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  • uma001
    12-21 04:21 PM
    This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.

    :mad::mad::mad::mad::mad::mad::mad::mad:

    Thats for those who are still in US. You have been put of US and reentered , so dont worry...Chill out





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  • vparam
    10-29 12:27 PM
    Not wrong in hoping right :-)





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  • alex99
    04-10 10:35 AM
    please participate





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  • pappu
    01-10 11:59 PM
    Thank you again perm2gc for helping with this effort.



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  • Jaime
    09-13 12:03 PM
    I think this is very important, I asked in the past about it but I got no answer.
    It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?

    We need to do this! Any ideas on how to reimburse him? How much would it be? You can PM Core and ask!





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  • minimalist
    09-10 03:08 PM
    So there you have it - no vote on the bill today...


    I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.

    We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
    Is the bill tabled or something?



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  • nosightofgc
    08-10 02:06 PM
    Now a days we are seeing more threads related to spill over allocation interpretation etc, but I have not seen any single post by IV Core about this. I am from EB3 community and share the frustration among others.

    I see a lot of people suggesting to port from EB3 to EB2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.





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  • desi3933
    01-31 06:00 PM
    desi3933,

    Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:

    From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
    There is nothing like out of status thing from the time we apply for 485.

    But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.

    My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
    Will the W2 be sufficient or do we have to show our monthly pay stubs.
    You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?

    I would highly appreciate response.Thank you.

    >> how do we know what our H1 LCA amount is?
    Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • Macaca
    01-18 10:56 AM
    BY THE END OF THE YEAR I WOULD HAVE CONTRIBUTED AROUND $2700 TO IV

    Shame on you if a member plans to contribute $2700 and you have contributed less then 10% (= $270). You are benefiting equally.





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  • Macaca
    09-26 12:38 PM
    Don't Drag India into everything!

    Please, Have an open mind. Don't make statements like this.

    IV has people from across the globe and each country has its own issues. We are trying to deal with the issues in the US and lets focus on that and not drag in other countries as examples (good or bad).

    Thanks for saying it. Please do not hesitate to say it again and again and again ..., for

    To sin by silence
    when they should protest
    makes cowards of men
    Abraham Lincoln



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  • Jaime
    09-11 07:54 PM
    The Govenors are on our side! There's thousands of us with may reasons why to attend, but here's a very important one:

    This is for YOU! Only for YOU! YOU deserve this! That's why we want to see YOU in Washington! Help yourself!!! YOU have earned the right!!!!





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  • amitjoey
    01-18 01:10 PM
    we now have 110 members signed up for monthly contributions. Thanks to all those that signed up.

    Thanks 890 MORE MEMBERS NEEDED.



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  • psaxena
    11-17 06:25 PM
    And you are a perfect desi... who wants to get everything without giving anything and to add on to that provoke others and distract them.

    Nothing is free, and nothing will happen over night. It takes time and political to get these things done.

    Think for a second ..
    how many members are there on IV = More than 30000
    How many donate = less than 200 give or take
    How many yell and suggest and expect that core will leave everything and start working on the suggestion = Everyone

    Now if you are in this situation , where you are not even responsible to do anything for anyone(like desi politician)... would you even do what IV is doing? No, forget that you won't even think of creating IV.

    So you know my next sentence.. keep it low and be out .. or sober up and get in line and be the one to do the right thing so that you can look into your eyes in the mirror next time.




    IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.

    like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.

    So i think we should pursue alternate reliefs with immediate effect.

    just my 2cents.





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  • jayz
    08-15 05:28 PM
    Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
    I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!

    The reasoning that I can see is, you are comparing EB2 to EB3. EB2 gets higher preference than EB3, but I am not sure how the per-country rationing plays in this mix.



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  • 24fps
    02-04 02:41 PM
    For people who don't know, Country Cap goes by Country of Birth , not country of citizenship...So if you are born in India but now you are canadian Citizen, you will still be counted as Indian for EB based Green Card allocation, isn't this a blatent racist agenda. I have a letter from Congresswoman Zoe Logfren's office, which clearly says 'I will work on removing arbitrary country quota on employement based Green Cards', we just need to pursue her...

    its not racism its just an old rule

    u can be indian but born in a different country and you could avail of ROW benefits, my friend is indian but was born in europe as his father was workin there at that time and then moved back to india and now he got his GC in under 2 years in EB2

    racism is purely based on your ethnicity





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  • pmb76
    03-18 04:58 PM
    Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26

    Ron Gotcher said on his reply to some readers questions:
    The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.

    He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.

    So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
    __________________

    Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:

    D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.



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  • grinch
    03-12 09:58 AM
    great work all of you guys, my choice was between grinch's and thirdworldman. i voted thirdworldman, but i just wanna say i know grinch hasn't done this a lot, so i think you've done an excellent job man :thumb:

    aw thanks man, appreciate the compliment!





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  • sbabunle
    01-28 12:43 AM
    Rajuram
    You got couple of things wrong here. Passing a legislation is not a piece
    of cake. It would take sometimes years persistent effort. Contributing
    a few hundred or even a thousand dollars and expecting everything to be
    changed would be too ridiculous. Several tech lobbies are also lobbying
    hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.

    Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.

    If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D

    Now good luck on your GC





    I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.





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  • desi3933
    01-31 05:51 PM
    Thanks a lot Desi3933. I dont have words to thank you...

    Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.

    That would be absolutely fine.
    Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





    singhsa3
    03-03 01:48 PM
    Consider this:
    Even though IV has 25000 "registered" members. There are only 400-500 visitors. The same people visit the site often. The number of visitors dramatically increase, if there are newsworthy events that affects most of the people.
    So the sample size is NOT 25K but around 500, based on the daily visits.

    This of course is not a whole lot but Idea is not to be statistically correct but to feed newsworthy information to the Media, and here are the facts.
    a) 1 MM people in the line for EB green card
    b) All of them highly skilled with at least bachelors
    c) Average income 75K +
    d) Average family size: Slightly more than 2 .
    e) Life Dream : The American Dream
    f) Bottleneck to the life dream : The long ,excruciating backlogs.




    whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.





    kumar1
    12-11 12:05 PM
    Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.

    Compare that with US consulate and DOS VISA bulletin and GC process...


    Everyone goes to Bank and do transactions , that doesn't mean that we only need Bank and Bank doesn't need us and our deposits.



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