GC should be considered as people who will benefit from this effort. They may not realize it now, but sooner or later they would.

    Download the flyer from "Resources" menu and spend an afternoon outside local indian temple or indian grocery store. Ask people to take a copy and politely say "this is for information...I am not selling you anything" -- so that they dont discard it away and at least read it. Many of people either dont know about retrogression or dont know about immigration voice that is acting to curb retrogression and labor backlogs. Out of 500,000, if we can reach 10%, its still 50,000. With 50,000 members, the possibilites of what we can achieve is sending 10,000 volts thru my spine.

    GIDDY UP!!!!!!!!!!!!

    Thanks,
    Logiclife.





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  • mariner5555
    05-13 02:08 PM
    I fail to see what is unjust about this. They move unused numbers from EB1 to EB2 because it works this way.

    EB1 -> first level of preference
    EB2 -> second level of preference
    EB3 -> third level of preference

    Now are you saying they should skip level 2 and drop some unused numbers from 1 to 3 directly? Why? That would actually be unjust.

    To be fair, the US immigration system cannot be blamed because a lot of us desis have entered the queue.
    it depends on who is in which category ..I feel the above (1 -2 -3) is unjust ..not that I/we can influence how it flows. my view is that the category which is at the end should get more visas ...and I would support this even if things change tomorrow (EB3 current and EB2 severly retrogressed or EB-wwide - retrogressed ..not that it will ever happen !!)



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  • swaroopmukka
    07-19 01:09 PM
    As somebody said above, if we r getting married after Aug 17, and if we decide not to file my 485 now. My PD is May 2007 and my 140 would be approved before my H1B is expired for the second term, and if I didn't file my 485 by then, what kind of H1B extensions would I get ?? 1 year or 3 years.

    To be simple : PD May 2007
    140 approved by May 2010
    H1B expires Nov 2010.
    485 not filed.

    From Nov 2010, what kind of H1B extension I'd get (1 year or 3 years) ??


    Thanks





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  • ak_2006
    04-22 05:12 PM
    I donated $25 on Friday. How do I become a donor? I sent email to info@immigrationvoice.org but no response yet

    You can see Donate button on menu (TOP) while you are on this thread. Click it and it will guide you. Or you can click this link DONATE (http://immigrationvoice.org/forum/misc.php?do=donate).



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  • lord_labaku
    06-09 07:32 PM
    One of my co-workers started me with a gun range membership...you can even find ones that dont require membership...just show ur drivers license and rent guns from the range & dont worry about carry permits...etc etc

    Its the best way to enjoy shooting & the less expensive way too. Ever since Obama was gonna be in power...firearms & ammo prices have been going up.

    But .22LR (best caliber for beginners) is still the cheapest...

    - If you outlaw guns, only outlaws will carry guns-





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  • chanduv23
    10-10 05:30 PM
    Only if you bring yours along... :D

    If my parents start now, they go to consulate for high emergency appointment tomorrow get stamp and Start tomorrow night, they will land just in time and I will bring them from the airport, once the get together is over, I will send them back. is that OK? so they will come :D:D:D:D:D



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  • vxg
    02-20 03:48 PM
    Guys, i have got very good rates from New York Life thru IEEE. Try them.





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  • LC2002
    09-06 11:15 AM
    It's just bad luck to get that kind of CBP officer. It's upto you to ignore this or escalate it. In my opinion behaviour of CBP officer was wrong.
    If you want, You can write letter to Commisioner of CBP about the incidence, following is the address :
    http://www.cbp.gov/xp/cgov/toolbox/contacts/headquarters.xml

    This happened in DC's large Dulles Intl airport.



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  • chi_shark
    10-02 12:01 PM
    i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...

    I want to become a believer in your 3.a. statement... please let me know what you think.

    From what I can gather, from the immigration perspective:

    1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

    2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

    3. If you are on EAD -
    a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
    b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)

    Thoughts?





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  • jsb
    01-13 03:10 PM
    Eb2 have never moved beyond may 2004.. so until it goes past that.. these movements are not really worth anything.. it has to overcome that resistance.. then maybe 2005 will be a reality

    ..

    EB2-I did move to August 2006 only a few months ago, clearing some people way down in PD, but people senior in PD keep waiting.



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  • desi3933
    06-24 10:29 PM
    desi3933,

    May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?

    the following are desi3933's comments:
    - sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
    - desi3933: 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.

    Yes, there is a distinction between if the I-94 date has expired, or if it is valid

    Sertasheep -

    Here is a link that has details about both both Out of Status and Unlawful Presence. Please note that 3/10 year ban applies only for Unlawful Presence case only.

    http://www.immigrationlinks.com/news/news729.htm

    As per memo -
    Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:
    * when the date on the I-94 (or any extension) has passed, or
    * if INS or an IJ makes a finding of a status violation, whichever comes first.



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

    desi3933 at gmail.com





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  • engineer
    02-28 07:07 PM
    Works Cited

    Arshad, Mehreen. Personal Interview. 2 May 2006.
    "Great Teachers Make Great Public Schools." National Education Association. 06 May 2006 <http://www.nea.org/teacherday/want2teach.html>.
    Murthy, Sheela. "Bill Gates Says End H1B Cap." MurthyDotCom. 29 April. 2006
    < http://www.murthy.com/news/n_bilgat.html>.
    Rosseter, Robert. "Nursing Shortage." American Association of Colleges of Nursing
    October 2005. 5 May 2006 <http://www.acn.nche.edu/Media/FactSheets/Nur
    singShortage.htm>.
    Shah, Shivali. "What is NADISA?" Network of Advocated of Dependent Spouses of America. 14 April 2006 < http://www.hvisasurvey.org/what_is_nadisa.htm>.
    Shah, Shivali. "VAWA 2005 Provision Will Assist Thousands of Battered Immigrant
    Women Married to Temporary Visa Holders." Network of Advocated of Dependent Spouses of America 5 Feb 2006. 4 May 2006 <http://hvisa
    survey.org/VAWA_PressRelease1.htm>.
    "Temporary Workers". U.S. Department of of State. 10April.2006 <http:/travel. state.gov/visa/temp/types/types_1271.html>.





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  • raju123
    04-09 02:04 PM
    How many people are ready to appear to media with statement
    "Yes, we are tired with endless wait of employment based green card and going back to back home"


    I'd say, we've waited enough(6-12 years). I know we are all chasing the american dream (perhaps it is just a dream), we should just make peace and move back. Thank you congress, america for giving ppl (from so called 3rd world nations) like us the chance to come and serve this great nation.

    mind you.. dont forget to take back your $$$





    dilbert_cal
    04-06 05:25 PM
    I do appreciate your detailed reply - especially on these forums where civilized discussion is a thing of the past.

    My apologies for nitpicking on the DONOR definition and Congratulations on the new management philosophy you are going with. I hope you succeed in your endeavour.

    Still I've some open issues. If you look at the poll, there isnt a single person who voted NO. We should expect to see a healthy mix of Yes,No and Dont Care. But the way the poll has been put and partly the wording, partly the current IV environment, people are sceptical of putting their real thoughts publicly. This excercise is futile if you have minimal 'NO's --- hope you are getting my point here. The only thing you might end up with is x number of YES and hope to translate the YES into more dollar value for IV and there will be some YES who are already contributing monetarily.

    You are right in saying that we need to increase dollar contributions but tying it to frequent updates is not a practical thing. There are reasons IV Core cannot share their strategical plans with the masses and this is true in most places. By saying donate more and get more updates, we are setting us up for failures esp. if we expect 'real' updates. Even in an ideal situation, you will not have real changes every week and certainly not regularly.

    And once again thanks for the healthy discussion.

    All those who have voted - thanks for your response so far and agree with the sentiments expressed. For those who have not voted yet, please take the time to log in and vote - YOUR OPINION COUNTS!
    ...
    All I am really advocating is more transparency ...which should lead to more involvement as well. Thanks for your time.





    unitednations
    03-19 11:21 PM
    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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