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  • ashkam
    07-10 10:45 AM
    How do we know if you have 40 credits?


    Where do we check or compute this?

    You get a yearly social security "statement" telling you how many credits you have accumulated.





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  • qualified_trash
    11-30 01:35 PM
    The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.

    Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".

    It is hard to trust these corporate lawyers.
    I guess the USCIS letter also talks about change of status from F1 to H1 and not extension of an already valid H1 for 3 more years.

    maybe safer to go with your lawyer on this one :-)





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  • Dipika
    04-18 11:28 AM
    Hi Guys i got this mail. I dont think i should be getting anything like this. What does it mean to you guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case has been sent for a standard interview.

    On April 14, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

    *** Please do not respond to this e-mail message.


    Don't know how CIS is processing cases. Could you provide more deatails, like it's RIR or Non RIR, When filed I-140, whether it's approved or not? When filed 485, AP/EAD status etc... Meanwhile You can call IO to know further about the update on your case.





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  • tabletpc
    12-14 04:58 PM
    "So my wife and me are shuttling between India and US to even meet each other. "

    Can't you bring her on H4...???



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  • gcdreamer05
    10-02 02:02 PM
    Guys such posts are very valuable, because all these we learn only by experience, please continue to have such posts.





    segunda guerra mundial. la Segunda Guerra Mundial.
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  • rb_248
    02-14 05:06 PM
    Guys have any clue as to when the CIR will be taken up by the senate..do they have any kind of a calendar??.
    If I knew the answer I would sell it for 1 million bucks.



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  • grupak
    02-12 01:21 PM
    Any runners in NC?





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  • dvb123
    07-16 12:37 AM
    I think immigration voice should ensure that concurrent filing of I-140 and I-485 is removed.



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  • ebizash
    07-16 03:51 PM
    No I guess it is just the routine processing, may be pre-adjudication. My attorney mentioned getting a few RFE on other cases without any new petition / AC-21.





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  • meridiani.planum
    07-16 03:03 AM
    yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.

    "possibility of retrogression"???? thats sounding like a weather forecast. :)

    lets have a specific prediction here. Can you pick an year and month for EB2-India for the October 2008 Visa Bulletin (start of new fiscal year)?
    Ron Gotcher believes EB2-India will be somewhere at 2002/2003.



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  • trueguy
    08-05 02:08 PM
    Google for something called "Follow to Join", if you were single then why did you apply for 485? Atleast you could have withdrawn teh application if you had applied by mistake....

    But for follow to join i think there is a clause that the person should be married before 485 gets approved, meaning the primary applicant did not add spouse to 485 and his 485 gets approved or the wife does not have 485 approval then they can use follow to join.

    But do speak to an attorney if follow to join can be applicable in your case (i remember reading some 60 day limit or so) but please confirm and act accordingly.

    Otherwise only other option you have is to get married and bring your spouse on any other visa like h1b or so.

    Dontworry my friend speak to a good attorney they may advice what to do.

    Yes, Follow to Join applies only if married before I-485 approval. I am in the same boat, and stuck in EB3-I category.





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  • amitjoey
    05-21 06:58 PM
    hey can i call u or u call me if i PM u my fone number ?

    I have no idea what the lawyers sent. Lot of it was my employers financial statements, ability to pay and profit-loss statements (I guess). I was not privy to any of this.
    send me a PM with ur no, will call you.



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  • gautamagg
    07-20 02:27 AM
    As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.

    Dear Mr. Gonzalez

    I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.

    Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
    The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?

    On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.

    The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:

    Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.

    After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.

    Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html


    Thanks
    Gautam





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  • tinuverma
    02-09 05:28 AM
    Thanks for the responses so far.
    To the bro who suggested I rather stay here than go back..well I work as a consultant thro a vendor hence that is not an option (thanks to the new memo).
    Given the market is so hot in India right now and here new policies are made to make our life tougher, only makes one's consideration to move back stronger.
    I will call up SSN office today and check out how much more is remaining of the 40 Q for me...will try and do that.
    On RONR, I will find out and post here when I have any confirmed updates - but one thing I know for sure is:
    Tax year starts on april 1st in India. If one stays atleast six months starting that date, he is still considered NRI. Hence say if you deposit 40,000 USD in SBI on may 20th...and return after october 10th, you are okay. No tax in that year..but if you came back before the six month, then there is some tax that you have to pay.

    NON - RESIDENT STATUS UNDER THE INCOME TAX / WEALTH TAX ACT:
    Condition Status
    1. He is not in India for 182 days or more during the relevant previous year. >> If yes, then he is a non-resident.
    (so check the next condition.)
    2. He is not in India for 60 days or more during the previous year and he is not in India for 365 days or more during the 4 years prior to the previous year. >> If yes, then he is a non-resident.

    RESIDENT BUT NOT ORDINARILY RESIDENT (RNOR)
    Condition


    Status

    1.


    He is not a resident, as per the above provisions, for at least 9 out of 10 previous years prior to the previous year under consideration.


    >>


    If yes, he is RNOR

    2.


    His stay in India during the 7 previous year prior to the previous year under consideration should not be 730 days or more


    >>


    If yes, he is RNOR


    http://www.nritaxservices.com/who_nri_fema.htm



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  • Canadianindian
    04-21 08:55 AM
    Are we so idle that we are thinking about changing the name of IV? Don't we have something better to do like taking part in IV activities?

    Well how about chaging our own names too so that americans can easily remember our names? I think that its a good idea too.


    The suggestion for the name change was to identify us as "legal" tax paying individuals, and not for the ease of remembering the name.

    However, I do agree that it may be too much of an effort, and would recomend that when communicating with lawmakes and other inviduals, we introduce ourselves as legal tax paying individuals that are trying to reunite families and children, and provide ourselves the freedom and the ability to further our careers by attempting to streamline the immigration process.





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  • immi_twinges
    07-14 06:47 PM
    There are lots of threads on the same topic.
    Its very confusing to follow.
    We should combine every thing to a single thread

    Lest be organised... Just because you can make a new thread just dont make it. Search before you make a new thread.

    Be organized:) be prepared



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  • razis123
    01-17 08:57 PM
    yes..got laid off and now in the job hunting...i believe everyone has to bear the brunt of the lies of the wars





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  • rakesh_one
    11-19 12:37 PM
    Congrats. Now donate some money to US presidential candiates and tell them to look at the plight of EB applicants expecially from India, China, Mexico and Philliphines.

    Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.

    My case Details
    EB3, India , PD Oct 2000(Sub.)
    I-140 / I-485 RD : 2/2005
    I-140 : AD 07/2005
    4 EAD / 4 APs





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  • crazydesi
    03-23 02:12 PM
    Hello,

    So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.

    He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.

    I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
    Did the IO made a international call (as you said you are out of country) to speak with you? If so how did he get your internation number.





    Dj-Studios
    05-16 03:29 AM
    Sounds great. I have started but won't get finished until later Sunday. :( sry. But I gotta go to a bachloriet and some special deal at my church for graduating seniors from 9:50 to around oh 4:30 I think. But I will try to get it out by Sunday night.





    visves
    01-26 12:51 PM
    I am not sure what your point is. I am contributing monthly and I am not trying to judge anybody here. All I am trying to say is there needs to be alternate ways of reaching people unless all the 8400 registered people frequent the forums here. Please try to read the post properly before jumping to any conclusions.



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