Tuesday, June 14, 2011

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  • americandesi
    06-17 12:05 AM
    I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.

    Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.

    Please guide me on this.




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  • kondur_007
    08-11 09:47 PM
    Dear Friends

    One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.

    Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.

    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....

    My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).

    Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.

    The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.

    How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.

    In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.

    Only thing that will get you green card faster is "Luck".

    Good luck to all of us.

    This is exactly why this is the perfect time to structure our agenda for the upcoming CIR next year and try to introduce it in the bill to streamline this mess for everyone in future.

    It is very clear and everyone knows that with current structure and resources, using current procedures, USCIS will never be anywhere close to be "efficient" or even "effective". What is needed is radical change in the procedures and the structure of this agency. I dont think it is the fault of "a person"; the whole system is the problem. I would not be surprised to see a "frustrated" USCIS employee over these inefficiencies.




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  • anai
    07-19 08:03 AM
    If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.


    This is incorrect.

    The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.

    Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.

    This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.

    Also, if any of the answers on this thread were useful, consider contributing to IV.




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  • americandesi
    06-18 01:10 PM
    All EB priority dates for July 2007 is current. Hence everyone can go for concurrent filing right away.

    The scenario I have given explains how to maintain the status after getting permanent residency from both countries, so that you are eligible to apply for citizenship in both countries.

    But here is the catch. Some Canadian immigration officers might not consider the commuting days towards the day count for citizenship. It solely depends on the discretion of the officer during Canadian citizenship interview.



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  • sush
    10-02 08:21 PM
    Service Center: Texas
    Type: Regular
    Category: EB2
    Filing Type: non-concurrent
    USCIS Receipt Date: 26 May 2006
    RFE: no
    I-140 Status: Case received and pending
    Approval/Denial Date: N/A
    Nationality: India

    Tried to upgrade to PP on June 18th but no response from USCIS.
    Received a letter after my attorney's enquiry that it is in a background check.
    been near 500 days... :confused::mad:




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  • fasterthanlight�
    08-23 05:25 PM
    HOly old thread batman!!!



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  • jhaalaa
    04-05 09:17 PM
    I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
    >> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    Can someone please answer my questions?

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
    >> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).

    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    >> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
    >> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
    >> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.

    Hope the above helps.

    Best Wishes for all.




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  • leo2606
    04-12 02:20 PM
    A person I know of did not get paid for about 2 years but this guy went to India for stamping in Delhi.He filed a law suite against his employer before he leaves. He showed all the documents related with the case when asked and got his visa.So I am thinking your reply will not jeopardize your H1B.You have evidence that you moved of this company and filed H1- B transfer knowing the company is bad.

    Again you definetly need to consult an attorney like Murthy or Khanna to talk about this.I think you can get immediate consultation if you call their office, obviously they charge.I think it is worth spending so that you will not have mental tension.



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  • hnordberg
    November 26th, 2005, 05:58 PM
    I prefer the dark one. It is more interesting and would work well in a gallery. Well done!




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  • desi3933
    06-12 01:37 PM
    Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
    Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
    I have seen this happening so many times
    If employee choses a different option to stay legally, that's up to the employee

    Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.

    If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.

    One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).

    Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.

    Please verify details with your attorney/lawyer.

    ===============================================
    Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.



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  • desigirl
    12-01 09:52 AM
    We need to get all these businesses to join together with Immigration voice and support us by lobbying and funding.
    No Great H-1b will come here if its going to take 10-20 years to get a Green card.
    I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
    This is a big thing that is missing so far.
    See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.

    Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
    I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).

    If he chooses to donate would it be the "contribute" link?




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  • indianabacklog
    02-01 02:14 PM
    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.


    Do you have any relevant work experience that can boost this application. Three years relevant experience can be seen as the equivalent of one years education.



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  • paskal
    08-16 08:40 PM
    hello WA members,

    we need to get this chapter up and running again.
    anyone still coordinating efforts?
    anyone interested in getting things going again?




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  • viva
    01-31 10:44 PM
    United Nations, Pls help Immigration Voice.
    we know your capability.

    BTW, sorry for some members rude behaviour towards you.
    Probably they may not know about your role in
    immigrationportal.com and they may not even know how you helped lot of guys with I140 ability to pay issues.

    Hi Guys, pls encourage good people like United Nations to help us.
    He will be good asset for us to utilize his time and service.
    He has an amazing knowledge in immigration matters.

    Need not to say, knowledge is power, in present era.


    What's your point? Ok, this person is knowledgeable and has helped to answer a lot of questions, I get that. What else can he do for IV? Does he have any influence with lawmakers? Can he help us increase our fundraising? If not, he is just one regular member and therefore, you need to stop wasting time trying to focus so much attention on him.

    Maybe, he is a valuable addition in terms of answering other members' questions and nudging them to contribute. Beyond that, what more can he do than what the IV core team is doing with the lawmakers? Before you waste everybody's time with multiple posts singing the praises of a person, please carefully analyze how they can benefit the whole organization. Use your brains and don't just be awed by his knowledge!



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  • Canadianindian
    04-15 08:11 PM
    I agree with the thought that with the critical mass of 10,000 and growing ppl, it is a matter of time when such political organizations contact us for support in terms of both:

    1) Our ability to influence our fellow Indian American Citizens (relatives) to support an organization
    2) Our ability to generate monetary support.

    However, rather than such organizations approaching us, we have to be proactive in making these political organization aware of our ability to contribute. Our strenght in numbers, and our ability to influence and support has to be evident and communicated. The NY/NJ chapter is making some effort to contact our senators/congressman, but it has fallen to deaf ears.

    My question is that can a senior member of IV team approach these policital parties, just like other Indian groups are approaching, and showcase our strength (support and money).

    Also, are there any IV offical letter heads that can be used while faxing meeting requests to political parties.




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  • Rockford
    07-17 02:19 PM
    can you provide the link to that blog? I cannot find it.

    http://blogs.ilw.com/gregsiskind/2007/07/immigration-v-1.html#comment-76176292



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  • sledge_hammer
    05-30 05:58 PM
    Photo copies of LC? You mean approval or the application photocopies?

    If you can get your hands on photocopies of Labor certificate, that would be awesome. Otherwise, make sure you at least have the following -

    1. Experience letter (with last day of attendance)
    2. I140 receipt
    3. I485 receipt
    4. Paystubs for 6 months of employment post I1485 receive date

    You are good to go from there.




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  • drirshad
    07-29 06:50 AM
    old pork chops arn't gonna get any good ideas so better show some courtesy ......




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  • voldemar
    06-22 11:14 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is presentI've got a RFE because of that. Now got TB skin test and will do X-Ray again if TB will be positive.




    leoindiano
    11-09 08:17 PM
    Right. Its his view of stem cells research in ancient india. Some article I read in net which excerpted from mahabharatha.

    "It appears that the ancient Indians also had the ability to clone humans(it's very ironic that contemporary India is taking the lead in stem-cell research) In the Mahabharata, the queen Ghandari, who had pregnancy problems and after 2 years bore a pinda(ball of flesh) which was then handed over to a sage. He divided this ball of flesh into 100 parts and treated them with a chemical process, then put each part into a sealed cooling container for 2 years, from which 100 male babies were created."

    Maybe some support.. :)

    I am opposing STEM cell bill then, I dont want to see Kaurava's running around...::-)




    BharatPremi
    12-07 11:59 AM
    Hi!

    I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

    I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

    Thanks for reading this thread and commenting.

    In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
    "should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.

    So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.

    And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.

    Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....



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