Sunday, June 26, 2011

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  • krishnam70
    02-22 09:40 PM
    Hi Kris,

    Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.

    Thanks.

    Amulchandra

    I can assure you this is not a rumor and has happened recently in my colleague's team. I agree that this might cause lot of doubts in people's minds but I just wanted to share the info so that people don't get in to trouble. It is quite possible that this is a one off incident. People should share such information if it come's to their attention. This guy was told to return from POE

    Regarding the rights of the IO at POE. I am not sure if it is within the right of the IO to decide in this case but I have read somewhere that the IO has the power to decide whom to allow or not according to the interpretation of law. I am not sure what law was used to interpret the situation here by the IO

    If this post has caused unnecessary concerns I urge you to ignore it. If people who are back from visiting other countries or trips back home can post their experiences at the POE or any contradicting information then this one could just be a one off case..

    good luck
    kris




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  • insbaby
    11-12 08:12 PM
    If it is a "FOR-PROFIT" organization, they may use you as a "free-service" in place of a "paid-service".

    If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.

    If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.

    At the end if it is a "NON-PROFIT" organization, you have a chance to defend.

    If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)




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  • superdude
    07-17 11:26 PM
    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
    I think you are good.She needs to mention that she left to India after filing for 485 at the POE after returning.Talk to your attorney once.




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  • pappu
    10-01 12:21 PM
    I suggest reading the documents uploaded here.
    http://immigrationvoice.org/forum/showthread.php?t=5049
    I will be uploading some more documents related to I485 processing later today



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  • radhagd
    03-09 04:21 PM
    Your EB3 application is still safe. You can use your current EAD.




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  • CADude
    11-20 11:53 PM
    I sent too..

    message sent to CBS60 minutes...



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  • pappu
    02-15 08:22 PM
    ivuser very good ideas. I was waiting for others to respond to your post whole day to help with the tasks but nobody responded to even join you in a conference call. We get lot of people everyday on the forum, email and sometimes on the phone asking us to do xyz but very few actually volunteer to take it up upon themselves to execute their ideas.
    Let us discuss these ideas offline. Thanks again for your interest.




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  • admin
    06-01 03:27 PM
    We have discussed this issue earlier on this forum.

    IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.

    So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.



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  • tabletpc
    11-29 02:48 PM
    Guys,

    Can anyone help me with these information..

    1. To whom should we write the check for the applciaiton fee..??

    2. The applicaiton forms give the amount in canadain dollars, should we convert that to US dollar and make payment or any other options.

    3. The aplication needs to be sent to buffalo right...?

    I did get some informaiton online..but kind of confusin. So thought of getting it clarified here...

    Thanks in advance...




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  • roseball
    11-09 09:57 PM
    Hello gurus,

    I have one doubt abt requirements to port EB2.

    my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?


    thanks a lot for your help

    Your lawyer is wrong. You should have 5 yrs of experience at the time of EB2 PERM application.



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  • needhelp!
    09-16 02:48 PM
    top priority to this one..




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  • nixstor
    12-04 10:28 AM
    you should in fact thank the system for letting you to continue on H1 ..

    oh really! may be you should remain on H1 for ever.



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  • panky72
    08-13 02:07 AM
    oye chappan... ever been to indore?
    there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)

    I have been to chappan dukaan in indore. nice place to hangout in college days:)




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  • jungalee43
    02-16 03:11 PM
    I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.

    http://www.murthy.com/news/UDh1det.html

    If the link fails I am reporducing the paragraph here: -

    Major highlights of ACTA are listed below :

    Per Country Quotas for Immigrant Visas

    "Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."

    Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.



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  • karl65
    02-23 07:47 AM
    Ok maybe there are another forum but I can find you. My CPAS says we are going to receive the stimulus (it is not a rebate) but the IRS website says that if we are non-resident alen we won't. According with IRS only when you get GC you will be concider resident?????? It is true?????



    A: You won�t get a stimulus payment in 2008, if any of the following apply to you:

    You don�t file a 2007 tax return.
    Your net income tax liability is zero and your qualifying income is less than $3,000. To determine your qualifying income, add together your wages, net self-employment income, nontaxable combat pay, Social Security benefits, certain Railroad Retirement benefits and certain veterans� payments.
    You can be claimed as a dependent on someone else�s return. For example, this would include a child or student who can be claimed on a parent�s return.
    You do not have a valid Social Security Number.
    You are a nonresident alien.
    You file Form 1040NR or Form 1040NR-EZ, Form 1040PR or Form 1040SS for 2007.




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  • vejella
    02-09 12:19 PM
    Sueing immigration system could be our fall back resort if there are no reasonable bills passed in the coming days.

    Its could not get any worse than what it is right now.:)



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  • indo_obama
    05-19 12:12 PM
    Try to apply in another consulate . that might help. Otherwise as everybody has mentioned you are sufferring coz of the indian outsourcing giants who have abused every other VISA




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  • sravani
    05-15 01:05 PM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?

    My case is also similar and I decided to go with EB2

    My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.

    My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.




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  • rnvd
    10-30 03:48 PM
    Hi all,
    Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
    But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.

    My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.




    go_guy123
    08-13 01:54 PM
    isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
    if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.

    This h1b money is totally insufficient but most likely it will add to governent deficit...but who cares. Eventually this 2000K will increase in some "piece-meal enforcement only" bill
    in future.




    tikka
    06-22 09:40 AM
    http://immigrationvoice.org/forum/showthread.php?t=5470


    We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.

    If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.

    We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.

    We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.

    At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.

    Thanks



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