Wednesday, June 15, 2011

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  • same_old_guy
    04-13 05:43 PM
    If it had 485 filing provision in it it would been wonderful. Shall we start sending email or call to Senator Chuck Hagel (R-NE) ?? What is IV's take on this ?




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  • arindamb
    03-25 08:44 PM
    I feel "related" might be the key word that can cause discomfort for a lot of people. How does one determine that ones job is related to his/her degree ? This might finally be left upto the discretion of the USCIS.

    One might have studied electrical engineering and then get in a job writing embedded systems software. Will that be a related job ?
    One might have an MS in Biological sciences but might be writing software for genetics. Is that a related job ? The list can go on.

    How far can one digress from ones degree major to still be considered related.
    I presume we might see a lot of confusion regarding STEM if the whole thing is made into a law.




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  • rsdang
    08-29 11:46 AM
    You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.

    Guys,

    I had applied for my original H1 in London, First extension in Vienna Austria, and the last one in Delhi... and when i went to Delhi Embassy site - Since I was an H1-b holder already working in USA I had the option to apply at any consular office in India... I chose Delhi and will do it again in Dec at Delhi...

    In short - unless is consular processing you can choose any consulate/embassy you want provided you have a reason to be there in that country... I think Mexico and Canada are exceptions to that rule as well...

    Hope this helps




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  • seahawks
    10-25 11:14 PM
    bump, bump and bump



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  • jsb
    01-28 02:03 PM
    per my OP, my physical receipt said my "RECEIPT date" is July 30th.
    but the ONLINE status said "it was RECEIVED on Sept 5th"\

    I was mainly concern about the wording on the online statis "received on..."

    how did you determine I was a NSC-CSC-NSC transfer case from that?
    I am a little confused here.

    thank you very much

    Systems were designed when as soon as mail was recieved, it was entered in the system. Therefore, for practical purposes, data entry date was the receive date. Many centers, when they claim, "we process cases in order we receive them...", or "our processing is within prescribed time schedule limits...", they treat this data entry date as the received date (as they think until it reached them for data entry, it is not their responsibility). When files are shuffled around, there may be a big difference in these dates, but no one has ever clarified that issue.




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  • gparr
    January 20th, 2004, 10:52 PM
    Interesting. This is my first autofocus camera. Maybe I'm trusting autofocus too much? I'll try again with a smaller aperture and maybe do a manual focus. Maybe it's just a learning curve, but I have this camera with all of this automation and it seems that, more often than not, I'm shooting in manual mode and now considering using manual focus. With my AE-1 and A-1 bodies I rarely used the automated modes. I was hoping the 300D would be better, but it seems that when I use an automated mode I'm not happy with the settings it chooses. Do you folks with the professional cameras use the automated settings very often? How about autofocus?Or do I just need to get better at understanding the automated capabilities and use them properly.
    Thanks for the image feedback.
    Gary



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  • hypersphere
    01-05 03:51 PM
    TIme to make this site a paid site with tightly controlled information access and forum features available only to the members.
    What is the purpose of increasing the membership is a majority are non contributing members. Doesnt money buys us much more then the membership numbers? Making this site a paid site will drive away most members but the remaining will provide a continuous revenue stream.




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  • eb3retro
    03-16 01:49 PM
    Hello Everyone,

    I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.

    Please advise.
    Thank you.


    how abt u update ur profile first.



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  • bestofall
    03-24 10:41 AM
    Rights and Responsibilities of H-1B Holders
    http://hyderabad.usconsulate.gov/h1b.html

    Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker

    The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

    You have the following rights as an H-1B worker:

    You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
    You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
    You must receive the same fringe benefits on the same basis as offered to American employees.
    Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
    You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
    You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
    Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
    Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
    You have the following responsibilities as an H-1B worker:

    You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
    You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
    If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
    You may not enter the United States more than 10 days prior to the petition validity date.
    You must follow U.S. laws and regulations while in the United States.
    Your spouse and other H-4 dependents may not work while in the United States.


    If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.




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  • rbharol
    08-30 12:31 PM
    questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.

    thanks

    I think for EB2 it is appx 113K USD when GC is approved.


    Correction:
    perm2gc is right. I am talking about California.



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  • MerciesOfInjustices
    02-12 01:12 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!




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  • hiyer31
    01-26 11:35 AM
    I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should NOT go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humongous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!



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  • dilbert_cal
    06-24 09:28 PM
    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you

    Incorrect tax return will not necessarily impact your 485 application.

    But knowingly filing an incorrect tax return may result in substantial fine if IRS figures it out. They do not have to necessarily find it this year - I believe an audit can be triggered anytime uptil about 7 years.

    Saving 5000 dollars or so with an incorrect tax return is good if you can live in the fear of future audit for the next seven years.

    The reason I stated "knowingly" filing an incorrect tax return is based on your statements. Clearly at this point you know your tax returns were wrong but because of penalty that you may have to pay, you dont want to amend it. Sure, if you are lucky , nothing will happen to you but thats not a chance I would like to take. Just my 2 cents.




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  • smuggymba
    05-11 02:11 PM
    I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime

    I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending

    We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice

    Are you from infy/TCS/Wipro....in that case no problem.

    and yeah...welcome to IV.



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  • bank_king2003
    06-04 03:01 PM
    really appreciate it.




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  • pa_arora
    03-11 12:27 PM
    I am sorry if this is a re-post.

    http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html


    ----
    They're Taking Their Brains and Going Home

    By Vivek Wadhwa
    Sunday, March 8, 2009; Page B02


    Seven years ago, Sandeep Nijsure left his home in Mumbai to study computer science at the University of North Texas. Master's degree in hand, he went to work for Microsoft. He valued his education and enjoyed the job, but he worried about his aging parents. He missed watching cricket, celebrating Hindu festivals and following the twists of Indian politics. His wife was homesick, too, and her visa didn't allow her to work.

    Not long ago, Sandeep would have faced a tough choice: either go home and give up opportunities for wealth and U.S. citizenship, or stay and bide his time until his application for a green card goes through. But last year, Sandeep returned to India and landed a software development position with Amazon.com in Hyderabad. He and his wife live a few blocks from their families in a spacious, air-conditioned house. No longer at the mercy of the American employer sponsoring his visa, Sandeep can more easily determine the course of his career. "We are very happy with our move," he told me in an e-mail.

    The United States has always been the country to which the world's best and brightest -- people like Sandeep -- have flocked in pursuit of education and to seek their fortunes. Over the past four decades, India and China suffered a major "brain drain" as tens of thousands of talented people made their way here, dreaming the American dream.



    But burgeoning new economies abroad and flagging prospects in the United States have changed everything. And as opportunities pull immigrants home, the lumbering U.S. immigration bureaucracy helps push them away.

    When I started teaching at Duke University in 2005, almost all the international students graduating from our Master of Engineering Management program said that they planned to stay in the United States for at least a few years. In the class of 2009, most of our 80 international students are buying one-way tickets home. It's the same at Harvard. Senior economics major Meijie Tang, from China, isn't even bothering to look for a job in the United States. After hearing from other students that it's "impossible" to get an H-1B visa -- the kind given to highly-skilled workers in fields such as engineering and science -- she teamed up with a classmate to start a technology company in Shanghai. Investors in China offered to put up millions even before 23-year-old Meijie and her 21-year-old colleague completed their business plan.

    When smart young foreigners leave these shores, they take with them the seeds of tomorrow's innovation. Almost 25 percent of all international patent applications filed from the United States in 2006 named foreign nationals as inventors. Immigrants founded a quarter of all U.S. engineering and technology companies started between 1995 and 2005, including half of those in Silicon Valley. In 2005 alone, immigrants' businesses generated $52 billion in sales and employed 450,000 workers.

    Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered.

    Like many Indians, Girija Subramaniam is fed up. After earning a master's in electrical engineering from the University of Virginia in 1998, she joined Texas Instruments as a test engineer. She wanted to stay in the United States, applied for permanent residency in 2002 and has been trapped in immigration limbo ever since. If she so much as accepts a promotion or, heaven forbid, starts her own company, she will lose her place in line. Frustrated, she has applied for fast-track Canadian permanent residency and expects to move north of the border by the end of the year.

    For the Kaufmann Foundation, I recently surveyed 1,200 Indians and Chinese who worked or studied in the United States and then returned home. Most were in their 30s, and 80 percent held master's degrees or doctorates in management, technology or science -- precisely the kind of people who could make the greatest contribution to the U.S. economy. A sizable number said that they had advanced significantly in their careers since leaving the United States. They were more optimistic about opportunities for entrepreneurship, and more than half planned to start their own businesses, if they had not done so already. Only a quarter said that they were likely to return to the United States.

    Why does all this matter? Because just as the United States has relied on foreigners to underwrite its deficit, it has also depended on smart immigrants to staff its laboratories, engineering design studios and tech firms. An analysis of the 2000 Census showed that although immigrants accounted for only 12 percent of the U.S. workforce, they made up 47 percent of all scientists and engineers with doctorates. What's more, 67 percent of all those who entered the fields of science and engineering between 1995 and 2006 were immigrants. What will happen to America's competitive edge when these people go home?

    Immigrants who leave the United States will launch companies, file patents and fill the intellectual coffers of other countries. Their talents will benefit nations such as India, China and Canada, not the United States. America's loss will be the world's gain.

    wadhwa@duke.edu

    Vivek Wadhwa is a senior research associate at Harvard Law School and executive in residence at Duke University.



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  • Jaime
    09-18 10:16 PM
    We saw many toddlers and older kids! Brave little ones!!!

    By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!




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  • lazycis
    01-11 09:05 AM
    My I-485 was filed on Dec 1, 2006. I called USCIS and had info pass and they told me that my name check is not clear. I talked to one lawyer and he is going to charge me 3500 for WOM. He has pretty good success rate. I am reading forum where they say it is better to wait minimum 2 years. Has anyone heared any case where wom is filed after one year and it was successful. My priority date is current.

    I recommend you to wait 6 more months. There are successful cases were the wait was even less than a year, but all of them are pre-NC. After NC was implemented, the average wait for successful cases is 2+ years. Saying that, you can try to file WOM now especially if you live in Northern California. Did you write letters to senators/Bush/Mr. Gonzalez?




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  • Soul
    04-28 10:50 AM
    Kit, you just copied my vote :P

    - Soul :s:




    kevinkris
    08-16 02:32 PM
    I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC.
    Not sure how long it will take.


    If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:

    huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..

    Thanks for your answers. Really appreciated




    skakodker
    07-05 01:14 PM
    Our current immigration problems are a great reason to unite, to strive to achieve a worthwhile goal. Sure we're facing challenges but, in my opinion, we have a lot to be grateful for. One has only to read the aforementioned CNN article to see just how tough life can be when it chooses to be. My green card problems (only mine, not yours) certainly seem trivial compared to the lifetime of pain life has visited upon those women. Read it-say a prayer for those less fortunate souls-and then resume the struggle with renewed determination.

    We will prevail.

    CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............

    http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html

    that is what CNN is doing now.........



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