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  • piyu7444
    04-28 02:35 PM
    His brother HAS to state which family member is currently in the US. Its on the form. If he lies, he will never get a US Visa.



    Definitely agree. Just be cool, but do not come across as arrogant.

    Well he could not get visa stamping and was rejected. The VO said he can not issue a visitor visa to a young guy (24 yr old) -

    I am still to get more details from him about the interview.

    Any suggestions? Shall he re-apply or it is of no use? He at some point of time in future might need to come to US on work visa (no one knows when) so will rejection of Visitor Visa have any negative impact in future??





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  • onemoredesi
    05-15 09:12 PM
    I think that is a very good idea. If my EB3 Labor approves, that is exactly what I am going to do also.. Remember once your I140 approves, your Priority date is locked.. so, even if you file for your labor at a later date, your PD remains 2003, so, I'd say donot think twice and proceed with EB2 filing... atleast there is a chance thate EB2 may move at least 1 yr in the next few months.. so, you could file for your 485 as well... my 2 cents..

    1MoreDesi !





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  • my_gc_wait
    07-23 01:06 PM
    cool, thanks a lot.
    Wishing you best of luck on your porting process too.





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  • suresh.emails
    10-13 04:31 PM
    While filling DS-156 form for F1 (student) visa, my "fiancee" have clearly specified that, she has her "fiance" is in USA and working. (there is a specific column for that).

    In fact, I'm the one, who sponsored her studies. My "fiancee" is my second cousin. While bringing her into USA, I have clearly mentioned to POE (Port of entry) officer, that she is my cousin and got her into Resident/Citizen line for immigration.

    Where is the question of fraud. When every information is clearly mentioned in the application while applying for F1 visa.

    F1 is a non-immigrant visa, even H1-B is a non-immigrant visa. US systems allows to convert F1 into H1-B upon completion of studies or allows to be on CPT and OPT for a total of 12 and 29 months respectively.

    Later, there is a special H1-B quota using which Master's student can apply for working visa (H1-B). Which is single intent visa and allows to apply for Green Card (GC).

    Every thing is straight forward and USA systems allows it.

    I still don't understand why people fear and when no mistake is committed.
    Does not this called a loopwhole and systems is allowing fraud?.

    What is fraud and what is not; when system is allowing.

    Is it some thing wrong/fraud of getting married to some one whom you like and who is already here in USA.

    Just because one has Green Card, does it mean one should drop out engaged girl from (Home country) India and get marry to some one who is working here or a Citizen. Does some ethics allows it?.

    I'm ready to throw out my Green Card and go back to my country; if some one says i'm wrong.



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  • kaisersose
    06-20 11:59 PM
    "Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first."

    Could some one explain the meaning. I could not comprehend this statement

    It is like this... EB2 is current for ROW. So what should they do with surplus numbers? Should they

    1. Pass them to EB2 retrogressed countries or
    2. Pass them to EB3 ROW

    It says the visa office originally thought 2 was correct, but after further review and consultation, they decided 1 is correct. Hence, though ROW EB2 has surplus numbers, these extra numbers will not be passed to ROW EB3, which is why it has become Unavailable.





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  • GCNirvana007
    09-09 05:05 PM
    Would help in avoiding "Ability to Pay" queries.

    Could you explain pretty please



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  • anilsal
    07-11 04:13 PM
    yesterday and today to logiclife.

    I am waiting for all the details necessary to plan one.





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  • harivenkat
    09-28 09:09 AM
    Not sure if this has been posted here.... fyi


    India seeks tax deal for H-1B workers - Computerworld (http://www.computerworld.com/s/article/9187281/India_seeks_tax_deal_for_H_1B_workers?taxonomyId=7 0&pageNumber=1)

    India seeks tax deal for H-1B workers
    Worried about protectionism, India presses ahead in effort to reach 'totalization agreement' with the U.S.
    By Patrick Thibodeau
    September 22, 2010 01:56 PM ET
    Comments (54)
    Recommended (14)
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    Share

    Computerworld - WASHINGTON - India's government and IT industry, worried about a rising tide of protectionism and looking to improve their ability to compete in the worldwide market, wants the U.S to stop collecting Social Security taxes from H-1B workers and their employers.

    H-1B workers in the United States pay Social Security and Medicare taxes, but many that don't remain as permanent residents are unlikely to see any benefit from those payments.

    The U.S. already addresses the issue under "totalization agreements" with nearly two dozen countries. Those agreements, under which foreign workers pay only the social security-like taxes due their home countries, are mostly with developed countries in Western Europe that have benefit systems roughly parallel to the those of the U.S.

    Anand Sharma, India's minister of commerce and industry, said in an interview Wednesday that "it's important" for his country and the U.S. to sign a similar totalization agreement. "We have a large number of professionals who are making a significant contribution," to the U.S. social security system but are leaving the U.S. after five or six years, said Sharma. The "benefits don't kick in for 10 years so they all return [to India] after making a contribution without benefiting in any manner," he said.

    A totalization agreement would be "mutually beneficial" for U.S. workers in India, Sharma added.

    India has signed totalization agreements with other developed countries, which "could be used as reference benchmarks; we may have different systems ... but the objectives are the same," said Sharma. Among the countries India has deals with are France and Germany.

    The National Association of Software and Service Companies (Nasscom), an Indian IT industry group, said that Indian firms and their employees are currently paying in excess of $1 billion annually in Social Security taxes and getting no benefit due to the absence of a totalization agreement with the U.S.

    Depending on what would emerge from negotiations between U.S. and Indian officials, a totalization agreement could also cut payroll costs for Indian IT providers.

    Daniel Costa, an immigration policy analyst at the Economic Policy Institute, estimates that the affected companies could save 14% on the labor costs associated with H-1B workers. "That would give companies another incentive to hire H-1Bs because that's an extra 14% of savings," he added.

    The net savings for Indian firms would depend on how much they have to contribute to India's system.

    Brijesh Nair, a civil engineer from India worked in Arizona using an H-1B visa and paid Social Security and Medicare taxes from 2006 through May of this year. Nair, who holds a PhD in civil and environmental engineering, recently returned to India to teach graduate level courses and said that he doesn't expect to benefit from the Social Security and Medicare taxes he paid.

    Nair noted that he does benefit from India tax laws that don't require H-1B visa holders considered Non Resident Indians (NRI) to pay taxes in his home country. "That is one advantage of being a NRI," he said.

    Nair said his retirement account could benefit greatly under a totalization agreement between the U.S. and India. "In India we have the concept called Provident Fund (PF), something very similar to 401K. If I can transfer my social security tax to my PF account, it is great," said Nair.

    IT is becoming an increasingly important part of the trade negotiations with India. But the recent approval in Congress of a $2,000 fee hike targeted against offshore firms without any hearings or much warning blindsided the Indians.

    In addition, the recent decision by Ohio to ban state contracts with offshore firms is seen as sign of advancing protectionism.

    And there is a belief by some in India that President Barack Obama has turned Bangalore, the city, into a verb by equating it with offshoring and job losses.

    In a nondescript building in Washington, 10 Indian and 10 U.S. officials gathered Tuesday on opposite sides of a large rectangular table to begin trade discussions.

    "We have to move the process forward, no matter how difficult, no matter how painful," said Indian Commerce Secretary Rahul Khullar, in remarks at the start of the meeting, while U.S. Trade Representative Demetrios Marantis foresaw "solutions to our difficulties that can be win-win." Khullar and Marantis avoided specifics before moving behind closed doors.

    With IT becoming an ever bigger part of India's economy, the country is unlikely to treat IT services as a completely separate issue. For example, IT could be linked to other trade deals, such as purchasing aircraft from Airbus instead of Boeing.

    Patrick Thibodeau covers SaaS and enterprise applications, outsourcing, government IT policies, data centers and IT workforce issues for Computerworld. Follow Patrick on Twitter at Twitter@DCgov, or subscribe to Patrick's RSS feed Thibodeau RSS. His e-mail address is pthibodeau@computerworld.com.



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  • Sakthisagar
    10-20 08:55 AM
    All Your suggestion will be included , talking points mean should be mainly focused on this points and Please sign up for the Conference so if lot of people talks in the same voice as IV there can be some political chance to pass the pending CIR related bills if not CIR at least Piece meal. Instead of suggesting pleace register and be in the Conference call. We should all talk this points already given and also if you have any other valid and amicable suggestions. But NOT by suggesting by by ACTING alone things will be changed.





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  • forgerator
    12-08 09:28 AM
    sorry to disappoint you fatboysam but the way things are going right now for EB3, you should expect a wait between 10-20 yrs. As they say ..."EB3 is like andheri raat"..



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  • GCHope2011
    05-21 12:26 PM
    Hi,

    I received my permanent green card based on marriage to US citizen, valid for 10 years last month. Now, I am planning to travel to India after close to 9 years, but I am extremely concerned about returning point of entry issues and I wanted to see what would the community suggest.

    I came to the US in Fall of 2002 on a student visa. Around aug - 06, I went out of status. Right around then I met my future wife who is an american citizen, we moved in dec of 06 and got married in Jun 07. Due to financial hardship, we couldnt apply for my AOS/GC up untill late Oct last year. [Oct - 2010]. We hired a lawyer and every thing went pretty smoothly and fast.

    I had my EAD approved within 45 days and I got my GC interview after a month. We [me, wife, lawyer] went to the meeting and everything went great. Our interviewing officer just took 20 mins to question us and we received my Permanent GC [not conditional] in the mail shortly there after.

    Now I am planning a visit back home for one week, because I couldn't get more days off.

    I am just worried about my return step to US at the port of entry. I have been reading and I learnt that I just have to present my country passport and physical green card to the officer who will then scan and ask questions.

    What kind of questions can I expect from the officer?

    Will he be asking me questions about my past as in when was the last time I came to US?

    Why I was illegal/out of status of close to 4 years and questions about our marraige etc?

    When applying for GC we collected lot of documents to provide to the USCIS that our marriage was in good faith such as joint bank accounts, pictures, leases etc. Should I take all those documents with me when flying?

    Will taking a certified copy of my marraige certificate beneficial along with the supporting documents?

    It feels like another "meeting" with USCIS where I have to show proof but I am really concerned that I dont get denied at the port of entry.

    Also, after I got my EAD, I moved to another state to work on a contract position for couple of months. I consider my actual address as the address I applied my GC which is in another state, since this is just temporary job. I already mentioned this to the officer at my interview and he noted my current location/job title etc during that time....should I do something about it?

    Sorry about such a long list of questions. Its just that I havent travelled out of country in such as long time and I dont know what issues I could face and what I need to carry with me so that I can be allowed back into the country upon return?

    Thanks.
    Out of status for that long probably carries a 10 year entry ban.

    You will just be relying on the POE Officer's oversight as your hopes of getting in. Other than that, anyone who looks through the history deeply has a good chance of catching the issue.

    I don't think being a GC holder makes any difference, as the out-of-status was accrued before GC.

    I am not a lawyer, so don't take my words without verifying with lawyers.





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  • a_yaja
    06-21 11:44 AM
    Unless USCIS approves 40K visas (or whatever was the number in the ombudsman's report) between June 12th and July 12th, I don't see how they are going to retrogress the dates in the middle of the month. Please remember that the visa number is consumed when the application is approved, not when the application is submitted.



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  • Tortoise
    05-08 05:23 PM
    June bulletin is just out and wiped out all our hopes and again the same day we are hoping for the next month. All our luck worked out already for Obama and no more luck left in USA :-)





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  • fernandocordero
    05-22 11:22 AM
    Hi there,

    Hope anybody has faced my situation, but if someone has and had already overcome the problem, I really need some info about it. USCIS sent RFE (Medical exams) back in Feb 17th 2009. On May 17th 2009, my case's status changed to PUT ON HOLD until more evidence is received, yesterday May 21th 2009, my attorney called saying she got a letter saying my case was denied for failing to send RFE, which is not the case we did sent it to the the right place (Texas field office), on the right time.

    We are filing a MTR on my case. Question is how long it may takes until USCIS decides to reopen my case, knowing that with USCIS you never know, but in average. This really sucks and unless you enter in a legal battle with them, only thing you can do is file, pay money and wait. Sometimes I think this is a BIG scam to make money.

    Good luck to everybody!

    Thanks in advance for your replies.



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  • uwa_hajar
    09-01 06:42 PM
    Who's that boy?





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  • desidas
    02-06 10:53 AM
    1. Is it true the USCIS must issue a NOID before denying a I-485 case?

    2. What is the impact on pending GC of revoking an approved I-140 after 180 days of I-485 pending?



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  • transpass
    08-15 12:22 PM
    I already said ...sorry to you guys....
    But you guys are still punching me...

    I could not find previous thread...Thats why I started this....

    again sorry guys...

    Admin please remove this thread.......

    :mad:

    Let's not beat a dead horse...

    FYI, As someone earlier posted, you cannot beat the IVians in bulletins. Even before the sep bulletin went live on the website, people posted the bulletin info... People called the number of DOS and knew the dates beforehand. It seems the info obtained through phone preceeds the bulletin posted on the website...:p





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  • thomachan72
    05-13 02:14 PM
    I mean give me a break. This is a nation that prides itself with pocessing the greatest brains. Well then does it take more than common sense to take a look at your greatest trading partner?? China?? Now lets see.... what drives china's economy?? Wow thats a question for somebody from Harvard/Yale to answer!! Well a layman like me would think the answer would be......."CHEAP LABOR"?
    My chinese friends this is not to hurt you or anything. actually it is to praise your abilities and fault with US economy not seeing this.





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  • deafTunes123
    05-08 12:26 PM
    But what should I mention, pending I-140 or approved I-140 or both? May be Lawyers knows better about it.

    Yes, you need to mention about your I-140 status.
    GCCovet





    hpandey
    07-17 02:02 PM
    Should I call you a desi purist trying to lecture on english language. Maybe you should be the one monitoring the threads:p

    Does it look anywhere that I am trying to lecture on the English language.

    All I am trying to say is that the title of the thread which is only a few words long can be spell checked at least before posting it. Is it too much to ask for.

    I understand if you write a full paragraph or a big post there are bound to be mistakes but in the title itself ... that is too much.

    Also there is a big difference between a typing mistake and being careless !

    Proficiency in English language comes no where in the picture. Why not write the title in a word document and spell check it and post it.

    I have enough faults of my own than to go around policing others but some things are too hard to digest.





    Lollerskater
    09-23 12:28 PM
    I personally wish EB3-ROWers were more active in this forum, so I'm going to start the ball rolling. Of course, I'm not a professional and my opinions are not law. Take them with a grain of salt. However, this is what I think about your situation:

    My prediction for your Oct 2005 PD case: you will get GC within the '09 working year. Here are my opinions and my reasonings:

    1. Your lawyer is crap; Fire him.

    You were current before this year ended. In June this year, the cutoff was 03/06. Your lawyer should have been working his ass off, making calls and contacting AILA and doing everything he could to get you your GC then. You missed your chance. YOU MISSED YOUR CHANCE.

    2. Whether the EB2-ROW spillover goes to EB2-I or EB3-ROW - all this is irrelevant for your case right now. You only care about it if in Jun 09, the cutoff date hasn't reached Oct 05 (highly unlikely).

    Just saying quoting "Spillover to EB2-I! You wait long!" is the lazy man's careless opinion.

    I personally feel USCIS didn't know what to do with the '08 EB2-ROW spillover, and just allocated it to EB2-I. If EB2-ROW spillovers to EB2-I were permanently the new trend, EB2-I would not retrogress back more than 3 years. For your comparison, EB3-ROW retrogressed 1 year 2 months.

    3. Here is a list of past EB3-ROW processing dates for your reference. It was kindly provided by another EB3-ROW member (I forgot who but I love him) :

    January 1, 2005 > C
    February 1, 2005 > C
    March 1, 2005 > C
    April 1, 2005 > C
    May 1, 2005 > C
    June 1, 2005 > C
    July 1, 2005 > U
    August 1, 2005 > U
    September 1, 2005 > U
    October 1, 2005 > March 1, 2001
    November 1, 2005 > March 1, 2001
    December 1, 2005 > March 15, 2001
    January 1, 2006 > April 1, 2001
    February 1, 2006 > April 22, 2001
    March 1, 2006 > May 1, 2001
    April 1, 2006 > May 1, 2001
    May 1, 2006 > May 1, 2001
    June 1, 2006 > July 1, 2001
    July 1, 2006 > October 1, 2001
    August 1, 2006 > October 1, 2001
    September 1, 2006 > March 1, 2002
    October 1, 2006 > May 1, 2002
    November 1, 2006 > July 1, 2002
    December 1, 2006 > August 1, 2002
    January 1, 2007 > August 1, 2002
    February 1, 2007 > August 1, 2002
    March 1, 2007 > August 1, 2002
    April 1, 2007 > August 1, 2002
    May 1, 2007 > August 1, 2003
    June 1, 2007 > June 1, 2005
    July 1, 2007 > C
    August 1, 2007 > U
    September 1, 2007 > August 1, 2002
    October 1, 2007 > August 1, 2002
    November 1, 2007 > August 1, 2002
    December 1, 2007 > September 1, 2002
    January 1, 2008 > October 15, 2002
    February 1, 2008 > November 1, 2002
    March 1, 2008 > July 1, 2005
    April 1, 2008 > January 1, 2005
    May 1, 2008 > March 1, 2006
    June 1, 2008 > March 1, 2006
    July 1, 2008 > U
    August 1, 2008 > U
    September 1, 2008 > U
    October 1, 2008 > January 1, 2005


    So look at the facts. Predict for yourself.

    And did I mention, fire your lawyer?



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