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Friday, June 17, 2011

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  • gc??
    09-02 09:00 AM
    At the mercy of USCIS :eek:





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  • piyu7444
    08-23 11:14 PM
    raysaikat thanks a lot!





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  • reddymjm
    02-23 09:37 AM
    What Bright side Buddy? This is a typo by a rooke who got hired into USCIS. Call them they will reissue it for 2 years. You may have to mail this back.





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  • Dhundhun
    07-09 07:46 PM
    1. I am a US Citizen living in India?
    Yes

    2. If I am a GC holder living in India?
    No (Yes if the person resides is in the US while claiming SS benefits)

    3. I am neither a US citizen nor a GC holder living in India?
    No (Yes if the person resides is in the US while claiming SS benefits)

    Even with 40 credits it is not possible for Indian nationals to get SS payments in India. If you look at the rules closely on the SSA website, there is no simple way to get benefits paid in India unless you are a US Citizen. You must be present in the US for that

    Refer to http://www.ssa.gov/pubs/10137.html, #2 and #3 WRONG

    What happens to your right to Social Security payments when you are outside the U.S.?

    EXCERPTS RELATED to 40 CREDITS COUNTRIES

    You are a citizen of one of the countries listed below, and the worker on whose record your benefits are based lived in the U.S. for at least 10 years or earned at least 40 credits under the U.S. Social Security system. If you are receiving benefits as a dependent or survivor, see additional requirements.

    Afghanistan
    Australia
    Bangladesh
    Bhutan
    Botswana
    Burma
    Burundi
    Cameroon
    Cape Verde
    Central African Rep.
    Chad
    China
    Congo, Rep. of
    Ethiopia
    Fiji
    Gambia
    Ghana
    Haiti
    Honduras
    India
    Indonesia
    Kenya
    Laos
    Lebanon
    Lesotho
    Liberia
    Madagascar
    Malawi
    Malaysia
    Mali
    Mauritania
    Mauritius
    Morocco
    Nepal
    Nigeria
    Pakistan
    St. Vincent & Grenadines
    Senegal
    Sierra Leone
    Singapore
    Solomon Islands
    Somalia
    South Africa
    Sri Lanka
    Sudan
    Swaziland
    Taiwan
    Tanzania
    Thailand
    Togo
    Tonga
    Tunisia
    Uganda
    Yemen

    Additional residency requirements for dependents and survivors

    If you receive benefits as a dependent or survivor of the worker, special requirements may affect your right to receive Social Security payments while you are outside the U.S. If you are not a U.S. citizen, you must have lived in the U.S. for at least five years. During that five years, the family relationship on which benefits are based must have existed.

    Children may meet this residency requirement on their own or may be considered to meet the residency requirement if it is met by the worker and other parent (if any). However, children adopted outside the U.S. will not be paid outside the U.S., even if the residency requirement is met.



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  • venky08
    09-17 01:40 PM
    keep records of all the facts. create a file to gather all the facts to demonstrate that the job was eliminated due to the downturn of the business. you need to have good faith intentions to join the sponsoring employer. if you have those and then still couldnt work for that employer due to the things beyond your control, then there is nothing anybody can do about it. so enjoy your days and dont worry about the future. just be prepared with necessary documentation that you need to do for the citizenship...

    check with a good lawyer as i am not one. this is a personal opinion.

    Hi everyone, I have been approved on 9/6/7.
    only 92 days after AOS filing.
    My sponsor, I did work with them from 2002-2007. They agree to file i-485 in the hopes economy would get better. However house builders are doing very bad now and they cannot take me back after approval.
    The question is, does this spoiled my chances for citizenship?





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  • gc_chahiye
    12-03 03:47 PM
    Gurus,

    Here is my situation:
    I-140 approved - PD: May '06
    I-485 filed - July 30 '07 (India)
    EAD cards - Received
    APs - Received

    Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.

    I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!

    you can be on the payroll of 2 companies on H1 if the H1 petition says that its for concurrent employment. On EAD no such issues, you simply sign new I-9 forms with both employers.

    If you are moving to EAD, you can start with second employer right now. If you are going to stick to H1 for some reason, then delay joining the new one by just a few weeks. By the time they file the H1 transfer and the approval comes through, your 180 days will be done or nearly done and you are all set. Its nice that your current employer is helping you out through the 180 days.



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  • mgos
    07-14 08:16 PM
    I know some people think that we should not spend too much time on Lou Dobbs but to not protest his inaccuracies is to allow him to manipulate public opinion against us. It seems like his latest enemy is the "indian immigrant".

    Some of you may have seen his interview of Senator Tancredo who suggested that there were about 700,000 immigrants that had come to the US legally on H1B visas and had overstayed illegally. Mr Dobbs of course did not question these numbers and facts and there has been no subsequent supporting information to back up such claims that negatively affect the perception of legal immigrants to the US.

    Meanwhile Michale Moore has stated on his website that they "are now going to start looking into the veracity of other reports you have aired on other topics. Nothing you say now can be believed. In 2002, the New York Times busted you for bringing celebrities on your shows and not telling your viewers they were paid spokespeople for the pharmaceutical companies. You promised never to do it again. But there you were, in 2005, talking to Joe Theismann, on air, as he pushed some drug company-sponsored website on prostate health. You said nothing about about his affiliation with GlaxoSmithKline.

    Clearly, no one is keeping you honest, so I guess I'm going to have to do that job, too"

    Question for IV leadership - should we as a community should inform Michael Moore of Lou Dobbs inaccuracies when we find any?

    Thank You





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  • topgun_gc
    07-11 02:25 PM
    Dependents don't need SS# to file. Only primary applicant is required to have SSN.



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  • pappu
    08-17 08:29 PM
    /\/\/





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  • americandesi
    08-16 03:43 PM
    There's no catch at all.....according to my lawyer. He said even if you come back on AP, you can still work on your H-1B so long as it's valid.

    Thanks,
    Jayant


    As far as I know, Until your apply for a H1 extension or H1 transfer on "Parolee" status, your status continues to be "Parolee". Lets consider this.


    You have 3 years remaining on your H1.
    You go out and come back on "AP".
    Your status changes to "Parolee".
    You do H1 transfer (or) your employer files for H1 extension at the end of the 3rd year.
    Now your status changes back to "H1".


    Here is the catch. You are a "Parolee" until your "H1" transfer or extension. In case your I-485 gets rejected during your "Parolee" status, you gotta leave the country (or) file for an appeal and proceed with H1 transfer (or) H1 extension to retain your H1 status.

    Seniors, Please correct me if i am wrong.



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  • rbharol
    08-07 04:23 PM
    How to find jobs in canada.
    It seems very hard.
    I have been trying through workopolis but no success.

    Can somebody help?

    I am in US with Masters degree and 10 years of exp in the field of firmware and embedded software.





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  • Steven-T
    January 30th, 2004, 02:24 PM
    And any time a product drops by 50% in 1 year its normally not a good sign. Scott
    One benefit in staying with Nikon, at least for the time being, is that I don't have to compete with DavidP & Co. for those abundant "9, 9+, 10, R, D etc" rated used Nikon lenses on the market (B&H, Adorama ...). LOL.

    Steven



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  • desi3933
    09-18 06:56 AM
    H1Employer -

    Would my mind answering my question?
    Thanks!


    Can I ask you a question? How much your corp usually pays if you are billing at $80 per hour? 55k per year or 95k per year as Salary + Benefits. (BTW - Just to make things clear, I am not looking for job as I am independent IT consultant with my own corp).

    I have seen many cases where consultant is billed at 80-90 per hours and gets paid only 50 to 60k (based on his/her "negotiation" power).

    In one case, this agency had two consultants at same client (one of the large banks) and were getting billed at $80 per hour. The H1-B person was getting 56k/year and green card holder was making 95k per year. This is the reason why many people want to jump for another job when they have EAD or GC.

    My 2 cents.





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  • vikki76
    05-22 02:34 PM
    Your example demonstrates clearly how screwed up is this new proposed immigration bill .



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  • hpandey
    09-16 10:58 AM
    I was wondering if your H1 visa was not approved how did you come back on H-4 visa. Didn't your H4 status get invalid when your H1 got approved.

    The approval of your H1 would have invalidated your H-4 visa :confused:





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  • sri1309
    08-14 07:32 AM
    Dear IV,

    Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.

    Is it possible for IV to send a very good number of flowers to the departments.
    The basis for this is that some of the people here probably may not be comfortable to send to all the members due to whatever restrictions they may have(ideally they must be able to do themselves). If so, we can start a new campaign and make some fund and once again shoot that may flowers to make some difference. IV can go to a big place and place a huge order. Just my 2c.
    Sorry if I sounded stupid.
    Sri..



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  • desi3933
    03-02 03:24 PM
    Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).

    Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
    Check this link
    NAFTA • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • coopheal
    04-01 09:07 PM
    I have a medical RFE. RFE asks me to go back to the original Civil Surgeon. Since I have moved to different place going to same civil surgeon is not an option.
    Has any one run into similar situation. If so please share your experience.





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  • gcdreamer05
    08-06 11:26 AM
    I totlaly agree with this. I am single too with PD DEC 2006. I have been in present job for almost 4 years. I ended up working for a non-profit oragnization on a non-cap H1b, which prevents me from transfering to private companies which need caped h1b( i din't knew about this when I took up the non-profit organization job). The only way for me to get into private company is to get a new H1b under cap which starts from Oct 2008. This time I planned properly and got an H1b approved. But to my shock and surprise EB2 dates moved to June 2006. I am now carefully watching the September EB2 dates. If it gets closer to Dec..I need to pull back the 485 as I don't think I can get marreid within 6 months due to family responsibality back home. If I withdraw my 485 application, I will lose the queue, money and since I plan to change job, the only benift I will be taking with me , is the PD date which I can later transfer if my next empyer does my GC. With a 2.5 year h1b left, I am hoping under worst situation, my next emplyer will sponcer my GC. This whole GC process is a pain in ***...!!!!

    tablet pc you are better if you withdraw your app when your PD becomes current, or also try to get married soon so that you can use follow to join procedure....





    GCMember
    08-20 01:14 PM
    At what date the checks got encashed?





    Canadian_Dream
    10-19 01:43 PM
    I am not sure if this is that simple. There are no clear laws that state what would be the implication if:
    Your I-140 on which you were granted an extension is revoked by your employer. This is quite possible if you are not working for that employer and the employer decided to go by the book. Most big employers would do it just as a prodedure. Some would do to subsitute the underlying labor.

    I have heard various things in this regard some from lawyers too, and I haven't got a clear answer on it. This provision comes from AC-21 which fails to state the above condition. There were further directives (Yates memo etc) after AC-21 to clarify various situations, unfortunately this situation wasn't answered in any of them either.

    If you draw parallels from extensions granted on Labor Certification, the H1B is valid till the end of duration as long as labor remains pending. If Labor is approved or denied or subsituted the underlying H1B status is quentionable. This could mean that the extension granted is not without strings attached. This is just my opinion.




    If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
    If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.