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  • greenlight
    02-18 02:07 PM
    Suppose you work for Company A on H-1B. You get out of the U.S. and come back with AP. You become parolee at that time. File an H-1B extension with Employer A, get new I-94 that indicates your status is now H-1B.

    6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.


    I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.

    This is her opinion in quotes:
    "I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."

    I hope this helps.





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  • ThinkTwice
    07-12 03:13 PM
    She cannot make it to the rally.

    why do we request Zoe Lofgren to come Peaceful protest march?. Please send her email or call her.

    Tell her about your rally and ask her to contribute. This will help us to more support.





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  • wantMyGC
    07-14 07:27 PM
    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm?chan=top+news_top+news+index _businessweek+exclusives

    The Gandhi Protests
    Denied the permanent U.S. residency they'd been promised, high-skilled workers are taking to the streets in nonviolent protest



    Engineers, computer programmers, and tech workers aren't known for outspoken collective action and political protest. But on July 14, up to 1,000 high-skilled, legal immigrants will gather in San Jose, Calif., to express their outrage at the U.S. government's failure to deliver on a promise to hasten the processing of their green-card applications. Many of these immigrants came to the U.S. from India on visas and have been stuck in what they say is an interminable wait for permanent residency and the freedoms it brings.

    "We're stepping out to bring this issue to the attention of lawmakers and the public," says Ashish Sharma, 37, who has worked as a manager at a tech firm in Los Angeles for seven years, awaiting his green card. "The debate has been dominated by illegal immigration, but we want to put a spotlight on the hurdles we're facing as a hard-working and law-abiding group. It's time for corrective action."

    Sharma says he spent $5,000 flying his wife and children to the U.S. from India to prepare green-card documents that the government originally said it would accept and then later decided not to accept. Tomorrow, he will drive more than five hours to San Jose to meet hundreds of others stuck in the green-card backlog who want to make a public statement about their frustrations.
    Long Delays Spur Protests

    The rally follows a symbolic action on July 10 in which hundreds of green-card applicants sent flowers to the director of U.S. Citizenship & Immigration Services in a show of peaceful protest reminiscent of Mohandas Gandhi's nonviolent campaign against British rule before India gained independence in 1947. The idea for both the flower sending and the rally emerged from Immigration Voice, a group that advocates for high-tech immigrants in the U.S. on visas.

    The Gandhi protests, though grounded in years of frustration and anger, were sparked by recent events. On June 12, the U.S. State Dept. issued a bulletin promising it was ready to move hundreds of thousands of green-card applicants into the final phase of processing, known as the Adjustment of Status. Visa workers rushed to complete their Adjustment of Status applications for July 2, the first day they could be submitted. Applicants scrambled to gather signatures, birth certificates, and immunization records, many taking off work and rearranging travel plans. But at the beginning of July, the State Dept. retracted the bulletin, explaining the U.S. Citizenship & Immigration Services had already fulfilled its quota and would not accept further applications. The immigrant community exploded, with critics saying they are the victims of bureaucratic incompetence and a broken immigration policy.

    The green-card backlog has emerged because of a mismatch between the number of visa holders and the number of green cards available to them each year. Tens of thousands of foreign workers enter the U.S. on work visas each year, and many apply for green cards. But current government rules limit the number of people who can be admitted to the U.S. from any particular country to 9,800. The result is that for larger countries, including India and China, the wait for permanent U.S. residency now stretches for years. As they wait, visa workers are required to maintain the same job and salary, or they are bumped back to the long queue. That leaves many of the most educated and talented immigrants feeling stuck, sometimes to the point of hopelessness (see BusinessWeek.com, 6/21/07, "One Easy Fix for Immigration").
    Joining the Chorus

    Many American companies are concerned about the government's immigration policies. Tech companies, including IBM (IBM), Motorola (MOT), Oracle (ORCL), eBay (EBAY), and Intel (INTC), have pressured Congress to allow in more skilled workers on temporary and permanent visas. Google (GOOG), with many immigrants at the company including one of the founders, sent one of its top executives to make the case in Washington (see BusinessWeek.com, 6/7/07, "Immigration: Google Makes Its Case"). Bill Gates, Microsoft's (MSFT) co-founder, also made the trip to Congress to argue for a change in policy (see BusinessWeek.com, 3/8/07, "Gates to Senate: More Visas").

    Immigration Voice has for several years been a forum for visa workers awaiting green cards, but it is now becoming a critical organizing tool through its Web site, volunteer leadership, and increased lobbying efforts. Immigration Voice President Aman Kapoor says green-card applicants are busy organizing a series of rallies to take place across the country on one day next month.

    "This is not the usual population to go into the streets and protest; it's a group that has remained quiet and follows the rules," says Kapoor. "But people have lost faith in the system, and we have reached a tipping point in terms of frustration. There's an understanding that more dramatic action is needed."





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  • kbsyed61
    04-28 12:38 PM
    Since we submitted the RFE response, there has been LUDs on daily basis since April 23.

    LUDs on , 4/23, 4/24, 4/27, 4/28.

    Anything to worry?



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  • h1b_alex
    03-29 04:14 PM
    @vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.

    @bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff

    Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum





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  • h1b_alex
    03-29 09:52 AM
    @hpandey thanks for standing by me, and more so i will not bow down even if INS were tracking me down , what have i got to lose, its the time for the consultants to lose his business and his money, and i will not stop here as i said , i will make sure google search on him always opens the blacklist page before his company website.

    @fide-champ i have tried options that could be open to me till the brink and believe u me if they were there i would be the first to grab it, i have tried attorneys, i have tried references, i have tried many options , given 15 interviews of companies and sat on that interview table from 9 to 5:30 PM , but only after realizing that it wasnt going anywhere and i had blown my dough i realized , its better that i leave.

    @Robert Kumar yeah ofcourse, even if they were to what could possibly go wrong more than what it is right now, not afraid buddy not at all



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  • Humhongekamyab
    07-03 10:36 AM
    THOSE ARE GOLDEN WORDS.

    Go IV Go.

    Come on folks, lets start the cleansing work - IV is our organization and lets help IV help us.

    Just imagine $220 million as back wages in FY 2007 http://www.dol.gov/esa/whd/statistics/200712.htm
    This is a widespread problem.

    I have gone through the procedure and trust me it is easier than filling out your own tax return or for that matter I-765. All it needs is very basic information about the employer. Moreover when the DOL audits the employer on the basis of a complaint they don't give out the name of the person filing the complaint. They go to the employer's place of employment and tell him to show all the records for all the employees for the last five (I guess) years and if they determine abuse then everybody who was not paid gets his wages.





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  • sku
    09-17 12:33 PM
    https://writerep.house.gov/writerep/welcome.shtml

    This link can help you to find your congressmen , when you get the name , you can goto that congressman's website and look for contact info there



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  • kate123
    03-10 05:20 PM
    I am trying to get the original question info from him. Probably he will read the thread and answer it.


    I guess it is 485. Country of birth does not come in to picture at 140 stage.





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  • kaarmaa
    01-10 02:12 PM
    I doubt you will get a reply for your honest and valid concerns :)

    I have been a IV member since 2006 . I have seen the ups/downs . donated money , sent letters , attended rallies and done whatever has been been proposed . But I see that many senior members who had the drive to motivate people are not sending or being part of any messages or threads at all and that is exactly why the movement seems to be losing steam .

    The standard response that I see to any question is "have you donated money ? " . "Don't ask for anything till you have donated. " this is followed by some some red dots which normally works to silence the questions. People will be willing to donate when they believe in the movement . I remember we collected $ 30,000 in 1 month before the rally there was huge thread with all the donations . People were charged up and the money came up automatically . I am willing to donate but to be brutally honest I do not see the same level of motivation as was there in 2006 / 2007 days .Please use this as a wakeup call and not as reason to vent your frustration on me .

    There are many senior members who I do not even see any more . Members joining in late 2007 or early 2008 will not know any of these guys .

    Aman Kapoor . He is the founder of IV . I have not seen his messages since the past 3 years almost . Where is he ? Is it too much for him to send a greeting in New years eve motivating the members ? It takes just 2 minutes .

    Mark Bartosik :- He was supposed to the spokesperson for IV .The guy with the MasterCard sign for immigration . I have not seen him for quite some time now
    Where are the other senior leaders like
    a) Walden Pond
    b) There was a this British Girl from San Jose ( had a handle which had name like Rose or something )
    c) Niloufer Bustani from Dallas. I see her once in a while but very sparingly .

    The others even I have forgotten completely.

    The only leadership/core that I see is Pappu and no one else . If you have a country where the prime minister shows his face only once in 4 years , how are the people supposed to believe in that movement ? Please don't reply with a message saying what have I done or why can't I contribute money ? I have done that I am looking for leadership to show us the way and motivate us . All campaigns don't need money donations( Letters , calls , faxes etc ) . We could start with that and then drum up support and momentum and then the money will start flowing in automatically . There has to be a synchronized campaign organized by the leadership and all I see is everybody putting their eggs in the basket called spillover.



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  • arunkotte
    07-27 05:40 PM
    I hope any of the accounting Guru's here help me answer this.
    I got an RFE for ability to pay. My current wage is 4000$ less than the prooffered wage. My company filed 1120S and there is no net income line on it, there is only a Ordinary Business Income (total income- Total deductions) line which has 6503$. Is Ordinary business income considered same as Net Income?

    My Lawyer is trying to include a cover letter arguing that Current wage + Net Income > Prooffered wage. Do you think "Ordinary Business Income" can be considered as "Net Income".

    THanks





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  • pamposh
    01-30 04:37 PM
    Done



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  • sanju
    09-24 12:30 AM
    I did not use to word wrong, so dont try to setup strawman arguments. I used the word unfair. And using the reverse argument that you use. It ain't "right" just become you support it.

    And yes, it is unfair, because it is unfair for all those promised the current system, not because I think it is unfair.

    Well, I could read out for you what you wrote. You wrote that - "I am EB3-India, yet I dont support the removal of per country limits, as there is a reason for the diversity rule, Indians and Chinese are currently on the wrong side of the equation so it seems "fair" to remove the quota."

    Does that ring any bell?

    And, if everybody was promised the current system, then there should never be any change, ever, because whenever you make any change, it will be unfair to the people who are waiting at that time, right? Even the increase in numbers or recapture is unfair because when we applied, we did not know if recapture will happen, right? So why change. There should be absolutely no change because my galactically stupid friend sc3 thinks he was "promised" something. Open your eye, there was no promise made to you or to anybody else, the system has evolved and will continue to evolve while we continue to wait for approval. Its ok if you don't believe in evolution theory, maybe that evolution thing is also "unfair" and "wrong". You see as we all continue to learn, we all continue to improve ourselves and our surroundings from that process of learning, but there are some who do not want to improve anything, inspite of learning. Here you can argue that learning process is at different level/speed for different people. So that would be quite understandable.... you know what I mean





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  • santb1975
    02-01 05:22 PM
    I do think a lot of times that Hillary has a better handle of issues and she is very articulate. Billary (yes Billary) concerns me. I think it is going to be tough to be just Hillary and not Billary.She had a good answer for it last night but it is hard beleive there will be no Billary. I visit hillaryclinton.com more than barackobama.com :)

    Obama definately is not as articulate as Hillary. However like many I want to see a completely new face as the democratic candidate. I knew Clinton's from when I was like 10 years old. They had their opportunity already and we have already tasted their approach. I am one of those people who is looking for a complete change. No clinton's, No Bush's, No Kennedy's. I am looking for young politicians to emerge through out the world.

    Let's see how Super Tuesday turns out.

    That is a cliche. Everyone says it without knowing the details.

    Obama has very poor understanding of issues. He has no idea how to solve most of the problems.

    Lot of persons (like you :)) like him!

    Billary (oops! Hillary) knows everything. She takes some cheap shots which she does't have to!



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  • Raji
    07-24 10:58 AM
    gc28262
    Nowhere in the posts have I disputed the credentials of those who work @ IV. Only expressed disappointment at the nature of the responses received. If credentials were in Q, it would be pointless raising any Qs at all. Qs are only asked of whom you trust to give a reliable answer. While the Core and indeed the Donors are dedicated and smart, many members here are as interested in following the progress being made by IV and yes smart enough to understand that every organisation has strategies which it may not wish to reveal � the Qs here are not about strategy, they are about updated information and increased awareness amongst those IV calls its base. If a free and open discussion about this is only to be cut short by a member being told pay or not be curious, then this is not really a public forum and this needs to be clarified at the very start.

    Of course IV can continue to get rid of people it does not like raising Qs by putting them down, but this is not the greatest public relations exercise - especially with the population the group seeks to serve. This world is not a one size fits all and - there will always be people who pop into a forum for the occasional Query - if we answered them nicely, updated them on progress, they may themselves consider this a worthy cause, donate, update their profile and contribute as best as they can. Alternatively they may never become donors, but will at least ensourage others to visit IV, become members, and support the cause. But if we ask them to fulfil multiple conditions before showing empathy, we lose them forever. My personal hope is that IV will succeed in what it aims to achieve, though it would never be by itself - many other orgnisations supporting legal immigration will be part of any victory should it be achieved.





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  • EkAurAaya
    11-02 10:54 AM
    1) We can go back; need not pretend if we think we have the brains
    2) If you go "your GC misery is over". After that "A new beginning for you and this society"
    3) If you don't go back you don't lose credibility. You just prove that you want to live here no matter what. Eveyone has the right to make his choice based on what works out well for him/her
    4) For those who voted "yes" I think they know what they want in life and why they are here. No matter what the conditions are here or anywhere they will make the right choices instead of expecting someone else to control their lives.

    The counter point is "Lobbying is not the only path to our freedom and independence"

    Like you mentioned pointing out people and there posts is not required ( if you think that is a smart threat and expect people to backoff) because everyone can search every post of the other person if they want to do so.


    FOR ALL THOSE WHO VOTED YES - IF WE HAVE ENOUGH NUMBERS WE CAN CHARTER A A380 OR TWO DREAMLINERS ONE FROM THE EAST COAST AND ONE FROM THE WEST COAST WITH STOPS IN DIFFERENT COUNTRIES TO DROP OFF PEOPLE. IT HELPS US, AIRBUS/BOEING AND THE "NO" SAYERS WAITING FOR THEIR GC'S. THIS WOULD BE FOR SURE A BIG EVENT IN THE HISTORY.


    I am not against IV and its goals or against any views or opinions of people. It is a free world, but if we want to pay a price for that we can do so in many ways. e.g. Waiting for GC.

    I don't think you will understand this but i will give a simple explanations...

    it is not easy for people to pack up and leave when you have family/kids assimilating in the system (forget your "status" for a minute - people living here don't want to move to a different town (forget state) because their kids are in school) <<< this has nothing to do with how brainy you are (in fact it will be stupid to just pack up and leave). Oh and not to forget... i want SS/Medicare when i retire, i paid for it ;)

    However I can guarantee you 80% (if not 100%) of IV members with PD < 2004 would have return if they had to restart the process of GC (too late for that we all have 485 applied and AC21 is around the corner ;))

    And to answer your question about brain drain... it will happen if immigration is not fixed, if it takes 10-15 years to immigrate then people with naturally opt to get out of here before they are neck deep (like us 7-10 years) in the system.

    But really Please Please Please do set an example by going back for good... I already explained the net result of you going back in my previous post ;)

    Request: Mods I think this stupid thread does not belong here, please delete it... gjoe can take his agenda some place else to rally some support (perhaps in some anti-immigrant website).



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  • msp1976
    02-11 07:02 PM
    My suggestion to all is let's give it some time...When IV core delivers on the bill..The pie would be bigger and this whole discussion would be rendered meaningless in a minute....If everything is current we would not have the conversation at all....





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  • vbkris77
    04-26 10:03 PM
    Hello TNMan, If L1 guys is doing a H1B duty and if you can prove it, sue TCS and talk to DOL. You won't need GC trust me. They will pay a lot.. and pls. help us by creating one more thread on this subject exclusively.. Don't hijack an important thread like this...

    But forum, Pls. get back focus onto the main topic..





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  • immi_twinges
    07-17 03:09 PM
    I agree with you immi...I would love to have that but i believe its not practical...coz as per existing laws there are 140k employement visas alloted per year...if you are gonna use uncaptured visas from the previous years then this number would be >140k.. which would require a change in the law...with the current govt in power (inspite of the President being pro immigration),Iraq war,elections,Anti immigration sentiments before elections,etc..i donot foresee it happeneing anytime soon... my $0.02

    First they Ignore us,
    Then they laugh at us,
    Then they fight us,
    Then we win.

    - MK Gandhi

    Have faith ... never loose hope with out trying
    We should never come to conclusions before trying.
    I saw in other thread that president is signing a petition related to backlogged passport application...well that is going on smoothly with out any hurdle..
    Dream act is introduced with out any hurdle.
    May be its the right time .They are unsuccessful with the illegal immigration (amnesty bill) .... If we try legal immigration issues now... may be they will be okay .... I dont think there will much opposition for legal immigration as there was for illegal immigration

    We are not asking for increase in number...we are asking for the numbers we lost due to the USCIS laziness.
    I think we can ask for it...Its not our mistake...its USCIS mistake

    I don't think even citizens will oppose it...we have been waiting so long...they will understand...
    I think its the right time ... my boss was saying that he heard how many visa numbers were wasted on Public radio and he was very sympathetic.

    May be they will not agree on increasing the GC numbers or taking dependents out of the GC count but i am sure they will be okay recapturing the lost numbers

    May be not all one time...at least in installments ...heheh this can work too

    Lets try guys...we had such a big publicity and very good response recently...dont let it go it waste..lets put a little more effort





    drona
    07-11 11:02 PM
    If you pack your bags and leave tonight you may be able to make it here by Saturday. Instead of sitting at your computer on IV all day and posting the same messages on all threads why not join us!





    akred
    07-14 07:26 PM
    Done



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