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  • gc_chahiye
    09-20 05:55 PM
    The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

    I dont understand the reason of why they want to accept when current only ?


    because the law says so:

    From the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.


    This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.





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  • alex99
    05-28 10:37 AM
    This is nothing new. please close this thread.





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  • martinvisalaw
    04-06 12:48 PM
    The perm is for EB-2 which requires a Masters Degree (Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this.

    I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.





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  • ramraj_02
    10-20 09:20 AM
    On a different note, how safe it is to go for Visa stamping in Canada. My visa stamp in passport expired last year, my H1B is valid untill end of 2007. Will it be ok to go to canada for visa stamping at this stage. Please let me know if anybody has any good/bad experiences with this process.

    Thanks

    Hi, I have been through canada for my last visa stamping, Went to montreal had no problem at all.



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  • aperregatturv
    10-26 03:08 PM
    My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.

    Is this true?

    Thanks,

    PD Feb 2004 - EB3 - India
    I140 Approved - May 2007
    EAD Approved - Oct 3
    EAD recd Oct 10
    H1B Status Valid - 2010.





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  • amenon
    05-01 10:29 PM
    I understand that the chance is slim.... almost microscopic :rolleyes: But I need to prepare for the worst case (or is it the best...?? :confused:) hence the question.
    Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?

    Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.

    Thanks again.



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  • Raju
    07-02 09:51 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.

    Read the mission statement. FYI... We are not trying to stand on other to reach the top but, we do not let others stand on us to get to the top. I dont think you understand the subtle difference here. CIR is PRO ILLEGAL IMMIGRATION bill and has nothing to offer Legal EB immigrants.





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  • soarin3655
    04-08 02:41 PM
    US taxman gets after Indian-Americans - The Times of India (http://timesofindia.indiatimes.com/nri/news/US-taxman-gets-after-Indian-Americans/articleshow/7915510.cms)

    US taxman gets after Indian-Americans
    Chidanand Rajghatta, TNN | Apr 8, 2011, 09.40pm IST

    On Thursday, the US govt filed a petition with the court to allow the IRS to serve what is known as a "John Doe" summons on HSBC Bank.


    WASHINGTON: When you do a good deed, get a receipt, just in case heaven is like the IRS, goes the sagely tax advice in America. Some 9000 Indian-Americans are about to discover that tales of the dreaded Internal Revenue Service's omnipresence are not entirely exaggerated.

    While millions of Americans are sweating it out to file their tax returns before the April 15 deadline, Uncle Sam's taxman has zeroed in wealthy Indian-Americans suspected of using their native land to stash away undeclared money and evade taxes. Yes; while India has long believed its wealthy has stashed away money abroad, the wheel has turned a full circle. The US now says its Indian-American citizens are using India as a tax haven.

    In a surprising move that takes the American hunt for hidden money beyond the usual Swiss and Caribbean tax havens, the US Justice Department's civil tax division on Thursday asked a Federal Court's permission to force the London-based HSBC Bank to disclose names of thousands of wealthy Indian-American clients who it says maintain accounts with more than $ 100,000 in the bank's India branches -- ostensibly to hide it from the IRS taxman.

    In a 47-page statement filed before a San Francisco court, the IRS said there were 9,000 US residents of Indian-origin who had $100,000-minimum-balance accounts at HSBC India but that fewer than 1,400 had disclosed existence of their accounts. US laws require citizens to disclose any foreign account containing $10,000 or more.

    The US hunt for Indian-American tax evaders follows a case early this year when federal prosecutors nailed Vaibhav Dahake, a US citizen and an HSBC client for tax evasion by stashing money in India. According to documents filed with the government's petition, on Jan. 26, 2011, a grand jury in Newark, New Jersey, indicted Dahake, charging him with conspiracy to defraud the United States by using undeclared accounts in the British Virgin Islands and at HSBC India.

    According to those documents, employees of HSBC Holdings plc and its affiliates operating in the United States assured Dahake that accounts maintained in India would not be reported to the IRS.

    US authorities, attributing the information to HSBC's website, say that in 2002 HSBC India opened a "representative office" at an HSBC USA office in New York City to enable ''Non-Resident Indians'' (NRIs) living in the United States to open accounts in India. In 2007, HSBC India allegedly opened a second representative office at an HSBC USA office in Fremont, Calif., purportedly "to make banking transactions more convenient for the NRI community based in California." Although HSBC India closed those offices in June 2010, the government alleges that NRI clients may still access their accounts at HSBC India from the United States.

    According to the petition documents, NRI clients have told IRS investigators that HSBC's NRI representatives in the United States assured them that they could invest in accounts at HSBC India without paying US income tax on interest earned on the accounts and that HSBC would not report the income earned on the HSBC India accounts to the IRS.

    "The Department of Justice is committed to ensuring that all US taxpayers meet their obligations to declare and pay taxes on foreign bank accounts," John A. DiCicco, Principal Deputy Assistant Attorney General for the Justice Department's Tax Division, said in a statement. "The ability to hide accounts in foreign countries is rapidly dwindling. We will continue working hand-in-hand with the IRS to enforce the tax laws against those who are using offshore accounts � wherever they are located � to evade taxes."

    The IRS focus on India and Indian-Americans follows a campaign against undeclared offshore accounts held by US taxpayers, primarily in tax havens such as Switzerland and the Caribbean. In a landmark case in 2009, the IRS went after UBS AG for allowing U.S citizens hide their assets and evade taxes. UBS coughed up $780 million in fines, and more importantly, turned over some 4000 names in a precedent-setting case.

    "The IRS continues to focus its attention on international tax evasion," IRS Commissioner Douglas Shulman said on Thrusday about the HSBC India case. ''This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I've said all along, our international efforts are not about just one country or one bank � it's about our wider effort to ensure compliance with the nation's tax laws."

    Meanwhile, an HSBC spokesperson in New York told wire services that the bank has been engaged in a "constructive dialogue" with US authorities and hoped the issue can be resolved expeditiously. "HSBC does not condone tax evasion and fully supports the US efforts to promote appropriate payment of taxes by US taxpayers," spokeswoman Juanita Gutierrez said, adding that the bank complies with the law in all the jurisdictions and cooperates with requests from US authorities.



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  • crystal
    03-30 10:53 AM
    respone below
    All:

    I have a question with regard to legal status:

    Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.

    (a) What will be the status of my wife and son after the 2 month period?

    They will be on Adjustment of status after h4 expiry .

    (b) How will I be able to keep my wife and son in a legal status, after the 2 month period

    you dont need to do anything extra. if they want to go out of country and come back instead of h4 they have to use Advance parole (AP)

    I would appreciate some wisdom here.....





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  • purgan
    07-27 12:30 PM
    Urstruly


    I believe your friend and his wife will be fine. They have 180 day+45 day grace period...it is taking NSC quite a while to generate RNs so she will probably get the GC after FY2008 quota is effective in Oct

    But seperately I wish I had such good friends:-).



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  • mrsr
    05-25 12:02 PM
    I recently came to know like many desi comanies applying the h1 s for their whole family tree,like cousins, bros, sisters.

    think about them they will sit on the bench forever, also they cannot complain.

    We are inviting the trouble for our own future. I am not aganist the H1b program,but i am aganist about this family business. They come here on fake resumes and fake degrees.

    I would encourage every one to complain aganist them, so that real experienced people will not be screwd up.

    they also play tricks like one person will take the interview for the other one and so forth.

    Desi consulting is a big mess.

    we should act on it.





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  • jcrajput
    12-31 10:28 AM
    Thank you.



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  • wa_Saiprasad
    01-24 12:41 PM
    Maybe your lawyer should jump into the well or go back to school ;)

    I guess you lawer should go to school again.





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  • glus
    01-24 01:29 PM
    I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.

    My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).

    Please advise

    It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.



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  • mrsr
    05-25 12:02 PM
    I recently came to know like many desi comanies applying the h1 s for their whole family tree,like cousins, bros, sisters.

    think about them they will sit on the bench forever, also they cannot complain.

    We are inviting the trouble for our own future. I am not aganist the H1b program,but i am aganist about this family business. They come here on fake resumes and fake degrees.

    I would encourage every one to complain aganist them, so that real experienced people will not be screwd up.

    they also play tricks like one person will take the interview for the other one and so forth.

    Desi consulting is a big mess.

    we should act on it.





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  • dpp
    08-18 04:40 PM
    Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.

    Ok. keep speculating... enjoy with that.



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  • desighee
    02-25 02:28 PM
    In some states (like NJ), you need a letter from Social Security Administration stating that you are not eligible for SSN.

    Essex,MD has the MVA office.
    http://www.mva.state.md.us/LOCATION/baltimorecounty.htm
    Essex - Full Service
    Middlesex Shopping Center
    1338-A Eastern Boulevard
    Essex, MD 21221



    They don't need any letter from SSN administration.However they do check your visa status etc.So should be able to prove your legal status(passport.797 form etc),
    i would suggest call them up or go to their office with all the documents.They will tell u if there is anything they need and if it is missing.
    they are extremely courtious people and will tell u rightaway if there are problems with ur docs.
    Offcourse my information may be outdate so call them up first to make sure info is correct.





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  • Joey Foley
    November 21st, 2005, 06:54 PM
    The shots can be sharpened much better which would make all of them even more appealing.
    I was afraid to sharpen them too much. I thought that would too make much noise.
    Which one you like best Steve?





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  • jkays94
    03-31 02:13 AM
    He says in the talk, the job market in India is booming right now and it offers promotion opportunitieis etc ...

    In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.

    Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.

    Not forgetting Canada in the mix, Canadian permanent residency is attainable in between 9 months to 24 months if one applies while residing in the US as a skilled worker and has work experience.

    And this just yesterday :

    ABOARD TP-01, NORTHERN MEXICO — Mexican President Vicente Fox has proposed that Canada open its doors to growing numbers of unskilled Mexican "guest workers" to deal with a looming labour shortage brought on by an aging Canadian population.

    http://www.theglobeandmail.com/servlet/story/RTGAM.20060328.wxfoxx28/BNStory/National/home

    ***
    At the end of the day the US stands to be the looser. It appears that congress has forgotten about the impending retirement of over 75 million baby boomers. I am aware of many friends stuck in the BEC's or endless H1B extensions who are applying for Canadian permanent residency which they attain in as little as 9 months (if the interview is waived and depending on the skill). It will be no wonder if Canada soon becomes a destination for many skilled workers from the US who abandon their quest to become GC holders in the face of excruciating backlogs and needless hoops and hurdles.

    ***
    Monday, October 31, 2005 Page A1 GLOBE AND MAIL

    Immigration Minister Joe Volpe, who will table his annual report to Parliament today, says Canada hopes to be taking in as many as 300,000 immigrants a year within five years, and will start by raising its target for next year to between 225,000 and 255,000. Canada is on track to accept 245,000 this year, the very high end of last year's target.

    "We have to start thinking about the Immigration Department as a recruiting vehicle for Canada's demographic and labour market needs . . . we are the lungs of the country," said Mr. Volpe in an interview with The Globe and Mail. "We are producing more jobs than the labour market has workers for. . . . We're desperate for immigration."





    dhirajs98
    02-29 01:48 PM
    Thanks guys for your replies. My employer has more than 100 consultants and I think it is a stable financially. I never had any problems in my salary. I was paid on time always.

    So you mean after appeal they can approve my I140?

    I do not know my PD. But my labor was filed sometime in Dec 2006.

    Chantu,


    I had this issue with my labor not with I140. My employer provided all the required documents and then it was approved. As long as your company is financialy sound . you should get approved.

    BTW, when did you file your I-140?

    EB2 or EB3?





    div_bell_2003
    01-09 04:42 PM
    http://immigrationvoice.org/forum/showthread.php?t=18737

    Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.