Monday, June 13, 2011

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  • reddy77
    04-13 08:23 AM
    Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....





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  • vxb2004
    11-26 11:32 AM
    This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.


    Good Luck

    HTH

    kris



    Kris,

    Thank you very much. Appreciate your input.





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  • stueym
    07-08 04:21 PM
    Wonderful support. Thank you. So far we have over 850 viewings and have been rated 76 times and 23 comments. That has managed to push us to #6 in the News and Politics stories of the day. This morning we overtook a Ron Paul story. If you have not had a chance to check the video out, please rate it by clicking on the stars or leave a comment as that will push our position even further.

    Thank you once again. My son is beginning to get quite optimistic that CNN might just pick this one :-)





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  • eb3_nepa
    11-06 04:30 PM
    Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's



    http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf

    These roles qualify for non cap H1B's



    * Renewals of existing H1b's

    * If are working for a not for profit institution

    * If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.



    What kind of institution will your wife be a financial analyst in?


    I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.

    My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.

    I was wondering if I could use the Heallth care angle for the H1b Non Cap



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  • thomachan72
    09-07 09:46 AM
    Just as under the Indian constitution under the Income tax act all citizens whether residing inside the country or not are treated equally. the Govt will be acting against the law and infringing upon basic rights if they create different tax structures based upon place of residence for citizens. For eg:- interest on bank deposits is income generated within the country and for that there is a compulsory TDS in case of NRIs. This is a provision to prevent people from repatriating income without paying due taxes as it becomes the responsibility of the bank to collect the tax. Now as any citizen an NRI has the right to any exemptions / deductions and can claim back excess tax that was deducted when he/she files the income tax.
    I wouldn't be worried about this article unless your personal chartered accountant in India tells you something. You cannot be taxed differently from any other citizen. Let me ask you one thing; Dont you as a citizen have the right to vote irrespective of where you stay? similarly your rights dont change if you stay abroad or work abroad. Infact the govt of many states rely heavily on foreign repatriation particularly from the gulf countries.
    There is going to be a HUGE HUGE aproar if something silly like this were to happen. Its like saying, "NRIs have to pay more at the Indian gas stations because the tax is higher for them"
    Dont worry be happy it is a false article written by somebody who apparently has not understood really what he/she read.





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  • americandesi
    08-11 05:39 PM
    That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.

    If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.

    What you say holds good only if employer A had already paid the proffered wage during those 6 months.

    Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.

    Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.



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  • JazzByTheBay
    09-14 03:27 PM
    Glad to know we're advertising on the radio station, as one member suggested.

    Proof of what we can do collectively, and IV is really an organization driven by members, of the members, for the members, by the members.

    GO IV GO!

    http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg

    SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))

    http://images.jupiterimages.com/common/detail/20/99/22609920.jpg

    cheers, and see ya'll in DC!
    jazz

    He is the best - I am at work - but will listen to the radio.

    Way to go logiclife - we are with you





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  • lecter
    March 26th, 2004, 10:44 PM
    I have just joined this forum and collected my D70 last night. Used for the first time tonight took about 200 photo's with my SB-80DX flash.
    I had to use camera on A or S priority with flash set on Auto. Quite a backward step after TTL metering with the F100.
    The only Nikon flashes which provide full interaction with the D70 are the SB-800 & SB-600. Only these provide auto zoom head function, ISO from camera and TTL metering.
    Hope this helps.PM

    how do you like it?

    Meet and Greet Event in DC. [Archive] - Immigration Voice

    View Full Version : Meet and Greet Event in DC.




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  • andycool
    01-06 04:54 PM
    Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
    Best,
    Pria


    Pria

    send 2 photos too, even though the application tells do not send photos ( e filed ) , I suggest you to send photos.

    thanks





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  • eagerr2i
    08-30 12:39 PM
    Dear IV Members,

    The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.

    Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.

    These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.

    To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.

    Come on members..! and pledge in this novel pledge drive for Immigration Voice.



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  • sac-r-ten
    06-02 11:26 AM
    All the guys waiting in Canada, you can ask your passport and all other papers back from the Consulate and return to India and try stamping there.

    I have heard cases where people in india went for stamping and since they were put on Admin processing, took their passports and returned back on AP. Well, they had AP to fall back. But i think if you are too much worried staying in Canada, better to ask the consultate to return back all papers and passport and go back to homeland and try stamping there. Atleast you will be less worries in homeland and have a good time with family back there.

    Just my 2 cents.

    Good luck my friends.





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  • Munna Bhai
    12-10 08:09 AM
    Thanks for your response. Good to hear that I can file while I am outside the US.
    Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!

    you are apply later but you can't work if you don't have EAD. Normally it is good to renew EAD so that it doesn't raise any flag. Hope this helps.



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  • milind70
    07-26 10:43 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

    See here is the things that are in your favour( incase u decide to file 485 for
    yourself and not for her)

    1. You have got married before u applied for 485.
    2. I suppose you are going to get her here on H4 when you H1 extension is
    approved .
    3.Once she is in US and your dates become current you can apply for her 485
    also if your dates is not current your 485 cannot be approved.
    4. Even if your 485 is approved you have 180 days from your approval to file her 485.

    The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
    The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
    The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .





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  • ayazali17
    12-18 01:25 PM
    Hello i am new to this forum, i am looking for some answers involving stock trading? My question is: Can i invest in stocks, mutual fund, etc. while having only a EAD(work Permit)? Do i need get permission from IRS? What do i need to do invest legally? I was thinking of investing with Scottrader.

    Thanks in advance for all the replies.



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  • hello
    04-14 12:36 PM
    Hope we can get more people here.





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  • gc_check
    02-22 08:07 PM
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  • fide_champ
    03-14 02:10 PM
    hello,

    My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.

    If you have a valid US/Canada visa stamp, then you do not need a transit visa for Germany.





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  • rockstart
    03-22 09:15 AM
    Your post is confusing. Can you please add details. Is her visa (stamping) denied or her I 797 (H4 approval I forget the number its I5XX something) that was not approved? I am assuimg its the later. Any case its always prudent to exit the country immediately in order to maintain status.





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  • antihero
    11-27 12:36 AM
    If we have an AP, then do we still require a transit visa?

    I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.





    vgghanta
    05-24 10:01 AM
    I am a Pharmacist. Changed the employer oct 2006. Had my perm filed thru previous employer and also I-140 approved thru previous employer in Aug 2006. My new employer has initiated the process for PERM. What will happen to my case? Will I be under old system or will I go under merit based system.

    If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.

    Someone please advise. I guess I have to repent for changing the employer.





    kk_kk
    02-03 06:51 PM
    I can say for sure, Canada PR is not going to work because I went through the same situation and I was not allowed to board British Airways flight in Hyderabad with Canada PR and US AP.

    I am still fighting with BA for getting an refund.

    I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended



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