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  • morpheus
    04-06 10:56 AM
    There is a different visa category for australians called E1, only THOSE ppl's spouses can work. If an australian is on an H1 his wife cannot work on an H4 either.

    In that case you also have to argue, why H4's cant work but L2's can? :)

    The Australian visa is called E3, not E1. E3 is like a simplified H1B that can be renewed indefinitely and yes, dependents can work anywhere. The filing process is quick and inexpensive. There is a quota of 10,000 per year, not including dependents. Given that Australia only uses a few thousand H1's a year, this is a very attractive visa.

    In the Australian press it was implied that the US govt passed the E3 visa as payback for Australia's support in the Iraq war. Originally it was supposed to be part of a free trade agreement.




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  • desi3933
    01-14 10:55 AM
    http://www.justice.gov/eoir/OcahoMain/publisheddecisions/Looseleaf/Volume9/1100.pdf


    ___________________
    Not a legal advice.




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  • gapala
    03-24 10:20 PM
    There is a reason, I said read it and understand it. I don't think you have understood it.

    The bottom line is that opinion letter is written by a USCIS officer and that I was referring it. And most important of all, you were proven wrong, again. That is the real reason of you being upset.

    _______________________
    Not a legal advice.
    US citizen of Indian origin

    I truely hope you are correct and op is out of the woods, but will wait until we get verdict from CIS. nrakkati please post when you hear from CIS on this situation. Good luck with your GC.




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  • eb3_nepa
    04-27 02:12 PM
    Can we mail checks to the address:

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    now?

    There was a time when we stopped accepting checks then we started to accept them again, so not sure what state we are in currently.



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  • eers
    07-23 02:56 PM
    rvreddy law firm based in Houston, TX has been very prompt and good. They did a great job on my H1 transfer, labor, I-140, I-485. I recommend them

    www.rvreddy.com

    Thanks,
    Raju

    I am not with rv reddy firm, but i heard good things about the extend he went to file 485s by July 2nd.. 2 of my colleauges goes through him. I was very impressed by the proactive emails he sent out during the july fiasco, updating his client on how cases will be handled.




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  • gk_2000
    03-27 12:51 AM
    EB3 porting is a loophole like labor substitution.

    when I came here 6 yrs ago, I had the option of applying in EB3 with a top 4 consulting US firm and I did not want to go that route. I waited until 2010 to apply in EB2.

    Looks like People should come to the US as freshers or with 1-2 yrs experience > Apply in EB3 > Gain 5-6 yrs in experience > Port and BOOM, you have your GC.


    How can people claim PD porting at a later date when they were not eligible on that specific date in the first place at that time? I know it's legal just like Labor Substitution.

    Thats what i am saying. Agreed.

    Reminded of Hannity show. Two idiots coming together and agreeing on stupid stuff. Again, you need to review your core concepts. It is NOT about "eligibility" in terms of a paper degree. Dont assume you know what was in the minds of the people that made the laws.



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  • qplearn
    12-02 11:28 AM
    If that is so the capital preserved by not doing an MBA in a top ten school which I estimate to be about 60-70K if I am not mistaken might be put to another use.

    What do you guys think about this line of argument.

    I agree with this. At Cornell, the cost is 90K, and then on their website, they say something like this: after getting our MBA you are ready for anything!

    Yeah right! :)

    A lot of hard data shows that that is anything but the truth. That kind of money can be spent in buying a house for instance or something that is much more worthwhile. Nowadays, there are jokes about MBAs not being able to open a pdf document.

    But I must add that after you've spent 10-15 years in industry, and you want to climb the corporate ladder, an MBA from Harvard or Sloan (or the very few top schools) will definitely help. The returns fall drastically as the rank of the school falls. Surprisingly, the fees don't fall that drastically, and that's why one has to be careful.

    As far as ranks, created by US News etc, go: here is the thing. Arizona State is ranked in the top 50. But does it have the same reputation as MIT? No. So even if the ranking is in the top few, make sure the reputation is truly high. And that means three or four schools: Harvard, Wharton, Sloan ...




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  • mpadapa
    07-01 11:27 AM
    Fellow Texas folks, esp those from San Antonio and Austin.
    Please call Rep. Lamar Smith's DC office, they are available this week.
    Do request your friends in SA and Austin to call Rep. Smith's office and express support for the 3 bills.



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  • elliptic
    05-11 06:17 PM
    I tried to apply for the SSN for my wife and my child about 6 weeks ago.

    As expected, the officer refused even to accept the application ("H4 don't get
    SSNs"). I would have submitted the application by mail, but this is not
    possible since I have to show my passport to prove that I am legaly in the
    country. I insisted that I have a legal reason to apply and even if she thinks
    this is not a legal reason, they have to accept the application.

    The head of the local office finally accepted the applications. I was told
    that the regional office thinks that the Stimulus Payment is not a federal benefit.

    One week later the application was declined. The reason given was
    that "the SSA doesn't issue SSNs for tax purposes." I had included with
    my application a cover letter with the relevant parts of the law and why I
    think the SSA should issue the SSNs.

    I will now ask for reconsideration. If the SSNs are still declined, I am not sure
    about the legal process. Normally, there are two more levels before
    a social security case goes to court. One can ask for reconsideration
    by an administrative law judge. I think this doesn't cost anything for me,
    but I am not sure if this also applies to cases like applying for SSNs.
    (Usually it is about the payment of benefits.)

    There seems to exist something like a legal definition of federal benefits
    (see Wikipedia). I am not sure if the Stimulus Payment would satisfy
    this definition and if this definition is the one used in the social security act.

    To bring the case to court is quite useless since when the case is decided,
    it is to late. One needs the SSN in 2008.




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  • delax
    07-15 10:53 AM
    I guess this is what DOS is looking at.

    April 2004- March 2005 All countries & all Cat: - 905
    (This can be ignored)

    2005 PERM EB2 India/China
    (Level III & Level IV):- 729

    Late 2005 to 01 June 2006
    EB2 India/China ((Level III & Level IV)):- 7037

    Total labors: - 8671

    Assuming 80% of the total made it into 140/I485 stage

    New Total of labors: - 7000

    7000 labors * 2.5 visa per family

    Total expected Visa demand: - 17500

    Assuming 80% cases are ripe for approval.

    Total visas required to clear the case up until 01 June 2006 is
    14000

    I know the discussion is about how many visas are remaining and we are trying to estimate it based on approved labour petitions. While the PERM data may be more reliable I have my serious doubts about the pre-PERM data. My PD is Jul 2004 and my case does not even show up in the 2004 MDB file. I think the 905 number is a severe understatement.



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  • needhelp!
    02-07 12:01 PM
    ~ 3309 LETTERS SO FAR ~

    LAST CHANCE: MARCH 1ST !!
    Lets make a strong statement for the EB community
    by participating in this campaign!!


    Remember, You have to snail mail the letter to two addresses:The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20500ANDImmigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372You can write your own letter or fill in the << >> in one of the LETTER TEMPLATES below:
    http://immigrationvoice.org/forum/showpost.php?p=212486&postcount=5 (http://immigrationvoice.org/forum/showpost.php?p=212486&postcount=5) (Generic template suited for citizens, employers etc)
    http://immigrationvoice.org/forum/showpost.php?p=212512&postcount=7 (Generic template, fits on one page)
    http://immigrationvoice.org/forum/showpost.php?p=212483&postcount=2 (Template for affected individuals)
    http://immigrationvoice.org/forum/showpost.php?p=212484&postcount=3 (http://immigrationvoice.org/forum/showpost.php?p=212484&postcount=3) (Template for affected individuals)
    http://immigrationvoice.org/forum/showpost.php?p=212485&postcount=4 (Template for affected individuals)
    http://immigrationvoice.org/forum/showpost.php?p=212511&postcount=6 (Template requesting lawmakers to participate)

    For a message from CORE TEAM go to this thread (http://immigrationvoice.org/forum/showthread.php?t=16506)


    ************************************************** **** ************************************************** ****

    THANKS TO THE MEMBERS WHO DID THEIR PART .. BUT 1500 IS JUST NOT GOING TO CUT IT !!!
    WE MUST MUST REACH OUT TO THE THOUSANDS OUT THERE..

    Following members collected 10 or more letters:
    digital2k-543, needhelp-363, NolaIndian32-309, gsc999-255, abhijitp-237, digital2k & Kushal-215, H4_losing_hope-194, waiting4gc-144, texanmom-127, mbartosik-93, JAI-HIND-85, APChinta & Sroyc-61, maine_gc-54, Rinsuper-46, nandakumar-35, santb1975-34, paskal-30, irma05-21, chaukas-20, kicca-15, aroranuj-14, athanga-14, sanjay-14, abhaykul-11, nandakumar-10, natrajs-10, snowshoe-10, vjkypally-10


    Following members collected up to 9 letters:
    jungalee43-9, mpadapa-9, phoolishphool-9, whitecollarslave-9, CADude-8, neoklaus-7, vivache-7, rp0lol-6, s_dhakhwa-6, amitjoey-4, vivekm1309-4, Walking_Dude-4, akhilmahajan-3, bestin-3, Life2Live-3, pshah-3, puvathoor-3

    Following members sent 2 letters:
    asanghi, asterix, bitu72, chanduv23, coolstonesa, gandhig, grupak, janilsal, Jitamitra, krustycat, newuser, nitin_prabh, pamposh, ps57002, rpeter, SFSweta, sj2273, sparklinks, sparky_jones, trs80, wa_Saiprasad, wandmaker


    Following members sent 1 letter:
    485Mbe4001, abc1125, abqguy, absaarkhan, ajju, akhilmahajan, akumbako, alterego, amit_sp, amitps, Amma, ani123, annnuz, apahilaj, apb, apume, arnab221, arvindkappula, axp817, baba_shashank, barrysingh, bc_rp, BEC_fog, blueyonder, boombata, boreal, checklaw, Chintu25, cjain, claudia255, continuedProgress, coopheal, crystal, Curious_Techie, CWYGC, danu2007, deba, delhirocks, diesel, dipmay2002, DoNotWorry, dpuranik, drona, dsva, eb3_2004, eb3_nepa, english_august, espoir, fandorin1, FinalGC, firhill, frankiesaysrelax, franklin, freakin_gc, garybanz, gatec77, gc_bulgaria, gc_check, gc_freedom, gc28262, gc4me, GCBlues, GCcomesoon, GCneeded, gcnirvana, GCoptimist, gmpa, Googler, gouthamkoneru, GTGC, Guest007, guy03062, heathere3, hopefulgc, husamymd, immigrationvoice1, indianindian2006, inskrish, ireddy, ita, IV_only_hope, ivvm, Jaani, jasonalbany, JayZ, jayZinDC, jfredr, jonty_11, juanes, jung.lee, kaisersose, kandhu, KanME, kannan, kavita, kevinkris, kishdam, ksefiane, kumar_bharani, kumar1, kumarc123, kushal, kvrr, Lasantha, leo2606, Libra, lonedesi, looivy, lost_in_migration, lskreddy, Madhuri, mallu, mariner5555, mhathi, miapplicant, mikoo, mkrishna95050, MountSoche, msekhargc, nc14, ndbhatt, new_horizon, ngopikrishnan, niklshah, noman, nshah1968, p_aluri, pa_arora, permfiling, piyushvora, prasha98, Prashant, prem_goel, prinive, pt326bc, pune_guy, purgan, rad_ncsu, rahulpaper, rajeshalex, rakenair, ramaonline, ramse36, reachinus, reachsrm, REQUIRE_GC, rghangrekar, rgrant, ritu_raj, rk2006, rockstart, s_dhakwa, saiimmi, saikatmandal, saimrathi, sam2006, sammyb, sanprabhu, santosh08872, seahawks, SEP03NY, sgorla, sgupta33, singhsa3, Sri_1975, srinivas_o, ssa, styrum, subahjaani, SubaM99, sunny1000, sunty, swastika, sweet23guyin, thepaew, thescadaman, thoreau, Tomplate, user1205, v2neha, vamsi_poondla, vandanaverdia, velan, Venky08, venkygct, vivekm1309, Vsach, WaitingForMyGC, Winner, wolfpok, xela, zappy, zephyrr, zram1977

    CAN YOU HELP YOUR STATE DO BETTER THAN THIS:
    CA - 1886
    TX - 514
    LA - 311
    Tristate - 181
    FL - 101
    KY - 55
    MD/DC/VA - 47
    MN - 39
    MO - 35
    PA - 24
    IL - 21
    MI - 19
    GA - 16
    RI - 14
    MA - 14
    WA - 7
    NC - 6
    OH - 4
    WI - 3
    NH - 2
    CO - 2
    KS - 2
    OR - 1
    NV - 1
    NM - 1
    NE - 1
    MS - 1
    AZ - 1




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  • ps57002
    08-04 08:16 AM
    I've been working with David Frenkel at Frenkel, Heshkowitz, Shafran in NY. Been with him through my H1B process and now my PERM, will continue with him. He seems very knowledgeable. He's a very very busy man though so it's a little difficult to 'talk' to him. The paralegal who worked on my PERM is reason I actually got it done...my employer is very unresponsive.

    So overall I think they are good. I have called to ask questions, emailed, gone in for consultations, never charged extra. All a set fee, expensive somewhat, but it's broken in steps, like pre PERM, pre I40 etc...so guess it's almost guaranteed

    ANyone else deal with them?



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  • mchatrvd
    09-12 11:33 PM
    Does the online status reflects when the 485 case gets NOID?




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  • bfadlia
    01-13 04:42 PM
    you are half right, the country quota laws were put much earlier than the off shoring companies, but remember that the retrogression only started in the last 10 years when those companies came in the picture and skewed the lines .. that's ur cause and effect!
    I am in software and would be satisfied with resticting this rule to the software field, but feasibility wise, rules won't get micro-tailored this way.
    I always tell myself i shouldn't go on with the discussion, but here i go again..
    any 12 step process to quit?



    You're confusing the cause-and-effect. The country quota laws were put in MUCH earlier than any offshoring companies started doing H1s. It might in fact be the opposite, meaning that these companies are hiring qualified people who weren't getting GCs.

    And besides these companies are all software cos that came up in the last 10 yrs, why should that stupid rule affect any person in a non-software field?

    Yes we know that the current rules make the journey longer. The point is that it is unfair and that's why we should start trying to change it!

    Basically it is very difficult to understand another person's pain. Especially when you're set up to gain from it.



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  • gc_freedom
    06-27 02:19 PM
    I am also looking for the same and didn't find anything in FAQ on this and nowhere in the thread menu it has an option to start a new thread?

    Appreciate any pointer on this.

    -gc_freedom


    --------------------------------------------------------------------------------
    intheyan
    Member Join Date: Jul 2007
    Posts: 30


    Which status Am I

    --------------------------------------------------------------------------------

    Any any reply to this post would be appriciated. whould anyone please guide me how to open a new post?




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  • indio0617
    10-20 12:22 PM
    I do not see any issue here at all. Most of the housewives (including mine) and sons/daughter take EAD/AP and do not work. EAD is just an authorization, not a compulsion to work. Being legal here stems from the fact that her petition to adjust status (I485) is pending for decision from USCIS.

    BMS1:

    Thank you. Yes, that's my opinion as well. A pending 485 status is valid immigration status by itself.



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  • gkebiz
    01-14 05:34 PM
    Dear ALL,

    I have written directly to the President-elect Barack Obama in response to an invitation to contribute to his Citizen Briefing Book in his change.gov website.

    PLEASE GO to this link and VOTE for this article in order that it may be taken up by the Charter to be presented to the President. Click here ---
    http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004s1h&srPos=0&srKp=087

    The full text of the article is reproduced below:
    IMMIGRATION REFORM ALLOWING H4 VISA SPOUSE TO WORK

    "The time to fix our broken immigration system is now� We need stronger enforcement on the border and at the workplace� But for reform to work, we also must respond to what pulls people to America� Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should." -- Barack Obama, Statement on U.S. Senate Floor, May 23, 2007

    Well said Sir, and now as President-elect, we hope to see some action on above.

    This issue I bring to your attention may seem trivial, but throws light on darker side of the life of dependent H4 visa holders, who are mostly women. And since you endorse women empowerment, I believe you will give a serious look at this idea.

    Theres a strong lobby support for increasing H-1B visa cap to address the shortage of skilled workers. Theres also a strong lobby opposing it. This idea will satisfy both the lobbies. A very simple way to literally double the number of already available skilled workers in the USA without having to increase the visa cap. Allow me to explain....

    Currently the spouse of H-1B holders, the H4 visa holders are not allowed to work. Most of these H4 Visa holders are qualified, skilled and experienced. In one stroke of the pen, by amending this tiny rule allowing H4 visa holders to work, you will facilitate thousands, if not millions of already legal & available skilled workers in the US, to work. Please note that spouse on L2 Spouse/Dependent visas for L1 visa holders (intra company transferee's), ARE allowed to work through an amendment in 2001. And this can be used as a precedent. Even J and E Visa spouses (J2, E2) are allowed to work.

    Good For the Economy: While its now a norm to have a dual-income family where the husband and wife both work, its become all the more necessary for a family to just survive through these unprecedented economic times. H1-B visa workers typically stay on for at least 3 years continuously if not extend it for the next available 3 years. All this while, the poor H1B and his family have to get along with just one income. Moreover, the law also forces the skilled and experienced spouse on H4 to idle at home. This I believe is a loss of national productivity. Your statistics will prove how many H-4's are currently idling away in the US.

    Good for the Community & Social standing of Women:
    To keep the family together, H1 visa holders bring in their spouse on H4 visa. And then, they get locked in the house. Ninety percent of H4 visa holders are women. Women being, more susceptible to domestic violence by the partner, becomes even more prone to violence due to her complete dependence on the spouse. They become prisoners in USA due to spousal abuse and immigration policies that give their husbands complete control over their lives. Yes, the immigration system is broken. The immigrant women get protection under VAWA but non-immigrants are not covered. Even if a law to let the non-immigrant battered women to obtain work permit is introduced, it might not protect women whose cases are dismissed as non-critical. The abuser can further exert his control over the victim and convince her that he has changed so that the victim might not press charges. Thus the abuser gets encouraged to continue violence. Divorce is not an option because most non-immigrants come from third world countries where a divorced women has to bear the social stigma of divorce and will not be protected in her own home country. Because of the long queues for Labor certification application and retrogression of visa numbers, getting an EAD and Green Card takes longer.

    Way Forward:

    You plan to legalize people living illegally in USA (and working illegally), you plan to give them a low skilled requirement job visa, similar to the H-1B or L-1, only that skills required are low, and you will let their spouses work too. This will mean that the only resident visa holder NOT AUTHORIZED TO WORK will be the H-4 visa holders.

    As a tech-savvy President, you may also want to browse this issue on Google groups and hear the voices of depressed, frustrated and more often abused women, here... Oops. I am unable to provide you the link as it appears to violate the change.gov comment policy (?). The group title is misc.immigration.usa and title is Why USA should issue the dependant visa holders work-authorization? Theres another forum under immigrationvoice.org you may wish to look up. Thanks.

    When people who have come to the US illegally will be able to work legally � the poor H4 souls (mostly skilled women) who have come legally and followed all the rules should be given a fair chance to contribute to the economy and better their quality of life. By a simple amendment, allowing the H4 visa holders to work, you will make a brilliant move, without upsetting those who oppose the move to INCREASE the current H1B cap. Please think about it. May God Bless America!




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  • lanxiong
    04-25 12:41 PM
    my current company has already filed I 140 for me, but I received an offer from another company and plan to accept it. My question is does the I 140 application will affect my H1B transfer?

    Thanks a lot!!




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  • gsmishra
    07-25 11:15 AM
    great thanks

    i told them that i am calling on behalf of the employer, i told my name as a legal dept guy from my company, (as instructed by my legal dept guy as they r too busy to call USCIS). then she asked benificiary name and date of birth.
    she also asked me when it was mailed, i told it was mailed by our mailing dept in 1st week of july (actually it was send on 12th july) :)

    she put me hold for a minute and gave me the number.




    sammyb
    04-26 12:08 AM
    signed up for $50 auto pay ...

    $50.00 USD for each month
    Effective Date: Apr. 25, 2008

    others monetary contribution till date:: $400 (including recent contribution towards state level initiative) ...

    together we can make it ...




    pbojja
    02-09 10:21 PM
    Is there anyway we can work on reporting fraud desi consulting companies to the USCIS so the fraud EB applications can be cleaned up from the system? That may help in clearing up the backlog. Believe it or not, many fraud desi firms have sponsored people in EB-2 successfully. I have worked with many such IT 'professionals' who can't speak a word of English and hardly have any idea what's going around them. I am serious here, this should be considered and evaluated. No offence meant to anyone but those who have had a wonderful educational background and don't work for desi 'firms' ought not to worry since this doesn't target them at all. I am just tired of fellow country men/women who have diminished our country's image, especially in the IT industry and am trying to think of solutions in addition to what we already have on IV's agenda.

    So what do they really do at work ? do nothing and get the pay check ? no wonder banks need big loans from government



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