Thursday, June 23, 2011

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  • NolaIndian32
    02-11 09:36 AM
    I support chanduv23! He is like our cheer leader, and we need one (or several) for IV and for this current campaign.

    Thanks to the all the on-going reminders, encouragement and requests, I have collected 52 letters thus far with more than 50 in the works. I will report a final tally shortly.





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  • raj3078
    09-19 03:07 PM
    Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.

    We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.

    Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us with.

    What is current strenght of IV? I have not seen the number changed or updated for long?...Any update on Membership count as well as funds will be appreciated





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  • english_august
    02-12 08:34 AM
    Yes - this is a great idea. We will raise some funds and have a lot of fun doing it. Everyone, please chime in with your suggestions on how we can implement this.





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  • abhijitp
    11-20 05:06 PM
    :mad:

    You may use the new thread button here:
    http://immigrationvoice.org/forum/forumdisplay.php?f=6



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  • satishku_2000
    12-24 01:03 PM
    People say things could be worse . No wonder they have a cut off date of 2001 ...





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  • Ramba
    09-11 05:04 PM
    But were you carrying your H1B or EAD/ AP with you all the time....?

    Per law, all H1B papers (atleast LCA) should be kept where non-immigrants work. There is no clear law for non-immigrants to hold passport/visa/EAD always with them. They recommend always to keep with you. Further, consulates( when they issue visa), won't give any specific instruction to non-immigrants to carry passport/visa always with them. However, for immigrants (LPR) it is very clear that one MUST hold orginal GC always with them. It is rule/law. The welcome notice clearly shows. Although, many dont practice, it is still a rule. I heared a story when a guy pulled off he got big trouble, when he claimed he is a LPR; and does not carry the GC.



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  • milind70
    12-03 09:57 AM
    I got an RFE on Nov 15th for copies of my degree certificates and my attorney sent them in a few after getting the RFE notice. I had an LUD on Nov 30th (Date when they received response to RFE) saying case processing has resumed. I also have another LUD on Dec 2nd. But the status still says case processing resumed. Does anyone know why there are 2 LUD's even though the case status is the same. Does it mean anything?

    Relax, LUDS could be internal updates no one can tell you with absolute certainty what they mean. I saw this whole thread you are in panic mode and restless. Just relax man your case will be approved soon.Think of it this that they are working on your case not like others who have filed and heir cases are lying on the shelf.





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  • JunRN
    12-27 08:06 AM
    What if you have to leave the job before 180 days, about after 150 days? When I say you have to that means there is no alternative. Employer-Employee issues. Quite a few folks here might be aware of it. But anyway, I read that USCIS will consider 180 days based on the I-485 'Received Date' and I-140 'Revoked date' will be the date USCIS act on the letter they receive from Employer requesting to revoke I-140 not the date employer will send letter to USCIS. I'm aware that there is no specific guidelines of which date USCIS will consider as 'Revoked date', but I heard USCIS mentioned verbally in many conference that they consider I-140 'Revoked date' as when USCIS act on the letter they receive from employer. Any thoughts?


    There was a previous case where USCIS denied I-485 based on the cancellation of I-140 as per 'receipt date' of the request, and not on the date USCIS acted on it.

    That case is posted in this forum and please take time to search and find it. I cannot do it for you.



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  • LONGGCQUE
    03-31 12:48 PM
    done





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  • Milind123
    08-29 11:09 AM
    My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
    I became father last month.
    My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.

    I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..

    Your comments are very much appreciated.

    thanks


    Search for FMLA over the web,
    Here is one link
    http://www.dol.gov/esa/whd/fmla/



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  • file485
    07-12 03:45 PM
    unfortunately you can't speak to anyone over the 1-800# at the Service Centre. Your boss/employer only has to call the service centre and follow up as to what is happening with the case..otherwise you r losing each day with no result...

    either the RFE is complicated for which your boss doesnt want to callup INS r what follow up with them..if i94 expires beyond 240 days you will be in more trouble





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  • ilwaiting
    08-07 02:19 PM
    Well I had explored this option quite extensively too and
    gave up my canadian PR after seeing that its not a viable option.

    PR residents and canadian citizens need to get nexus pass at the border if they intend to live in canada and work in us. You need to undergo an extensive interview with US CBP. where in quite a lot of documents and neccessity are questioned and evaualted by US authorities. Also there is no guarantee that one would get it inspite of undergoing the interview. Its like acquiring a visa. If you say you had been living in US for the last 7-10 yrs and now tell them you are moving to canada because you want to work in US, that might be a problem.

    check out

    http://www.getnexus.com/

    Cars coming into Canada and USA are checked and custom duties applied even for half eaten sandwiches. This causes uncertain wait times and delayes

    Not many IT jobs(not sure what you are) in detroit area and you need to maintain your H1 status. What if your projects ends in detroit what would you do?

    There are many more issues, can't explain all here.

    Bascially nexus is a good option for canadian citizens not for PR.


    I am an EB3 India applicant with a PD of August 2001. Cant file I 485 due to retro so cant get AP or EAD for spouse. I am currently in 7th yr of H1 and will soon be applying for 3 yr extension for 8,9,10 th yr based on approved I 140.
    I am also a Canadian PR and one option is to move to Canada. However one option which I have been researching seriously lately is to live in Windsor, Ontario and work in Detroit , Michigan.
    Windsor and Detroit are both Urban areas and twin cities on each side of the border connected by bridge and a tunnel. From Windsor most of Detroit metro is only 1 hrs drive. Downtown Detroit is only half hr drive.

    Here are some advantages to this.

    1) You keep your H1 B visa, and US Salary.
    2) You earn time towards maintaining your Canadian residency and even Canadian Citizenship.
    3) You have best of both worlds. (US Salaries opportunities, Canadian healthcare/social benefits).
    4) Spouse can work in Canada and keep H4 also.
    5) Can continue GC process without loss of security.
    6) Visit other cities in US. ie even if spouse /fly is in other city you can easily commute once a month etc.
    7) Once you get GC you can always move back to US.

    Disadvantages

    1) Crossing border each day (normally not an issue but border gets busy on some days).
    2) Paying Canadian income tax.
    3) Only possible if you get transfer to Detroit or new job there.
    4) If you own home etc or your wife is studying etc you may have to live separately for some time.

    Has anyone done this or knows anyone who has done this ? In theory and on paper its a good idea. Apparently thousand of ppl (even non immigrants) do this both ways.
    Any insights anyone can share ? This may be good option in many cases.
    Thanks



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  • sparky_jones
    09-25 11:19 AM
    Is the AP document mailed to the attorney or to the applicant?





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  • ajju
    08-29 03:56 PM
    And Code 1 means red alert uh

    Code 1 = if you applied EAD only (Index Fingers + Photo)
    Code 2 = if you applied I-485 only (All Fingers only - FBI Name Check)
    Code 3 = if you applied I=485 + EAD

    I may have code 1 & 2 reversed :-) But thats the overall concept...



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  • nocomment
    10-14 05:32 PM
    There is a section in 485 application to list your spouse and dependents. Talk to a good lawyer to see if you can still add her. Or you can live in india until you figure out a way to bring her here on student visa or something.





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  • Refugee_New
    01-07 12:00 PM
    Its really scary for IT folks in India. Read on

    http://www.businessweek.com/globalbiz/content/jan2009/gb2009017_807784.htm?campaign_id=yhoo



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  • tinuverma
    02-09 05:28 AM
    Thanks for the responses so far.
    To the bro who suggested I rather stay here than go back..well I work as a consultant thro a vendor hence that is not an option (thanks to the new memo).
    Given the market is so hot in India right now and here new policies are made to make our life tougher, only makes one's consideration to move back stronger.
    I will call up SSN office today and check out how much more is remaining of the 40 Q for me...will try and do that.
    On RONR, I will find out and post here when I have any confirmed updates - but one thing I know for sure is:
    Tax year starts on april 1st in India. If one stays atleast six months starting that date, he is still considered NRI. Hence say if you deposit 40,000 USD in SBI on may 20th...and return after october 10th, you are okay. No tax in that year..but if you came back before the six month, then there is some tax that you have to pay.

    NON - RESIDENT STATUS UNDER THE INCOME TAX / WEALTH TAX ACT:
    Condition Status
    1. He is not in India for 182 days or more during the relevant previous year. >> If yes, then he is a non-resident.
    (so check the next condition.)
    2. He is not in India for 60 days or more during the previous year and he is not in India for 365 days or more during the 4 years prior to the previous year. >> If yes, then he is a non-resident.

    RESIDENT BUT NOT ORDINARILY RESIDENT (RNOR)
    Condition


    Status

    1.


    He is not a resident, as per the above provisions, for at least 9 out of 10 previous years prior to the previous year under consideration.


    >>


    If yes, he is RNOR

    2.


    His stay in India during the 7 previous year prior to the previous year under consideration should not be 730 days or more


    >>


    If yes, he is RNOR


    http://www.nritaxservices.com/who_nri_fema.htm





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  • gc_aspirant_prasad
    07-10 09:26 PM
    It would be a smart choice to accept those application, but based on USCIS recent behaviors, I really doubt their decision makers have that intelligence to make such a smart choice.
    :)





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  • casinoroyale
    03-18 12:15 PM
    You should read that RonGothers thread - he is strongly of the opinion that maintaining H1B status while AOS is pending is useless. Moreover, it seems like USCIS can revoke your remaining H1B when they deny AOS application basically kicking you out of the country immediately. Now as a practical matter, I don't think they are doing that anyway. So guys, once you burn up your 6 year H1B, there is no real strong cushion if 485 gets denied. To heck with these laws. Stupid and irritating.






    ...and the confusion regarding this rule continues :)





    RandyK
    02-15 10:15 PM
    Googler,

    How is this possible, EB3 ROW also has a limit to how many they can use correct? They only can use what ever is beyond the 7 % used for India/China/Mexico/Phil (28% in total). Out of 1/3 of the 140K.

    Am I right here ?

    I think EB3 - ROW will stop or retro. next month or for sure in the next couple of months back to where they were. Lot of people here are saying that ROW will be current soon I am not sure where they are getting these facts.



    Optimystic -- is your PD current?

    The movement of EB-3 ROW will mop up most of the green cards left this year.





    immilaw
    09-27 01:18 PM
    The large drop in competitiveness (is that a word?) in the U.S. is largely attributed to the immigrant population posting to message boards during work hours!

    So true. If the retrogression was not there, people will spend their time on other constructive issues.



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