Friday, June 10, 2011

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  • amsgc
    06-20 12:05 AM
    gondal, paskal

    I have a question, if you don't mind answering:

    I understand one can apply for adjustment of status on F1, J1 etc. How does it affect your J1 status? I know someone who is on J1 visiting student and considering applying for I-485 as a dependent. Will it adversely affect their adjustment of status application/EAD/AP. Or, will it invalidate their J1.

    Request you to please respond as my understanding is limited.

    Thanks.

    Ams





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  • veni001
    02-03 08:08 AM
    Thanks for you concern.

    I would appreciate it if you can answer to my specific question. :)

    Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.

    Good luck.;)





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  • visves
    06-18 02:37 PM
    With the new fee structure, you would not have to pay USCIS every year to renew your interim benefits (EAD/AP). This would be most helpful if you are from a retrogressed country and don't expect adjudication any time soon. But, I am not sure what disadvantage you would have if you wait and file on July 30 instead of July 1...obviously there would be a ton of people before you. Personally, I am not sure how everything would play out and if the benefits outweigh the risks.


    Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.

    One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.

    Question I had was -
    What are the advantages if any to filing when the new fee structure is in place?
    or should one file the earliest date one can, say 1st week of July?

    I would appreciate if someone could shed some light on this. Thanks!





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  • RSM1444
    05-06 11:38 PM
    I am also in the same scenario. Any info will be appreciated.



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  • amitjoey
    01-09 11:30 AM
    Please see some answers I am guessing:
    1. Do I Need an airport transit visa since iam travelling visa France ?
    No idea. Do not think so.
    2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) If you mail it it takes a week, over the counter should be much-much faster - same dayThey do it same day for Visa. I believe that they should do it for new passport too. Indian consulate has good information on their website.

    3. Can I travel with an expired H4 visa ? you can always go back to India - travel to India is fine since you are a citizen of India (guessing). Comming back you need a visa, and your expired visa wont do. you need a valid H4 visa that is stamped in your passsport, by US Consulate. You have to get an approved I-539 here before you leave for India. Then on your visit to India, you can schedule an appointment at the US consulate to get the Visa (Appointment has to be scheduled way in advance and nowadays there are other requirements like mailing the papers in advance- please check on website)
    Please check with a lawyer or consult lawyers website for other requirements.

    My opinion, please do not rely on this information


    Iam on H4 and my visa expired on oct 31 '06 , I have apllied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.

    I have to visit India this month end and have booked my tickets trhough delta, from Us to India via Paris(France).

    I have 3 questions :

    1. Do I Need an airport transit visa since iam travelling visa France ?
    2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) [.
    3. Can I travel with an expired H4 visa ?


    Please Help ???





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  • nashorn
    12-18 01:43 PM
    You sure can and better do have the atterney do the job. Not much people have experience on appeal/motion. I hope your atterney do.



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  • GCMATRIX
    08-22 09:10 PM
    Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)

    Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card





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  • Libra
    07-09 04:59 PM
    how to change my vote then???

    over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.

    This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.

    ************************************************** ***************************************
    ************************************************** ***************************************
    ***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
    ************************************************** ***************************************
    ************************************************** ***************************************

    ONLY EB2-INDIA PLEASE.



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  • number30
    10-08 02:01 AM
    My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card

    1. How can he use the PIO card to enter and exit India?
    a. Does he simply show the PIO card, US passport to enter and exit India?
    2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
    a. Do they return the PIO application and its supporting documents before visa could be applied?
    b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?


    For PIO Usually it takes two weeks if you go personally. They will will tell you the date upfront. For PIO They do not take original passport. Hence you can apply for the visa even two days before departure.
    Just FYI While applying for PIO or Visa both mom and dad needs to sign otherwise they will send it back.





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  • lskreddy
    01-13 04:23 PM
    it won't correct, as this practice has been long stopped. You may be in trouble for sure.

    I disagree. When what you are requesting is what they should have followed in the first place, why do you back out? Damn, it seems like they screw up and we cover for their screw ups. Ask them to correct their mistake and give your 11/04 PD. If your lawyer won't, then hire another capable one..



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  • mrane1
    07-18 04:23 PM
    Wow!! never heard of such a thing!!





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  • dummgelauft
    01-25 06:23 PM
    You are obviously very very new to this, aren't you...
    No, they are not working overtime.



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  • pmamp
    02-27 07:42 PM
    I have found some useful information as I was looking for solutions. I believe, if she does not leave US, she could stay on F1.

    Please correct me if I am wrong.

    http://www.hooyou.com/f-1/140filing.htm





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  • voicerj
    02-22 10:46 AM
    Try Quillpad. its good you can type in english and translates in hindi then you can copy and paste it in the form.



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  • texcan
    10-19 01:48 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...

    I beleive it should be ok, as long as POE immigration does not ask for pay stubs.

    gurus, any input please.





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  • Pagal
    01-28 09:35 AM
    Hello,

    Congratulations! Hope you continue to support IV in the future as well ... through time and/or money... :)



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  • manish1905
    04-21 01:37 PM
    contributed small amount!!!!!





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  • ajju
    09-08 12:26 PM
    Dear All:

    Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.

    Thanks in advance.

    Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??





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  • champu
    03-06 01:18 AM
    Transfer money to State Bank of India .

    I agree. Diversify. Gold is another option.
    BTW in a few days all banks will be undergoing stress test...
    You would know where to put money.





    piyu7444
    04-18 07:22 PM
    I am currently on h1b with Company X (h1b expires in April 2011)

    (I-140 approved, filed 485 on july 2 so am past 180 days)

    If I take a job on EAD with Company Y without h1b tranfer to comapny Y.

    Now after 1 year if I want to move back to comapny X (as a result of AOS denial or without a reason) can I still use the same h1b petition to move back to comapny X or not? If not how can I move back to comapny X and what all it will take to get a new h1b ?

    Also do I need to leave USA?:confused::confused::confused:





    sobers
    02-10 10:55 AM
    It is important because this article distinguishes "skilled" immigration versus "unskilled" immigration. This country needs more of the former as enounced several times by leaders of industry, academia and politics, but the latter issue is somewhat controversional because of its largely "illegal" nature in the U.S.

    Regardless, this goes to show policy makers here need to be 'smart' and enourage 'smart' people to contribute to this country, as the Europeans are starting to do now...


    EU's New Tack on Immigration

    Leaders Talk Up 'Brain Circulation' To Cure Shrinking Work Force
    By JOHN W. MILLER
    February 10, 2006; Page A8

    BRUSSELS -- Faced with a shrinking work force, Europe's leaders are looking for ways to attract talented foreigners, even as some countries on the Continent close their borders to other immigrants willing to work for lower wages.

    Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the man charged with developing common immigration policies for the European Union, range from a new EU-wide "green card" that would allow skilled workers already in the 25-nation bloc to change countries without extra paperwork, to special temporary permits for seasonal workers.


    "The U.S. and Australia have stricter rules, but they get the right people to immigrate, and once they're in, they integrate them, and give them benefits, education and citizenship" much faster than in the EU, Mr. Frattini said in an interview. Europe's work force is expected to shrink by 20 million people between now and 2030, according to the European Commission, and businesses complain regularly about a shortage of highly skilled personnel, even as unemployment rates in many EU countries remain high.

    In Mr. Frattini's vision, a North African engineer could go to work in Europe, earn good money and return regularly to his hometown to start and maintain a business. Immigration policy in Europe is still up to individual countries. To sell the idea, Mr. Frattini uses the term "brain circulation" to counter accusations of a "brain drain" -- a phrase often used to criticize rich countries for sucking the talent and stalling the development of poor regions.

    The challenge for Mr. Frattini is that in the face of pressure from unions and politicians worried about losing jobs to lower-wage newcomers, most EU national governments are jittery about welcoming more immigrants. Only three of the 15 Western European EU nations, for example, have opened their labor markets to the bloc's eight new Eastern European states.

    While some countries are likely to resist opening their labor markets until forced to do in 2011, attitudes might be changing. Last weekend French Interior Minister Nicolas Sarkozy echoed many of Mr. Frattini's ideas and proposed special immigration permits for skilled workers.

    Plans to attract more immigrants are also a tough sell in developing countries that would lose their graduates and scientists. Mr. Frattini argues that successful migrants benefit their home economies when they work in Europe, because money they send home is an important part of many poor nations' gross domestic products.

    In concrete terms, Mr. Frattini says the EU would promote brain circulation by including non-EU citizens in job databases and funding language and job-training courses in immigrants' home countries. Mr. Frattini also wants to develop work visas that will allow immigrants to return to start businesses in their home countries, without losing the right to work in Europe.

    Some economists are skeptical. It is often difficult for immigrants to return home, and if economic conditions were good enough to merit investment, they probably wouldn't have left in the first place. "People left for a reason," says Jean-Pierre Garson, an economist at the Organization for Economic Cooperation and Development.

    The International Monetary Fund says immigrants dispatched $126 billion to their home countries in 2004 -- up from $72.3 billion in 2001 -- but there aren't any official figures on how much immigrants invest in businesses in their native countries.

    So, would brain circulation work? Some immigrants say they agree in theory that investing accomplishes more than cash remittances. Anecdotal evidence suggests investments that pay off require patience, hands-on involvement, start-up capital and participation by local residents.


    "Building is better," says Eric Chinje, a World Bank official living in Virginia who until recently had returned every two years to his hometown of Santa, Cameroon, with bags stuffed with dollars. "I'd take $5,000 and distribute among 100 to 200 people," he says. Three years ago, the 50-year-old Mr. Chinje set up a microcredit bank with the condition that villagers buy shares in the bank. Hundreds did, by getting money from relatives overseas, he says.

    The bank started in April 2004 with a capital base of $50,000. So far, it has lent money to a cooperative to fund a storage facility and a truck to carry fruits and vegetables to city markets.

    For an investment to really take off and make the kind of impact sought by Mr. Frattini, immigrant entrepreneurs say they need capital and connections.

    Kemal Sahin came to Germany in 1973 from a small mountain village in central Turkey. He started the company he now runs, Sahinler Group, one of Europe's biggest textile companies. Mr. Sahin employs 11,000 people, including 9,000 at plants in Turkey, where he started moving production in 1984 to take advantage of skilled, inexpensive labor. His knowledge of Turkish, local customs and regulations allowed him to set up an efficient operation, he says. "I was familiar with how things work in Turkey, and it was easier for me than for my German colleagues to invest there."

    --Andrea Thomas in Berlin contributed to this article.

    Write to John W. Miller at john.miller@dowjones.com1



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