copsmart
01-23 01:08 PM
To be brief:
Any location restrictions when using AC21?
I�ve been laid off as of Friday last week.
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
Any location restrictions when using AC21?
I�ve been laid off as of Friday last week.
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
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lazycis
02-12 05:07 PM
It's not possible to achieve this without changing the INA.
It's a legal requirement that an immigrant visa is immediately available to an applicant at the time AOS application is filed.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
It's a legal requirement that an immigrant visa is immediately available to an applicant at the time AOS application is filed.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
elliptic
05-11 10:59 PM
You do not need to have an SSN in 2008, since you can apply for the stithmulus payment in 2009 if you did not get it in 2008. This rule is posted on the IRS website.
The IRS webpage is saying something different. It makes it clear that you need the
SSN in 2008. (Second and last question on
http://www.irs.gov/newsroom/article/0,,id=181995,00.html)
Please do not refer to the stimulus payment as a rebate in any communications you have. It is not a rebate, which implies the return of money paid. Many people who earn no taxable income can apply for the stimulus payment. This makes it different from any tax scheme. The fact that the IRS administers the program does not prove that it is a tax program.
This is what I did. But the argument is not strong. The same applies to the
additional child tax credit. I got more money back then I paid, i.e., I had to
pay a negative amount of federal tax :-) (So this country is so mad that it
gives me an H1-visa for working and in addition pays me some money
for staying here.)
Anyhow, the IRS seems to offer a solution now:
Q. If I have a spouse with an ITIN and therefore choose "married filing separately"
status to qualify for the economic stimulus payment and later on amend my
original return to "married filing jointly" status, will I need to return the
stimulus payment?
A. No. [New 4/14/08]
Unfortunately, I filed already in January before there was a stimulus law.
Should I amend my 2007 return now, then file my 2008 return, and then amend
my 2007 return again??? As reason I give to circumvent a stupid law.
The IRS webpage is saying something different. It makes it clear that you need the
SSN in 2008. (Second and last question on
http://www.irs.gov/newsroom/article/0,,id=181995,00.html)
Please do not refer to the stimulus payment as a rebate in any communications you have. It is not a rebate, which implies the return of money paid. Many people who earn no taxable income can apply for the stimulus payment. This makes it different from any tax scheme. The fact that the IRS administers the program does not prove that it is a tax program.
This is what I did. But the argument is not strong. The same applies to the
additional child tax credit. I got more money back then I paid, i.e., I had to
pay a negative amount of federal tax :-) (So this country is so mad that it
gives me an H1-visa for working and in addition pays me some money
for staying here.)
Anyhow, the IRS seems to offer a solution now:
Q. If I have a spouse with an ITIN and therefore choose "married filing separately"
status to qualify for the economic stimulus payment and later on amend my
original return to "married filing jointly" status, will I need to return the
stimulus payment?
A. No. [New 4/14/08]
Unfortunately, I filed already in January before there was a stimulus law.
Should I amend my 2007 return now, then file my 2008 return, and then amend
my 2007 return again??? As reason I give to circumvent a stupid law.
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kdasbiswas
07-23 04:50 PM
Vaman is great - extremely professional and knowledgeable. He responds to emails personally and very promptly. My company has been dealing with him since 2003 and we have had a great experience so far.
Hi - Does anyone work with Vaman Kidambi, bridgeport, CT. Please let me know the feedback on this lawyer.
Hi - Does anyone work with Vaman Kidambi, bridgeport, CT. Please let me know the feedback on this lawyer.
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anands26
02-13 12:03 AM
I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!
That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.
I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!
But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.
That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.
I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!
But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.
browncow
05-30 11:57 AM
I don't like getting my ass kicked. Hence, I refuse to fly Air India.
Last time I flew that Airline (Boston - Heathrow - Mumbai):
1. The crew disembarked at Heathrow. The transit passengers were not allowed to disembark.
2. The crew shut off the heat/power and opened the Aircraft doors (yes, it was winter).
3. They sent the cleaning staff in to clean/vaccum the plane with a lot of passengers seated.
4. At Mumbai, the airhostess was in some sort of a hurry shoving the passengers so that she could disembark first.
I've never had such experiences with AF. They are not racist. Airlines are not allowed to issue transit visas and anyone who has lived in France can tell you how insensitive and lazy their bureaucracy is.
Bad flying experiences do not equate to racism. It is strong word to use and I do not think it applies to this case. Yes, I have seen French show racism towards Africans, but this is not one such case.
There is a reason why Indians are required to take a transit visa. Coz, in the past there have been Indians (at EU airports) who have claimed that they have lost their memory, do not remember who they are, don't have any ID and hence qualify for asylum on medical grounds. Now these gov'ts are requiring ALL Indians to have a transit visa so that if anyone pulls such antics, they have all the information that they need to identify the individual and deport. Some bad apples have f&^%ed it up for all of us.
BR
I agree on your points of AF following the process.
But the burden here lies on the Airline Carrier, regardless of whether Indians have suddenly lost their passports or their memories, you simply cannot categorize everyone.
And this exact attitude is why we dont respect each other.
Oh, he is acting of being ill, or he is acting that he lost his passport. OR that indian is just lying that he never got his transit visa.
Even if this was true, it is the airport authorities at CDG or AF staff that should be managing that. Bcos of some history, every indian was treated like a dog?
And it is shitty that you are siding the AF guys, when your countrymen were illtreated. The attitude should be, I will first take care of my own brother and believe what he says, rather than going into the righteousness, which can be bent.
I will bring an incident from the Clinton administration.
There was this american arrested in Singapore for eating and spitting chewing gum on the streets of the city.
The president personally called the PM of singapore and got this person out, who was just an ordinary cirtizen, who actually had broken the law of another country.
So, I will believe whatever the Indian is saying over what the AF guys is saying. period.
Last time I flew that Airline (Boston - Heathrow - Mumbai):
1. The crew disembarked at Heathrow. The transit passengers were not allowed to disembark.
2. The crew shut off the heat/power and opened the Aircraft doors (yes, it was winter).
3. They sent the cleaning staff in to clean/vaccum the plane with a lot of passengers seated.
4. At Mumbai, the airhostess was in some sort of a hurry shoving the passengers so that she could disembark first.
I've never had such experiences with AF. They are not racist. Airlines are not allowed to issue transit visas and anyone who has lived in France can tell you how insensitive and lazy their bureaucracy is.
Bad flying experiences do not equate to racism. It is strong word to use and I do not think it applies to this case. Yes, I have seen French show racism towards Africans, but this is not one such case.
There is a reason why Indians are required to take a transit visa. Coz, in the past there have been Indians (at EU airports) who have claimed that they have lost their memory, do not remember who they are, don't have any ID and hence qualify for asylum on medical grounds. Now these gov'ts are requiring ALL Indians to have a transit visa so that if anyone pulls such antics, they have all the information that they need to identify the individual and deport. Some bad apples have f&^%ed it up for all of us.
BR
I agree on your points of AF following the process.
But the burden here lies on the Airline Carrier, regardless of whether Indians have suddenly lost their passports or their memories, you simply cannot categorize everyone.
And this exact attitude is why we dont respect each other.
Oh, he is acting of being ill, or he is acting that he lost his passport. OR that indian is just lying that he never got his transit visa.
Even if this was true, it is the airport authorities at CDG or AF staff that should be managing that. Bcos of some history, every indian was treated like a dog?
And it is shitty that you are siding the AF guys, when your countrymen were illtreated. The attitude should be, I will first take care of my own brother and believe what he says, rather than going into the righteousness, which can be bent.
I will bring an incident from the Clinton administration.
There was this american arrested in Singapore for eating and spitting chewing gum on the streets of the city.
The president personally called the PM of singapore and got this person out, who was just an ordinary cirtizen, who actually had broken the law of another country.
So, I will believe whatever the Indian is saying over what the AF guys is saying. period.
more...
santb1975
06-24 03:29 PM
Let us keep this going
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gconmymind
04-28 03:32 PM
Hurry up guys...let us make the first 10K latest by tomorrow....I will contribute another $50 then..
more...
krishna
03-05 12:47 AM
If you guys read the letter a bit carefully, it says they do not have information about the country of chargeability and they cannot share it with us. For $5K all we can get is a breakdown of how many apps are there in each category and then it will be a guessing game of how many are pending for applicants from India/China/ROW etc. Just something to keep in mind.
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suriajay12
04-10 08:20 PM
http://caffertyfile.blogs.cnn.com/2009/04/10/where-should-white-house-start-with-immigration-reform/
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nixstor
03-20 06:41 PM
Mr. Gotcher posts this today.
Controversy over calculation of "fall across" visa numbers (http://immigration-information.com/forums/showthread.php?t=4610)
Long to short, Mr. Gotcher thinks the explanation of Apr. VB is an error.
I will just quote the last two paragraphs. If you are interested with this topic, you can follow the link to see detail.
************************************************
This is where the controversy arises. Do these provision require the Visa Office to let unused visa number from higher preference categories �fall down� into lower preference categories before being made available to single state quotas, or can they move unused numbers from a worldwide preference category over to single state quotas while there is still demand in the lower worldwide categories?
The Visa Office interpretation is that if there are unused numbers within a specific worldwide category, those numbers may be made available to single state quotas even if lower worldwide preference categories have visa cutoff dates because they are oversubscribed. I believe that this is an error.
The visa office's interpretation is correct and if you read 202 (a) (5) it clearly says that the country limits should be ignored for unused visa numbers.
Remember that these numbers are first categorized and then assigned to applicants on a per country basis. In other words, a visa number if it is EB2, should be assigned to EB2 (no matter what) before it goes to EB3. If it is EB1 visa number and for it to become a EB2 visa number, there should not be any need for that number in EB1 category.
One reasoning why this was difficult to see is because CIS has essentially wasted so many numbers that people are unable to tell where the movement is coming from.
I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories. In 202 (a)
(5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.
B T W Ron G is very selective in deciding who/what should (be) post(ed) on his forum. This is his third thought about how we ended up here.
Controversy over calculation of "fall across" visa numbers (http://immigration-information.com/forums/showthread.php?t=4610)
Long to short, Mr. Gotcher thinks the explanation of Apr. VB is an error.
I will just quote the last two paragraphs. If you are interested with this topic, you can follow the link to see detail.
************************************************
This is where the controversy arises. Do these provision require the Visa Office to let unused visa number from higher preference categories �fall down� into lower preference categories before being made available to single state quotas, or can they move unused numbers from a worldwide preference category over to single state quotas while there is still demand in the lower worldwide categories?
The Visa Office interpretation is that if there are unused numbers within a specific worldwide category, those numbers may be made available to single state quotas even if lower worldwide preference categories have visa cutoff dates because they are oversubscribed. I believe that this is an error.
The visa office's interpretation is correct and if you read 202 (a) (5) it clearly says that the country limits should be ignored for unused visa numbers.
Remember that these numbers are first categorized and then assigned to applicants on a per country basis. In other words, a visa number if it is EB2, should be assigned to EB2 (no matter what) before it goes to EB3. If it is EB1 visa number and for it to become a EB2 visa number, there should not be any need for that number in EB1 category.
One reasoning why this was difficult to see is because CIS has essentially wasted so many numbers that people are unable to tell where the movement is coming from.
I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories. In 202 (a)
(5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.
B T W Ron G is very selective in deciding who/what should (be) post(ed) on his forum. This is his third thought about how we ended up here.
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Totoro
05-11 11:03 PM
The IRS webpage is saying something different. It makes it clear that you need the
SSN in 2008. (Second and last question on
http://www.irs.gov/newsroom/article/0,,id=181995,00.html)
.
Q. If I currently have an ITIN and file my return but later this year get an SSN, can I amend my return to get the payment or will I need to wait until I file my 2008 return to claim it?
A. You will need to wait until you file your 2008 income tax return to claim the economic stimulus payment. [New 4/14/08]
You file your 2008 return in 2009.
SSN in 2008. (Second and last question on
http://www.irs.gov/newsroom/article/0,,id=181995,00.html)
.
Q. If I currently have an ITIN and file my return but later this year get an SSN, can I amend my return to get the payment or will I need to wait until I file my 2008 return to claim it?
A. You will need to wait until you file your 2008 income tax return to claim the economic stimulus payment. [New 4/14/08]
You file your 2008 return in 2009.
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AUNTYMARGARET
04-18 10:05 AM
How many of you all dealt with the lawyer named Alex Elsberg?
which branch r u all talking about pls
which branch r u all talking about pls
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rklscp
05-22 10:34 PM
No you can't. You must have filed separately. You could have amended your return to file jointly, but not the other way around.
Thanks Totoro.
So, I can do it that way (file separately first and get stimulus and then amend the return to file jointly after I get stimulus) only for tax year 2008?
(IRS website also says if u do so, you dont have to return the stimulus benefit - unfortunately this clause was added only on 04/14/2008!! according to IRS website).
I cannot do anything this year I guess??
how could IRS expect us to file separately and get the stimulus and then amend our return as filing jointly without loosing the stimulus by announcing it on 04/14/2008??? I dont understand this stupidity at all!!
Thanks Totoro.
So, I can do it that way (file separately first and get stimulus and then amend the return to file jointly after I get stimulus) only for tax year 2008?
(IRS website also says if u do so, you dont have to return the stimulus benefit - unfortunately this clause was added only on 04/14/2008!! according to IRS website).
I cannot do anything this year I guess??
how could IRS expect us to file separately and get the stimulus and then amend our return as filing jointly without loosing the stimulus by announcing it on 04/14/2008??? I dont understand this stupidity at all!!
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sonaliak
04-28 09:38 AM
Contributed through paypal and Receipt ID: 5WU062607T926773U , one time $100 Contribution
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andycool
06-11 08:02 AM
Hi,
As July visa bulletin indicate/predicted that for EB2-I it might reach up to March or April 2006 in FY2010.
Is FY2010 is Jan to Dec 2010 or FY2010 ends at Sep 2010 for USCIS? My PD is Mar2006 Do I have to wait till Sep/OCT 2010 or till end of 2010 i.e. Dec?
What is USCIS's Fiscal Calendar / Jan to Dec or Sep to Oct?
I'm planning to go back to India so just wants to see, should I wait for 3-4 month more or it's going to be end of this year?
Thanks a ton,
RW
USCIS fiscal Calender if from Oct- Sep
As July visa bulletin indicate/predicted that for EB2-I it might reach up to March or April 2006 in FY2010.
Is FY2010 is Jan to Dec 2010 or FY2010 ends at Sep 2010 for USCIS? My PD is Mar2006 Do I have to wait till Sep/OCT 2010 or till end of 2010 i.e. Dec?
What is USCIS's Fiscal Calendar / Jan to Dec or Sep to Oct?
I'm planning to go back to India so just wants to see, should I wait for 3-4 month more or it's going to be end of this year?
Thanks a ton,
RW
USCIS fiscal Calender if from Oct- Sep
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Karthikthiru
07-01 10:22 PM
Berry, Appleman & Leiden LLP is very good firm. I have very good experience with them. They completed all my paper work on Jun 30, so that they can file by July 2. Also the attorney and the para-legal were really good and replied to my questions patiently. The website is http://www.usabal.com/
Karthik
Karthik
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mirage
06-25 04:17 PM
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
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jonty_11
11-08 11:27 AM
The main issue with Dems winning is that they will use the newly gained power to furthur their cause for 2008 presidency, but bringing down teh republicans. If taht takes priority which I fear it, immigration reform may go down the drain, as they try to retract all legislations passed by Bush, like tax cuts for oil Comapnies etc. and only work on potraying Republicans in a bad light.
Rockford
09-04 02:36 PM
You still have time to arrange your plans and attend! Here�s why you should come:
..................... Rather, I invite you to think this way: Do it because it�s right! Do it for yourself! Think to yourself that you would do this even if you were the only person attending the rally. Think of Gandhi. Think of Martin Luther King.
.................... If you do not attend the rally, it will be a once-in-a-lifetime lost opportunity! LET�S GO! WE CAN DO THIS TOGETHER!!!!!!!!!!!
Jaime , Very good post and very encouraging. It will change at least a few minds.
.............
Lot of people consider it below dignity to do something about GC related stuff, many just want to live they way they are, no ambitions, no motivation to work towards a change.
............- most of these wake up late in morning, go to work, watch TV , lazy in weekends , play cards, chat on phone , always spend a lot of hours on the internet researching for some crappy deals on electronic goods - the time, if well spent is worth more than what they save on buying the item.
...................
Chanduv23 , I know you are a very active member in these forums and feel very strongly about these efforts. I can probably understand your frustration, But I don't think we can embrace/attract people by alienating them.
It is pretty broad generalization to say those who don't/can't attend the rally or those who does not have a positive disposition about the rally are bunch of lazy, TV watching , cards playing , bargain hunting , un-ambitious people.
Let us move with a positive message. :) :) .
..................... Rather, I invite you to think this way: Do it because it�s right! Do it for yourself! Think to yourself that you would do this even if you were the only person attending the rally. Think of Gandhi. Think of Martin Luther King.
.................... If you do not attend the rally, it will be a once-in-a-lifetime lost opportunity! LET�S GO! WE CAN DO THIS TOGETHER!!!!!!!!!!!
Jaime , Very good post and very encouraging. It will change at least a few minds.
.............
Lot of people consider it below dignity to do something about GC related stuff, many just want to live they way they are, no ambitions, no motivation to work towards a change.
............- most of these wake up late in morning, go to work, watch TV , lazy in weekends , play cards, chat on phone , always spend a lot of hours on the internet researching for some crappy deals on electronic goods - the time, if well spent is worth more than what they save on buying the item.
...................
Chanduv23 , I know you are a very active member in these forums and feel very strongly about these efforts. I can probably understand your frustration, But I don't think we can embrace/attract people by alienating them.
It is pretty broad generalization to say those who don't/can't attend the rally or those who does not have a positive disposition about the rally are bunch of lazy, TV watching , cards playing , bargain hunting , un-ambitious people.
Let us move with a positive message. :) :) .
venky08
06-13 07:37 PM
EXCELLENT NEWS!!!
I want to thank IV core for their fervor and zeal to press our issues via lobbying and media outlets that has in my opinion significantly contributed to this development...hats off to you...
I want to thank IV core for their fervor and zeal to press our issues via lobbying and media outlets that has in my opinion significantly contributed to this development...hats off to you...
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