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  • jsb
    02-04 03:37 PM
    :) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...

    Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...

    I think you still need to pay, but if and when you file tax in your country (with which US has a treaty), you can get credit for these payments. For example, if a Canadian works here (and maintains Canada's residential status), he/she has to pay all US taxes, SS, medicare etc, but while filing Canadian taxes (where he is not required to pay SS but has to pay income and other taxes), he/she can get credit for US payments. Therefore, if he/she returns back to Canada without completing 40 quarters, not only his/her US SS/medicare contributions are lost (barring some payments, which are nothing more than a pocket allowance, based on another treaty), he/she did not make contributions to Canadian system, thus lowering future Canadian payouts.

    I am a CDN citizen, so I know it a bit better.





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  • GCOP
    12-08 02:03 PM
    Friends, I already have expressed the views regarding Recapturing/ temporarily increasing Employment Based Visa Numbers for Greencard, on change.gov website . I have been getting E-mails from Transition Team. I have pasted this recent E-mail which is about Meeting with Transition Team. I think, IV Core Team members or/and people living around Chicago area should arrange meeting with Transition Team, and express and suggest our ideas regarding Recapture/Temporarily Increase EB greencard Numbers to clear the backlog.


    Your seat at the table‏
    From: John D. Podesta, Obama-Biden Transition Project (info@obamabidentransitionproject.org)
    Sent: Sat 12/06/08 10:30 AM

    Everyday, we meet with organizations that present ideas for the Transition and the incoming Obama-Biden Administration. In past transitions, meetings like this have been held behind closed doors.

    Not anymore. Today, every Obama-Biden Transition staff member received a memo outlining the "Seat at the Table" Transparency Policy. I've included a copy of it below.

    The policy is pretty simple: the people and groups we're meeting with, the subjects of the meetings, and any documents shared in the meetings will now be made available on Change.gov. Most importantly, the American public can weigh in with comments or their own materials.

    Read the memo and watch our "Seat at the Table" video:




    This is our latest step toward a more transparent and accessible Transition. We look forward to benefitting from the many more voices that will now be a part of the decision-making process.

    Thank you,

    John

    John D. Podesta
    Co-chair
    The Obama-Biden Transition Project


    --------------------------------------------------------------------------------
    MEMORANDUM
    From: John Podesta
    To: All Obama-Biden Transition Project Staff
    Date: December 4, 2008
    Re: "Seat at the Table" Transparency Policy -- EFFECTIVE IMMEDIATELY

    Overview:
    As an extension of the unprecedented ethics guidelines already in place for the Obama-Biden Transition Project, we take another significant step towards transparency of our efforts for the American people. Every day, we meet with organizations who present ideas for the Transition and the Administration, both orally and in writing. We want to ensure that we give the American people a "seat at the table" and that we receive the benefit of their feedback.

    Accordingly, any documents from official meetings with outside organizations will be posted on our website for people to review and comment on. In addition to presenting ideas as individuals at www.change.gov, the American people deserve a "seat at the table" as we receive input from organizations and make decisions. In the interest of protecting the personal privacy of individuals, this policy does not apply to personnel matters and hiring recommendations.

    Scope:
    The following information will be posted on our website:
    1. Documents: All policy documents1 and written policy recommendations from official meetings2 with outside organizations.
    2. Meetings: The date and organizations represented at official meetings in the Transition headquarters or agency offices, with any documents presented as noted above.

    This scope is a floor, not a ceiling, and all staff are strongly encouraged to include additional materials. Such materials could include documents (recommendations, press releases, etc.) presented in smaller meetings or materials or made public by the outside organization without a connection to an official meeting.

    If you have any questions as to whether documents should be included, please email [REDACTED].

    Process:
    Prior to an official meeting with an outside organization or organizations, Obama-Biden Transition Project staff members will inform attendees that any documents provided will be posted on our "Seat at the Table" website found at www.change.gov. Suggested language for email invitations is: "By presenting or submitting any document at a meeting with the Obama-Biden Transition Project, you agree to allow the document to be made public and posted on www.change.gov." At the completion of each meeting or upon receipt of such documents, Transition staff will provide the documents to [REDACTED] with the date of the meeting, a list of the organizations in attendance, and the topic of the meeting.


    Notes:
    1) This policy does not apply to non-public or classified information acquired from the Agency Review Process and internal memorandum.
    2) An "official meeting" is defined as a meeting with outside organizations or representatives of those organizations to which three or more outside participants attend.





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  • Lisap
    08-28 11:59 AM
    If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
    If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
    So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.

    Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!

    I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.


    I actually did a stop payment on the checks (they were personal checks) and was charged the 30/ per check. I did the stop payment on the 14th of Aug. At the bank they were able to see that uscis had not tried to cash the checks as of yet. We managed to get the stop payment reversed so I guess we wait and see now!

    Now that I do have receipts- should I go ahead and stop payment on the 2nd set??





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  • kumar1
    12-03 12:30 PM
    Thank you. Very encouraging.
    Hope for the best, prepare for the worst.



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  • logiclife
    05-14 04:37 PM
    Guys,

    The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.

    IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.

    No one is scaling back. I dont really think there is any conspiracy to this and I think this is really good news.

    However the core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow. Aman was here last week thurs and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.





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  • Blog Feeds
    10-30 12:30 PM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgqXWgXI55fQv8tT4KSgIrD_xoD21a_Wpaof7P9QNDTiinfjwyTclOnqXv7DYDUUevcR8QDL5v2Uv1zzLfIhIZO3mwUHHyRrGsiYMo8iXbxslvOKH8lAkC7eCQpitRXmAZiVRcnzTzRG-ga/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgqXWgXI55fQv8tT4KSgIrD_xoD21a_Wpaof7P9QNDTiinfjwyTclOnqXv7DYDUUevcR8QDL5v2Uv1zzLfIhIZO3mwUHHyRrGsiYMo8iXbxslvOKH8lAkC7eCQpitRXmAZiVRcnzTzRG-ga/s1600-h/uscisLogo.gif)

    USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."



    The Fact Sheet explains that "public charge" means

    an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

    The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":



    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

    Children's Health Insurance Program (CHIP)
    Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
    Housing benefits
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
    Non cash benefits under TANF such as subsidized child care or transit subsidies
    Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
    Unemployment compensation is also not considered for public charge purposes.
    https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)



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  • pappu
    10-05 01:13 PM
    IV makes a public announcement of its advisory board today. These advisors have been associated with Immigrationvoice for quite some time and we have decided to make the names public after they gave us permission to make their information public. Some more names will be announced in the near future if others associated with IV agree. These are top leaders in administration, industry, research and advocacy. We have been happy and fortunate to have them with Immigration Voice. We thank all IV members for supporting IV due to which we could make IV a nationally respected organization and a voice of legal high-skilled community. Its time for us now to work together and achieve our goals.

    Please watch the homepage for information about these leaders.

    The bios of the board members are here http://immigrationvoice.org/index.php?option=com_content&task=view&id=94





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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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  • sdeshpan
    07-13 09:47 AM
    Hi Folks, I have a question about traveling to India...

    Want to travel from US to Indore, India. As I need to change planes either Mumbai or Delhi, how does it work?

    1. I came to know that in Mumbai, it is just change of terminals, not airports. Am I right?

    2. How about Delhi? Once I arrive at International airport in Delhi, to catch a domestic flight to Indore, is it change of airports or just change of terminals? Is there a shuttle provided?

    Thank you very much and I appreciate an accurate response...
    RAYSAIKAT pretty much summed it up right...
    @Mumbai...you get to the International Terminal and then depending on which domestic carrier you are flying with to Indore, most likely they will arrange for the shuttle to the Domestic Terminal. It is about a 10 min ride and you will have to pick up your luggage and go through customs/immigration before this. I know that Jet Airways (not sure about others) even checks in your bags at the Int'l terminal so you don't have to carry all that with you on the shuttle.
    Having said that, if I were you I would definitely make sure that there is enough (at least 4 hrs, I feel) time between the two flights so you are not left running around gasping for breath! ;)

    Sorry...not idea about Delhi...never took an Indore flight from there...only Mumbai...





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  • eb3retro
    11-18 12:09 AM
    Guys:
    I am currently working through a Consulting company at a client location.
    Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.

    I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!

    I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.

    I appreciate your time and good luck to all to get the GC as soon as possible.

    Thanks

    do u have ur approved i-140?



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  • ivar
    04-16 02:03 PM
    Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.

    Good luck!!

    I sent you a PM.

    Thanks.





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  • boreal
    09-21 11:56 AM
    I don't agree with more fees for 485 etc ...

    They are already taking too much money out of us ...
    Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.

    Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??



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  • gcwait2007
    12-08 07:18 PM
    USCIS Ombudsman resolves general issues like delay in NSC for I-140 approvals.

    I found the following in DHS website:

    CIS Ombudsman - Send Your Recommendations

    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.

    Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm


    There is also a tele-conference happening on 14-Dec-2007 from 1.30 pm to 2.30 pm EST. For attending the call, you need to send email for getting you invited.


    I request Leaders of Immigration Voice to decide whether they can take-up with USCIS Ombudsman.

    Thanks





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  • gvenkat
    02-25 05:15 PM
    with the level of competence and intelligence shown by the USCIS.. u think they will care if some one changes jobs.. i dont think so.. desparate times need desparate measures and we should not be worried about these non-sense at all



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  • sekharan
    10-13 10:47 PM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    4. Are not all greencards created equal?

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated.





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  • amberGC
    07-19 11:00 AM
    Chanduv thanks for your reply. I could not think of anyone who would know this in dept... Do you think there is still hope for me? I am about to give up on 2008 match and wait until gc comes...
    Paskal, thanks for sharing your wisdom. I guess I need to wait a few more years...
    I am new here- will check the IV Physicians group.



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  • eb3_2004
    10-30 01:25 PM
    How did u know this info? Did USCIS tell u when u called or did your lawyer tell this?





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  • psaxena
    11-19 05:30 PM
    No wonder they can do this , after loosing the case 2 times in the lower courts now they are taking the case to supreme court. Well they got the money , lawyers and dedicated paid employees to work on it fulltime, they can do all they want. Advertise on CNN and get a complete page ad on WSJ. But we have got guys who are sitting on the margins waiting for their Labor to approve to start making the donation. Well you may not last that long here in US to make the donation my friend in this case.
    Also guys don't think antis have got problem with only H1B, no, they hate everyone. Don't think you got EAD so you are safe. They are going to target everyone. They are racist and hate anyone who is Indian.

    They don't have the volume like us , but what to do with this huge useless volume who are good for nothing. Our members starve to death by donating a fews bucks, loves to question who tries to do anything good and most of all always keen to get there issues to be taken care off at the first place. this is a loosing battle with these type of members in the community.
    Every group has started drumming up for the CIR.. its high time guys get together and shell out money from your pockets and donate IV, otherwise you will keep regretting for not doing this.





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  • gcformeornot
    10-12 02:25 PM
    you need to get paid all the time. Even during maternity leave. Not getting paid is voilation of status and violation of employer-employee relationship.





    sanju
    06-30 03:55 PM
    EDITED BY MODERATOR FOR CONTENT:

    Does not mean to say this in any disrespectful way but the analogy I can draw for Ombudsman and Gautam is –

    Ombudsman ****************************** make as much noise as he wants but people can just chose to look in the other direction and ignore. Ombudsman has no power whatsoever. Reading the Washington Post article about Dick Cheney and learning from it how this administration works, I ask myself a question - when would someone get up to kick ombudsman ****************as he is simply documenting the inefficiencies of USCIS and this administration.

    Gautam – I saw this guy in CA at Rep Gutierrez meeting. ***************************************This guy talked to Rep Gutierrez in a derogatory and condescending manner and such immature behavior doesn't help the cause and it spoils the environment.

    FYI, ombudsman office replies to most people who write to them. They conduct bi-weekly conference call to find out problems of the people. They do it only to include these problems in their year end report. The objective is to document and show that ombudsman is doing what they are supposed to do i.e. document problems for the YEAR END REPORT.




    Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???





    uimv
    03-14 12:08 PM
    Incorrect!
    I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

    Read for yourself -
    http://www.uscis.gov/files/article/E1eng.pdf
    [From the pdf link]
    Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.

    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.



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