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  • vactorboy29
    02-24 12:51 PM
    Basic purpose of our forum is to create awareness/educate legal Immigrants so that they can get help for there cause at the same time we get some help from them to push forward this movement. Recently we are seeing big inflow of queries because economy is bad our brother and sisters getting in deep trouble.
    How we can voice our concern in this bad time key is to find the solution.
    My thoughts on this................
    1) Get the help from our Indian/Chinese community on all levels like city, state and national level.
    2) We will run advertisement campaign about, who we are and where we stand. This adv. could be air on Lue's show or even on other popular shows...
    3) We need lobbying in congress .I know we have this in this place but we can show our strength through legal Indian/Chinese Immigrant plus Indian/Chinese American citizen then we got big weight in our plate.
    4) To get all of the above and may be more we need Money and Man power to execute this.




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  • reddy77
    01-13 06:11 PM
    Thanks Guys for taking time and replying to my questions, was able to get answers for all my queries. Thanks ...




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  • meridiani.planum
    04-17 08:38 PM
    The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.

    It is always good to wait till the new application is approved, and the approval notice has been received.

    just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.

    I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)




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  • kaisersose
    07-24 03:07 PM
    ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.

    I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(

    Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.

    Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.

    If they say you have to start afresh, then you can consider packing your bags. Good luck!



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  • vinabath
    03-24 03:10 PM
    Thanks for the news vinabath. You know what?

    Indian cricket team won the world cup last night. They beat West Indies.

    Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.

    Nice one buddy. LOL.




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  • dixie
    02-12 07:36 PM
    Also do you know which is more difficult to get approved EB3 or EB2 without raising any red flags ? I am trying to understand which one is safe to play.



    EB3 is generally easier to pass scrutiny at the I-140 stage. If you are from ROW, however, switching to EB2 has a HUGE advantage - you are talking of the difference between waiting at 3-4 years to get even an EAD card and potentially getting your GC in an year (EB2 ROW).

    If you are from India, there is no significant benefit to switching. The only difference is the date on which the PD is stuck - whether it is April 2001 or Jan 2003, the dates are going to remain there for the next decade absent CIR/SKILL. If CIR/SKILL does get passed, both will likely become current. Either way, you don't gain much although I see an inexplicable rush from EB3 India folks to jump to the EB2 bandwagon.



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  • teddy the dog
    02-07 08:59 PM
    Advance Parole. You are not alone. :)




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  • hoolahoous
    05-27 12:49 AM
    ...I like the attitude :)

    i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
    so dream on..



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  • diptam
    01-16 12:45 PM
    indyanguy,
    Sorry to see that USCIS is bugging you. I think i know you from the "Letter to Ombudsman" forum ... I also got a useless RFE but not for experience letter, so you may use my experience letter as benchmark.

    I asked my friend ( who is a Project manager at my old Company) to getted it notarized ( what we call attested at India) from the local Bank. The Bank officer will just make sure the undersigned is the actual signee... No company HR will do all the crap , so its better to go via the Friend/Ex-coworker route ... Unless you get GC , you need to maintain old relationships :) anyway , here you go ....

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    May 05, 2007

    RE: XXX YYY


    TO WHOM IT MAY CONCERN:



    This letter is to verify that Mr. XXX YYY was employed by GGGGGG as a full-time Software Engineer from August 1998 to October 2004.During this period he worked 40 Hours per week.

    During the period of employment at GGGGGGG Mr. XXX YYY�s duty were to Plan, design, develop, test and document application software using XML, JSP,EJB,JDBC,ASP,VB,COMObjects,XSL,JavaServlets,Ja vascripts,DHTML,Linux,CSS,Domino & Lotus Notes,.Net,ASP.Net,SQL Server 2000,WebLogic,Websphere with ORACLE database in Windows and Unix environments.


    Mr. XXX YYY has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. YYY all the best in his future endeavors.

    Sincerely,




    _____________________________
    Mr. CCC DDDD
    Project Manager

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Thanks.

    What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?

    Does 1 each serve the purpose?

    With the initial packet, I had sent
    1 letter from Company A (By the director on letterhead)
    2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)




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  • mrdelhiite
    07-24 03:23 PM
    One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

    Thanks you for your time.

    His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.

    Thanks
    -M



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  • sukhyani
    12-18 03:54 PM
    Hi guys,
    I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

    My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

    I wonder what is happening....


    Same here! my PD is 09/04 ROW, June 5th filer, got an LUD on 12/10 when my case was transferred to National Benefits Center and then two more soft LUDs on 12/15 and 12/18.




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  • a_yaja
    09-13 03:14 PM
    Hi pd052009,
    Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
    Thanks.

    To give you an example, consider the following:

    1. From employer A, your EB2 Priority Date is July 7th, 2006 and your country of chargeability is India. Per the Oct. 2010 visa bulletin, your date is not current.
    2. You change employer to employer B who files your PERM on July 17th, 2010 and you get it approved followed by I-140 approval as well (premium processing)
    3. PD from second employer's EB2 GC process is July 17th, 2010 - but due to earlier approved I-140 you are able to port your PD and hence the PD on your second I-140 approval is July 7th, 2006 (assuming that the attorney asked for porting of PD).
    4. From both your approved I-140 - your priority date is still July 7th, 2006. However, from Oct. 2010 visa bulletin, cut off date is May 8th, 2006. So your date is still not current. For your date to be current, the cut-off date has to be July 8th, 2010 or later.

    Hope this helps.



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  • snelakan
    07-04 09:32 PM
    My state in four lines

    1) Came to US on F-1 Visa, never completed my masters

    2) Shifted to H-1B and i have been with the same client and havent been to India for four years.

    3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.

    4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping

    But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.

    But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.

    I had so many hoped on the current numbers . Any idea guys what can i do?


    If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.




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  • sri1309
    03-25 05:36 PM
    I think we all should vote for just one immigration related question

    After logging in, if you search with "immigration", I think there are atleast 25-35 posts which are related to us. I created my question just now and went thru all the 171 questions and voted FOR all of them which are good for us.

    Core Team,

    Thursday is the deadline.. President is asking us to help him understand our issues. Can you please make this an action item.. Pleassseeeee....



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  • hydubadi
    03-31 12:19 PM
    Thanks for the reply.

    How to dispute against this fake criminal record in background check.




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  • tnite
    07-19 10:14 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


    For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.

    There is nothing to worry about in your friends case.
    If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
    As a resident tax filer, these are some of the advantages.
    I dont understand why your friends are worried about this.

    check this out (http://www.irs.gov/taxtopics/tc851.html)

    --------------------------------------------------------------------------

    Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

    You are considered a resident alien if you met one of two tests for the calendar year.

    The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

    The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

    A foreign government–related individual,
    A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
    A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
    A professional athlete temporarily present to compete in a charitable sports event.
    -------------------------------------------------------------------------

    Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.



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  • unit
    09-16 03:57 PM
    I am also in a similar situation, and have the same question.
    Any one with answers?




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  • raysaikat
    05-30 01:22 PM
    Hi,
    I am on OPT till August 2009.
    However my F1 visa expires May 30 2009.
    Also I do not have a job at present.

    Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?

    Worried,
    P

    The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.

    Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.




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  • gsc999
    07-17 04:17 PM
    Let us start sending Thank you flowers to IV core memebers such as Logic life, pappu ( i know only these two people) Please add to the list if you know anybody belong to Core team.
    --
    We recently used flowers as a sign of protest. My suggestion is not to send flowers to either IV core or congresswoman Zoe Lofgren or anyone else. That might send a mixed message although the intentions are good.

    Instead of flowers, I recommend a funding drive. That would help the core IV to have more resources at their disposal to push for the next step, which is long term solution for visa retrogression.




    rampaadh@hotmail.com
    05-19 07:31 AM
    I sent a detailed mail to Chennai Consulate yesterday for scheduling an appointment and got response in 2 hours! They said Transportation Letter is required for this case and i need to carry required documents to prove that my daughter's case was approved. Fee is around $175. Initially I thought I should apply for Returning resident visa, but they said it is not necessary and Transportation letter is fine.

    Transportation Letter - U.S. Consulate General Chennai, India (http://chennai.usconsulate.gov/immigrantstous/lost/stolen-green-card.html)




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