Monday, June 20, 2011

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  • kc_p21
    04-22 10:41 PM
    Do you know any example of I-485 got rejected after using AC21?

    My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.

    Thanks,





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  • needhelp!
    09-19 01:01 AM
    I could have rallied all night..
    And still have begged for more
    I could have spread my wings
    And done a thousand things
    I've never done before
    I never know what made it so
    EXCITING!!





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  • vaishalikumar
    08-28 11:36 PM
    Do i will need to send my original passpart in mail for renewal because i have visa stamped in the passport but passport will expire after 6 months.


    I printed the normal size passport photos





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  • immivjj
    09-26 02:42 PM
    Thank you gemini123 for the quick reply. I'm in Texas and have to get it renewed in Houston. I was talking to a broker who would get it done in about 10 days as I'm planning to travel to India next month.
    He asked me to send the original pasport along with the I-94. That didn't seem right to me.
    Should we also send a I-485 receipt copy?
    Also, I have a expired visa in my passport but my H-1B is valid till May 2008. I'm planning to travel to India through Amsterdam and use my approved AP for reentering US. Would I need a tranist visa if I'm just chaging planes at the airport? Thanks!



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  • mhathi
    08-14 03:38 PM
    From VB

    "Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "


    First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.

    Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.

    Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.

    Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.


    Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now

    I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.

    However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.





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  • gsc999
    05-26 11:33 AM
    Here is my guess on who will be in Conference from Senate side.

    Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold

    ---
    See below for Frist's ( Rep. Senate leader) comment:

    Frist said the Senate will send 14 Republicans and 12 Democrats to negotiate with the House, with seven of the Republicans and five Democrats coming from the Judiciary Committee. The remaining seven Republicans will be chosen by Frist and remaining seven Democrats chosen by Reid.

    At least one oppoenent of the compromise measure, Sen. John Cornyn, R-Texas, will be among the remaining seven Republicans appointed to the committee, spokesman Don Stewart said.



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  • kittu1991
    03-17 08:50 PM
    He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.

    It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.

    It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.

    That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.
    :rolleyes:





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  • wata
    09-28 07:44 PM
    All,
    I have filed 140 and 485 in July 2006, EB2 file concurrent at Nebraska service center. So far no word yet.

    I would like to know anyone get approve either 140 or 485 from Nebraska service center to get an idea the time frame on my case.

    Thanks,
    :)



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  • H4_losing_hope
    02-11 09:30 PM
    I would love to take the lead with this project. I have done a fund raising initiative for Arthritis Foundation of America when I ran the Mardi Gras Marathon in honor of my mom. I raised $1,100 in a 6 month period for the AFA. The idea I have is that Team IV members will participate at their local events and we should pick 3 national events such as the Chicago Marathon/Half Marathon, the Breakers 10K (is that San Diego?) and even the Crescent City Classic 10K right here in my hometown. Team IV should be well represented at these 3 national events.

    Team IV members can set up an e-mail support group when training for any events. There are numerous on-line training guides which we can use. And I can also look into the idea of an on-line training coach.

    I already have the committment from 4 friends, all of whom are US Citizens, to join this Team because they support our cause.

    This is great NolanIndian and I wish you guys all the best!!! Unfortunately I am going to have to watch from the sidelines so to speak as I have ongoing bursitus from marathon antics in 2006--Go IV and watch out for those joints and tendons ;)





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  • CADude
    12-21 03:25 PM
    Post your IT recruiter number here. Many of my friends are looking for jobs. When anyone out and looking then they will feel job market like my many friends. So don't brag and hold on your job otherwise will learn hard way. :)


    Hello friends,

    Of late everybody is talking about bad economy. I mean its all over the TV and newspapers. Apparently we are in a recession since past one year (since Dec 2007).

    However, odd it may though sound, I don't see any real economic slowdown in IT sector. I mean all my friends and acquaintances in IT industry in the US and India are retaining their jobs. I recently talked to my IT recruiter and she told me that as far as she is concerned this year has been like any other years. Bit sluggish at the year end, but loads of requirements lined up for January next year.

    Am I the only one who is feeling this way, or others also sensing the same thing. Maybe the real jolts are still lying in the future, in the coming year. Or may be its just a hoax. I would love to know other people's observation on this strange anomaly between what is being reported in the media, and what is being observed on the ground.



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  • GCHope2011
    11-15 10:35 PM
    I had issues setting up recurring payments. I did setup one just now and let me know if it is drawing funds correctly.
    ivar - welcome to the gang!!





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  • gc_boy
    04-06 04:25 PM
    same story for me, i just moved to different unit in the same apartment. everything remains the same. Same city, same zip code, same employer.. Somehow i believe address change triggered the RFE. Probably the change in the file pushed my file in FIFO and someone looked into it and gave a RFE. Will have to wait till i get the actual letter.



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  • felix31
    01-22 11:46 PM
    Lets say her H4 expires on Apr 10th 07. If her I 129 application is filed on Apr 1st, Do you think her I 129 is considered to be ok? Again, USCIS wont be able to generate a receipt notice with in 10 days and assuming that the receipt notice will be generated after Apr 10th, what kind of impact will it have as her H4 would have expired by Apr 10 th? It looks like the bi specialization program is causing more delays because the cases need to be transferred from VSC to CSC. As Andy pointed out, there is no guarentee service for H4 approval with PP.

    Yeah Andy is right,

    no guarantees that her H4 will be processed under PP as well. Here is our experience. We did hubby's H1 extension under premium three times in the past. First 2 times both approvals came in 2 weeks. Everyone was happy.

    Last year, his h1 under PP came in 2 weeks as clockwork and my H4 case got separated and was processed in about 5 months. I also had RFE and they wanted to see hubby's H1 they approved under PP. :mad:
    I felt awful after that, :( just waisted my time and $$$ .

    So, I think we may specualte that since there is PP available for H4s (recent phenomenon), we may see more cases where they would process only H1 under premium and H4 as standard.

    But, folks, $$$ amount only goes up. You will shed 2K for your extensions under PP and then process her H4-to-H1, additional couple of thousands..
    Don't know what to tell you really...





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  • uma001
    02-08 11:48 AM
    Hello guys,

    My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
    1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
    2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
    2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
    3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
    4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?

    Others, please feel free to add to the list of questions.
    Thanks

    If you are i US workign more than 10 years, then you are eligible to receive Social Security benefits when you retire no matter where you are.
    I dont think there will 40% penality after 30% tax on 401K when you withdraw funds. it will be total 40-45% from 401K if you withdraw before your retirement.



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  • krishna_brc
    03-02 01:43 PM
    As far as i know-----

    Answer to Q#10 :
    Country Of Birth drives priority date and NOT Naturalized Citizenship.

    So, if you were born in India then your priority date goes by India PD no matter what citizenship you currently have.

    Thanks,
    Krishna





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  • waitnwatch
    07-15 04:19 PM
    Yeah! They're doing advanced I-485 processing for those who will submit their application within the next 2 weeks!!!!!!!!!!!!!

    Jokes aside....that's a typo...

    It is not just 10 days but over 375 days (from July-19-2007 to July-28-2008)

    I can understand how you overlooked this. :)



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  • snathan
    03-16 01:53 PM
    Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.

    Sometimes I also feel the same about him.





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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.





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  • ScratchingHead
    10-01 01:07 PM
    It takes one week to get the visa stamped. I did it and went to India in August. They will schedule FP for you in a location close to you.

    Shame on you....travel thru countries that don't steal your money in the form of 'transit visa'.





    gc_dreamer_485
    10-10 04:07 PM
    Sorry I mean I-102 not I-120





    manhasam
    02-23 05:43 PM
    i applied for EAD on Dec 21st, got card ordered for production email on Jan 21, and got the card via USPS 2 days ago. My PD is just few months away from May 2006 (EB2), but I still got 2 years validity (on the EAD card).

    I cannot possibly imagine the fact that PD wont move even a few months when spillover begins.

    Jai Hind

    I similarly applied online on Dec 20th and haven't heard anything at all. I applied online and the documents were sent to the Neb office. Can you please share your details on I765 extension filing?



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