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  • Desi4GC
    08-07 08:47 PM
    Hello members,

    I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records.
    How should I present this on form I-485 (question about citation/arrest)?

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  • GlobalCitizen
    08-21 06:23 PM
    I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?

    My emloyer hired a law firm to do green card and the human resources does the H1B's. The firm just sent (before Agust 17th) my I-140 and I-485. I have pendind EAD. I really want to remain on H1B though.

    I am so frustrated and do now what to do.

    How long does this 'nunc-pro-tunk' take if it comes to that? Also Can I go back to school?

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  • JazzByTheBay
    09-07 03:36 PM
    Here are 5 of the more frequently asked questions, and answers to those by ImmigrationVoice. Note, these also appear on immigration attorney Sheela Murthy's web site (http://www.murthy.com/bulletin.html).

    Question 1. What is First Amendment? Does it apply to me? I'm on H-1 / H-4 / EAD / and have applied for I-485, etc.
    Constitutional rights of an individual are applicable to everyone, including foreign nationals.

    Question 2. Will I get arrested and/or deported for participating in the rally?
    No, participating in rally with proper permits from city police and other authorities is legal. You cannot be arrested or deported for simply participating in the rally.

    Question 3. Will participation in the rally negatively impact my current non-immigrant status or future green card application?
    No, exercising your civil rights does not impact your non-immigrant status or future green card application. There are certain procedures and processes for rejecting or denying petitions and applications, it is not done on whims and moods of agencies or USCIS employees. There is a process driven by federal regulations and rejections and denials are backed up by reasons described in federal regulations and the laws. Participating in rallies, meeting with your lawmakers, exercising your civic duties, and enjoying your civil rights granted by the Constitution are not grounds for denial or rejection of petitions and applications or any other adverse action on immigration petition or application.

    Question 4. Can my employer take action against me for participating in the rally? Do we have any obligation to inform my employer if I participate by taking a day off?
    No, an employer cannot simply take action against you for having exercised your Constitutional right granted by the first amendment. Whether you inform your employer about your plans for your vacation or day off is up to you and your relationship with your employer. Usually employers do not care what their employee do with their time off from work, as long as those activities are legal.

    Question 5. What kind of identification do I need to carry? Will my driver's license be enough?
    Yes. Your driver's license or a state-issued identification card is enough for ID purposes.

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  • chanduv23
    01-24 10:22 AM
    Tri Staters - please make it to this social event.


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  • Berkeleybee
    05-30 03:53 PM
    I think what Asian means is that the stringent rule of 'Same kind of job' in AC21 makes AC21 usability very limited. If that condition is abolished, 485 is as good as GC in terms of job mobility.

    Unfortunately that doesn't have a lot of support since it defeats the purpose of labor certification.

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  • solaris27
    10-15 09:21 AM
    1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?

    It depends what you want to use if you use H1B then till Jan 08 and if EAD then sep 08

    2) If they extend DL based on EAD, will I loose H1 status as I used EAD?



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  • reddy2cool
    10-20 02:19 PM
    4 th grader is born in the country where as all the highly educated people are not ..

    So wht do you mean? Should we consider it as his achievement? why cant we have better educated people decide it?

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  • ImmiRam
    09-13 02:31 PM
    Excerpt from the IV Home Page:

    "It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."

    Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?


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  • Quadrucle
    09-22 02:11 PM
    Hi All,

    Im planning to port my EB3 to EB2 and need your help.

    My EB3 PD is Nov 2007. I have my I-140 approved too. This all was sponsored by my empoloyer. I have over 8 years of experience and I have Masters degree in Computers. Now my questions are:

    1. How do I start my EB2 process? (if this is possible)
    2. What do my employer needs to do to help me on this?
    The reason why they did EB3 was because my designation didnt require a Masters. Do they have to promote me or create a new designation to do this? My company almost stopped sponsoring EB's an year back.
    3. What will happen to my EB3 process if I am starting EB2.
    4. How expensive will be the whole process? I guess I will have to take the expense for Labor and I-140 from my pocket.

    Thanks in advance.

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  • vedicman
    01-03 09:20 AM
    NEW DELHI: India may drag the United States to the World Trade Organization , or WTO, over its decision to raise professional visa fees for an extended period and impose a 2% import levy on goods and services sold to the US government, a senior official has said.

    The commerce department is studying details of the James Zadroga 9/11 Health and Compensation Act of 2010 which aims to increase visa fee and import taxes on supplies to government to set up a $4.3 billion fund for sharing the healthcare burden of those affected by 9/11 terror attack in New York.

    The Senate passed the bill last week and India will soon take a decision on approaching the WTO, commerce secretary Rahul Khullar told ET on Monday.

    The final bill, which is now with US President Barak Obama to be signed into law, spells more trouble for Indian industry than the one initially proposed as it imposes an additional levy of 2% on all goods and services sold by Indian companies to the US government and extends the period for higher visa fees from 2014 to 2021.

    India has been trying for months to persuade its third largest trade partner to revoke the proposal to increase H1B and L1 visa fees as it could raise the cost of Indian IT companies operating in the US by $200 million annually.

    "We do not rush into disputes, but beyond a point, patience does run out," Dr Khullar said, adding that it may be time for the country to explore the option of settling the issue at the WTO.

    The first step would be to seek consultations with the US at the WTO on the contents of the bill and if the matter doesn't get resolved, a dispute settlement panel could be set up, the secretary said.

    The 2% tax will be levied on countries that are not signatories to the government procurement agreement (GPA) of the WTO, including India.


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  • gc_check
    06-29 01:46 PM
    Just signing and sending the last page in the 485 which doesnt have much Data .you can save a lot of time. You can verify online the data entry work done by the para-leagl and you are good to go and save couple of days ..i moved to a small firm ( from a over priced attorney ) and he was quite good. My forms are ready to pickup by Fedex in the evening from Attorney's office

    Well you have a option to hire your own attorney and get things done the way you like.... But, In my case, like many other I have to get my paper work done by the immigration attorney's part of my company in-house legal department and they are pretty good at getting things done, but not at the time farme you want to get things done.

    In my case all the documents must be sitting at my attorney's desk with all the requried docs, etc.. They just need to attach the employment letter, checks and review/ship it... But have no clue when this will be done. Hope it is within the first week. Just got one email that they understand the urgenecy and will do at the earliest. No other updates.

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  • Robert Kumar
    03-08 11:47 AM
    my brother got recently married and his wife went to stamping in kolkata and they gave 221g for h4 and 2 days later they even cancelled my brothers exiting stamped H1 and his visa.he is in IT industry

    any ideas whats next for him.
    does he need to apply for a new H1B or can any lawyer help him convince.

    Why do u think his H1B got cancelled. Pls share.


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  • bindas74
    02-05 10:49 PM
    You will have to pay again and again and again.
    But you have a chance to get 2 year EAD. Thanks to IV for the effort.

    Hi needhelp!,

    How is that someone who applies in August 07 with a fee of $340 doesnt have to pay for their renewal while I have to pay even though I had applied in 2008 and with the same fee of $340??
    It really beats me...well I guess that's USCIS::(((

    Can you please point me to any documentation on this?


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  • javaconsultant
    03-23 12:03 PM

    Can we contact Center for Community Change for our cause ?

    I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
    a program of Immigrant Rights.


    Ed: Moved to appropriate new thread from news articles thread. Please try to the thread topic when you post. Thanks!


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  • akhilmahajan
    05-12 10:36 AM
    Congrats and all the best in your future endeavours.

    Please support IV as long as you can and also guide us through this journey.

    Please dont forget to post your experience at http://immigrationvoice.org/forum/showthread.php?t=18993

    GO IV GO.

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  • anilsal
    12-20 11:37 AM
    I watch his show regularly. I invite other IV members to also watch his show (late though).



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  • axp817
    03-28 01:46 PM
    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.

    Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.

    An easy way to figure this out is as follows

    1. You have to file state tax returns in the state of your residence.

    2. You have to file state tax returns in state of employment (where your employer is) IF
    the employer withheld taxes (for that state) from your paycheck. Technically, they
    shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
    returns is if they amend the W-2 and give you a new one without the tax withheld.

    3. You have to file state tax returns in the state where you perform work on your
    employer's behalf (this applies mostly to consulting scenarios where an employee is
    deployed on assignments across the country and the only time you don't have to file
    taxes in the third situation is when the work performed was for a short period of time
    (less than a certain number of months, I am not sure exactly how many, but I think it is
    9 or 10 months).

    In many cases the state of residence, employment, etc. are all the same, in some cases they are not.

    One of the exceptions is states which don't have state income tax, e.g. Texas.

    Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.

    e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.

    That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.

    OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.

    Good luck,

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  • MatsP
    January 28th, 2008, 05:06 PM
    I don't know how to explain this in any sensible way without sounding like a nitpicking pedand (but I can't just "not say it"), but my point about the "DOF is always the same for the same framing", was particularly to point out that wide-angle lenses are good for close-to-subject-and-crop, but it does NOT magically give you different focusing or DOF behaviour - it's still the same for the same framing of the subject.

    Depending on the layout of the house, using a longer focal range can actually help - there is less rotation of the camera, and that means less change in distance to the subject, meaning that it's easier to get the focus - but that assumes large open areas in the house, which doesn't work well in some situations (my house has no place where you can see much more than about 15 feet in a straight line). It has an added advantage of "you stand further away, so you don't disturb the children quite so much".


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  • GC08
    04-08 09:56 AM
    If the law is changed. All dates will be current. if it's not changed your date from 2005 means squat. There are abt 200K ppl in the line ahead of you.. no way you are getting anything this life.. maybe you can leave your PD in inheritance to your kid born in India :)
    So your GC process shouldn't be a factor.. you got great offer.. leave..!

    Go for the better job... Nobody knows what's going to happen. I wish I had done that 3 years ago. :(

    This is especially true considering the uncertain, erratic nature of U.S. immigration. The only thing you can do is to grap whatever is "certain" to you right now. Otherwise, you may get stuck with a bad job, a bad company, a bad boss and still not getting your green card, either because of the backlog or unforeseen lay-off. At that time, you will realize you have got nothing... That feeling really sucks!!! :mad:

    02-14 03:58 PM
    We want widespread support from all Physicians.
    If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.

    Please spread the message and get your organizations to participate actively in this campaign.

    Please post you pledge for support on this thread

    03-09 08:47 AM
    It says India took a total of 41254 visas, but if you total the columns including family pref it comes to 32030. What am I missing?? Anyway how does it matter...

    Did you add up the visas issued in Indian?

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