Friday, June 17, 2011

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  • sweet23guyin
    11-29 11:47 PM
    Myself (primary applicant) and my spouse are on h1 with EADs. If spouse starts a company(issue checks and do all admin work) and still maintain her h1 with old employer, will it invalidate her h1 just because she used EAD? Reason for asking is if some thing goes wrong with 485, can she fall back on h1?

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  • Beta_mle
    06-10 07:19 AM
    The dates had approached within two months of my priority date then BAM! Unavailable. What a disappointment. This system is just so arbitrary and capricious. Makes no sense. But then maybe it does, I'm still here, working.

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  • amits
    07-20 07:01 AM
    We're lucky that IV leadership is so devoted to 'our' cause. There would be very few individuals in this world, who can even think of selling their house for benefit of a group. Hats off to Aman!!! You're a hero, sir!!!

    Now here is our leader selling his personal house for a collective good, and here we are.... a group of 21000 and not more than 2000 (optimistic figure) are contributors... A big shame!!

    Those who got benefited by selfless efforts of Aman, and core team, but still did not contribute ... do you have any explanation for 'yourself'?

    It's not about $10, 20, 50, 100 .... A person is ready to sell his house for your cause and you can't even make a small contribution in your own cause.

    Those who are not contributing, and some who still have doubts, just read numerous media reports of praise of IV and how IV was instrumental in the outcome of July 2nd visa mess. And then..

    Just stand up in front of a mirror and ask yourself - is your inaction justified? Is it your pocket that does not allow you to contribute or it's just moral poverty that doesn't let you do it? Is it justified to just 'wait and watch' how others fight for you, and when it comes to reaping the fruits.. you'll run to be first in line.

    Is it not the time that you come out, listen to your antar-atma (inner soul) and contribute something for your own fight....?

    Contributed $550, includes $50 recurring from july 2007.
    Pledged $100 for reimbursing money to Aman and Core Team.

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  • gcisadawg
    02-09 10:05 AM
    This, effectively, means that if the girl stops earning for any reason such as pregnancy or is unable to earn, she immediately forfeits the right to send money to her parents. This is the most illogical statement I have ever heard.
    And it also means that for any reason, if a girl remains a house wife, she has no right to send any money to the parents like you, as the earning member, do.
    This is the very strange attitude that may get a marriage in trouble.

    Did I even say husband shouldn't send money to his parents from his earnings?
    But shouldn't that be also need-based? How come it is the right of the husband to send any amount of money he wants to his parents without the wife complaining and how come it becomes a case of "taking for granted" when a non-earning wife wants to send money to her folks in need? This is a hypothetical situation and nothing to do with OP's case.

    And then how is it we, husbands, are the first ones to start complaining when our wives don't get a share of our in-laws property following their demise?

    And tell me then, following a divorce why are there laws which require you to split your net worth evenly with your non-working ex-wife? Is that acceptable to you then or you want to put forth an argument that "hey, we don't have a child and she is no longer my wife and so I am not obligated to give her a dime"

    My stand is based on the premise that a man is financially responsible for his wife and his kids and not to wife's parents! The point I was making is about a completely non working spouse. It is not about a wife that leaves workforce for medical reason temporarily.
    Let us not confuse the responsibility towards a man's wife and kids with that of in-laws!
    Using the same token, a man shouldn't expect/demand any property/cash from in-laws!
    I'm perfectly OK with humanitarian and need based help. What crosses the line, according to me, is that 'taking for granted' attitude!

    If the brother in OP's story is taking care of his parents, then this situation wouldn't have occurred. Look at it other way. If the man's parents are in need of money, it is better to ask the man instead of their son-in-law!

    A man taking a stand and be done with it has a better chance of saving a marriage than a man caving to the demand and building resentment. Hey, if a man is willing to please his in-laws in all possible ways, then who are we to stop him! Let him enjoy!!


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  • yabadaba
    01-02 11:48 AM
    looks like some other orgs are referencing my oped for general information purposes

    "This article was originally published by the sources above and is copyrighted by the sources above. We offer it here as an educational tool to increase understanding of global economics and social justice issues. We believe this is 'fair use' of copyrighted material as provided for in section 107 of the US Copyright Law. AMERICAS.ORG is a nonprofit Web site with the goal of educating and informing."

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  • Humhongekamyab
    06-11 11:45 AM
    In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.

    I agree. I think we can use this statement to show our plight to the media/congress. A doctor, engineer, lawyer, scientist, etc from Chindia have to wait for decades to get a green card (that too under EB-2 category). If we use this properly we might have some legislative change even in the absence of CIR.

    Also, I read somewhere that Janet Napolitano recently signed something which granted deferred action for two years to widows and widowers of U.S. citizens-as well as thier unmarried children under 18 years old-who reside in the US and who were married for less than two years prior to their spouse's death.

    I am sure something like this can also be done for us who have been waiting for years for our GC's.


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  • mbawa2574
    07-06 02:25 AM
    what is "something" you want to do?

    wwbd? what would bawa do?

    U need to change ur handle :-)

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  • gk_2000
    08-23 10:12 PM
    Send your recommendations to USCIS/DOL and your certification about bsc and bcom. Also enlighten us with your larger perspective of how this multinational executive making 32K per annum adding more jobs/potential to the economy.

    I have nothing to recommend to them as things are fine as they are. And there will be no recommendation coming from me to close any door at all, whether it be for EB2 or anyone else.
    You can go ahead and recommend against EB3 BSc BCom losers, as it is your business

    To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it


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  • rongha_2000
    04-30 03:44 PM
    This was a good one..!! what was the response?

    Nice point - he is asking for suggestions to improve the process (making things quicker) ... any suggestions at all !!!!

    Joke joke... the reply was it will take some time to get back to you on that ... questioner asked - is it going to take as long as it takes to get a visa or faster???

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  • spbpsg
    05-02 10:05 AM
    Today I see $1200/- deposited by IRS in my checking account. It is stimulas package for me and my spouse (both with SSN) but no package for my son who still has TIN.


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  • dwhuser
    02-23 10:45 AM
    Me too. Actually , when the movement is not systematic and the gates are wide open, then they randomly pick up the cases and approve whatever file comes to them. The ones with older PDs suffer a lot while the ones with new ones get their GCs.

    I totally hear ya.....

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  • MCQ
    09-01 09:03 AM
    Landed H1-B in March 1999 - Company A
    H1-B transfer to Company B July 2000
    Labour Applied April 2001 - Company B
    I-485 Applied June 2002 - Company B
    AC21 invoked February 2003 - Company C
    GC Approved (after 2 RFE) November 2004 - Company C
    N-400 Applied August 2009 - Company C (although that doesn't matter when you put in N400)
    N-400 Approved & Sworn in as USC December 2009



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  • chanduv23
    11-14 05:35 PM
    It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.

    RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.

    It's confusing indeed.

    My blog is based on RK's opinion. But we need some research and we also need clarification from USCIS.

    If AOS is denied erroniously, one MUST be allowed to work - because it is not our fault.

    Personallyif I can't work because it is not my fault, I am in trouble because I have a family to manage and a small kid to take care of.

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  • chanduv23
    10-21 03:08 PM
    Though the denial of this MTR is against the law by USCIS, one must consider following.

    AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.

    I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.


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  • bsbawa10
    09-11 08:48 PM
    Dear Freinds,
    USCIS has proven again that they cannot calculate or count. Don't you think they should be presented with this calculator to help them calculate.
    Also DOS has a knack for turning back the clock, don't you think they are in need of this clock.

    What is your opinion?

    My opinion is that USCIS does not deserve flowers or calculators. I am in a big favour of sending letters to them and to congress men with some information about what USCIS has been doing. I am also in favour of sending some pamphlets. I have already prepared some. Please see.

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  • NolaIndian32
    03-12 01:42 PM
    I fully support a donor-based forum too. I support the concept as put forth by IV Core.

    Reddog, if information if free elsewhere, why are you still here at IV? If you are so unhappy with IV, why don't you find another forum where you CAN be happy?

    It is very easy to contradict or find errors.

    No body is getting paid here to have a tester test it.

    Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.


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  • yogkc
    11-10 12:55 PM
    Jimi thanks for taking the lead.

    Count me as well. I live in LA County - San Fernando Valley

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  • sukhwinderd
    03-10 08:54 AM
    i have friends who had issues with suntrust, boa etc. but they gave references of people who were approved from the same banks while on adjustment of status and they were finally approved. my loan is with Amtrust and did not have any issues, i am on EAD, no H1.

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  • singhsa3
    09-11 04:53 PM
    I just got red dot from someone. My freind why not you reveal yourself . I am just suggesting some ideas, if you don't like it please have courage to discuss in open.

    07-06 09:33 AM
    Why does the line on top of this page say

    Goal amount for this month: 10000 USD, Received: 0 USD (0%)

    I guess, last month is about $2500, and previous month is less than $2K.

    Any plans in your mind how to get every member pay $1 every month?

    I gave my opinion on this in past. As we are dealing "very intelligent" community, need straight forward agenda to collect donation. Vague ideas don't work for collecting donation in our community. Pappu took a nice initiative and published 5 high level agenda items. Lets analyze how much money each agenda will need and we can move forward from there.

    11-20 10:22 PM
    I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!

    I think you are wrong ( I just think)

    H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.

    So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.

    This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...

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