Tuesday, June 14, 2011

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  • gcdreamer05
    10-08 11:33 AM
    One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...





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  • Raj Iyer
    09-13 06:28 PM
    Hi:
    This will also not qualify under EB-2. Your underlying bachelor's degree has to be 4 years equivalent to a U.S. bachelor's degree. secondly, 4-6 experience is not the same as 5 years of progressive experience.





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  • regacct
    10-20 09:51 AM
    I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.

    I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.

    Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.





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  • PD_Dec2002
    07-05 04:32 PM
    From Mathhew Oh (http://www.immigration-law.com/):

    07/02/2007: To File or Not To File, That Is the Question!

    The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
    ---------------

    Thanks,
    Jayant



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  • usgc07
    02-15 08:35 AM
    As you all know, spouse of a greencard holder does not get any visa.
    So the option is to see if H1B visa can be obtained.
    She has the right qualification and work experience.
    Thanks





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  • greyhair
    06-21 09:31 AM
    In 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.

    I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.

    But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.

    Here is today's news in Politico indicating the same thing -
    Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)

    If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.



    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.



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  • stemcell
    07-14 01:43 PM
    Paskal/Pappu

    Please update us if only the conrad 30 J1 waiver is being extended or if the conrad 30 improvement act is being suggested here?





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  • delhiguy79
    07-30 10:36 AM
    Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....

    Questions for friends around

    1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
    2.. If not can we get a PCC from the commisioner office?


    Please give me some directions.


    u can get from the office which issued u passport

    u dont need to go to police station



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  • enver
    07-12 07:59 PM
    thank you friend





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  • logiclife
    02-15 12:03 PM
    One more thing about stamping in Canada and Mexico.

    The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.

    So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".

    On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.

    Then you would have to fly directly from Canada to your home-country for stamping.



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  • boom
    10-01 07:16 PM
    Would appreciate if some one can guide me in this situation.

    Filed 485 on 11th aug but as fedex packet was not traceable I had to file again on 16th of August.

    Now I received the receipts for the one which was filed first time.
    How do I stop the 2nd application.What will happen If I do a stop payment on the 2nd one.
    Will it affect my GC processing fot the application filed first time.
    What is the best option I have without getting into some issue.





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  • ivar
    01-21 02:12 PM
    Dear IV Friends,

    Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.

    Please help if someone has any idea about the time taken to withdraw a PERM application.

    Thank you,
    Ravi.



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  • binadh
    03-05 02:27 PM
    You can stand in the Home Depot parking lot with a jumpsuit and a bandana if you want to make some Hard Earned money............If not, stop asking stupid questions in this forum. You should know that when you get your freaking H4 visa.


    Is there anything i can do on H4 visa??





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  • EB3_SEP04
    08-24 01:25 AM
    You are not the only one to get that message. Info pass appointments are tough to get now. Check during odd hours. I finally found one after hours. ASC's are NOT the same as Field offices. Also Some Field offices require you to show the corresponding state drivers license.

    Since my current EAD is expiring Sep 10th, I'm planning to go to the local USCIS office for an interim EAD in first week of Sep.

    What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?

    It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
    I also plan to use such a letter in support of an expedite request.

    Gurus please advice:
    - How soon should I fax expedite request?
    - How soon/late should i go to local USCIS office for interim EAD?
    - Could one interfere the other?

    Thanks!



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  • GCNirvana007
    04-07 05:15 PM
    Hi Friends.
    I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
    Some tips if it may be helpful to others , that I recently expereinced

    1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
    2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
    3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)

    All the best to everyone.

    Good stuff buddy.

    Immigration forum can always make an exception for job opportunities/sharing. I remember seeing a thread dedicated to it as well. Best thing to do, help each other.





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  • ivar
    02-17 09:26 PM
    PD: October 2, 2002
    Country: India
    First Labor: EB3 (approved in May 2006)
    First I-140 approved: July 2006
    Second Labor: EB2 (filed in June 2007 and approved in December 07)
    Second I-140: Filed in January 2008 requesting retention of priority date
    I-485: Filed in April 2008
    Second I-140 approved in August 2008 with incorrect priority date
    Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
    USCIS email on February 9.

    Dear Virgina Desi,

    Congratulations, enjoy your card and stay in US. All the best for future.

    I have a small question,

    My Case: I applied earlier PERM was approved in NOV 06, applied for 140 and than changed employer so everything was wasted. After joining new employer again filed PERM in JUN/JUL 07 got audited, rejected and than filed for apeal. In the mean time got my OLD I-140 approved. Now its more than 10 month after my PERM appeal so waiting to withdraw this PERM to file a new one.

    Question: I am aware i can retain the old priority date but my lawyer says first i need to get my PERM approved which i totally agree, than he says i need to get I-140 approved and than he will file for portability of date. I told him that you can file for I-140 and port the date together he says NO. Please clarify?

    Thanks,
    R.



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  • chanduv23
    06-12 04:30 PM
    This is my first post, so bear with me.

    I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.

    Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).

    It is called "two birds in one shot". Pre-adjudication and pre-rejection.

    And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.

    Preadjudication follows these guidlines
    (1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
    or
    (2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
    or
    Preadjudicate it and keep it ready for visa allocation.





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  • pd052009
    09-13 12:31 PM
    No meals.. Forced to go on hungry.. As long as politics play, the deserved ones go hungry... :(





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  • snathan
    11-27 01:16 PM
    My situation:

    I've been given offers by two companies, A and B.
    I am currently under my F1 student visa, OPT status, my OPT started at July 2010.

    Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.

    Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.

    My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.

    I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!

    You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.





    anilsal
    05-12 08:17 AM
    Documents are usually lost and replaced (via duplicates).

    Just ensure that you scan the docs into PDFs or something like that (Most of the new home printers have this option). When a need comes, just print the PDF.





    narendra_modi
    07-07 01:48 PM
    If you have not yet received any RFE, you are a lucky person and your I-485 application has been filed perfectly. As per USCIS announcements, they have almost completed (99.99%) review of all pending AOS cases and pre-adjudicated most of them. I will presume that your case has been pre-adjudicated and all set to go Green whenever visa number is available.

    One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.


    Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?



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