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  • psaxena
    06-26 01:02 PM
    Planning to have the conference call Friday evening 4:00PM AZ time

    PM me who are going to join the conf call

    Free Conference call Info

    Conference Ph:

    (218) 339-2500


    Pin:

    1034856#





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  • aristotle
    02-26 02:03 AM
    If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).

    If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.

    As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??





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  • jax999
    01-29 05:18 PM
    Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?

    where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?

    My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.

    So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .

    While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?

    Please reply soon . I really appriciate you . Thank You.





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  • Anders �stberg
    April 10th, 2004, 10:09 AM
    Sorry to go on about my birds, but this I wanted to share...

    I was out to get some training photographing flying birds when I suddenly saw this seagull that had a wooden stick poking out from the neck. I decided to turn photo journalist for a while and concentrate on pictures of this unlucky bird. I don't know what could have happened to it, either it has accidentally flown into something or God forbid someone has shot an arrow at it. :(

    I have already found out that photographing flying birds is difficult, but try photographing a specific bird in a big flock - that's taking the difficulty to another level! :) I managed to get a few inflight pictures as well though. Unfortunately it was of course not too difficult to spot with the wooden pointer attached.

    This is what I first saw, the bird flying past me a couple of times:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3345.jpg

    He was clearly irritated, kept scratching around the head and shaking to get rid of the stick:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3402.jpg

    This bird seemed quite dominant, kept chasing off other birds, so it wasn't too hindering:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3353.jpg

    He was also out on the water, resting as well as courting and chasing other birds:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3382.jpg

    When I threw in some bribes he also joined in in the feeding, both feet and stick in the water:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3362.jpg

    Here's another inflight picture with the ugly stick poking out:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3396.jpg

    And a final portrait of this unlucky bird:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3329.jpg

    To end on a slightly brighter note here are two birds just about to take off:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/SeagullsTakingOff_3354.jpg

    -Anders



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  • nikh
    11-30 03:58 PM
    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.

    You are right, there are thousands of people who are waiting to file as soon as PD becomes current. But, those new fileres wont compete immediately (or for current fiscal year) becoz they had to go through the standard processing times before approval (document verification, name check, finger printing etc). By the time they are peadjudicated, it is likely that fiscal year 2011 will be ended.

    My point is there are enough visas available (40040 for fiscal year 2011) for the preadjudicated filers plus the filers who are close to preadjudication (total of 33850). SO, USCIS has to move dates drastically at least 6 months prior to end of fiscal year 2011 in order to help those who are waiting to file in EB2 category. If that does not happen visas will be either wasted or made available for EB3 filers.





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  • sabudanawada
    03-07 12:32 PM
    bump



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  • Saralayar
    05-21 07:59 PM
    Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
    Is it 120 business days or just week days?





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  • mjdup
    12-14 11:35 PM
    OK, I will just call them first thing tomorrow morning to see if I can get admission. May be after that I will get in touch with you and we can approach him as team, will that work?



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  • kaisersose
    06-23 11:51 PM
    Gurus, help needed urgently - I had mailed my I-765 on Saturday via express delivery to the Texas Service Center as I live in NJ. The address I sent it to was
    USCIS
    Texas Service Center
    P.O Box 851041
    Mesquite, TX 75185-1041

    I checked my USPS tracking status, and it says the following

    We attempted to deliver your item at 10:33 AM on June 23, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.

    Has this happened with anyone else? I cross checked the address and its correct. So what should be done in this case?

    Yes. I sent my ead renewal app on friday to reach on saturday. On saturday, when I checked the status, it was exactly the status you have written. When I checked again this morning (Monday), it said the mail was accepted at 5.30 am this morning.

    I find it hard to believe the mail was delivered to and was signed by someone at USCIS at 5.30 in the morning. So I think it is just a problem with USPS and the way they update status.





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  • champu
    03-04 04:32 PM
    Hi guys,
    this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...

    can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..

    Sr members, please share your views on this topic..

    thanks
    narendra

    Do you mind booking all the URLs you have mentioned and redirecting it to IV. Thanks



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  • gangster
    07-17 12:14 AM
    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070716_514499.htm?chan=top+news_top+news+index _businessweek+exclusives

    Latest article says Protests pay off.

    Way to go IV!!!!





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  • go_guy123
    05-30 11:56 AM
    While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind).

    The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).

    Food for thought...

    jazz

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965

    Eventually this bill introduced that 7% per country cap



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  • bandoayan
    12-21 11:50 PM
    Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

    Please share if anyone has any idea one this

    Thanks
    -MK

    My H1 petition (3 yr extension after completion of 6 yrs) was approved on 10/4/2010 and I had my visa interview at the Kolkata Consulate on 10/29/2010. I was a little concerned because PIMS had mostly been an issue for newly approved petitions and in my case the approval was granted only 25 days before the interview. On the interview day, we were made to wait a little longer than the B1/B2 cases and the visa officer finally called us. We were asked some formal questions and visa was granted. Possibly the PIMS verification was done while we were waiting. Hope this helps!!





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  • whattodo
    06-30 03:28 PM
    Did you see approved on Jun 25th? In my case, I saw approved on Jun 28th and then pending on Jun 29th. My attorney received approval notice on Jun 28th. I dont know how to make sense of it.

    What was the message in your case on Jun 26th? I am seeing that they received my application on Jun 29th and it is pending. It sounds strange.

    Online case status shows approval on jUne 27th. But then does it really matter with all this talk of July retrogression?



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  • immigrant2007
    05-18 07:26 PM
    This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.

    There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.

    This lawsuit is to bring justice to the last three years of absolute anarchy.

    This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.

    I think Indian EB3 will join shortly.

    Why are you stopping at 2007? Issues stared much before that.
    Why do you forget the getting details of each and every VISA that was issued between 2003 and 2007 (days of backlog elimination center)? We hae a right to know that. I doubt EB based guys got benefit out of it....I do not think USCIS /DOS will ever reveal those numbers truthfully and even with 50% accuracy....
    They just put almost every True Employment based applicant in backlog and gave GCs to 245i....I dont think that was justice. That was manipulation





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  • greencardfever
    09-09 11:16 PM
    Hi,

    I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.

    I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.

    If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?

    If it�s the former:
    1) Will my old priority date get transferred too?
    2) Does it matter if the Company Y is not located in the same state as compared to Company X?
    3) Does it matter if my job description and/or designation at Company Y is/are different?
    4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
    5) Does Company Y have to communicate with Company X to get any green card related paperwork?
    6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
    7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?

    Any response will be greatly appreciated.

    Thank you.



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  • johnwright03
    02-23 08:03 PM
    Folks,
    I have a stupid/dumb question in filling out i-539 for my wife...can anyone tell me if I would need to answer YES or NO..??

    3g -- Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?

    --thx





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  • arunkotte
    02-14 04:14 PM
    MS + 0 years is fine for EB2. I got my PERM approved with MS+ 0 years. No one is trying to bypass the system!. We are trying to figure out the best possible avenue to get our GC.





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  • uma001
    10-23 04:44 PM
    Thanks a ton Elaine! Your help is very much appreciated.

    You can try filing for COS from H1-H4 through a lawyer while she is in US. Most of the times H4 will be approved.My wife got it.





    Singer
    10-21 11:10 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





    milind70
    08-26 11:03 AM
    Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).

    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.



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