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  • ski_dude12
    12-02 01:10 AM
    This is after the dates were pushed back to 2003. There was no movement for a few months. Hopefully they are starting to process the apps in order now.

    Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.





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  • mnkaushik
    03-12 08:01 AM
    As far as I know, one is only required to file taxes on foreign accounts if they have $10000 or more in their accounts at any time during the financial year. Please correct me if I am wrong. Also, check: Report of Foreign Bank and Financial Accounts (FBAR) (http://www.irs.gov/businesses/small/article/0,,id=148849,00.html)

    One is supposed report tax even if they make a dollar but they dont need to fill out the FBAR form if the value of all accounts put together is less than 10K.

    Even i started including it my tax last year and did my FBAR form. NRE account will not be TDS only NRO accounts have TDS. Infact, you dont have to pay IT in India for NRE accounts. Thats the reason people from Middle East put their money in NRE accounts.

    For 200$ they will not come after you. It is small pickings. I think you should include while filing your taxes and depending upon how much you have in the accounts you may or may not file FBAR. Remember it is all your accounts that inlcudes any savings account, mutual fund accounts, post office etc. If you have paid any tax in India then you could potentially show that in your US tax and get credit for that. I personally have not done it because my income is less than the initial tax slab in india.





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  • pappu
    04-10 11:55 AM
    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.





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  • kartikiran
    08-17 07:08 PM
    gimme_GC2006,

    I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.

    so nothing to fear.
    what was secondary interview like?



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  • CRAZYMONK
    07-20 02:47 PM
    ofcourse you can renew your H1B using your pending I485 and you should get 3 years extension. There should not be any problem.

    I don't think your revoked I140 will pose any problems as your MTR is accepted.

    Filing your H1b and what documents to be included will be taken care by your attorney.

    I think you should be OK. Any way all the best





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  • haveaquestion
    03-06 01:07 AM
    Hi I'm currently working as a strategist in an ad agency on OPT, which expires in June this year. My H1B application was denied because my major in college was French and the lawyer obviously wasn't able to establish the connection between my major and my work (although in my defense, my college was a liberal arts college, there weren't any specialized majors such as advertising, communications, etc. It's all about cultivating critical thinking, analytical skills, communication skill, which are all essential to working in advertising). So my question is, if in the future I want to come back to the US on an H1B visa, would that be possible? Is this issue with my major going to haunt me for at least 12 years (as in 3 years of working experience equal 1 year of college education)? Given that I do want to stay in the advertising industry, what are my options to solve this issue? Would getting an MBA with a marketing focus solve this?

    PS: I understand another way to come back to the US by employment is via L1 visa. However, the prerequisite would be that I was already working in that company's overseas office, correct? So, if I received an offer from a company in the US without having worked in one of its overseas branch, I would still have to apply an H1B, correct?

    Thank you very much!



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  • admin
    01-29 11:50 AM
    Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".

    Here is an excerpt of his analysis from http://www.immigration-law.com/


    The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.

    From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.

    The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.

    It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.





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  • pappu
    02-09 01:39 PM
    Call up AILA and ask them what are your options. Do not tell them the lawyer name yet.

    Contact the state bar of this lawyer. Each lawyer is licensed to practice in his state. call them up and ask for your options.

    pls post your answers on this thread so that everyone can know how to deal with such lawyers and what rights (clients) have.



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  • Curious_Techie
    08-07 05:53 PM
    I came back on Sunday after landing with a expired visa but valid H1B till 2010
    My family had valid visa till sept 07





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  • JunRN
    08-18 01:28 PM
    Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.



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  • agiyer
    02-06 07:49 PM
    Thanks for the replies....Working voluntarily, does it mean that you need to work only in Non-Profit Orgs? in my case, I was wondering whether it is legal to work voluntarily when in an H4 visa for a Private Audit Firm and you audit their customers but do not take any pay of any kind from anybody till you get your H1-B in Oct?





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  • vnsriv
    08-31 12:58 PM
    http://immigrationvoice.org/forum/showthread.php?t=5706&page=2



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  • pappu
    07-22 08:50 AM
    And on the top of that giving red flags.

    One person already decided to be away from such "GUNDA RAJ". I'll also abstain for couple of weeks

    Hope admins are competent enough to notice it.

    I did not see any such threads. Please point me to it.

    This is a problem. When we try to keep the forums clean, people complain and talk about 'freedom of speech' and that moderators act like dictators. They go and talk rubbish about IV elsewhere.

    When we are flexible and allow people to express, people start complaining about abusive comments and posts.

    One anonymous user commenting against other anonymous user is hardly of any consequence. To come to IV or not come to IV is your decision. Remember IV is not about forum or red dots or green dots. It is a platform for everyone to meet and work towards fixing the system. If a person is committed to the cause, he would not be bothered by any distraction.





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  • gc28262
    07-28 01:48 PM
    Judge blocks parts of Arizona immigration law - Yahoo! News (http://news.yahoo.com/s/ap/us_arizona_immigration;_ylt=AgcIIY.ht_GJNzOqM3G8sH 6s0NUE;_ylu=X3oDMTNta2N1b3FnBGFzc2V0A2FwLzIwMTAwNz I4L3VzX2FyaXpvbmFfaW1taWdyYXRpb24EY2NvZGUDbW9zdHBv cHVsYXIEY3BvcwMyBHBvcwM3BHB0A2hvbWVfY29rZQRzZWMDeW 5fdG9wX3N0b3J5BHNsawNqdWRnZWJsb2Nrc3A-)

    PHOENIX – A federal judge dealt a serious rebuke to Arizona's immigration law on Wednesday when she put most of the crackdown on hold just hours before it was to take effect.

    The ruling by U.S. District Judge Susan Bolton sets up a lengthy legal battle as Arizona fights to enact the nation's toughest-in-the-nation law. Republican Gov. Jan Brewer said the state likely appeal the ruling and seek to get the judge's order overturned.

    But for now, opponents of the law have prevailed: The provisions that angered opponents will not take effect, including sections that required officers to check a person's immigration status while enforcing other laws.
    The judge also delayed parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places — a move aimed at day laborers. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.

    "Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked," Bolton, a Clinton appointee, said in her decision.

    She said the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m. Thursday.
    The law was signed by Brewer in April and immediately revived the national debate on immigration, making it a hot-button issue in the midterm elections. The law has inspired similar law elsewhere, prompted a boycott against the state and led an unknown number of illegal immigrants to leave the state.

    Lawyers for the state contend the law was a constitutionally sound attempt by Arizona to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants. Arizona is the busiest gateway into the country for illegal immigrants, and the border is awash in drugs and smugglers that the state badly wants to stop.

    "It's a temporary bump in the road, we will move forward, and I'm sure that after consultation with our counsel we will appeal," Brewer told the Associated Press. "The bottom line is we've known all along that it is The responsibility of the feds and they haven't done their job so we were going to help them do that."
    The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters were planning large demonstrations against the measure. At least one group planned to block access to federal offices, daring officers to ask them about their immigration status.

    In a sign of the international interest in the law, about 100 protesters in Mexico City who had gathered in front of the U.S. Embassy broke into cheers when speakers told them about the federal judge's ruling. The demonstrators had been monitoring the news on a laptop computer on the stage.

    The crowed clapped and started chanting, "Migrants, hang on, the people are rising up!"
    Gisela and Eduardo Diaz went to the Mexican consulate in Phoenix on Wednesday seeking advice because they were worried about what would happen to their 3-year-old granddaughter if they were pulled over by police and taken to a detention center.
    "I knew the judge would say that part of the law was just not right," said Diaz, a 50-year-old from Mexico City who came to Arizona on a since-expired tourist visa in 1989. "It's the part we were worried about. This is a big relief for us."
    Opponents argued the law would lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer had asked the judge for an injunction to prevent the law from being enforced.
    "There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law)," Bolton ruled. She added that a requirement of the law that police determine the immigration status of all arrested people will prompt legal immigrants to be "swept up by this requirement."
    Federal authorities who are trying to overturn the law have argued that letting the Arizona law stand would create a patchwork of immigration laws nationwide that would needlessly complicate the foreign relations of the United States. Federal lawyers said the law is disrupting U.S. relations with Mexico and other countries and would burden the agency that responds to immigration-status inquiries.

    Bolton noted that the expected increase in immigration checks from Arizona will divert federal resources away from other priorities and said the federal government has shown that it's likely to succeed on its claim that such mandatory checks under the Arizona law would be trumped by federal law.

    Responding to the ruling, Justice Department spokeswoman Hannah August said that the agency understands the frustration of Arizona residents with the immigration system. She added that a wide range of state and local policies would seriously disrupt federal immigration enforcement.
    Brewer's lawyers said Arizona shouldn't have to suffer from America's broken immigration system when it has 15,000 police officers who can arrest illegal immigrants.

    Brewer is running for another term in November and has seen her political fortunes rise because of the law's popularity among conservatives. It's not yet clear how the ruling will affect her campaign, but her opponent was quick to pounce.
    "Jan Brewer played politics with immigration, and she lost," Arizona Attorney General Terry Goddard, a Democrat. "It is time to look beyond election year grandstanding and begin to repair the damage to Arizona's image and economy."
    Republican Rep. John Kavanagh, one of the law's top supporters, said he was disappointed by the ruling and that he expects it to ultimately end up being decided by the U.S. Supreme Court.
    "I don't think the judge's statements in the hearings justify this ruling," Kavanagh said. "I don't think the law justified her injunction."



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  • vikaschowdhry
    06-03 07:02 AM
    Regarding Visa Camp, Chicago consulate's website says:
    Applications from only US Passport holders will be accepted at the Visa Camps. No other consular service except visa will be provided at the Visa Camps.

    Of course, if they have incomplete information on their website - this might be untrue and they might allow renewal of passports as well.

    In any case, it seems to me that the expiration date on the passport should not be a huge concern for getting the H1B approved.





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  • rajuseattle
    08-14 12:41 PM
    smartboy75,

    We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.

    My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.

    Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.

    This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.

    I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.

    rajuseattle.



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  • desi3933
    02-23 03:23 PM
    If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.


    This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.


    _________________
    Not a legal advice





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  • njboy
    07-24 05:11 PM
    skil bill might turn out into pulp fiction..just like CIR did. If the ability to file for 485 when visa numbers are retrogressed is attained..then, thats awesome..but all Im saying is..given the fact that we havent had any favorable legislation ..atleast if we get portability when our labor/140 is pending and dont have to fear losing our priority dates..that will be a good start. Companys may not want us to have portability, infact I know many company that werent too happy with the AC-21 because it reduced the amount of time they could fleece the consultant, but I am saying this will be good for us





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  • alterego
    05-28 09:49 AM
    As a quadruple renewer, let me share with you that the date on the EAD is from the point at which it is approved. You lose some time each year. Between myself and my wife we have had 8 and it has been the same each time.





    ilamurughu
    06-20 10:46 AM
    Hello -

    I sent an email long back on joining OK State chapter and still awaiting reply.
    Hoping that OK chapter is active.

    I am in Moore, OK and looking for updated information posted by Pappu.

    My case details :

    EB3 with PD Oct 2003.
    I-140 : Approved.
    485 - Applied July 2007.
    EAD/AP - Awaiting receipt for renewal.





    anjalihi
    04-12 07:57 AM
    I had started my GC process just a couple months before my 6th yr began. But I was able to complete the requirements for PERM and apply for my Labor Cert only after my 6th yr started. I was 45 days short of 365 days requirement. But I was able to recapture all my time that I had spent outside of US on vacations in last 5 yrs and make up for the 45 days shortage.

    Do keep in mind that completing the requirements for PERM itself easily takes up 2 months + time for all the initial paper work.

    For your situation, you are already 4-5 months into your 6th yr.... thats going to be very tough.