Friday, June 24, 2011

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  • sparklinks
    07-20 02:40 PM
    I just call USCIS , she told me to wait until Aug 2nd week to get receipt# or to see chased checks.





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  • gdilla
    08-16 06:17 PM
    Talk to a lawyer and get the answers. But if you're on travel and questioned by immigration upon entrance if you're still working for sponsoring employer, depending on the circumstances, they can take your GC away. So that's another scenario separate from an audit or citrizenship interview that GC jeopardy may arise.

    If circumstances change, like you getting laid off or fired, that's a different story. If the sponsor's intent changes, and that does happen, then obviously, you're free to move on. But you should be able to prove that, with say a termination letter, for example.



    Many of us will be facing this decision and it's good to know the risks and the answers. Imagine you got a GC and now you have a +20k offer from the other company. Staying with your current employer for 6 months will cost you 10k. The question is "does the risk cost 10k?".

    This is how I see it, please correct me if I'm wrong. You can be questioned about leaving the company only in two cases: 1. citizenship interview, 2 - investigation/audit. In first case I don't see much problem, as many years will pass, and if you will not keep any documents, I don't see how USCIS will be going back and chasing these 4-5-6 months of your employment.

    Investigation is a different story. You have to be ready. The law says that you/your employer had to have intent to work on that position with that job description forever at the moment of AOS. Technically you could change that intent the very next day.

    So.. I think this is how it will work. USCIS might request evidence/letters from you/your "after-GC" employer and if they will find something like your resume that you have sent them before getting GC, then you are in trouble. But if you will demonstrate, that let's say you met your "after-GC" employer only after getting GC (let's say at some exhibition) and he offered you right away +50k salary, then I don't see how USCIS is gonna build their case.





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  • vishwak
    08-11 08:35 AM
    Very Disappointment for me.....as i missed it with couple of days.

    Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)

    I'm not sure if they are going to move dates in Oct or not...





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  • yadav
    11-07 04:32 PM
    Well in that case you "may" get caught by IRS (if they audit ). But in case of wire transfer you can prove that the money came from India in which there would not be any tax liability.

    In one trip if you bring in 10K or less than customs has nothing to do with it and as far as IRS goes

    then your mother can gift you 12 K$ in a year and 12K$ your father can gift and that amount is considered as tax exempt, if you are married then same applies to your inlaws they can also give you total 24K$ (12 each)

    so the total comes out to be 48K and then this same thing can be done with your wife so in 1 year you can get 96K dollars as a gift from your parents and inlaws TAX EXEMPT



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  • thankgod
    06-03 12:15 PM
    There are lot of things I understand about america. One of them is america has lot of non-senses among many sensible things.

    Then why do you want to stay here. Just move out.





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  • greyhair
    05-18 11:53 PM
    I just signed up to join everyone in Washington on 6th, 7th and 8th June. My family is joining me. I want to find out if a 2 year old child is allowed in these meetings?

    Go IV



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  • Macaca
    06-15 08:31 PM
    DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
    USCIS is not able to provide a good estimate of this number because

    it can not calculate this number based on USCISs workload, and
    it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.


    The following are from page 35 and beginning of page 36

    The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
    The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.





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  • niklshah
    12-16 11:04 AM
    Buddy,
    everyone loves their money....but think if nothing will change how much of your loved money you will spend every year to renew EAD and AP...just do the calculations and you will think that it is worth to part some of our loved money..



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  • ars01
    06-25 04:29 PM
    I don't know if this question has been asked before. Is there a benefit for filing AP by paper rather then electronically. I filed EAD by paper to TCS and got the "Card Production Ordered" email yesterday (in 14 days) for myself and my wife. My friends who efiled just received finger printing appointment notification and no receipts. Is there same benefit with AP? Please calrify.





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  • H1B-GC
    02-07 10:41 AM
    Even EB2 NIW is also in the same situation so how is your lawyer saying it is current. I guess you are lawyer is a barber.

    Might be he/she is from the EB- ROW.. Ah!!



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  • gk_2000
    03-09 03:15 PM
    Not to spark a fight or anything, but I would like to congratulate all the EB3I's who became current since Jan.. great going! We are at April 02!





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  • rongha_2000
    05-04 02:12 PM
    I've been having similar thoughts for quite some time. Whether I should move back to india which is a one way street or continue here waiting to get my GC, citizenship etc.

    Here is my analysis of the situation without considering the emotional parameters involved

    1) India is currently on a fast track to development thanks for the IT industry. There are a lot of jobs and salaries are sky rocketting. A lot of people in India are living a life in India which we can only dream of here in the US.
    2) BUT I also read about the growing cost of conducting business in India. Definitely with salaries increasing by leaps and bounds, rupee appreciating against the dollar, high taxes and infrastucture cost has already got companies thinking about their businesses in India.
    3) Many are thinking of moving to southeast asian countries like Singapore, malaysia, phillipines, even China.
    4) Even if they dont move out I am not sure if the current trend in salaries will continue. It will definitely correct itself in next 3-4 years. Companies would tend to hire more fresh graduates than hiring experienced personnel.
    4) I am not sure with all these developments how would things be in India in next few years. If I move to india and then have to move to these south east asian countries then why not be in US and ride out this turbulent period.

    but then if you include the emotional factors in this equation it totally changes everything.

    As of now at least I am confused about what to do but I guess every first generation that moves out of their home town has to go through the same thought process, only the immigration to US is complicating things further.

    What will happen next is something for time to tell...!!

    Good luck to all of us and may god help us all to make correct decisions.



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  • dassumi
    06-03 12:42 PM
    One of the primary things that you are missing here is that these competitions are just competitions - meaning - it brings the kids together in a national forum, lets them compete with one another and helps build this competitive spirit - which they may repeatedly in their lifetime.

    Being able to participate in a national competition boosts confidence - the sense of competition and wanting to excel is totally a transferable skill - it rekindles the parts in you (or a kid) that they are not aware existed before they competed.

    As for whether this is a right forum to post this, I have seen worst things posted here on IV.





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  • indigokiwi
    03-10 10:36 AM
    paypal transaction id 0V400865HR9069808

    Thank you, dhirajs. What was the amount (so that I can add it to the total)? Thanks..



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  • chanduv23
    10-12 09:53 AM
    ^^^^^^^^^^^^





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  • xlr8r
    05-14 04:39 PM
    You've hit the nail right on the head, buddy!

    4) Be positive in your attitude, improve your communication skills and dont act servile.
    5) Most desis are hard working and responsible people - nothing should hold them back - not certainly the need for an image makeover.

    All fellow desis take care and enjoy your life here - life is too short to be depressed about the green card everyday. Most important thing is you stay happy everyday - here or in India.



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  • qplearn
    10-12 12:56 PM
    Yes, I used nycgal's and made little modification to the intro part. Picked up the IV intro from our home page. Also emphasized on the skilled-immigrants rather than just legal immigrants. Still need to send it to Mr.Sturgeon.
    Thanks.





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  • Goodintentions
    04-11 07:57 AM
    You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
    You may verify the same with lawyers and gurus.
    =================

    Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)

    AC21 and I-140 Revocation : INS Inconsistent on I-485s
    Posted Feb 07, 2003

    The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.

    For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.

    We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.

    The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.

    If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.


    � The Law Office of Sheela Murthy, P.C.

    ==================

    Best wishes!!!





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  • eb3_nepa
    05-14 12:07 AM
    Why is this being discusses here??





    manand24
    07-19 09:53 AM
    EB2/FEDEX delivered on 02-Jul-07 @7:55AM





    desi3933
    06-18 03:06 PM
    I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?

    There are 2 ways in which current H4 status changes to AOS Pending status:
    1. By working on employment using EAD
    2. The primary applicant loses H1-B status for ANY reason

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002



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