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  • rsayed
    04-27 06:52 PM
    Hagel Introduces Legislation to Deal with Illegal Immigrants Living in the U.S.

    A new Senate Bill has been introduced.

    U.S. Senator Chuck Hagel (R-NE) has introduced �The Immigrant Accountability Act of 2007.� The legislation would create a merit-based point system to deal with those living in the country illegally. Those who receive enough points would be put on a pathway to earn citizenship after 13 years. Under Hagel�s bill, no person here illegally would be able to jump in line ahead of someone who has applied for citizenship legally.

    So, on the Illegal side we have:

    Senate Bill: Hagel with The Immigrant Accountability Act of 2007
    House Bill: Flake with the STRIVE

    On the Legal and High-Tech side we have:

    Senate Bill: Cornyn with SKIL Bill
    House Bill: Shadegg with SKIL Bill

    Senate Discussion: Last two weeks of May 2007.

    Let the engines start.

    ...ANOTHER Bill?????? I guess this HAS to be the year with the MOST number of Bills being introduced in House/Senate - Now, it's getting confusing. Which one do we root for? Which one do we ignore???

    Jab upar wala detha hai, tho chappar phaar ke detha hai!
    (Loose translation in English - When it rains, it pours!!!)




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  • noone2day78
    02-19 08:11 AM
    ohh is this really true? can u specify a source for this ?
    ^^^^^^^^^^^^^




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  • hmehta
    08-04 03:40 PM
    Well, there are some clauses under which if you take out from 401K, you won't be penalized.




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  • onthelines
    03-24 01:02 PM
    I listened to it at the end. Great job Mark...



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  • chanduv23
    07-06 09:49 PM
    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris

    Issuing RFE or not is an individual decision taken by the officer. In most cases, RFE is issued when 140 gets revoked because an underlying job offer is a necessity. Even if you sent AC21 letter, as long as your 140 is still intact, the officer may chose not to issue an RFE.

    Some people have received RFEs in more than one ocassion. Once when 140 was revoked and once during preadjudication process. So if for some reason USCIS decides to do a second round of preadjudication just because they have not other work or any specific reason then we may expect RFEs (This is something I made up - I don't think there will be another round of preadjudication.

    Informing USCIS in advance helps rarely but maybe useful at times if you know your 140 could potentially be revoked and in a lot of cases 485 gets deined as a result. The MTR filing process can include a communication trail about informing USCIS which could be of help.




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  • go_guy123
    09-14 03:34 PM
    Obviously this is illegal you should report to DOL ...read the posting in this forum it has been
    discussed at lenth. WH-4 cmplaint letter etc.



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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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  • eastindia
    09-23 10:59 AM
    This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?

    You are an anti-immigrant.



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  • ruchigup
    08-22 03:11 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation




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  • sapota
    01-02 02:51 PM
    One of my friends with a Phd in EE had to do something similar at Chennai consulate and had to wait for like a month. I guess Phd + research might trigger such paranoia among Visa officers.



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  • GCBy3000
    08-23 04:28 PM
    I dunno from where they come upwith number. From the same site look at this link

    http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
    EB - 2001 2002 2003 2004 2005
    43129 39289 29712 28624 21290
    and compare with

    http://travel.state.gov/pdf/FY05tableII.pdf

    and compare with below data.



    YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)



    2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
    2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
    2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
    2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
    2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
    2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)


    These figures are from this link
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html




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  • cdeneo
    04-02 10:12 PM
    Related question:

    You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?

    Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.

    Would like to hear from others of what they think about this?

    The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.

    According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.

    Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.

    Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.

    Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.

    Ams



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  • NKR
    09-22 10:34 AM
    Thanks NolaIndian. Looking at your profile I think I am being impatient. You deserve your GC before me, but I hope I get mine the very next day you get yours :). I am not far behind.




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  • MahaBharatGC
    08-15 10:22 AM
    I dont think that the priority dates will become current by next year october for 2003. I really pray for that to happen as we are all going to go through...
    We all know that working as a consultant without GC is very risky when market goes down.
    So, play your cards safe....



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  • Steve Mitchell
    October 19th, 2003, 11:44 PM
    Great shot Don....I like that image a lot.




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  • makemygc
    09-19 07:21 PM
    Hi Joozz,
    I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
    Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.

    Hope this helps,
    MakeMyGC
    Hi guys,

    Is there anyway somebody can give me an advice what to do?

    My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
    Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
    Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
    I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
    Thanks in advance.



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  • ameryki
    02-27 09:03 PM
    I resubmitted my I-485 petition sometime Nov 2008. So far no receipt, made a query with USCIS. Now I got letter from USCIS saying that they did not found my package, they want me resubmit with all the evidence and previous of copy of application.

    We have been planning to go to India and get it stamped since we are in 6th year. My company is such a lowsy company (If god is there, he should punish this BLOOD SUCKING TECHNOLOGIES COMPANY HEAVILY) they will take resubmittal of 485 for another couple of months.

    Should I have to wait some more time and just send family for their trip mean time? Write letter to OmBudsman....


    mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?




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  • rp0lol
    08-26 01:30 PM
    Also, keep in mind that sometimes you don't get your passport back in time for H1 stamping. So, if you are stuck without passport then .....(you know the rest)




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  • seba
    09-24 01:31 PM
    Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.




    eagerr2i
    07-16 11:37 PM
    W-2 is from the employer, that you got paid. Tax return is form 1040 you filed with IRS




    thomachan72
    09-04 02:09 PM
    Good. Let us collect a list of people who died and pray for them.

    I you could add their PD and Category also, would be nice.

    Funniest thread and indeed your reply was the funniest for today. I cant stop laughing..really.. you answered so seriously but yet hiding so much humor in it.. wonderful.
    Isn't there an online community for people from andhra? why chose IV for these prayer requests? Previously it was praying for SRK who apparently got raped at the POE and now for all dead people??
    Even the thread anouncing the members who got freedom this month is being drowned by these discussions. There is enough to celebrate this month...lot of our brothers / sisters have been greened...let us celebrate their freedom and forget our misseries for some time.



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