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  • desi3933
    03-21 08:04 AM
    The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.

    This is incorrect (highlighted in Blue above). Just because new H-1B petition is approved, old I-797 is not canceled. Again, gapala, understand this, if old I-797 is not canceled, beneficiary is authorized to work for old employer for I-797 validity dates. Unless, Employer request to cancel H-1B petition, employee can come back to work for that employer even after starting working for Employer B.

    Gapala - One more time, during the validity dates of I-797, employee working for old employer is not "unauthorized work". OP was authorized to work for "Employer 2".

    If its a transfer, your I-94 "number" will be same. Check to see if you have same I-94 number on any or all or atleast 2 of your I-94's including the one which they provided you at POE "across" any of your employers (1, 2 and X).

    As I stated beore, matching I-94 number does not mean much. I-94 number will be same for cases of change of status from, say, H-1B to B1. On the other hand, I-94 number could be different for H-1B transfer.

    Gapala - I have noted that you provide lot of incorrect info in your posts. Please be careful in what you write.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • mbartosik
    02-28 06:11 PM
    I mailed to IV a batch maybe 70 today. My balance somewhere over 100 (about 117 I think)
    Probably won't arrive in IV PO Box until Monday.




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  • wandmaker
    02-29 01:27 AM
    Let us pull this thing together, Go IVans Go!




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  • dish
    03-16 01:05 PM
    There is a site called http://www.hvisasurvey.org which conducts surveys about the lives of poeple on different H Visas. They were lobbying for H4 work authorization and protection under VAWA for non-immigrant woman.

    I have a suggestion. Why not ImmigrationVoice Join with HVisaSurvey and Lobby for more rights for H4 Visa Holders.

    At least the H4 should be allowed to work if the labor certification is pending or the I-140 is approved for the H1 visa holder. Waiting for I-485 to become current is a long wait. Why nobody care about H4s. L2's got work permit because the big multinational companies who used a lot of L1 visas lobbied for it.



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  • ash0210
    12-01 07:33 PM
    How about sending $1 check to USCIS Director Martinez as he is raising processing fees for every application?




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  • Michael chertoff
    03-28 03:52 PM
    I never asked anyone send the check to my personal account....and no one is donating the money
    based on my reputation or profile information.

    OK.. what is your PD?

    Thanks

    MC



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  • LostInGCProcess
    10-21 01:06 AM
    Finally, I got the PIO card. It did not take long after sending a $20.00 MO, I got the PIO card in about a months time. The total time it took me was about 2 and 1/2 months...although they claim the processing time would be at the max. 45 business days.

    The PIO card looks pathetic. Its hand written and the passport like book looks too cheap. Crap looking PIO card.

    I saw the new PIO processing fee, includes the return postage, which is a good thing. No more calls to anybody asking to send again the postage fee...seems to me the Govt. of India, plugged this little hole.




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  • gaz
    04-10 02:21 PM
    But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me.

    are you asking for access to threads based on the motto? Now that is like the beggars feeling entitled to others money, or illegals felling entitled to citizenship.

    Lose the feeling of entitlement - its only going to make you look like a loser.

    I did like the idea of "earned" access to forums. So if someone has sent "X" no. of faxes through IV or contributed by actively and noticeably and is recommended by "X" no. of people they should have access to paid forums for a defined timespan (eg. earn 1 months access by sending faxes) Letters are not really verifiable so not adding this here. Going the earned path would not alienate many members who may not have contributed recently - but nevertheless are still contributing otherwise. People who have contributed in the past can be retroactively given access for a month for every $25 they've contributed.



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  • santb1975
    05-01 04:21 PM
    Did we reach 10K yet?




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  • l1toh183
    06-15 08:40 PM
    Hello,
    I am currently working on L1 B in a comany X, I applied for H1B in 2007 through a company Y and my petition got approved, in Nov 2007 they applied for change of status regular processing, in Apr 2008 got a RFE , consultancy responded back to USCIS shortly after it, still waiting on for change of status ............
    is there anyone out there in a similar situation, please share your experiences

    Thanks in advance for your response



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  • needhelp!
    02-15 02:12 PM
    Friends rule!

    Just heard that my friend has collected 20 petition letters for me, thanks Tarina! Very excited to be at 194 this morning :)




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  • eager_immi
    02-13 02:27 PM
    Logiclife. I know why you are responding to these comments you all are frustrated with such comments. I know it is hard to not respond but please ignore these asinine comments. Please have some of these comments linked to the main page. But believe me "barking dogs seldom bite." Such people will ultimately sap your energy. But, just like how IV is asking people to contribute please also ask them to use their own judgment, they do this at their own risk. There are many people like us who have faith in your group although we know you cannot do miracles. Please have faith and I sincerely request to all members & moderator that once we see these comments let us move this to the some thread called �IV bashing thread� and let the rest of us completely ignore them.

    Yeah. We know that. A lot of people think IV cannot get anything done. IV never promised that we will cause CIR to happen. We never promised that we will cause SKIL to happen. They all happen, mostly on their own. There are other factors.



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  • mshelat
    05-16 12:43 PM
    There are several benefits to media coverage.

    You create awareness and build alliances.
    You give the other party (in this case congress) an opportunity to correct the problem.
    You get reporters to do additional investigate work that may help you build a case (This has already happened).
    You have an opportunity to correct public misconceptions, such as that all ITIN filers are illegal aliens, and thereby reduce the chance that the public will support such action in the future.


    Wikipedia also has good interpretation of rebate and ITIN. It clearly mentions

    "Taxpayers who filed their returns jointly are not eligible for payment if any of the persons on the tax return filed with an Individual Taxpayer Identification Number (ITIN) instead of a social security number.[4] For example, if a family of five had one parent with an ITIN, no money is payable to any member of the family, including US citizens with valid social security numbers.[7] As a result, many legal resident aliens and overseas military families will not receive any payment. US citizens who will not receive payments include those who have a parent or spouse who is not a citizen and who does not qualify for a social security number (not authorized to work in the United States). [8] US citizens may amend their tax returns to file separately, but in most cases this results in a lower deduction for dependents, thereby canceling any benefit from the stimulus payment. In many cases, it is better to forgo the stimulus payment than to file an amended tax return.[9] At least one million legal residents and tens of thousands of troops were affected by the law, which was designed to keep illegal immigrants from getting stimulus checks. [10]"

    Wikipedia understands situation better than some of the lawmakers.




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  • rogerdepena
    02-12 05:52 PM
    This story reflects what I am going through right now. H1b/H4 issues puts a strain in a couple's relationship. Don't really know when the camel's back will break--I hope it won't. Why do bad things happen to people that play by the rules? :(



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  • newyorker123
    05-19 09:01 AM
    Dear Mr

    Thank you for contacting my office with your thoughts on immigration reform. Your correspondence is highly valuable, and I appreciate your sentiments.

    Like you, I am deeply concerned about our current immigration system. I support a comprehensive immigration reform strategy that will end illegal entry and effectively address the reality that 12 million undocumented immigrants are currently living in the United States , many of whom hold jobs, make significant contributions to our economy, and have children who are American citizens.

    As you know, immigration reform requires action on many fronts. The Department of Homeland Security does not have the resources to adequately protect our borders, and the system for legal immigration to our country is broken. Citizenship and Immigration Services must be reformed to eliminate the unacceptable backlog of immigration applications for legal immigrants and effectively track immigrants granted legal entry. We must also be sure that the current laws on the books - which require employers to verify immigration papers - are enforced. No one wants to make this task more onerous or burdensome, but if we reduce the demand for labor from illegal immigrants it will lead to fewer people entering this country illegally.

    Agriculture is one of the most important industries in upstate New York . While some farmers can find sufficient labor locally, many can not find the workers who allow them to keep their family farms in business. I do not support cutting off the labor supply to upstate farmers who depend on seasonal workers to run their businesses. America 's farmers should not be punished for government's failure to adequately police our borders and implement a reasonable, transparent guest worker program.

    Congress faces the urgent task of enacting comprehensive reforms that will preserve the traditions that have made this nation great, while addressing the security challenges we face. As debate continues on immigration, please be assured that I will work with my colleagues on both sides of the aisle to reform a broken system in a way that protects families, respects human rights, strengthens our border security, and enforces the laws of our country.

    Again, thank you for your opinion and letter. I am most appreciative. Should you have additional comments or questions, please do not hesitate to contact me. My door is always open.

    For up-to-date news and information about our district, please visit my website at Congressman Paul Tonko : Home (http://tonko.house.gov) and sign up for my E-Newsletter.

    Sincerely,

    Paul D. Tonko
    MEMBER OF CONGRESS




    Thank you for your e-mail. Each and every piece of correspondence I receive is important because it allows me to better understand the New Yorkers I serve in the United States Senate.

    As you can imagine, my office receives a great number of messages every day regarding a variety of issues � this is particularly true of e-mails. It makes me proud to know that my constituents take an active role in our government by corresponding with me, and I look forward to responding to your concerns in greater detail. In the meantime, I just wanted to let you know that your e-mail has been received, and to ask for your patience until I send you a more detailed response.

    Again, thank you for writing. Please feel free to visit my website Senator Charles E. Schumer (http://schumer.senate.gov) to follow my work in the Senate and to learn more about the services my office can provide to you.

    Warmest regards




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  • gcbikari
    05-19 12:06 PM
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  • waitnwatch
    06-09 01:27 AM
    All,

    I have been a passive follower on IV for few weeks now. I read the news clippings that people had posted where there was some Gautam Aggarwal who felt the point system was good. I see a press release from him that I saw floating around some mailing list.

    Quite honestly even though lots of us disagree with him, he does make a very valid point. IV should consider clubbing US educated people such that 2 separate quotas can be created. Instead of banishing him as an elitist look at his point he is making by just marketing how the country is using the educated. Using a well respected university name is no different than talking about how we legals pay taxes etc. Just because we are educated and better of that the illegals as an argument is no less than elitism in that sense. I happened to go through gautamagg's post after the Guitrezz rally - read his message again sans tone. He makes a point. This CIR bill could have been good for us if we approached it positively looking at US educated people as a group too. Also his statement on the AP report about MPS being good is not totally incorrect in an environment where both EB and MPS may exist - if we can get that i.e. EB and MPS keeps both sides happy and we should fight for that. I emailed gautamagg and he did mention that the AP report cut out that part of his statement and told me to verify that with the reporter if I wished to. I think we guys need to be less passionate before we throw stones at others. IV is definitely doing a great job but people should share opinions openly on strategy - we are all humans and we may have missed an important aspect at IV - most IV folks seem to be non-US educated consultants and therefore disagree with Gautam. We really are 2 diff groups who want the same result with better partnership. My 2 cents. His press release:

    For Immediate Press Release: May 28, 2007

    “Grand Bargain” Immigration Bill creates issues for International Students in Economics, Finance and Business

    Mountain View, CA – May 28, 2007 – The US Senate is actively debating the proposed “Bi-partisan Grand Bargain” Immigration Reform bill. While the bill does have many provisions to attract educated people from outside the US, it also creates restrictions for people with an economics/ finance background.

    One of the proposals is to introduce an additional visa category for people coming to the US for graduate study. Though the proposed F-4 visa category is welcome by the international students’ community, it is unfavorable for people with a non-technical background or for people with a technical background who would like to gain additional skills outside of technology to be successful entrepreneurs. The proposed category, called the F-4 students visa, allows international students two major provisions that the existing student visa, the F-1, is restrictive in:

    1. F-4 students do not have to prove a non-immigration intent. Unlike F-1 visa applicants, students coming on an F-4 visa will have the ability to have a “dual intent” at the time of applying for their visa, while entering the Unites States, or while maintaining their F-4 status in the US. Such students can have a pending Green Card (GC) application or can apply for one while on F-4 status. This is in contrast to the existing F-1 category in which a previous or current intent to immigrate to the United States negatively impacts a persons ability to obtain an F-1 visa.

    2. Under the F-4 visa, instead of 12-months the students will have up to 24-months of Optional Practical Training (OPT) available after graduation. The larger time window will help students evaluate employment options while staying agnostic of visa issues.

    The bill restricts the F-4 visa to people who would attend advanced degrees in the fields of Science, Technology, Engineering, and Mathematics (STEM). Such limitation to STEM alone would negatively impact the inflow of international students to other graduate programs such as Finance, Economics, and Business. In today’s dynamic global economies, technology and business work together. Over a third of the MBA class in top US schools such as Wharton, Stanford, Harvard, and Cornell comes from a technology background. Restricting these provisions to STEM degrees alone will result in a severe shortage of highly skilled international students coming to the US for an MBA due to an advantage the STEM degree holders will have over them. This will impede the abilities of many “technologists” to obtain business and finance education and will reverse the positive trend in places such as the Silicon Valley where many engineers turn into successful entrepreneurs creating wealth and job opportunities for many Americans and add to America’s competitive edge.

    While the Senate has shown foresight by introducing the F-4 visa that helps in retaining people with advanced education from the US, it remains a very myopic solution to the problem it intends to address. Next week, the Senate comes back from recess to discuss amendments to this bill, this press release appeals to the Senate to consider enhancing the provisions of the F-4 as well.

    Note: Hundreds of people are affected by this already. With a Masters in Computer Science from Cornell University, 7-years of technology experience in the Silicon Valley, and after paying over $ 150,000 in taxes, Gautam, issuer of this Press release, may be unable to join his MBA class at The Wharton School this year. Because he had once started his Green Card process and established an “intent to immigrate”, it is difficult for him to reverse the process and obtain a students visa. Over 3-4 years of processing wait times has resulted in many people such as him to give-up their applications in lieu of additional education. But, their past intent looms over their very uncertain future: 22 of them have connected with each other and pray that their Indian Gods stay happy with them on the day of their student-visa interviews in India and that reason and common sense prevail.

    ###

    Contact:
    Gautam Aggarwal
    gautam.aggarwal@gmail.com

    I would beg to differ on the issue of a Merit Based System being good for us and I have a US Ph.D in a STEM field with over 5 years of post degree experience.

    I have calculated that a Masters in Computer Science with 5 years experience will get more points than a Ph.D in say Civil Engineering because of two reasons (1) Computer Science is a high demand field and Civil Engineering is not. (2) A Ph.D may take around 6-7 years to get and by the time this Ph.D gets 5 years experience he may be touching 40 and not even getting the points allotted to those under 40.

    If you are a professor in Civil Engineering from India or China and even have tenure there is a big chance that you would not get a green card given that there will be a 10% country limit.

    Wouldn't you think that such a system would be seriously flawed or do you think that Gautam is correct I am myopic.

    IV may have a predominance of non US bachelors in its membership but most of its core have US degrees. So if you look at what IV backs you would find that even though they cannot fit in every individuals tailored requirements they very well realize what is for the greater good.




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  • jsb
    08-06 11:50 AM
    You stand a better chance of getting it through your kids if they are citizens than getting it through EB3. There are a few options to get green card faster. Canada is not one of them.
    1. Get a Ph.D, get a job in a univ and apply in EB-1.
    2. Get a MBA and get a management job and apply in EB-1.
    3. Become a religious worker in some temple and apply in the religious worker category.

    Fun apart, if you feel comfortable that you can find a job of your liking, and you believe your background will qualify you for a PR, consider Canada. It is a good place to live. You never miss home there. I am a Cdn citizen and have lived there for many years. Most likley I'll return back to Canada when I decide to retire. I know at least one person, who after living in the US for 11 yrs and unsuccessful in getting a GC, chose to make Canada his home, hoping to be there just for 3 yrs (needed to be a citizen), and then return to the US on TN permit. He has been in Canada for 8 yrs, and does not want to consider to move to the US any more.

    Canada has a bit slower life, but is better socially and people are friendlier. It has less professional opportunities, lower pay and more tax. Yet, overall I think Canada is a better place to live. Why am I in the US? Purely for professional reasons. I visit Canada quite frequently, which I consider as my home.




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  • grupak
    02-26 10:05 AM
    Those 22,000 members, its a simple letter. Just grab a template and write it. IV has been working hard for us. A simple act of mailing that letter would help everyone here a lot.

    Just do it!




    pa_arora
    03-05 12:11 AM
    If they are going to give out the information, then it should be ok to pay $5k.

    Questions are:
    a) How soon will the work be finished?
    b) Can they please integrate this request into their processes that they generate the numbers periodically, such that visa bulletins reflect demand appropriately?
    i think if we are paying for something we should have the ownership it too.

    lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.




    dish
    07-17 08:34 PM
    Now the USCIS had made july bulletin Current again, Everyone with an approved LC can apply. But after Aug 17th The Visa numbers will be unavailable again. USCIS is not going to approve many 485 in this one month period. There may be few lucky ones to get approval between july 17th and aug 17th.

    But PD matters when the new fiscal year starts in october. If the dates are retrogressed to 2003 or 2004, USCIS will approve 485 that have PDs before the retogressed dates. Above all Backlog centers are committed to clear their backlogs before sep 30 2007. So there is still hope for those stuck in Backlog Centers that their PD is valuable when retrogression strikes.

    Also expect huge delays in getting EADs and APs. IV should urge USCIS to issue interim EADs if EAD is not issued within 90 days.



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