Sunday, June 26, 2011

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  • ItIsNotFunny
    03-26 01:33 PM
    No, if you had H1 before (in 6 years) you are not subject to cap.

    If you don't have 1 year gap. otherwise you are subjected to.

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  • ashutrip
    06-18 08:52 AM
    Hello Leo,

    I am not a lawyer so don't take my word ... but this is what I have heard.

    Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...

    You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.

    Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.

    my freind labor thru PERM is taking upto 150-180 days if ur application is in Atlanta.....they are hatching the files......saala when dates are current my labor in not clear......kya karega pandu jab kismet saala g&%*$u

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  • add78
    07-15 03:03 PM
    I have used AC21 to change jobs
    I have a closing statement from my previous employer mentioning the exercisable options.

    Here it goes:

    Exercisable Options

    Price $30
    grant date 1/10/2007
    Shares exercisable 400
    total price =12000

    Last date to exercise

    However the market share value for the company now is 26.00

    now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?

    I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????

    $30 per option price seems very high at the time they were offered unless they were trading around or higher than 30 at that time. Usually ESOP (Employee Stock Options) are offered at a lower end of the annual stock price fluctuations - e.g. if a company is already public with stock trading for the year highs at 50 at year low was say 20 at any point during that year then employees get it at 20. something like this. If a company is pre-IPO, the options are offered at a much cheaper price of a 1c to 10c per option.
    You should be able to place a call to your HR and they would be able to explain any questions you have. If the value is negative, no point exercising options now.

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  • rajenk
    01-16 09:00 PM
    Thanks Raj for your reply.

    - Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

    - Can I file my 485 with pending answer on I-140 amendment?

    1. Yes you can certainly do that too.

    2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.


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  • newuser
    10-02 04:38 PM
    this is another ANTI IMMIGRANT TROLL ALERT

    This guy looks like one of the person's replying on BW article

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  • sandyn16
    03-17 12:35 PM
    I applied recently for refinancing on H1B (1 yr extensions) and did not face any issues. I had to provide additional documentation like the 485 receipt, apart from that no issues.


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  • jsb
    04-16 03:59 PM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

    Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.


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  • Gravitation
    02-02 09:30 AM
    It means that if your PD is current, your application has a fair chance of having been processed.

    If the PD is not current, it doesn't mean anything.


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  • santb1975
    08-02 03:01 PM
    I can see a Strong and Active Tennessee Chapter getting built over the next one Year. How can I say that...Well, I have been witnessing all the good work you have been doing from when I became a member of IV

    Thanks Santb1975. Sanju, that's a dangerous proposition... I might kiss you back :).

    Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.

    Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.

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  • injrav
    07-27 12:21 PM
    we are also on same boat

    but I did not find any college [small/medium/big ] which are offering MS program for below 6k including all.. I found few colleges who are offering at 6k, but their degress are not valid in INDIA/USA as they looks like diploma mills.

    In a 4 months search I found one college [regionally acredited], which will cost 13k including every thing.
    I found one more state college which are offering MS in computer science for 12k
    These two colleges help us to transfer visa to F1 and chances to get work permission in 4 months [part time]

    bottom line is: if you find any college [regionally acredited, not online university] which are offering masters program between 6 to 9k, please update me through this post



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  • sc3
    08-28 02:46 PM
    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.

    Quite a lot of legal filers from 2001 had been stuck in BEC. They are now coming out to apply (in the poll you started there are about 2.5% of applicants with PD in 2001!!!) , others are people who substituted (both with buying and using old labors within their companies) their labor certificates last year -- so definitely we will still see some Pre2002 applications, but is it enough to derail the movement of EB3 for another year? That is not clear.

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  • vallabhu
    06-15 09:06 AM
    Hi Guys lets count number of people getting temporary benefit of filing 485 at this time, after we get our our EAD's how much are we ready to spend for lobbying to get our GC's soon.

    How much are you going to contribute to IV.


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  • lazycis
    01-04 02:15 PM 8d8

    10.11 Order of Processing.

    (a) Routine and Expedited Cases . Generally, applications and petitions should be processed in the order in which they are received. Exceptions can, and should, be made for a number of different reasons, and sometimes those reasons may appear to conflict with one another.

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  • black_logs
    05-02 12:25 PM


    Asians are becoming more vocal in the debate

    Wendy Koch

    875 words

    2 May 2006

    USA Today




    � 2006 USA Today. Provided by ProQuest Information and Learning. All Rights Reserved.

    In New York City's Chinatown, Asian immigrants held hands and formed a "human chain" at 12:16 p.m. Monday to highlight the day, Dec. 16, when the House of Representatives voted for a bill that would make illegal immigrants felons.

    In Philadelphia, Korean activists held a forum on immigration. In Los Angeles, they encouraged employers to let workers take the day off to join a march down Wilshire Boulevard.

    Latinos have been the face of recent immigration rallies, but Asians and Asian-Americans are increasingly joining the protests or taking their own approach. They are speaking out on issues such as reducing the wait times for visas for family members or green cards for skilled workers.

    "This is a turning point for them. More Asians are joining into this larger civil rights movement," says Pueng Vongs, an editor at New America Media, a consortium of ethnic news media.

    "Our community has been fairly slow to mobilize, but we are definitely working together now," says Daniel Huang, policy advocate for the Asian Pacific American Legal Center. He says Spanish radio stations helped Latinos organize quickly for rallies, but varying languages mean it's harder to reach Asians that way.

    People of Asian ancestry were 13% of the 11.1 million undocumented population in a 2005 Census survey, says Jeffrey Passel, senior research associate at the Pew Hispanic Center. Four countries -- China, India, the Philippines and South Korea -- accounted for most of them.

    Korean-Americans have been among the most vocal Asians in the immigration debate, Huang says.

    "We have a particularly large undocumented population," says Eun Sook Lee, director of the National Korean-American Service and Education Consortium. She says 18% of the Korean population in the USA is undocumented.

    Vongs says Korean-American businesspeople, who hire substantial numbers of Latinos, are concerned about penalties they could face as employers.

    The Korean Apparel Manufacturers Association in Los Angeles sent a memo to its 1,000 members urging them to allow workers to take Monday off.

    "We don't want this to be a racial issue," says Mike Lee, the group's president, noting that many of the employers are Korean- American but the workers are Latino. Lee, a former U.S. Army officer who owns an apparel factory, joined a march Monday, as did all his Latino workers. Only a handful of his Asian workers took the day off.

    The Chinese community has been less active until recent weeks, Huang says, noting their large turnout at rallies April 10.

    "Chinese are sort of a quiet, conservative community," says Cat Chao, host of the radio call-in show Rush Hour on Chinese-language station KAZN in Los Angeles. She says that when Latinos organized the initial protests, many of her callers admired their activism. Now, she says, many say the activists have gone too far and call Monday's boycott too "aggressive."

    Aman Kapoor, a software programmer from India at Florida State University, didn't join the boycott. His venue: the Web. Four months ago, he posted a message about his years-long, ongoing wait for a green card, which documents an immigrant's permanent legal residence in the USA. He says 3,400 workers like him, who have H-1B visas to take "highly skilled" jobs employers couldn't otherwise fill, formed Immigration Voice. Most come from India or China.

    "We don't know the system here," Kapoor says, explaining why the group hired the lobbying firm Quinn Gillespie & Associates. The firm is helping the group urge senators to expedite the green-card process and change rules so some applicants enduring a long wait could change jobs.

    More than other immigrants, Asians tend to be well-educated, professionally employed and in the USA legally, Passel says. About 10% of the Asian and Pacific-Islander population in the USA is undocumented, compared with 19% of the Latino population, he says.

    The difference in legal status helps explain why the Asian community is less concerned than Latinos about legalization, says Karin Wang, an attorney for the Asian Pacific American Legal Center.

    In a March poll of 800 legal immigrants by New America Media, 39% of Asian-Americans favored deporting all illegal immigrants; 9% of Latinos supported the idea. Forty-seven percent of Asian-Americans favored erecting a wall along sections of the U.S.-Mexican border; 7% of Latinos did.

    Vongs says Asian immigrants are more concerned about human trafficking, the smuggling of people into the country for forced labor, sexual exploitation or other illicit purposes. "The highest number of people trafficked are Asian," she says. "It's primarily for the sex trade."

    Civil liberties is another issue, Huang says. He says the House bill would make some misdemeanors, including drunken driving, a reason to deport someone. That could leave some people in U.S. prisons indefinitely because some Asian countries -- Vietnam, Laos and China -- permit few deportees to return.

    Reuniting families is another concern of Asian-Americans. Huang says children or spouses of U.S. citizens wait one to two years for a visa to the USA, but parents, siblings and other relatives wait five to 12 years.


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  • ak_manu
    04-02 05:31 PM
    As soon as USCIS recieved my response documents my case status changed to resumed.

    My attorney suggested me to get it notarized on stamp paper as it would look more genunie. It may not be mandatory but as it say Govt of India on stamp paper it would look little genunie.

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  • delhirocks
    06-29 12:55 PM
    My documents will reach attorney on Monday and he promised to file before July4.

    Good lawyer...mine is taking 6-7 business days after submission atleast. Though, I did not fill any forms, I filled a questionairre and she will use that to fill the forms, that might delay things a little.


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  • optimystic
    04-24 02:38 AM
    Please see my signature for details. Good luck to all of you.

    Congrats gccube !!

    I was following your posts. Your case profile is very similar to mine as can be seen in my signature (Actually my PD is couple of months earlier than yours !! But my RD at NSC is later than yours at TSC)
    I am hoping I will hear good news soon as well.

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  • ken
    04-08 03:25 PM
    Is there anyone who is in similar situation?..

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  • mk26
    05-14 10:10 AM
    Howard County

    09-10 10:34 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can’t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?

    As you have I-140 pending (from Employer A), you are eligible for 1 year H1-B with any employer.

    Please check with your attorney.

    Proud Indian-American and Legal Immigrant

    04-28 08:23 PM
    have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.

    I spoke with my attorney today and she is going to investigate further on this case to find out what happened. She also mentioned that she has been an immigration attorney for over 30 years and half the time she has been working on USCIS generated blunders!!

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