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  • jungalee43
    02-16 12:35 PM
    The most important issue related to Retrogression is the 'per country of birth' quota. The problem of retrogression would be much less severe if this quota is abolished as it was done I believe in AC21. Can anyone confirm about this provision in AC21?
    I have also noticed that in the immigration voice presentation though the problem of 'country quota' is very effectively highlighted, it is not included in the goals. Even the president's report mentions this quota as a problem. I would like to draw attention of the admin to this. Removal of this quota should be one of our primary goals. Of course recycling of lost numbers and not counting dependants against quota are important goals. Can admin include this in the goals slide? I am planning to take this presentation when I meet the local congressman who has so far responded to my correspondence very sympathetically.




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  • gccovet
    09-05 04:53 PM
    I have GC for about a month now. I plan on taking up Corp-to-Corp, Independent, 1099 and W2 contracts. For corp-to-corp contracts I would like to incorporate a company if I can save on taxes over the 1099 contracts. I am also
    in the process of engaging a CPA. Do you advise incorpating a LLC or S-Corp or a C-corp ?

    Thanks,
    theOne

    LLC is the best way to go, just one drawback , per current market situation (financial situation), banks might be reluctant to provide a loan etc. but if you have a VC or capital, go for LLC. the best way to go.
    Good luck.
    GCCovet




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  • saibaba
    07-16 06:03 PM
    wats goin on folks....I just got this news from my buddy,started surfing IV and found this thread....




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  • chanduv23
    05-11 11:32 AM
    I Used their tool but sent the folllowing message

    Greetings. My name is XXXXXXXXXXXXX. I

    am a citizen of India and have been living in the United States for close
    to 7 years on a H1b visa and work as a Senior Software Consultant catering

    to various Ammerican clients and my employer is located in Irving, Texas.

    My Green Card petition was filed by my employer under the EB2 category and
    my I 140 petition has been approved, but I am unable to file for i485
    (Adjustment of Status) because visa numbers are not available. My wife is
    also on a H1b visa and is a first year resident physician at a Community
    Hospital in Brooklyn, New York on a H1b visa.
    Based on the fact that we have been law abiding tax paying legal
    immigrants, we would like to reach out to you and let you know our issues.
    Our main issue is career stagnation. Unavilability of visa number
    (retrogression) locks us up with the same employer for years together and
    does not allow us to grow careerwise and unable to make critical and life
    decisions.
    We duly understand that there is a 7% per country upper limit when
    Visa numbers are allocated and the fact that India and China has been over
    subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
    Bill have provisions to raise the cap and we would like to support these
    bills and the provisions.
    High tech and health care are sectors where highly skilled immigrants
    from all over the world are attracted to and want to contribute in the
    best ways we can to pursue our American dream. We would like to contribute
    to the growth and development of America in the best possible way. Please
    support us and help us in our cause.

    Sincerely,


    XXXXXXXXXXX
    718XXXXXXXX



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  • jsb
    10-30 04:01 PM
    I have future GC filed from Company X, the priority date is February 2006.
    I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is if I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
    What could be the implications?

    It is advisable if work at Y is significantly different than what is in LC filed at X. There is no other negative impact of that, other than filing fees. If Y is willing to file for your LC go for it. That way you are not restricted by rules of AC21. There is no limit on how many I-140 or LC's you can have.




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  • The7zen
    06-14 08:01 PM
    Thank you for your inputs. I really appreciated for your help. We went to Detective office and he allowed my sister only to question. He asked couple of questions regarding that family and theft. My sister explained him that she don't know about that situation. It took about 20 minutes time there. We have below questions still remains in our mind.

    1) Do we really required a Lawyer to protect?
    2) I believe they should have proper information to arrest or accuse right?
    3) We know my sister is innocent but feeling insecure for being happend. so what are all the chances to again question my sister?.

    After viewing your messages here, we realized it is wrong to go to Detective office but we went this morning

    Please help me in this

    1) Its better to have a lawyer in these type of situations, especially if they have to record your statements.
    3) Did you talk to the accuser to find out what exactly is happening and why he is suspecting your sister? BTW if you do so, just be polite and listen to what he says dont get agitated over the phone.
    Good luck....



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  • gc_chahiye
    07-20 03:49 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?

    1. Can I apply EAD myself?


    yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.


    2. will I get in trouble if I do not have EAD and my H1 expires?


    status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.

    Not sure why you want an early H1 extension filing...




    3. Can I move to new employer using AC21 without EAD?

    yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.




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  • chanduv23
    09-04 11:16 AM
    You can work on h1b - you will get H1b based on existing approved 140 and pending 485.

    If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.

    Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.



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  • rkotamurthy
    02-14 06:13 PM
    ^^ Bump




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  • GCWhru
    08-20 01:31 PM
    Also one strange thing observed was that I have a receipt # SRC07264**** and my wife's case has a receipt # SRC07266****. Also we received the receipt notices 2 days apart.

    IndiaNJ , GCWhru... Do see any thing like this on your receipt dates.

    Yes even our received dates are different, mine was Sep 28 and my wife's was Sep 27. Receipt #s are SRC07285**** and SRC07284**** respectively.



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  • usirit
    11-21 12:14 AM
    You are from ROW....here are some things to consider....

    Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.

    If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).

    You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.

    Hope this helps. Good luck.
    Thank you for your quick reply 'loudoggs'... of course it helps and it raise my confidence on the IV group....

    I've actually just e-mailed the new employer attorney in order to evaluate the possibility of filling on a different employment-based category. Do you think I will be able to evaluate if I fit on EB-2 rather than my current category EB-3?

    Comparing employers (IT field) the new one is offering a more up-to-date technology and improved package but I am so attached to my current one...




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  • priti8888
    10-01 01:03 PM
    This is how PD and RD work.
    ASSUME ALL ARE EB3

    Mr. A PD JULY 2004 RD MARCH 2005(1)
    Mr B PD FEB 2004 RD DECEMBER 2005 (2)
    MR C PD JAN 2003 RD JANAURY 2006 (3)

    USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
    IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
    If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
    If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
    If visa bulletin date is August 2004 "Mr A would get GC first"

    In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.



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  • pt326bc
    09-27 10:36 AM
    Same issue with me.
    Different A# on I 140 and the I 485 receipt notice. The A# on the FP notice is the same as the I 485 receipt notice.
    I have emailed the paralegal handling my case and she said she'll confirm with the lawyer and get back to me.
    BTW my I 140 A# starts with 088 and the I 485 receipt notice starts with 094.
    Don't know what that means.
    Will keep you guys updated with whatever my lawyer sends me back.
    Regards.




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  • srinivas_o
    05-08 02:27 PM
    I am also in the same boat. If the current employer does not like me to move to a new position, is there anything the current employer can do stop getting GC?

    My I-140 approved and I-485 is pending more than 180 days and priority date is Aug 2004 (EB3).

    I got a good offer and want to leave the current employer by shifting to EAD from H1. What would be the worst case scenario the present employer can do to stop getting GC or what else I might need from him in the future regarding GC processing?

    Gurus, please help.



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  • theperm
    02-08 11:02 PM
    Why would you marry in such haste & go through the trauma of not know whats going to happen i he goes to jail for the next 18 months?? why not wait until his jail issue is over ?? I am no one to judge you & mean no harm but have u thought this through ????




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  • gcwait2007
    12-25 05:55 PM
    Your PD does not have to be current (it changes from month to month), if it was current at some time in the past, that will be enough.

    Fight for your rights!


    Hello lazycis,

    I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.

    Q 2. Is there any limit countrywise, for issuing GC?

    Thanks in advance.



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  • hello
    11-29 02:50 PM
    I did not ask a lawyer.I saw this post and just asked the question.Thank You.




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  • boldm28
    06-17 08:27 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    you got that rite buddy




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  • desi3933
    07-20 04:29 PM
    My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
    As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.

    about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.

    You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.

    >> If you don't have a valid H1 and no EAD, you are out of status

    Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.

    _____________________
    Not a legal advice.




    HRPRO
    04-13 01:47 PM
    I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!

    As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.




    gparr
    November 25th, 2005, 04:38 PM
    My primary tip is patience. When the wind is blowing, even slightly, if you're patient you will start to get in tune with the wind and be able to pick out the calm moments that always occur. You just have to be ready and then get off as many shots as possible during that calm moment. I shoot as many of my flower shots as I can very early or very late in the day. By very early, I mean at or just after sunrise. The wind is usually calm for a short while until the sun starts to heat the admosphere. I've had considerable success shooting in the very soft light at or after sunset, when the wind also calms. Long shutter speeds though. Unfortunately, too many blooms aren't open until the sun is higher in the sky and you have to resort to patience.

    I've also had great success with a trick Don Bevis shared. You can get thin bamboo sticks in bundles for just a couple of dollars at your local nursery. Get the longer ones. I always carry two of them with me and stick them in the ground so that they apply slight pressure to the plant stem. This cuts down considerably on the movement. Don't know where Don learned the trick, but it works.

    Some use a tool called a Plamp. See it here (http://www.naturephotographers.net/gs/gswimplamp.html) I've never used one, though have been tempted. The fear I have is that any clamping device will damage the plant. I shoot a lot in the gardens of several neighbors and at the Chicago Botanic Garden and make it a point to never leave any trace of my having been there. In other words, no footprints in the flower beds, no damaged plants, nothing. Don's trick works so well because it steadies the plant without causing any damage. It doesn't always work, but it does so often enough that it's worth hauling the sticks around.

    I've also read several threads on other sites where people describe using "tents" to both diffuse the light and to stop the wind. I don't have any links for solid techniques, but will try to find some. It's tempting, though yet another piece of gear to carry.

    These days I make heavy use of my 5-in-1 disk for diffusion and reflection. I have the 22-in. Photoflex Multidisc (http://www.bhphotovideo.com/bnh/controller/home?O=breadCrumb&A=search&Q=&ci=6196), which I like a lot. It's excellent for a lot of light control purposes and sometimes serves as a good wind block. There are cheaper ones, but Kevin Sadler talked me into spending more money to get a quality product and I haven't regretted it.

    When all else fails, I resort to flash to get the shot. I greatly dislike using flash and only use it when I want a shot and know that it's get it now or never. If I can come back and get the shot at a calmer time without flash, I will. I do use flash on occasion if I feel that the shot needs a little spark of light, but generally not. Flash is always used on a remote cord and diffused in some way, either with the wide-angle diffuser that's built into it, or by shooting through or bouncing it off of my multidisc.

    As for shooting technique, a tripod is a must. I have two, but the one I use for flower shots allows me to splay the legs out and get the camera very low and/or allows me to reverse the column (I bought a short column to replace the one that came with the tripod) and hang the camera upside down. I use a ball head with a quick release. I also almost always use a remote release and frequently use mirror lock up. It's amazing how many images I've ruined because I moved the camera by pushing the shutter button or vibration from the mirror cause the slightest blur.

    But above all, getting flower shots just requires a lot of patience. Hope all of this rambling helps.
    Gary



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