Tuesday, June 7, 2011

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  • GreenMe
    12-03 11:25 AM
    Hello All,

    I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.

    Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.

    Thanks,
    GreenMe





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  • vivid_bharti
    09-02 04:36 PM
    Sathya sai baba ???? You haven't known about his deeds, if you can find it read about great magician PC Sircar meeting him about 15 years ago. This is what PC said about him.
    "he's no godman, he's just a magician, not even a good magician, he should practice more".

    One of my ex-colleagues got his GC approved out of turn last year itself. He was EB3 - PD November 2005. They approved it for him, his wife and his two kids! He is a big devotee of Sathya Sai Baba and I think he certainly got his blessings on this one..!





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  • pappu
    11-30 06:15 PM
    Guys,

    If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?

    Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?

    Thanks.

    You need to invoke IV-21 :D





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  • sp0
    09-18 10:31 PM
    What if a person has active TB and is currently being treated? Doctors are saying it will take 9 months to complete the medication.

    Q1. Do we need to wait till 9 months to apply for I140 and 485?
    Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
    Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?



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  • srikondoji
    07-27 03:26 PM
    What you said is true.
    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?





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  • pdakwala
    02-24 04:29 PM
    Hello everyone,

    There is no need to get excited. How much we can achieve from this will depend on our efforts.

    Please contribute to Immigration Voice if you really want something to come out from this markup. Be generous by the way.

    Cheers



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  • gcformeornot
    09-27 08:58 AM
    What will be my options to maintain my immigration status in the following scenario:

    AC21 is not filed after joining the new employer (new job since 2 months).
    If the previous employer revoked the I-140.
    Have the same job/role and responsibilities with my new employer.
    No gap between previous and new current employer.
    Status of I-140 remains approved and I-485 remains pending in USCIS website.

    Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

    I would really appreciate your valuable suggestions.

    Thank you
    right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.

    My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.





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  • julsun
    01-03 12:55 PM
    From what you say do you mean your wife now has no current visa status?
    If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.

    If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa

    Yes she not current visa status :-( Thats why I am worried about her travel plan.



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  • GCwaitforever
    07-05 01:23 PM
    Ask them to allow you to roll it into an IRA instead of cashing out as income. You will have 10% penalty in addition to big tax bill otherwise.





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  • amit1234
    08-26 03:58 PM
    Hi,

    I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:

    My qualification: Diploma in electronics and communication Engg in India
    (3 years diploma after 10th)

    Years of experience: Since 1991 in IT (About 20 YRs)

    Green card process: EB3 Approved labor and 140.

    Situation: When I contacted one of the university in USA they informed me that I can
    do the Masters instead of BS online degree.

    My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?

    My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?

    Thanks in advance



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  • GCard_Dream
    07-27 01:07 PM
    hahaha.. this is so funny.

    Good one. Please keep it coming. :D

    There was a joke on something similar. I hope no one finds it offensive. It is just plain funny.

    This guy walks into a sex doctor's clinic and begins with "My friend has a problem..."

    Doctor: Ok..Take off your pants and let us have a look at your friend.





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  • pappu
    08-19 09:02 PM
    It takes only one person to start a movement and everyone follows it. When 4 people do it, it will be a seed for something big.

    I am sure now we will get people from across the country doing this in their towns, Malls, Grocery stores, temples, restaurants etc.

    This is how a grassroots movement catches momentum and is successful. The success of our rally depends on such people who will go out of the way and make the extra effort.


    Kudos to Sanjeev, Raj, Murali and Kumar. You are our heroes of the week.

    On behalf of core team, we thank you for this effort.



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  • pani_6
    07-03 06:24 PM
    So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..





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  • cooldudesfo
    09-11 04:19 PM
    http://www.murthy.com/news/n_begbis.html



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  • GreenMe
    12-03 01:13 PM
    Thanks for quick replies.

    The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.

    Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.

    Please continue to share your experiences.





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  • Widget
    05-25 06:51 PM
    What about validating the visas in the US? I think it was some where in Brownback amnd.

    Some of the salient points concerning legal immigrants in the CIR bill in its current form:

    1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
    Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants

    2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
    Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.

    3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
    Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants

    4. File I 485 even if priority date is not current.
    Comments: Provides relief where spouses can't work and can start using AC21 provisions.

    Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.

    And finally congratulations to all volunteers and contributors to IV for a job well done!



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  • cchaitu
    11-06 02:59 PM
    All Guru's

    My situation is little different,

    I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
    But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance





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  • nozerd
    02-25 03:55 PM
    I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.

    1) Assume I have $ 100,000 in a 401K plan.

    2) I terminate and roll over the funds to an IRA.

    3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.

    4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.

    5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)

    So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?

    Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.

    Thanks





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  • LookingForGC
    12-09 02:51 AM
    Friend of mine was started working in a diff job in few weeks. But his employer agreed and he didnt had any issue from his employer.





    casinoroyale
    01-31 02:18 PM
    Ok, this is a tough'ie.

    You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).

    That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.

    Consult a lawyer before you take any step.

    Thanks.





    ItIsNotFunny
    10-09 05:17 PM
    Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.

    I like this :)



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