Friday, June 24, 2011

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  • chanduv23
    11-09 08:16 AM
    Did someone say beer? If you guys will bring in chips and salsa, I will get beer. Let me know if you decide for 7ish on Friday. Will be there.

    Cheers,

    Cool - lets have a theme for the party and we can all wear clothes based on that theme. How about ramayana?
    Obama - Rama
    Michelle - Sita
    Sasha and malia - lava and kusa
    biden - lakshmana

    one of us will be ravana, kumbakarna .....

    with beer chips and salsa - I would also recommend shish kebabs with spicy chutney and offocurse onion and mirchi bhajjis

    and some champagne - because they may make an announcement "Best costume winners will get a green card"




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  • number30
    10-31 04:06 PM
    Hello Number30,

    For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

    You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.


    Yes I thought the same.
    I am asking this because i did a tax return for one of my friend. He got EIC. But Questionire is not asking for residency status. But was asking like Were you a U.S. citizen or resident alien for all of year?
    That year he was laid off and had very little income So he took the money.

    Hope he will not have any trouble.




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  • new2H1&GC
    12-30 03:14 PM
    Hello all,
    Could someone who are recently travelled via London Heathrow, please let me know what all should be done in order to obtain the DATV visa?
    My flight stops there for under 2 hours (for cleaning and refuelling), and I was told I need to get the DATV since my visa expired and my approved AP alone is not enough.

    Though I have gone through the required websites, i would still appreciate info from any one who recently experienced getting the DATV and travelling via London. Do I need to send I-485 receipt notice original and EAD as well?
    Or is it enought to send the online application, passport, photo and AP originals?
    Is there anyway to do everything in person, including handing over documents?

    Also, it would be great if you could let me know how long it took to get the visa and your documents back!

    Any help is GREATLY appreciated!
    Thank you all very much !




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  • s416504
    08-29 04:15 PM
    Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green



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  • humsuplou
    03-09 12:28 PM
    I know that with H1-B, one is not supposed to run his/her own business. But how about with EAD?




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  • kondur_007
    07-24 10:26 AM
    ???

    It really will not matter a whole lot whether you mark Yes to all three or only to the third one. What you do need to do is attach an explanation (that your wife has filed 485, copy of 485 receipt and cover letter explaining that it was filed as a "dependent" petition to your immigration petition).

    This questions (all three of them) are designed to screen people with immigrant intent (the whole purpose is to answer the question: does this person have immigrant intent) and once you answer one of them yes, it serves the purpose.

    Immigrant intent does not matter for H, O, P visa categories as they are exempt from sec 214(b).

    So in nutshell, it would not matter whether you mark all three yes or only third one yes. If I were to be you, I will mark them all yes and attach the explanation (very brief, with highlighted statement that says that she has filed 485 and receipt is attached).

    Good Luck, and yes, send it ASAP...:)



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  • swita
    03-25 01:41 PM
    I filed on first week of feb. My 6 yrs with recapture ends in april 2011. Is it possible to go out of country some time in june 2010 and recapture more time ?




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  • GCFISH
    07-17 05:47 PM
    All,

    I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'



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  • ampudhukode
    01-14 05:03 PM
    TiE is a good place too. Of late it has become very crowded I heard. If you have a specific area( ie. Wireless, Semiconductor, Enterprise Software) that you are interested in there will def be SIGs(Special Interest Groups) for these in most orgs and you can join them and network your way through.




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  • obelix
    07-27 03:03 PM
    Thanks Kaiser.

    Usual suspects :). This might interest you. http://corky.net/scripts/usualSuspects.html



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  • devikas81
    02-09 01:31 PM
    Hi arikris,

    I was similar situation like sduddukuri and u, me and my wife went to india and get our Visa stamp done, it was very smooth,
    all of us case looks like similar, Instead of speding time here and open MTR- its better to go to india and get the stamping done..

    Thanks,




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  • freeskier89
    02-09 03:37 PM
    It's all good.
    That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)

    Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.Haha ya unfortunately text can't quite convey as much as real communication and can make some really awkward mix-ups at times lol. Aww thanks man! :)



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  • stucklabor
    03-22 04:01 PM
    All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.

    Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.

    Sec 202(a)(3):
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    Our analysis:
    This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.

    Sec 202(a)(5):
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Our analysis:
    Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.




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  • hpandey
    02-10 08:23 PM
    The bigger problem is that your parents visa has already been rejected twice and that would be in their database. And that was when your parents were working. Now they are also retired which also adds another complication since the visa officers look to see if the people who a asking for a visitors visa have anything left in India to come back to ( like real estate , good bank balances , jobs , family etc )

    I don't think it matters much if you are sponsering them or they are paying for it themselves.. its the twice visa denial in past that might be the key.



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  • roseball
    03-29 08:43 PM
    I got the RFE notification in the mail yesterday and here is the RFE info:

    The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".


    I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.


    1) Did anyone receive such RFE?
    2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?

    3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
    Is there a way to buy some more time if i cant respond back in 3-4 business days?


    Please advice. I really appreciate your help!

    Thanks in advance.

    Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.

    In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.




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  • madan
    01-10 08:11 AM
    Thank you so much...

    What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???



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  • Gigantic697
    10-12 01:29 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest




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  • lazycis
    12-05 01:04 PM
    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.




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  • ebizash
    08-03 10:20 AM
    Good Idea!




    immigration07
    10-06 04:11 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)

    I went thru all the arguments and counter arguments that this guy made. Some made sense others did not but the post attached below shows he is a piece of thrash full of vanity and arrogance. Just for yur info Mr. gctest getting into a second tier university in India and framing yur SOP with some thrash and sentiments will easily fetch yu a place in yur so called tier one UNiversities in US. I am sure you opted to do that as you were not able to get into any of the tier one B-schools or other similar place of higher learning in India because you did not have the grey matter in your head. Moreover students from those places come to US directly recruited by the companies in US (that too after paying a hefty placement fees per recruit and on a dual intent H1B visa) but unfortunately they too are in EB2 category............I am really happy that you got your GC and can merrily gloat about your academic proficiency and IQ level of "180" (but commonsense...) with much more freedom.

    "gctest
    Member Join Date: May 2008
    Posts: 49




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

    Were you born in a dumpster? You are assuming so many things here.

    Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
    Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that


    i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud



    -------------------------------------------------------------------------------
    Last edited by gctest : 10-03-2008 at 09:12 PM. "




    CHHAYA
    02-02 08:14 AM
    Hi Everyone,

    My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.

    Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.

    Thanks if you can help me out

    Regards
    Karthik

    In 2008 we landed EWR within 5 days of expiring date of AP and no issues. My AP expiration date was 7/20/08 and we landed on 7/15/08 w/o any hassels.



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