22.6.11

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  • needhelp!
    02-11 12:00 PM
    - You are a dependent EAD holder
    AND
    - You will never need to travel outside US
    AND
    - Some one else takes care of renewing your EAD every year
    AND
    - Someone else pays the $340 + $200 (lawyer fees) to renew the EAD
    AND
    - The principal applicant is able to find job in "same or similar" if laid off so that I-485 is not jeopardized
    AND
    - You are never going to get laid off because if you are, then good luck, because there are lots of companies out there that explicitly require green card holders and citizens because they don't want to get into any type of immigration issues (illegal by law, so you can technically file lawsuit against them).





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  • defriend
    07-11 02:03 PM
    Hi,

    My parents will be here for more than 184 days this year (on visitors vis) and I want to claim them as dependats on my tax return for next year.I searched through some old threads, but the info seems to be outdated.

    * Can I claim them as dependants on my tax return?
    * Has anybody done this successfuly before?
    * What is the deduction amount per person/dependant?
    * What is the process? I know they will need an ITIN etc.

    Regards
    Nick





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  • techbuyer77
    09-17 12:48 PM
    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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  • Maverick1
    10-30 12:22 PM
    Just got my I-94 updated with the correct dates at the local airport - the CBP officer was very courteous and immediately knew what was to be done.

    Thanks for taking time to post the resolution. Should be helpful for others.



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  • BharatPremi
    11-07 01:23 PM
    Hi guyz,

    Bit of addtional information that might be just what was needed to make final call.

    I spoke to Fragomen, my Law firm, and they informed me that priority date for filing I 45 (Green Card last stage) is current for Labor applications (EB3) filed in April 2001 and unless something dramatic happens again, things will move at its own pace.

    My Labor (in EB3) was filed in March 2003. Estimated time to get GC might be anywhere between 1 year to ... who knows....

    I am leaning towards resigning and start it fresh.. wherever...even If it is US fresh H1 will always be there.

    Thanks for your help and advises

    Regards,
    Alp


    What if France is at par or worst than USA for immigration/visa purposes? Your fresh start may become rotten there too.





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  • 485Mbe4001
    07-09 06:48 PM
    see below:

    Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -

    1. I am a US Citizen living in India?
    yes
    2. If I am a GC holder living in India?
    yes
    3. I am neither a US citizen nor a GC holder living in India?
    yes

    Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
    Dont bother calculating this because by the time you become 65 SS will not be the same as it is today, it can be bankrupt or the retirement age would increase to 75..80 god knows. I dont think anyone can give you a solid answer to this particular question. the calculator does not include your specific situation



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  • nixstor
    01-25 06:30 PM
    3 options

    1) file H1 on Apr 1st and if H4 is not approved by then withdraw pending H4

    2) file H1 on Apr 1st before the current H4 expires and hope that H4 is approved before H1. H1 should be approved after H4 to have the H1 status. If H4 is approved later, H1 status will be lost

    3) Request PP of extension and 99.9% of time 539 is approved along with 129.

    I will add more info as I find.
    HTH





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  • WeldonSprings
    07-30 02:18 PM
    Thats within the June 01, 2006 cutoff for EB2 India.

    Interesting Mar 06 EB2 , India?
    Thanks,
    Amar



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  • rb_248
    12-11 01:33 PM
    It seems like USCIS is taking steps to up the revenue. I wonder if the next step would be to allow for 485 premium processing.





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  • MannyD
    10-09 03:20 PM
    maybe the US should take a lesson out of India's book:

    http://msnbc.msn.com/id/15131460/?GT1=8618

    (kidding - but hey, it works to get things done faster, right?)

    The ranking is for how widely Indian companies give bribes ABROAD away from home. The context may not be entirely right, but it is a reflection of "normal" domestic practices.



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  • gautamagg
    07-20 02:27 AM
    As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.

    Dear Mr. Gonzalez

    I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.

    Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
    The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?

    On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.

    The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:

    Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.

    After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.

    Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html


    Thanks
    Gautam





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  • bkam
    04-14 09:01 AM
    Berkeleybee,

    Discussing the way the immigrants are treated in this country is a very constructive conversation. Discussing the way of getting out of this situation is also a very constructive conversation.

    Although I appreciate your (the core team) efforts and support them, we are still light years away from a quick and effective solution of the backlog and retrogression problems. All - government, Senate, Congress, Immigration service, big business etc do not care at all about the legal immigrants (better not use another popular expression :-). Do you need a prove for that !? And do you know why is that ? - because nobody "votes with the feet" and there is a permanent flow of "dreamers" hoping to get a GC. The big business is interested in guest workers, not in quick resolution of the GC problem - idiots like us cost less, do not dear to demand rights and are quiet and patient people who could bear a lot. And do not forget that the big business pulls the strings of the politicians.

    Bottom line - the lack of negative feedback (voting with the feet for example) contributed to the current mess in the Immigration.

    You should have access to my email address - call me and I will give you some helpful information.



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  • masaternyc
    01-23 10:59 PM
    Do u all work in software only???





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  • va_labor2002
    06-23 09:33 AM
    Guys, If we try something its not gonna hurt us. If we don't try we may have lost an opportunity. The least that this dude can do for us is listen and then we can follow up.

    I insist, again, lets talk abt soc. sec treaty. With thousands of us having together millions in that account, the US gov. will have to do something. Remember-its our money- the US govt. cannot deny it if asked by The Indian govt. IF they wanna keep it, better give us our GCs!

    I agree !



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  • Winner
    04-30 01:33 PM
    Deleted links to the blog since some members comuters got infected when they visited this blog site. I'll post the text from the blog in this thread soon.


    Non-Immigrants - All talk and no action?

    I have been a silent member of ImmigrationVoice.org, a group formed by and for Highly Skilled Non-Immigrants wishing to legally migrate to the US to lobby Congress for reforms. When I first heard about ImmigrationVoice on another immigration bulletin board, I was curious to find out what their agenda was. With an ambitious goal of reforming the immigration system to favor the Highly Skilled Immigrants and with a little over 200 members, I was one amongst the next 100 who hoped that this then small organization would make a difference and signed up. I am here on a H1B work visa and still have 3 years left. I know that this struggle has to start for me now for it would be too late.

    By now, the organization had grown to almost 3000 members and with a dedicated team of advisors and group members, they made a bang in the immigrant community last year by going on a PR spree and even rallied amendments through prominent pro-immigrant senators and lobbying firms to include/introduce amendments in the failed 2006 CIR bill, all through meagre finances (compared to other anti-immigrant groups) albeit rich with passion and hope.

    I consciously started donating not because I was hoping that something WILL happen, but atleast with the hope that I tried to make it happen and that I can proudly go down if it didn't. People have almost always benefited from the actions of a small group of highly motivated individuals who tried and tried and tried. Some succeeded but some failed. Those who led and won will make history. Those who followed and won will proudly remember the history. Those who refused to follow and still won will with guilt remember the history.

    Hope is the quintessential trait of a successful person. If I knew how to predict the future, I wouldn't be here. What is important is that behind hope there is always strength. Mahatma Gandhi once said that "Strength does not come from physical capacity. It comes from an indomitable will".


    Every non-immigrant has the indomitable will to succeed based on his/her definition of success. I had the indomitable will to fly 12,000 miles to a destination I had never been to, clutching a scholarship and hope. I had the indomitable will to persist after 9/11 to find a job. If I didn't I would have called it quits and returned back home. My friend almost got killed at a gas station. Why? He had the indomitable will to try to stand up on his own to pay his tuition and living expenses. There are several stories of sacrifices and will power that constantly amaze me even till this day. One guy worked at a meat packing plant to earn minimum wage while simultaneously studying for a triple major. The worst part of his story was that he comes from a strict indian family of orthodox brahmins who by tradition and religion consider all living beings sacred.

    When you hear these stories of how people have lived their lives to reach wherever they are, lobbying for a reform should be an easier task. Its not rocket science. Just like americans, we non-immigrants take our rights for granted. "We pay taxes. We pay Social Security. We pay Medicare. We pay state taxes. etc. etc." SO WHAT? You drive a car, get excellent health care, make enough money to buy your parents a house/car, parade yourself everytime as the rich successful lad who left the shores to the land of opportunity everytime you visit your motherland. At what cost?

    Sometimes, Charles Darwin's quotes come to my mind; Like this one - "It is not the strongest of the species that survives, nor the most intelligent that survives. It is the one that is the most adaptable to change."
    We, non-immigrants adapt ourselves to the utmost degree that we almost always end up trying to find the easy route in order for us to preserve our way of life in the name of adaptiveness.

    John Porter counters Charles darwin by saying-"People underestimate their capacity for change. There is never a right time to do a difficult thing. A leader's job is to help people have vision of their potential."

    In my humble opinion, that is exactly what ImmigrationVoice.org has been trying to do.

    Off late, it seems that a majority of the members seem to bring in their own agenda and rally behind their own agenda completely devoid of ImmigrationVoice.org's objectives. There was not one bulletin board thread which has never sidetracked from the topic of discussion. In the name of constructive criticism or the character of the devil's advocate, a small minority have caused confusion and resentment of the objectives of ImmigrationVoice.org. For those members, I suggest that you read the objectives of ImmigrationVoice.org and subscribe to them or look for another group with common objectives such as yours.

    I have always had the opinion that if you can't get it done, step aside and let someone else do it. Observe, encourage, argue with a discipline and respect like a professional, but don't leave. Every single ounce of hope is required to achieve ImmigrationVoice.org's goals. Its hard to convey emotions through words, but I do know that deep within every non-immigrant's heart, there is a passion for success, hard work, commitment and willpower. If not, we wouldn't be forcing the nation/world to take notice of us or atleast try doing so.





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  • sanju
    04-04 01:23 PM
    Wait a minute…. You guys have a problem if someone else is getting GC even though you guys very well know how much difficult it is to wait for the long process to finish. I am completely stunned to read some of the posts on the forum as these posts are always looking for parity with this or that group. Some posts say “why undocumented are getting GC after paying 10K as we have been paying taxes for years”, some posts simple whine as to why L-1 get to file in EB-1 etc etc. Is there an end to this unnecessary complaining and this urge to always looking for parity, sometimes with the privileged and sometimes with the under privileged? Some posts are always looking for “fairness” whatever "fairness" means to the individual situation, and then, blame the rest of the world around for delay with their green card process. I think we ought to grow-up and stop complaining about someone else getting their green card. We ought to stop complaining about all the wrong things that may be going on our lives and we should get serious about making phone calls and meeting with the lawmakers. I do not intent to start a flame war and my intent is not to offend anybody either, just trying to point out that we could be happier and effective if we stop whining and complaining. It would also help to create a more positive and constructive environment on the forums.



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  • rajeshalex
    08-27 04:33 PM
    What IO told is correct. Untill the case 140 is not approved, EB information is not updated and IOs at the infopass has limited access.

    If the 140 is approved, IOs at infopass can see this, otherwise they cant.





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  • saiimmi
    10-14 08:37 AM
    I wonder on what basis did they advance the dates by whatever margin they did. No doubt, any positive movement (in hours, days ) is good but the consolidated database is not in place as I understand and so this seems pretty much a watershed. The dates might move with out any GC being issued :)





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  • June05
    10-19 11:00 AM
    I have a similar case. Waiting on my PD to become current before I can interfile.

    One question - You said you got your new 140 approved with the older PD? How did you do that? I thought you use the older PD when you file 485? My lawyer has not done that - does that mean i will not be able to use my older PD?





    paskal
    09-20 11:01 PM
    swede and wonderlust:

    this organization is strong and growing everyday because of the efforts of volunteers like you. thank you from all of us for your enthusiasm and motivation. iv does not seek to represent any one nationality, group or skillset. Once you start dividing there is no end. india vs row? EB2 vs EB3? STEM vs other? US degree vs Foreign Degree? BEC vs new filers? we have seen all these food fights take place. will it ever stop?

    the goal is to end retrogression for all. if this happens incremental steps then the movement will continue until the whole goal is achieved. we, as a community of skilled immigrants cannot afford to be fractured. if we are not speaking with one voice, we will be ignored and those that oppose us will easily block our measures from going forward. among other things we learnt from this rally is that there are still those that seek to pursue narrow and divisive agendas within our movement. this will lead to sure failure, and each one of us will suffer for it.

    as i have reminded folks here on numerous occasions, iv is not a brick and mortar structure. we are iv, and there is no iv but us. we determine it's strength and weakness and we shall determine its (and therefore our) success and failure.

    some here fear what will happen when the current leadership get green cards. will iv go the way of skilled immigrant organizations of the past?
    the answer to that too lies within us. a turnover of leadership is but natural over time. if new people are unwilling to step up and be active volunteers, start state chapters, create new initiatives and bring renewed vigor to this movement it shall die out. if new volunteers will not come forward in a fresh stream then maybe we don't deserve this. we are the arbitrators of our destiny.

    i believe though we are more worthy than that.
    the rally has also shown us (especially me- given that i took upon myself the task of working with state chapters) that there are very dedicated and highly motivated members in this organization that will work selflessly and give up much to ensure success. my grateful thanks to the many who made my life so much easier these past few months.

    wonderlust, if you have initiatives to take the message out to the community, iv will surely help you in every which way possible. please pm pappu with your idea!





    gcseeker2002
    11-11 11:10 AM
    I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):

    1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).

    2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.

    This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.

    So, even though we have AP, we would be using our H visas to enter.

    Send me a PM if you have further questions.
    We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.