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  • sayonara
    11-26 11:35 AM
    In our case, the primary applicant has received FP but the dependent has not yet received, has this happened to anyone?

    I called Customer Service and now they ask that we wait 180 days from the time the case is transferred to NSC before enquiring about it !





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  • eager_immi
    01-25 12:46 PM
    Thanks for your support, Please ask a core member i would think "pappu" would be the best.
    Thanks

    Why don't we just voluntarily mention the amount that we contributed in our signatures ? Since contributions are voluntary, so should be the option of disclosing information on it. When many contributing members start furnishing their contribtion information voluntarily, it becomes the "fashion" and others will follow suit, as no one wants to look like a free-rider.

    As for the veracity of the information, we got to trust each other on that and follow an audit policy- I assume the core members/ administrators have the ability to cross-check the contribution information if someone looks suspicious. Anyone caught furnishing false information can be blacklisted. Such a policy minimises the work of the core team, without being overly intrusive.





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  • chi_shark
    07-07 06:00 PM
    i sent something like you have desribed in option 1 for my evl rfe. my lawyer drafter it and the only legalese reference was : [please continue his process] "as per section" yada yada yada "of the American Competitivenes in the 21st century Act".

    Hi,

    My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.

    Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.

    Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?

    1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
    2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
    3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.

    Sorry for a long post and thanks for any suggestions.





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  • arihant
    10-06 10:09 AM
    I had sent an email to rags months before about this friend. He decided to become an expat and move to India while his GC still languishes in the labor stage. He is an engineering manager who works for one of the big oil service companies (Think of word association with the Vice President). He would have been invaluable to this country as the country tries to become more self-reliant in the energy sector. Instead, he now lives in India and services oil wells in Russia. How is that for loss of competitiveness (loss of his service as well as his tax money to other countries)!



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  • gc_chahiye
    01-11 12:17 AM
    Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.

    employer can withdraw I-140 any time. A withdrawl after 180 days of 485 filing should not impact the original beneficiary.

    However these cases of substituted beneficiary using an I-140 when the underlying labor has been already been used by someone else for an approval, is a very gray area. USCIS has denied such cases in the past. search for "AC-21" + "mitosis" on Google to see various theories and threads about this...

    I would second the suggestion to let this go, but talk to a very good immigration attorney like Murthy/Rajiv Khanna. A 30 minute consultation might be a worthwhile investment.





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  • jayleno
    09-19 03:42 PM
    Your wife/husband/girl friend/boy friend must have already voted on the poll. Yes, this poll is that smart..no duplicates...we(dont ask who the we is) want the exact count. Apparently the exact count is very critical for watever it's intended. :)

    Voters: 155. You may not vote on this poll



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  • pappu
    07-05 01:57 PM
    Make sure to put your name, address and phone number in your mails. Only illegals are anonymous and can live in shadows. Legal immigrants need to feel proud of being legal in the country and following all the laws. Only then this campaign will work and give an opportunity for media and lawmakers to contact us.





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  • glus
    10-19 08:22 AM
    USCIS officially released the information that total I-485 applications which were related to July VB fiasco before August 16, 2007 were 320,000. During the period, the USCIS received 400,000 anxillary applications (EAD and AP), and substantial number of concurrent I-140 petitions. All of these figures added upto 800,000. For the USCIS verification of this information, please Q&A between the USCIS and AILA as part of the Community Relations meeting on September 25, 2007. This has been made available today.

    http://www.immigration-law.com/Canada.html

    :):):):):):):D:D:D

    Good to see "good news." It will take many many years for our dates to become current if there is no change in the law. So yes, it appears like some positive news, but without law being changed we are screwed anyway.

    Regards,



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  • coldcloud
    04-01 12:47 AM
    Done





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  • rani77
    02-07 11:52 AM
    My employer applied in PP and it was approved. details are give below.

    Date of mailing -1/23( i presume must have used Fedex overnight)
    Date of recipt/acknowledgement- 1/24
    Date of approval- 2/4( online)
    Date of approval email sent - 2/4

    The only hitch was that they applied for 3 years extension based on 140 approval and even thougt 485 is filed the PD is not current,but got approval for 1 year only . The problem here i think is that i am completing 5 years oh H1B in feb 2008 so they extended only for 1 year till feb 2009 . Anyway that what you get when u ask your HR to file rather than have an attorney file ot handle the case. I had requested them to have an attorney handle the case but they gave me assurances that they will handle it and will do it in PP. Now i am sure they are repenting as i dont expect my GC approval for next 2 ot 3 years and now they got to shell out 1500 buck for extension every year or atleast for the next year when they retry for a 3 year extension in feb 2009.i had a word with my HR she said she is going to inquire with USCIS and discuss the case with attorney on what ground they offered one year extension and not 3 year



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  • langagadu
    12-02 06:53 PM
    Are you sure he is an attorney? May be he is a normal guy like me still in his halloween costume as Attorney.:D

    Hi Experts,
    The question i've is:
    I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.

    Thanks,
    Abhi





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  • ken
    08-11 02:14 PM
    My case was also transfered to Local office Miami,Fl back in April 2008.

    I opened a thread too here is a link : http://immigrationvoice.org/forum/showthread.php?t=18438

    Even I called USCIS and they told me that they don't have any clue why it is transfered.



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  • Templarian
    03-18 01:13 PM
    :lol: Thanks guys.





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  • genscn
    01-24 04:03 PM
    Send school the copy of EAD and I-485 for her and that should be it. After that, they can report to whoever they want (ofcourse they won't because there is nothing to report since your wife can continue with the school on EAD without registering for cradit hours)

    I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.


    My questions is:
    1) Can she continue working on her Thesis on her EAD and AP ?
    2) What will happen to her f1 if she use EAD

    In response to these questions my Lawyer said

    1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.

    2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.

    What do pro�s think..:)



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  • h1b_slave
    02-28 12:18 PM
    i believe that whatever the above stories convey it does not apply to skilled workers......life in india/china has got better only in the last 5-7 years....otherwise i have seen above average people in india retire with barely enough to live a good life.

    if a skilled worker spends 6-7 years in usa with good financial planning he can easily retire, unless one has really started living the dream(big car....big house...all the latest gadgets....yearly india trip...etc..)

    i do agree that this story can be related to a non-skilled worker from any country....(even below average americans have nothing except for social security when they retire....)

    techy2468 I hope you are kidding & r not serious :) . If you are then u need to meet someone (ofcourse skilled professional) who came 6 /7 yrs ago & ask his opinion on retirement or check out where he stands.

    You did not mention any figures (would love to see them from you as well as others reading this thread ) so not sure what you consider to be good savings/financial planning for retirement ?

    According to you all those who came in 1999/2000 have enough savings & can start thinking of retirement now.
    Do you all guys agree to this or is it only me who is still poor :D ?

    Here are some approximate figures, which i hope go for most of the skilled professionals
    Assume billing rate: $90K - $100K per year
    Consulting Company cut $ 30K - 40K per year
    Let's say average salary is: $60K ( i know many professionals r working for even less but let's include some little rich guys too :) )
    Now 60K means $5K salary per month
    After Family Health Insurance (considering married) & taxes salary in hand is $3500 to $4000

    Let's take $4000 in hand
    Now expenses :-
    House rent : $850
    Car Insurance : $150
    Car Loan payment : $250 (assuming used Toyota/Honda for 8K - 12K, No big dreams :) or rich lifestyle )
    House Utilities bill : $150 (like water, electricity etc)
    Cable/Internet/phone : $75 ( No HBO or special channels - No big dreams :) )
    Grocery : $500
    Eating out once a week : $125
    Lunch out : $0 ( ask your wife to give u lunch :D - No big dreams)
    Misc $300
    Total monthly expenses $2400
    (living an average middlecalss lifestyle)

    Savings per month 4000 - 2400 = $1600

    Now in 6 - 7 yrs (assuming the person worked like a "Donkey" :D with not a single vacation , no trips to india)
    12months X 6/7yrs X 1600savings = $ 115,200/ $134,400 (Total Savings)


    Do you really think this is sufficient to buy a house & lead a retired life either here or in india ???? or maybe i hv started thinking big :D
    (By the way even after 6 yrs i don't hv anything close to above figure -maybe because i did't live/work like a donkey)





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  • vikasgarg24
    01-07 02:08 PM
    If you missed last time In 2008 then dont bother. You can still claim with 2008 tax filing. (If you are eligible).

    Dont do these mistakes

    1. File Married Filing seperately and later amend the tax return. You will do a Big mistake and many times case is screwed and you will lot of problems. I personally handle some of the cases where client screwed the case and we correct the tax return. But for CPA also is a Big pain. and most of the time IRS people will confused and you will be keep getting demand letter and they will treat as a seperate tax return.

    2. 2008 payment was just a estimated payment only. This will trueup with 2008 tax filing (in 2009).

    Pl consult with CPA / Good tax preparer who has good knoweledge how to handle immigrant taxes.

    Vikas Garg, CPA
    vikas@vgcpainc.com

    Disclaimer
    This is a personal opinion and I am not responsible for any action taken by reading this message. Every case has a different situation, so please use at your own risk.



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  • enggr
    10-28 10:05 AM
    Very Useful thread. Guys please don't vote this as nott useful





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  • looivy
    07-14 05:54 PM
    Excellent sanju...CNN is FOX News in a closet. There is no independent media left anymore.

    Larry King pushed Michael Moore schedule to cover Paris Hilton interview. That shows their committment to quality news.

    I will do the same.

    A few days I called Comcast to disconnect CNN and CNN headlines from my cable. The Comcast representative was surprised as to why I want to cut CNN. She transferred me to her supervisor. The supervisor noted down my complaint and said that he will get back to me in 3 business days. Next day I got a call from Comcast that they will block CNN entirely from my cable. I thanked them as I will not have bigotry coming into my house anymore.





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  • Randy
    02-22 07:43 PM
    Guys,

    Its quite a gathering out here who have shown some interest or support for the Green card issue for the PhDs. I see numbers increasing slowly. I am networking and try to get more PhDs involved and become aware of the PACE Bill. Friends from many universities are contemplating the line of action to get a change in the language as well as to include the current PhD students/PhD holders in getting benefits from the bill.

    I and my friends have drafted a letter and will be sending to our senator (Allen Specter) very soon. It will be great if many more enthusiasts come out and show their support / give their suggestions openly.

    So lets keep it rolling.





    viva
    11-30 07:02 PM
    Guys,

    The reality is that we are just being played upon by the companies and the US govt regarding green cards. Employers know that we are not going to budge from our jobs to maintain the coveted priority date and the government is in no big hurry to reform the system as they can collect taxes from us without being accountable to us.

    I think Democrats are also going to drag the immigration issue as seen by the article below :
    http://www.suntimes.com/news/otherviews/151357,CST-EDT-Perez28.article


    I do not mean to doubt IV, but the writing is on the wall that our lobbying efforts are not going to go too far.

    For all of you single people out there, the only fastest option is to marry a US girl/guy. For all those who are married, the choices are simple, forget the American dream and adopt a Canadian or Australian dream or endure the uncertainty of a green card application.

    I have reached the conclusion that I cannot bear this uncertainty any more and therefore, I am pursuing other options. Ciao...Good luck to all those waiting for a GC!





    bajrangbali
    04-10 12:31 PM
    Beautiful friday and these scumbag news! If he sues you, counter-sue him for unnecessary duress.

    First things, he will never sue you...it costs him more than what he can ever get from you so dont bother
    Regarding your pay: if you did not get paid for the time you worked, do you still have the timesheets you submitted at client-site? If you have them prepare a complaint with DOL, attach the timesheets and clearly mention what has been going on since you completed work and any emails or phone bills showing calls between you and employer. Clearly mention your employer threatened to sue you if you pursue opportunities outside his company.

    Filing a complaint is easy, cheap and risk-free - do not be afraid - and do not be rude - just do it

    Let the scumbags pay for their crimes...:mad:



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