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  • chi_shark
    11-25 11:01 AM
    i have dumped h1 and am on ead... i am on a job for which they were not going to do H1... and am having real good fun, have a inc company on side and am working to set it up so that i can leave my job and work on my own...

    essentially, i am taking a very optimistic view of things... thing is i know that there are cases of illegal people doing great in their lives... disabled people winning medals, then my immigration demon is such a small one!! so should i worry about all this and screw myself up? or should i just do what i gotta do? I chose latter... if bad things have to happen to me, then anything could happen... are the odds of gc rejection more than losing my job (in this economy?). i mean... there could be so many things going wrong!!! plus, i dont think this gc process was made for f***ing people up... it is surely a long process, but that does not mean it is uncertain to the extent that rejection is certain!!! hence my choices...

    have fun! and let me know what you decide...

    I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.

    I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.

    We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)

    I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.

    One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).

    1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?

    2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.

    3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.

    4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)

    5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.

    I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).

    I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.


    Your 2 cents please !!!!





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  • garybanz
    12-03 03:55 PM
    Most of the people on Immigration Voice come here for legal advice regarding immigration, what if IV negotiates a good rate with 3-4 Immigration attorneys and recommends those attorneys to members? Attorneys would get business due to IV recommendation, IV will get referral fee ($100-$200) per referral and members will get discounted rates from good attorneys.

    Do you think this can work?

    Cheers.





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  • pbojja
    06-12 06:06 PM
    This is really sad that they count all dependents under employement category. USCIS should treat all categories in same way. Can't we raise this issue?

    Thats a very good point , If they dont count the dependents in Family based cateogry , why are they counting in Employment Based cateogry . Again may be rules are different but we can defiently raise this question

    IV what are your thoughts on this ?





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  • AirWaterandGC
    07-16 02:15 PM
    Signed it !



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  • gsvisu
    07-15 06:46 PM
    done





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  • GCmuddu_H1BVaddu
    04-02 09:53 PM
    I hardly believe your story. Your written english doesn't seem like you are a H1-B guy form the other counrty unless you are from Canada. Why the f'ng game, what do you need? Now tell us another story that you are from Canada.

    @snathan, sorry pal i thought you must those fake identities in disguise who could pull you back from filing a complaint since they were one from the run, anyways with your suggestion the consular processing i understand there is a chance to come back, but to be true these 3 months have set me back by 3 years, with the consultant not picking my call when i want to ask him about the situation, running from company to company to attend an interview, they all taking a 5-6 hour interview and then then getting back 2 months later only to tell you that
    they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.


    @uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help

    @roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions

    @poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
    their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
    Seems like there are victims falling for this modus operandi time after time.

    @HRPRO thanks for the suggestion

    @GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
    it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.

    I need help on the procedure of documents to be submitted , please help me on that as well.



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  • learning01
    02-01 01:08 PM
    it is pure exploitation of physicians on j1/h1 visas. And everyone know about it, including the law makers.

    People finishing residencies and fellowships on j1 visa go through some unscroplous lawyers and agencies and manage to get a waiver job by spending at least 20 to 25K.

    What I want to say is, entire system is like this. Just not consulting companies





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  • guyfromsg
    07-17 10:26 PM
    After you apply for AP its only 1 year H1 increments.



    Can you please clarify on this; If 485 is not current at the time of H1 extension and if 140 is approved should get 3 year extension. How does applying for AP change this? Do you mean using AP when traveling or mere applying of
    AP will make you not eligible for 3 year extensions?



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  • panky72
    06-18 11:01 PM
    You probably didn't get my point.

    I am trying to distinguish between 'offering to cover' vs 'actually have covered'. There could be a lot of difference.

    I get your point. I have not used it so far. I figured if need arises and the insurance company refuses to pay then there are legal avenues to claim money from them.





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  • sobers
    02-22 11:16 AM
    Thanks Guys! Actually it is I who should be thanking you for all the great work and leadership you are showing:-)

    I'm working on framing a letter to Karnik. In the meanwhile, here is what his email should be:
    kkarnik@nasscom.in

    They can also be contacted via
    http://www.nasscom.org/contactus.asp

    Their advocacy of H1B visas, particulary at this time, will harm more than help us...



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  • The7zen
    03-11 12:14 PM
    No offense to the OP and Thanks for posting this, but this thread is kind of diverting us from some of the efforts currently in progress, we are again playing the prediction game.
    Lets contribute to the FOIA funding drive and get the right information.

    thanks,
    7zen





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  • nogc_noproblem
    03-13 01:17 PM
    Awesome

    Folks,
    This my copyright and very much pertain to our situation:
    *********************
    I left my world in search of prosperity
    The prosperity is taking an eternity
    My struggle is long and daunting
    Making it more and more frustrating

    Life at times seems uncontrollable
    Flowing with the time unstoppable
    Graying hairs testify for the feeling
    Fat belly making me further unappealing

    Sometimes I think of going back
    Try to gather the courage that I lack
    But the world I left is not the same any more.
    And the world I am in, has lost its lure.

    I am on the crossroad of my life
    One is forward, one is left and other is right.
    I don�t like the choices shown
    May be I would have to create a world of my own

    ***************
    Thanks



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  • kevinkris
    10-06 08:00 PM
    What i think is add this in your short term goal:

    In case we need to go back we should have atleast a flat (completely owned) to live and work.

    This is the minimum advantage of coming to different country to take all these struggles.


    Guys,

    I know this is immigration forum , so People who are not interested in this thread please ignore.

    Considering the State of Markets and Global economy.

    Do you guys think it make sense to buy a Flat/Single family house in India , I am going to india in Mid october. Should i take the lunge and buy some proerty there...This would be the first home..so no Home equity Loan..It will be on 12% interest Rae from some indian bank.


    Please throw some ideas..





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  • walking_dude
    12-03 11:14 AM
    IMO, this is the biggest problem plaguing IV - perception of IV as just another online forum (community) or a "chat room" as a newspaper reporter put it ! (http://www.freep.com/apps/pbcs.dll/article?AID=/20071123/NEWS07/711230422/1009) (under the heading "Taking Action").

    This point IV = chat room has come to the fore, several times in discussions. A lot of persons have refused to join IV efforts with the ruse "IV is just an online forum where members discuss mundane matters". Whether someone admits it or not, IV has a serious image problem !. It needs to be corrected soon (by more than making another announcement type "We are not a forum" post !)

    Strength of an(y) organization comes from contributing, active members. And not from MINOWs (Members-In-Name-Only Wusses)



    ...

    Strength of online communities is always the members...the higher the members the better.

    ...



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  • indianindian2006
    03-13 01:16 PM
    Does any one know what the EX and FX categories mean?

    employment and family





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  • anzerraja
    07-19 07:06 PM
    Thanks once again.

    Will do



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  • anzerraja
    07-19 07:37 PM
    There is a funding drive in this other thread towards these expenses.

    http://immigrationvoice.org/forum/sh...874#post125874


    Could you please pledge an amount ?


    Great Job.





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  • GCard_Dream
    01-29 05:15 PM
    Do you have a link to this news/alert?

    01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007

    * Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
    * The planned implementation day appears to be April 2007. But it can be earlier!





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  • funny
    10-10 12:36 PM
    ICICI bank will cheat and steal your money. Beware. Also they are exposed to this financial crisis and the news is not coming out. I heard that so many people withdrawing money from this bank.

    Check with others.


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    cgs
    01-29 07:26 PM
    I know a lot of people using pre approved labor certs waiting for GC. What happens to them? I think this rule will affect only those who are trying to do Labor substitution in future.
    * Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.





    gc28262
    03-11 01:01 PM
    No offense to the OP and Thanks for posting this, but this thread is kind of diverting us from some of the efforts currently in progress, we are again playing the prediction game.
    Lets contribute to the FOIA funding drive and get the right information.

    thanks,
    7zen

    This thread should not divert our attention from FOIA action item. We just got some information through senator. It does not have enough details to conclude anything.

    This response should help us to focus on what to ask for in FOIA/efforts through senators. It is a pointer that we won't get the required info unless we clearly specify what we want.



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