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Written By muthmmuuuaaanniish on Tuesday, June 7, 2011 | 7:19 PM

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  • chanduv23
    02-26 12:37 PM
    Congressman - things can move quick and you can get personalized attention.

    Senator - things may be a bit slow because they handle the entire state.

    How your case can be treated - there is a trick that I would like to share.

    For any politician it is in their best duties to help their constituent and that too a law abiding tax paying constituent.

    For any staffer at their office, it is best for them to be of help to the constituent because they get brownie points.

    You must present yourself and your case with a lot of humility, clarity, easy language, proof of documents, and words of praise and humble request for help - then you can actually see that things do work.

    USCIS has an internal liason called congressional liason and all congressional enquiries are routed carefully through that liason. It is in best interest of the liason to make sure they do everything right and come back with a responsible answer. Most times thei entire process is made visible to you via emails copied to you or printouts of conversation or sometimes the liason asks you to come to their office and talks to CIS in your presence.

    This is not like Infopass where you can expect only luck to help you.

    Another option is to approach the Ombudsman. Ombudsman's office is slow, but it is effective too.





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  • bbct
    02-16 01:53 PM
    If one has not maintained his/her prior legal status, countries other than home country will not give the visa. Instead, they would be asked to back to go home country for getting the visa.

    I am currently on H1-B .My company is doing a lot of layoffs and I can be laid off anytime. So I have decided to go back to H4 but filing I-539 can take upto 3 months. Someone told me that I should go to Canada/Mexico and that process will be faster.
    Can someone plz. tell me what is the procedure and what documents are required for COS from h1 to h4.
    Has anyone any experience with Canada/Mexico.How should I fix an appointment?





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  • myimmiv
    02-25 02:48 PM
    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.





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  • sorcerer666
    08-22 11:23 AM
    I think something is missing here. How did they find out ?? Did they take you in for secondary inspection?? taxes?? If your university allows online classes, you might be able to finish your courses online and complete the required coursework(i.e. ofcourse if you dont need to finish thesis or defend project work) the university should be able to confer you a degree.... might be worth chatting with the international office.



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  • hopefulgc
    08-03 02:25 PM
    I like the idea of linking to the High-5 campaign a lot.
    $5 sounds like a resonable donation for replies to a harrowing immigration question from experts who have lived it, seen it, done it.

    BTW... Could we have a link that bring one to the paypal page directly where you could choose from a drop-down from $5, $10, $20... More like one click donation.
    This would save potential donors from having to sift through the Contribution page and locate the place to click to get to the paypal page. It is likely lead to a lot of "conversions".

    Just a thought





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  • waitin_toolong
    10-02 01:33 PM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)

    not citizen but resident and that does not qualify you permanent resident.

    and most companies require a GC holder or citizen to cosponsor.



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  • akred
    07-07 11:03 PM
    Yes, as long as you meet these conditions -

    1. You lived in the US for 183+ days in the tax year or

    2. You lived in the US for a total of 183+ days in the tax year and the previous two tax years, counting 1/2 of the days for the previous tax year and 1/3rd of the days for the tax year before that one.





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  • GCNeophyte
    09-17 02:11 PM
    one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.

    I can tell you right now that 2 hrs is not enough time for your connection flight and it is NOT RANDOM.its for all AP holders



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  • JunRN
    07-18 08:11 AM
    So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.





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  • surabhi
    05-21 09:29 AM
    (a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

    (b) I have an approved I-140

    (c) My 485 has not been filed yet

    (d) I just got my H1 approved and it would be effective from Oct 1 2008

    So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

    1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

    2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

    3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

    4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

    5) Within how many days of joining my new Employer B should I file my new I-140?

    6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

    7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

    Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.

    1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)

    2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
    3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
    4.there is no premium processing yet for I-140
    5.It has no bearing. Its upto you.
    6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
    7. See above

    this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.



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  • psvk
    11-05 05:13 PM
    AMERICAblog News: ThinkProgress: GOP entering class is a bit nutty (http://www.americablog.com/2010/11/thinkprogress-gop-entering-class-is-bit.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Americablog+(AMERICAblog))

    Here is a snapshot of the GOP Class of 2010�s extremism:

    ENVIRONMENT

    - 50% deny the existence of manmade climate change
    - 86% are opposed to any climate change legislation that increases government revenue

    IMMIGRATION

    - 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
    - 32% want to reduce legal immigration

    TAXES/SPENDING

    - 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
    - 79% have pledged to permanently repeal the estate tax
    - 48% are pushing for a balanced budget amendment





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  • Siboo
    07-09 10:41 PM
    DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!

    Everybody is seriously waiting for some update, you are just making fun of us. :mad:

    When you write something in the forum, write with proof. Otherwise keep it with your own family...

    Thanks



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  • bestia
    10-31 03:03 AM
    ... but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.


    stylepoet, I don't see where is a problem for E2/EB5 situation for countries with treaties. The problem is for countries who don't have treaties with the US, and their people don't have a chance for E2. But on this I understand the position of US government. Look. You are allowed to do you business here, on E2. If you do a serious business then your business should worth at least $1m. If it is, then you will qualify for EB5. Also, you don't need to sell your business nowhere. $1m can be a loan (even from a friend or relative), anything. As long as it's a real investment, and as long as it's a legitimate business. I think it's fair.

    Also, I've read that CIS scrutinizes EB5 in great detail, since it's an easy path for all kinda bad people with money. But they approve if they are convinced that everything is legitimate.





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  • nvmurali
    06-02 04:20 PM
    You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.

    This is not legal advise - a lawyer consultation is highly recommended.

    I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)

    Thanks,
    Murali



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  • logiclife
    08-20 04:33 PM
    Some member has lost the opportunity to file 485 before Aug 17th coz the employer and the lawyer didnt respond and responded after Aug 17th. (How convenient. A lot of employers suddenly found vacation time to take between July 17 and August 17th. Suddenly, between July 17 and Aug 17, the voicemails stopped working and the calls never got returned. Nice. )

    The whole thing is here : http://immigrationvoice.org/forum/showthread.php?t=12576

    This is something for everyone to watch and learn:

    I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.


    The cardinal rule of working with untrustworthy employers is that you need to use ONLY YOUR OWN LAWYER.
    The lawyer must be having you as client and also must not have your employer as his client for other cases matters. ONLY then, the lawyer will be working in YOUR interest and not in your employer's interest.

    I think people browsing this site by this time, must have learned one thing and I sure have said that a million times.

    IF YOU CANNOT TRUST YOUR EMPLOYER 100% THEN YOU NEED TO SHELL SOME $$$ AND HIRE YOUR OWN LAWYER FOR ALL LEGAL MATTERS AND ALL PAPERWORK, FILING, PETITIONING ETC. EVEN H1 RENEWALS.

    At the end of the day, between your first day in United States and the day you get your GC, it will cost you nearly 10,000 to have your own lawyer and never use the company-provided free lawyer.

    Having your own lawyer means:

    1. You pay him, you employ him, he is accountable to you, not your employer.

    2. He/she works in your interest, not the employer's interest.

    3. If your employer is not co-operating, you will know right away.

    4. Your employer would have to come clean and truthful about his intentions of not filing 485. When you have company's lawyer, then the company's lawyer is not going to listen to you. WHY? Because you are not the one paying him. Your employer is.

    5. Full transparency and visibility, whenever anything is filed, receipt is issued, RFE comes, reply to RFE goes, etc. With employer's lawyer, you have 0 visibility and you will land in situations mentioned above.

    The money you think you are saving with getting a "Free" lawyer is going to cost you much more. The employers are not stupid to provide you free lawyers. The reason they tend to have free lawyers for you is so that they can have total control over your immigration case. Its "Free" for you, but not really. Coz at the end of the day, it costs 10 times more in terms of lost opportunities and delayed immigration. The employers are in the business of doing business and for them, providing you a free lawyer is COST OF DOING BUSINESS because by incurring that cost, they maximize THEIR OWN OPPORTUNITIES to retain you on their payroll for the longest possible time. You may think you are saving money, but this isnt about money.

    Its about opportunities and the battle for most opportunities for oneself and the least opportunities for the other guy.

    So when you end up spending 10,000 out of pocket on lawyer's fees for H1 renewals, labor, 140, 485 etc, consider that as an opportunity cost.. Just like you need to spend $500 per month on gas and car to be able to get to work, you need to spend a few thousand in order to be able to get opportunities you really want in this country.

    One more thing before you go out and hire your own lawyer:

    After reading this, if ever you are in search of hiring your own lawyer for immigration needs, make sure that the lawyer has never done any business with your employer. Otherwise it defeats the purpose. You need to ask your new attorney, if he has done or planning to do business with your employer. If he has, or plans to, then dont hire him. Why? Because its obviously conflict of interest. You are asking your lawyer to work in your interest (faster and mistake-free GC filing) and your employer wants to opposite. Its is unethical for lawyers to work for 2 clients with conflicting interests. Also, ask your lawyer before hiring that YOU NEED HIS FULL DISCLOSURE if he plans to do business with your employer. That way, you know that your lawyer is acting in your interest without any possible conflicts. The problem with getting your employer's recommended lawyer is that your employer pays him nearly 50-60 thousand dollars a year in fees, you are a $1000 a year client. Obviously, at the nudging of your employer, suddenly your 485 might get screwed up by your lawyer.





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  • eager_immi
    06-20 07:39 PM
    My Lawyer put the A# from the EAD used during OPT. She put OPT in brackets and mentioned to me that USCIS will change this A#.



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  • lkapildev
    02-12 04:12 PM
    There are 20000+ viewers on this website why only few 1000's are serious about fighting with BROKEN immigration system.

    Now see EB2 is vanished on 1st qtr on FY.

    You did not join DC Rally because of your priority thats OK
    You have not contributed anything to IV thats fine

    It's NOT just fine if you don't send a letter what is being requested. You can't be always seat back and enjoy the show. Be a brave like "Chatrapati Shivaji"

    http://immigrationvoice.org/forum/showthread.php?t=16506

    You should not be scared of sending your name etc. These letters will go to lawmakers office.

    Please support IV for this. "IV is all of us"

    IV you will have my & few of collegues letters in your mail box. Best of Luck for this good initiatives.

    Flower Campaign
    DC Chalo
    Letter Campaign
    Virtual Compaign(My Idea) Create an website with each Lawmakers name and add supports for legal immigrations for example. Collect all positive thoughts for each lawmaker about legal immigration and post it on those respective websites.

    ralphsupportslegalimmigrants.com





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  • sdeshpan
    07-21 03:13 PM
    Has your experience via Delhi been any different (better/worse) than Bombay...mostly in terms of harassment by customs officials etc?





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  • tdasara
    06-12 07:06 PM
    Investing in a company -> Yes (shareholder)

    Own a company -> No

    On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

    No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

    This has been my research on the internet and is not from a legal advisor.





    asiehouston
    12-13 02:00 PM
    Hey Guys, count me in too





    hpandey
    06-19 10:29 AM
    Before answering something like this, you should know what you are answering.

    I think you should explain what you are saying . going back to your previous posts you don't seem to be a particularly well mannered individual.

    I tried to help the guy best to my ability and I said what I believe to be true. If you can prove that I said something wrong then you should say that with appropriate links.

    I don't see any harm helping others who are trying to walk on the same path of immigration as we did legally.



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