Sunday, June 12, 2011

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  • Sri_
    11-09 06:48 PM
    My check was cashed on 08/31. Based on the receipt numbers on the back of the check, online status shows that receipts were mailed on 08/31, but I haven't received till date. On 10/01, I called customer service and made them create service request. No progress so far. I am planning to call sometime next week and find the status of the service request.

    Is anyone in the similar situation of not receiving the receipts even after check has cashed way back.

    Thanks





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  • ImmigrationAnswerMan
    06-30 12:36 PM
    Changingjobs:

    You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.

    Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.

    You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.

    I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.





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  • Nakano
    05-13 05:12 PM
    Hi Ruban,

    I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.





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  • RajForGC
    06-07 03:59 PM
    Are they gonna talk or vote again on Immigrtaion today?



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  • vin13
    01-13 12:16 PM
    You can have 2 different applications for PERM from different prospective employers. It is just like filing for 2 different H1-B visas.

    I believe, typically you apply for I-485 with one employer. So until then having multiple PERM or I-140 should be OK.

    I do not have any personal experience with multiple filing.





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  • amitjoey
    07-17 05:55 PM
    The only big way to show appreciation and thanks is to make sure, that each one of us continues to participate in each and every action item.
    Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.



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  • kanshul
    05-07 08:56 PM
    I used AC21 3 months ago and filled the paperwork with USCIS. No RFE yet but I would not care if I get an RFE as well...

    I think it is best to notify USCIS. I hired Murthy and I don't think they are doing this just to get money. If your case gets messed u say 3-4 yeare later and you end up taking UCSIS in court then this paperwork (which USCIS will most probably do nothing with) will be very helpful.





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  • mnkaushik
    03-12 08:01 AM
    As far as I know, one is only required to file taxes on foreign accounts if they have $10000 or more in their accounts at any time during the financial year. Please correct me if I am wrong. Also, check: Report of Foreign Bank and Financial Accounts (FBAR) (http://www.irs.gov/businesses/small/article/0,,id=148849,00.html)

    One is supposed report tax even if they make a dollar but they dont need to fill out the FBAR form if the value of all accounts put together is less than 10K.

    Even i started including it my tax last year and did my FBAR form. NRE account will not be TDS only NRO accounts have TDS. Infact, you dont have to pay IT in India for NRE accounts. Thats the reason people from Middle East put their money in NRE accounts.

    For 200$ they will not come after you. It is small pickings. I think you should include while filing your taxes and depending upon how much you have in the accounts you may or may not file FBAR. Remember it is all your accounts that inlcudes any savings account, mutual fund accounts, post office etc. If you have paid any tax in India then you could potentially show that in your US tax and get credit for that. I personally have not done it because my income is less than the initial tax slab in india.



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  • paskal
    12-14 12:45 AM
    for those that have not visited the MN thread under the separate forum for chapters, here is the link:

    http://immigrationvoice.org/forum/showthread.php?p=37195#post37195





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  • HOPE_GC_SOON
    07-19 04:35 PM
    Thanks Meridiani.

    Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.

    Let's keep fingers crossed..

    Thanks,


    preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.

    pre-adjudication has three advantages compared to starting to process only when teh PD is current:
    - If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
    - if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
    - its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.

    ur status does not change when your case is pre-adjudicated.



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  • willwin
    07-03 11:23 AM
    EB-3-I is stuck in 01...not likely to move till Oct and then in OCT08..it will move by couple three months for the next 12 months till OCT 09..What are the option for EB-3 stuck here..from 01, 02, 03 ....

    1) Convert to EB-2 ?.

    2) wait for legislation from Logfren to pass

    3) wait another 3 years...already in the Queue from 01..


    If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..

    Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???

    Please help me decide...
    thanks


    What you could possibly see at end-of-tunnel are:

    Lofgren bill passing before election and recaptured numbers becoming available from 10/2008. All categories may become current and remain current for 6 months to a year.

    OR

    EB3 ROW becoming current atleast by end of next fiscal year (by 09/2009, so that EB3 I would start progressing at a faster rate.

    OR

    you (and everyone in EB3 I) would be asking the same question even after 3-4 years.

    Oh well, Happy July 4th!!





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  • rayen
    07-14 02:20 PM
    Can someone confirm the same for BA via London?


    If you are travelling via London and there is no valid visa on your passport then you need DATV ( Direct airside transit visa ) , it will cost you 83 USD , you can get more info from the below URL.

    Transit (INF 20) (http://www.ukvisas.gov.uk/en/howtoapply/infs/inf20transit)

    https://www.visainfoservices.com/Pages/Welcome.aspx



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  • pappu
    06-06 09:10 AM
    http://immigrationvoice.org/index.php?option=com_content&task=category&sectionid=4&id=13&Itemid=36

    You can find some points here in the documents on the URL mentioned above. This thread brings a good point. There are several issues that impact society, economy, family and relationships due to delays and problems in the GC process. Nobody has a compresensive study on that. Its a real anthropological/sociology and somewhat economics subject for anyone in universities doing a research. Such student can use us in this group to study. We should also try to have a document highlighting these issues so that US media can look at this problem from a different perspective.

    some points
    - lives are on hold
    - property purchases cannot be planned
    - cannot plan future investments and plan for settling in life.
    - H1B is a temporary job and loss of job means leaving the country in 15 days. thus it impacts the lifestyle and family life. it has economic and psycological implications
    - spouse cannot even have driving license since they cannot have a social security card. social security card is given only upon getting work permit. and h4 visa means spose cannot work. lack of driving license is a huge factor in creating restlessness and anxiety and leads to several hardships for a family. Driving is a need in this country and lack of of by spouses affects the homemakers and management of the house and needs.
    - H1Bs on extensions (1 year) and people with 1 year EADs have difficulty getting driving license renewed in some states. not being able to drive to work is a big problem in itself and has economic and physical hardship implications.
    - long wait for green card weighs in heavy on immigrant families and they cannot enjoy the same freedom that citizens or permanent residents enjoy. This restriction hampers the growth and development of children.
    - children of H1B holders cannot get any relief in tuition in local colleges even if they are intelligent and qualify all exams with best scores. They cannot get any scolarships.
    - employers of h1B tend to exploit employees knowing that the employee will stay until PR application is approved. This creates depression in employees.
    - lack of promotions and raises for H1B immigrant causes disparity amongst employees and coworkers change their attitude against the employee. Such lack of respect and seeing juniors becoming seniors over a perid of time, creates emotional stress in immigrant.
    - The lengthy, vague and irratic nature of proceessing of cases by USCIS and DOL causes tensions and distress at various stages in the process.
    - Skilled EB immigrants only make up 11.5% of legal immigrants. This small number contributes the most to the us economy instead of other catagories.
    - Lot of highly educated professional want to start new businesses and ventures. Inability to do that hurts their innovative spirit and competitive edge that usa can befit from. New business will also provide more revenue and jobs for the country.
    - Due to the nature of H1B validations and extensions, every time the immigrant travels to the home country there has to be a visa interview. These visa interviews have to be planned months in advance and the trip cannot be short. It has a financial burden and emotional stress for the family. Not being able to visit the homecountry at will creates family tensions and issues. Families and relatives have to stay part and meet after long intervals of time.
    - inability to change jobs during the 8 year greencard process hurts the learning and development and career growth of the person. For a high skilled professional in the prime of his work life this is very important. Not being able to change jobs creates frustration and growth becomes stagnant.
    - the long wait for the GC forces some immigrant to migrate to other developed countries that have better immigration process or head back to home country to use their skills. Its a loss of intellectual capital for USA. For an immigrant it means uprooting life again from one place and restarting life again elsewhere. It not only has financial implications but a social, cultural and emotional burden on the family.





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  • Saralayar
    08-07 10:42 AM
    Relax guys...sorry ..

    do you need to use these kind of words for posting a thread which I did by mistake?
    Check the threads in the forum and then create a new thread if necessary.



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  • Karthikthiru
    04-13 01:32 PM
    it is nice to see people with older priority dates are getting approved. At least USCIS is working in proper order rather than in wild pattern





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  • qualified_trash
    12-12 03:00 PM
    Hi all,

    This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

    Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

    So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

    I would be eager to see what people say here.
    I would do it!! If you are looking for people to help with sweat equity, send me a PM. No kidding!!



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  • webm
    09-17 03:31 PM
    Keep it up Chandu...Thanks





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  • lostinbeta
    10-05 01:12 PM
    Hey Ilyas. Thanks for the compliment:)

    I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)





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  • absaarkhan
    01-31 12:06 PM
    I-94 validity given by immigration officer over-rides the I-797 I-94 validity

    Yes the I-94 given by the Immigration Officer Overrides the I-94 Validity Issued by
    USCIS with your I-797. This is Per the "Last Action Rule".
    When you Entered US on your Visa, you should have shown the New I-797 Approval and the Officer @ POE would have given you the I-94 Valid until the New I-797, if they dont we have right to request to talk to their Supervisors.

    Anyway, its too late now and you have the following 3 Options:

    1. You can go any of the Customs And Border Protection deferred Inspection sites
    and get it corrected, refer to link below to go the site nearest to you.
    Also, it DOES NOT have to the same city where you entered US. You can
    go to any site.
    http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/

    2. You can go out of US and while entering back you should make sure you use the
    Latest Approval. You can go to Canada by Road and Come back.

    3. File for H1B Extension before June 2008 which is the Current I-94 date on your
    Passport

    Other Senior Members feel free to Add more Options.





    go_gc_way
    09-10 07:51 AM
    Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.

    Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.

    Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.

    Great job.





    GCBy3000
    07-24 05:05 PM
    I agree with portability logic. In that case, a 485 is tied with individual. Why cant a individual have a 485 certified anytime. That is not going to change even if he moves from place to place. In fact, a 485 should be like a degree certificate validating all the credentials. We should be able to carry it wherever we go and show it to our prospective employer and get the GC process moving.

    Having said that, there is no need to wait to file 485 due to visa retrogression. Visa numbers are for adjucating the individual 485 and granting the perm residency status. I dont understand why the 485 stage comes as the final one and why the hell it is tied up with VISA numbers.

    Example: The applicant gets all medical check up and he is hale and healthy. He filed for 485 and it is pending for 5 years due to retrogression. Every year or once in two year he needs to repeat the medical checkup and declare he is still healthy until he gets the GC. This funny test is not required after he gets GC. Assume in 4th year he gets the deadly VIRUS decease from a US citizen, then he will be denied of GC. The reason is he will spread this contagious disease which he got from US citizen. But he is free to walk and spread if he has GC. Is't funny. I may be wrong........

    LC - Verification is related to the sponsored job
    140 - Verification is related to the sponsoring company
    485 - Verification is related to the sponsored individual

    Portability, by definition, applies to individual and not company. Why would your company want you to have portability?



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