StarSun
08-18 09:41 AM
The conference call in details are as follows:
Time: 9:00 pm EST on Thursday, Aug 19, 2010.
Dial in: 1-712-432-3030
Code: 436964
Members are requested to post their questions on this thread or send the questions to IVCOORDINATOR@GMAIL.COM. Members have to be present for their question to be raised in the call. We should be able to accommodate 10-15 questions in this call.
Please join the conference at least 5-10 minutes early to notify me of your presence, and the questions will be taken up based on this order.
Future conference calls with the attorney on a regular basis will depend on a fair amount of participation tomorrow.
Time: 9:00 pm EST on Thursday, Aug 19, 2010.
Dial in: 1-712-432-3030
Code: 436964
Members are requested to post their questions on this thread or send the questions to IVCOORDINATOR@GMAIL.COM. Members have to be present for their question to be raised in the call. We should be able to accommodate 10-15 questions in this call.
Please join the conference at least 5-10 minutes early to notify me of your presence, and the questions will be taken up based on this order.
Future conference calls with the attorney on a regular basis will depend on a fair amount of participation tomorrow.
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kshitijnt
06-10 11:23 PM
Press coverage in India is an excellent idea. I think this bloody american press is biased. We should all write to Indian press and highlight our issues in strong words. If we can get 100+ letters to TimesofIndia, HT, IE , NDTV, Deccan, Hindu, etc, we can highlight the discrimination and indentured servitude to the young Indian generation who has high hopes for USA. If 100+ H2B workers can stage dharna in front of an embassy/white house why cant issues of Indian people get highlighted? Lets us show the job here in the same light as slavery in middle east. I am sure David Mulford will be ringing a few phones after that.
dealsnet
08-18 09:53 AM
Try EB3. Don't spend time and money for EB2 with 3 year degree.
It is waste. You will learn this in a hard way.
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
It is waste. You will learn this in a hard way.
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
2011 Darren Criss, quot;Glee#39;squot; latest
d123
10-04 11:17 AM
I signed the G-28 for 485, EAD & AP. Attorney received the receipt notices for all and he just emailed the case no(s) and A #.
When I ask him to mail me the receipt notices, he says its not their general practice to send them to clients and they are really not useful when I start getting the FP notice etc...This is really weird!
Folks - Is it possible to get a copy of the receipt notices by calling USCIS?
Thanks in advance!
They are scared that you might change lawyer??
When I ask him to mail me the receipt notices, he says its not their general practice to send them to clients and they are really not useful when I start getting the FP notice etc...This is really weird!
Folks - Is it possible to get a copy of the receipt notices by calling USCIS?
Thanks in advance!
They are scared that you might change lawyer??
more...
needhelp!
02-11 05:15 PM
When will Jan 2007 become current?
zram1977
12-10 09:11 PM
This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.
Thanks
Ram
---------
EB3 India PD Feb,2006
Thanks
Ram
---------
EB3 India PD Feb,2006
more...
saketkapur
10-26 02:41 PM
consult a good immigration attorney.....they know how to navigate the legal mumbo jumbo and what kind of response that needs to be sent.....
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longwait4gc
02-08 06:39 PM
Disclaimer - This is only based on my knowledge gathered from different forums so take it as its worth.
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
I agree with your research on India's tax Status. But I believe for US tax purpose we wont be Resident Alien unless we pass Substantial Presence test (unless we have a GC). We will be considered as Non Resident Aliens. The standard deduction for NRA's is 3k not 10K. Above 3K we need to pay 30% flat rate tax. If you have 30K and if you withdraw 10K per year then your tax will be paying 2100$ tax and 1000$ withdrawl penalty per year. In summary your tax rate could be upto 40%.
One other strategy is withdraw everything the leaving year and pay tax and put it in some investment like stocks, mutual funds or some savings. The gains wont be taxed in US if you are NRA (There are some exceptions like real estate stocks etc.). It won't be taxed in India due to RNOR status. So you can avoid taxes on the gain.
Disclaimer: Above is my interpretation from NRA tax law which could be wrong.
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
I agree with your research on India's tax Status. But I believe for US tax purpose we wont be Resident Alien unless we pass Substantial Presence test (unless we have a GC). We will be considered as Non Resident Aliens. The standard deduction for NRA's is 3k not 10K. Above 3K we need to pay 30% flat rate tax. If you have 30K and if you withdraw 10K per year then your tax will be paying 2100$ tax and 1000$ withdrawl penalty per year. In summary your tax rate could be upto 40%.
One other strategy is withdraw everything the leaving year and pay tax and put it in some investment like stocks, mutual funds or some savings. The gains wont be taxed in US if you are NRA (There are some exceptions like real estate stocks etc.). It won't be taxed in India due to RNOR status. So you can avoid taxes on the gain.
Disclaimer: Above is my interpretation from NRA tax law which could be wrong.
more...
virens
09-26 03:11 PM
My application reached USCIS on Aug 14th.
How do you guys get to track the status online, do you get the receipt and then track it online.
I am from arizona and dont know which place my lawyer filed the I 485 app with EAD and AP. Is it that applications from arizona go to a specific location so that i can go to USCIS website and get some approximate date.
Please do let me know.
Thanks.
Yes, you create an online account on https://egov.uscis.gov/cris/jsps/login.jsp with the provided receipt numbers.
You can also choose to get email notifications every time there is a change in status for any of your applications.
How do you guys get to track the status online, do you get the receipt and then track it online.
I am from arizona and dont know which place my lawyer filed the I 485 app with EAD and AP. Is it that applications from arizona go to a specific location so that i can go to USCIS website and get some approximate date.
Please do let me know.
Thanks.
Yes, you create an online account on https://egov.uscis.gov/cris/jsps/login.jsp with the provided receipt numbers.
You can also choose to get email notifications every time there is a change in status for any of your applications.
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GCBy3000
07-19 04:53 PM
How many single folks are here in forum and contributing $100 per month. I dont think the ratio of members registered to members contributing make any sense at any time to do any lobbying for specific group. IV should have one goal and stick to it. I appreciate those singles who contribute and work as a team with IV. No offense. But with 20,000 registered users, there are only less than 500 recurring contributors. Some are not even registerting.
What happened/happens to the PBEC / DBEC backlogged people? They are in the worst situation than these single fellows.
What happened/happens to the PBEC / DBEC backlogged people? They are in the worst situation than these single fellows.
more...
rbms
09-19 03:35 PM
Voters: 155. You may not vote on this poll
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ragz4u
02-27 10:29 AM
A bit melodramatic, but i can relate to that. I lost one of my parents to this "US dream". But that is my personal problem.
I know of a colleague who lost her father but could not go to perform the last rites because she did not have the H1 stamped and the earliest appointment that any consulate in India was giving her was 4 months away.
I know of a colleague who lost her father but could not go to perform the last rites because she did not have the H1 stamped and the earliest appointment that any consulate in India was giving her was 4 months away.
more...
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zoooom
08-24 10:41 AM
Based on what I heard(my experience too), if your attorney submits your I485 along with EAD and AP, you don't get a FP on the EAD card. When you apply for EAD online, then you will do a FP based on the FP notice that you will get later.
To activate EAD, you need to go to SSN office and apply for new SSN and once you get your new SSN, you are all set.
This is only my experience. For expert advice, always check with a qualified attorney
My wife will be on H1(currently on H4) october onwards...we received our EAD's yesterday. Can I still go and apply for SSN? I mean will that mean she is on EAD and H1 no longer valid?
To activate EAD, you need to go to SSN office and apply for new SSN and once you get your new SSN, you are all set.
This is only my experience. For expert advice, always check with a qualified attorney
My wife will be on H1(currently on H4) october onwards...we received our EAD's yesterday. Can I still go and apply for SSN? I mean will that mean she is on EAD and H1 no longer valid?
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53885
08-16 07:14 PM
While we can seek IV's help in this for future.......
If majority of the people
- dont want to be involved with IV action items,
- can not overcome their obsession about receipt notice and FP notice and EAD/AP approval...., and anxiety attacks about visa bulletins
then there will be a time where there is no IV.
If majority of the people
- dont want to be involved with IV action items,
- can not overcome their obsession about receipt notice and FP notice and EAD/AP approval...., and anxiety attacks about visa bulletins
then there will be a time where there is no IV.
more...
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man-woman-and-gc
03-03 02:11 PM
i think "same or similar" job is common sense thing to keep in mind. You dont want to specialize in software architecture the switch to building construction architecture ;) also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what i mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an ac-21 letter which must come from your new employer.
So you can apply to any jobs that say employers cannot sponsor visa or gc because you are not technically seeking their direct support for your pending i-485 adjustment. If they ask for proof of employability, present your ead (formally called form i-766) and you should be good to go. Ead form i-766 is listed as a list a document on form i-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/i-9.pdf
list a means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old h1-b, etc.
a.w.e.s.o.m.e.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an ac-21 letter which must come from your new employer.
So you can apply to any jobs that say employers cannot sponsor visa or gc because you are not technically seeking their direct support for your pending i-485 adjustment. If they ask for proof of employability, present your ead (formally called form i-766) and you should be good to go. Ead form i-766 is listed as a list a document on form i-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/i-9.pdf
list a means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old h1-b, etc.
a.w.e.s.o.m.e.
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REQUIRE_GC
11-19 01:57 PM
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bsbawa10
09-11 02:49 PM
Why don't you contact some senator! You have been current for so long ..
because USCIS is not even willing to talk if the Service center does not have processing dates current. And if my case is in California (which website says), then the processing dates are not current and have never been current and probably will not be current for a very long time. CSC does not process 485 applications at all.
because USCIS is not even willing to talk if the Service center does not have processing dates current. And if my case is in California (which website says), then the processing dates are not current and have never been current and probably will not be current for a very long time. CSC does not process 485 applications at all.
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gconmymind
06-17 04:08 PM
Thanks for the info. I still have a few doubts.
For 1. I will be having the marriage certificate at the time of filing, which will be in July. That time my spouse will be in India, as she will apply for her H4 and then come (latest by August). What I wanted to know is that if my PD is NOV 2006, doesn't that make me current. I know people are saying that visa numbers may not be availabe in Sep, but if all PD are current till June 2007, and if my wife will get my PD, what difference does it make if she files in Aug or Dec 2007. What will happen in Dec that will not let her file I-485. I am meeting my attorney next week, but with the pathetic interview scheduling system, it would be good to know so I can get an earlier date for her.
The priority dates are current right now and anybody with approved labor can file 485 (concurrently with 140 if that is not approved/filed). Your priority date is Nov 06, so you can file now, but by the time your spouse is in US, the dates may retrogress (for example, lets say for discussion sakes - Jan 06). In that case, if the dates eligible for filing are before Nov 06, your wife will need to wait till the date becomes Nov 06 again. Hope this clarifies some of your questions.
I am in the same situation and trying to figure out the best way possible. Please let me know if you or anyone finds anything relevant. Thanks guys, this is a very good forum!!
For 1. I will be having the marriage certificate at the time of filing, which will be in July. That time my spouse will be in India, as she will apply for her H4 and then come (latest by August). What I wanted to know is that if my PD is NOV 2006, doesn't that make me current. I know people are saying that visa numbers may not be availabe in Sep, but if all PD are current till June 2007, and if my wife will get my PD, what difference does it make if she files in Aug or Dec 2007. What will happen in Dec that will not let her file I-485. I am meeting my attorney next week, but with the pathetic interview scheduling system, it would be good to know so I can get an earlier date for her.
The priority dates are current right now and anybody with approved labor can file 485 (concurrently with 140 if that is not approved/filed). Your priority date is Nov 06, so you can file now, but by the time your spouse is in US, the dates may retrogress (for example, lets say for discussion sakes - Jan 06). In that case, if the dates eligible for filing are before Nov 06, your wife will need to wait till the date becomes Nov 06 again. Hope this clarifies some of your questions.
I am in the same situation and trying to figure out the best way possible. Please let me know if you or anyone finds anything relevant. Thanks guys, this is a very good forum!!
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thomachan72
06-22 10:15 AM
Copsmart/Frostrated/anilkumar0902/Uma001/desitechie/Optimist/Other Guru's,
Thanks in advance for any suggestions you can provide
Here is the current status:
- Consulted my lawyer and went thru all docs they submitted as part of my I140 package. On my last employer experience, found out that I had submitted only one affidavit from a co-worker and that would cover for less than 60 months of experience at my last my place.
- Came up with a list of some 30+ documents that include paystubs from US/India, W2/Form16's, letters submitted to CIS by previous company for new H1b back in 2003 and then for an extn in 2006, appreciation letters and other material on previous company letterhead. Discussed this with my lawyer
- Lawyer is of the opinion that we can prove our case of alternate evidence based on documents i am producing.
- Plan is to submit an affidavit from me that i was unable to get an exp. letter from my previous employer mentioning reasons on why its not possible, submit 2 affidavits from ex co-workers covering span of 63 months.
Based on your scenario or known people, can one of you respond to how should i approach following issues:
1) I am going to draft content for experience letter non-availability. I have mail trail from last 1 year following up on asking for details of $12K. Same mail mentions that am asking for experience letter and provident fund amount back from HR. Will it be a good idea to attach deputation letter mentioning 5 lac indian rupee to be paid for breach of terms and a 100 rupee bond paper contents which i signed before US deputation. Will it be Ok to mention that previous employer is asking for $12K settlement amount to provide experience letter and attach copies of bond and deputation note OR only mention that am unable to get experience letter and i have been following up with HR for last 1 year and attach email trail as evidence. Any pros and cons from CIS perspective on which approach to choose.
2) Any other documentation that needs to be submitted ? Supporting evidence alongwith company lawyer detailed letter, 2 affidavits from co-workers for skills and duration, self affidavit for experience letter not available will be -
> Paystubs from US/India, not for all 63 months but for some months in 2004/6/7/8.
> W2's for 2005/6/8.
> Form 16 for 2005-6/2007-8
> Offer letter, yearly appraisal letters, US deputation letters, appreciation letters, ID Cards, 3 Business cards showing change in designations.
I would highly value the following since you already have them; Offer letter (hopefully having some of your duties and benefits indicated), yearly appraisal letters (for all 5 years if possible), copy of the Indian income tax forms, appreciation letters + affidavit from couple of your colleagues.
The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones.
List the evidence on a seperate paper in the order of importance and then arrange the actual evidence or notarized copies in that order.
It will work out so dont worry.
Thanks in advance for any suggestions you can provide
Here is the current status:
- Consulted my lawyer and went thru all docs they submitted as part of my I140 package. On my last employer experience, found out that I had submitted only one affidavit from a co-worker and that would cover for less than 60 months of experience at my last my place.
- Came up with a list of some 30+ documents that include paystubs from US/India, W2/Form16's, letters submitted to CIS by previous company for new H1b back in 2003 and then for an extn in 2006, appreciation letters and other material on previous company letterhead. Discussed this with my lawyer
- Lawyer is of the opinion that we can prove our case of alternate evidence based on documents i am producing.
- Plan is to submit an affidavit from me that i was unable to get an exp. letter from my previous employer mentioning reasons on why its not possible, submit 2 affidavits from ex co-workers covering span of 63 months.
Based on your scenario or known people, can one of you respond to how should i approach following issues:
1) I am going to draft content for experience letter non-availability. I have mail trail from last 1 year following up on asking for details of $12K. Same mail mentions that am asking for experience letter and provident fund amount back from HR. Will it be a good idea to attach deputation letter mentioning 5 lac indian rupee to be paid for breach of terms and a 100 rupee bond paper contents which i signed before US deputation. Will it be Ok to mention that previous employer is asking for $12K settlement amount to provide experience letter and attach copies of bond and deputation note OR only mention that am unable to get experience letter and i have been following up with HR for last 1 year and attach email trail as evidence. Any pros and cons from CIS perspective on which approach to choose.
2) Any other documentation that needs to be submitted ? Supporting evidence alongwith company lawyer detailed letter, 2 affidavits from co-workers for skills and duration, self affidavit for experience letter not available will be -
> Paystubs from US/India, not for all 63 months but for some months in 2004/6/7/8.
> W2's for 2005/6/8.
> Form 16 for 2005-6/2007-8
> Offer letter, yearly appraisal letters, US deputation letters, appreciation letters, ID Cards, 3 Business cards showing change in designations.
I would highly value the following since you already have them; Offer letter (hopefully having some of your duties and benefits indicated), yearly appraisal letters (for all 5 years if possible), copy of the Indian income tax forms, appreciation letters + affidavit from couple of your colleagues.
The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones.
List the evidence on a seperate paper in the order of importance and then arrange the actual evidence or notarized copies in that order.
It will work out so dont worry.
DallasBlue
07-05 12:19 AM
here you go...
Reversal Frustrates
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
Reversal Frustrates
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
nonimmi
06-15 02:33 PM
You can just walkin to Dr Stern office. Even if you have an appointment with them, you may have to wait 0.5-1.5 hours depending on the time you go. If you go on weekend or weekdays after 5 you may have to wait longer but afternoon should be faster. And there fee may be more than $350 if you need to get shots and xray. Hope this help.
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
Please share your experience with us when done.
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
Please share your experience with us when done.
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