Thứ Ba, 14 tháng 6, 2011

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  • jsb
    01-23 11:17 AM
    .... If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283. ...


    Although reference in the text above refers to "receipt date shown on your receipt", I doubt if they really mean that. As per latest processing status, all cases with RD = July 2 should have been processed by now. Is that true? I doubt.

    True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.




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  • knnmbd
    08-29 02:25 PM
    This is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it’s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.




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  • HRPRO
    03-07 11:16 AM
    You will retain your PD.

    If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.




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  • eilsoe
    10-03 12:14 PM
    yeah, check my post "What grids can look like" in the "Drawing and design" threads...

    THAT looks weird... notice how the grid pattern fits perfectly with a mosaic render...! :)



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  • skumar9
    04-13 12:26 PM
    So did you answer the RFE ? ....




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  • LostInGCProcess
    01-08 12:54 PM
    LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.

    I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.

    Any comments......

    No. One can continue to work on H1 if its the same company.



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  • copsmart
    06-12 12:43 PM
    Its a long wait for everybody, and I understand that everyone wants to get their application approved when the dates are current, or at least before the dates retrogress. However, putting too much pressure on USCIS is not going to get us anywhere, except it will make things worst. In my humble opinion, we should let USCIS do their work, so that they don't waste any visa numbers.

    Just my two cents, but its your personal choice. No hard feelings!




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  • MerciesOfInjustices
    05-22 12:48 AM
    On Monday, May 22, 2006, a very important new study was released on the "impact of backlogs, processing delays, and long wait times on legal immigrants seeking to join the U.S. workforce as skilled employment-based and family-sponsored immigrants". Aman Kapoor and Shilpa Ghodgaonkar from IV spoke at the release as did Senator Cornyn! The title of the study says it very clearly - Legal Immigrants: Waiting Forever (http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf)!

    Certainly this is a great study, for several reasons.

    It is the first of its kind
    It is derived from official data, not from anecdotal evidence
    It is written by independent, non-partisan scholars, who are not immigrants!
    It confirms the need for fixing the 'Legal side of Immigration' ASAP!

    Among the findings of the study:
    • Waits for green cards (permanent residence) in the Skilled Workers and Professionals category have worsened considerably in the past few years, with the current wait for a newly-sponsored high skill immigrant in this category exceeding five years.


    One of the co-authors is Stuart Anderson, Executive Director of the National Foundation for American Policy. He is very experienced on Immigration matters, and has served in the INS (in Policy/Planning) and on Capitol Hill. Impeccable credentials - though I would not support anybody on the operations side of the INS! He might have even authored the language of some of the laws that govern us now, when he served on Sen Brownback's staff!

    Stuart Anderson, Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.

    Amongst others on NFAP Advisory Board, the name of James Ziglar stands out. Many of us remember him as the former head of the INS - definitely somebody who is well-versed with Immigration matters.

    But, this Board also includes Prof Jagdish Bhagwati, renowned economist - certainly a very learned & highly-skilled immigrant. (Interestingly, if Prof Bhagwati had to apply for his Green Card today - he would get it only in several years! Or, they would have to get an Act of Congress for him!). Also on the Board is Cesar Conda, who was an advisor to Vice-President Cheney on domestic policy.

    The official release (http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf) of the study took place at Washington D.C.
    Senator John Cornyn, a Texas Republican who opposes the current guestworker plan in the bill being debated in the Senate, said he had offered an amendment to the bill that would eliminate the quota for some highly-skilled workers educated in the US. He said economic competitiveness was at stake in the way in which the issue was handled.

    Aman Kapoor, founder of the group (Immigration Voice), says the broken employment-based immigration system forces workers like him to live in a state of limbo. People working in the US who are waiting for their green cards, as he has done since October 2003, cannot change jobs or move up in position, thus restricting their opportunities, he says.

    It was also covered by MSNBC (http://msnbc.msn.com/id/12919954/).

    Please look up the NFAP website NFAP (http://www.nfap.com)! It is amazingly accurate, and uptodate. It highlights mostly H-1B related issues, but is very knowledgeable about the business aspects of Immigration.

    We already know our issues, but a study from non-partisan scholars adds immense weight to them! Even if this study goes beyond our issues, all of the issues will be important to us or our family at some point of our lives!

    In summary, this study will be huge in advancing our cause!



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  • anilsal
    01-20 08:59 PM
    you can get your pp renewed within 10 days in India as long as you have things like voters ID card, Indian DL etc.

    If this is possible, you can get it in India.




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  • acecupid
    09-06 08:33 PM
    Read something interesting on TOI..

    NRIs treated as Not Required Indians! - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/NRIs-treated-as-Not-Required-Indians/articleshow/4979439.cms)

    Indubhai Amin, a non-resident Indian (NRI) settled in the UK earns interest income of Rs 3 lakh on his non-resident ordinary account bank deposit in
    India in the current FY 2009-10. Enjoying his personal exemption limit of Rs 1.60 lakh and the eligible deduction of Rs 1 lakh u/s 80C, Amin is comfortable paying income tax of Rs 4,000 in the first slab of 10 per cent on his effective taxable income of Rs 40,000.

    Flat tax of 20% and 30%

    A huge shock awaits Amin and millions of NRIs, in regard to taxation of their interest and investment income and capital gains earned in India, proposed to be treated under the draft Direct Tax Code as "income from special sources."

    In 2011-12, on the same interest income of Rs 3 lakh, Amin will be required to pay a hefty tax of Rs 60,000 at the flat rate of 20 per cent, without being eligible to claim any basic exemption or other deduction, as provided under rule three of the First Schedule to the Code.

    Moreover, all capital gains earned by a non-resident will attract a flat tax of 30 per cent, irrespective of the amount of capital gains. While a resident Indian will be required to pay tax of Rs 3.84 lakh on his taxable income of Rs 25 lakh, an NRI earning equivalent capital gains will be called upon to pay almost double tax of Rs 7.5 lakh.

    Hair-raising drafting

    New section 13 (2) provides that such �special income� shall be computed in accordance with the provisions of the Ninth Schedule, the drafting of which is literally hair-raising. It provides that the amount of accrual or receipt shall be computed as the taxable income, and no loss, allowance or deduction shall be allowed, as the same shall be presumed to have been granted. The only exception in this regard, in respect of capital gains arising from the transfer of equity shares or units of equity oriented mutual fund chargeable to STT, is quite amusing, as it stands redundant in view of the proposal to abolish STT (a classic instance of incoherent drafting).

    The draftsman does not seem to have realized the harsh implications. It means that if an NRI sells a capital asset purchased for Rs 10 lakh at Rs 30 lakh, he will be required to pay tax of Rs 9 lakh at 30 per cent on the gross sale consideration of Rs 30 lakh without any deduction even for the cost of acquisition of Rs 10 lakh (not to mention any benefit of indexation on the same).

    Determination of residential status

    The residential status of an individual under the Code is proposed to be determined as per the current norms. However, the status of "not ordinarily resident" (NOR) is proposed to be eliminated. Despite the above, Clause 24 of the Sixth Schedule has still provided for exemption in respect of interest earned on foreign currency deposits in the case of NOR. Poor drafting indeed!

    The Code has proposed to retain the current exemptions availed by a non-resident in case of interest earned on NRE and FCNR deposits with banks.

    Special exemption for returning NRIs

    A useful exemption has been provided in case of income earned outside India, if it is not derived from a business controlled from India, in the financial year in which the returning NRI becomes an Indian resident and the immediately succeeding financial year. However, the benefit of the said exemption would be available, only if such individual was a non-resident for nine years immediately preceding the financial year in which he becomes a resident.

    Wealth-tax liability for NRIs

    Proposed Section 102 of the Code provides for wealth tax liability in the case of the value of all global assets of an individual or HUF. However, an exemption has been provided in case of the value of assets located outside India in case of an individual who is not a citizen of India or an individual or HUF not resident in India. Hence, while returning NRIs who are non-citizens will enjoy wealth-tax exemption for their overseas assets, NRIs with Indian citizenship becoming residents will attract wealth-tax liability on such assets held abroad.

    Illogical exemption under wealth-tax

    Talking about wealth tax, the Code prescribes an exemption in respect of any house or plot of land belonging to an individual or HUF, if it is acquired before April 1, 2000. It is difficult to understand the logic as to why this exemption has been denied in all cases where such immovable property is acquired after March 31, 2000!

    Proposals That Will Hurt the Global Indian Sentiment

    Flat Rate of Tax

    20% flat tax on interest & other investment income
    30% flat tax on all capital gains
    Apart from 20% & 30% TDS on above, TDS at a baffling rate of 35% prescribed on all residual income

    No Personal Exemption

    No personal exemption or deduction allowed in computing the above income treated as �income from special sources�.

    Weird Interpretation

    Poor drafting leads to such a weird interpretation that transfer of a capital asset may attract 30% tax on gross sale consideration.

    What Discrimination!

    Ironical but true! Non-Indian sportspersons, say Ricky Ponting or Shoaib Akhtar, required to pay a concessional tax of 10% on their game, advertisement and column earnings in India, thus enjoying a more privileged tax status than our own sons of the soil living abroad.



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  • bkarnik
    04-17 03:37 PM
    But, even if you are being audited, you still would get a response within 60 days letting you know that your case is being audited. They need to do this because they need all the records from the company for auditing. This way the DOL can keep the statistics at an impressive level. My guess is that either this particular application has fallen through the cracks due to the initial IT issues or the lawyer and/or the employer have not bothered to let the employee know if they have received any information.

    My 2 cents..




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  • webm
    02-13 04:22 PM
    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks


    One more criteria is,If your 485 Notice Date falls prior to the processing dates (respective Processing Centre) as well THEN you can expect adjudicated in or after March depends on your Luck..

    This criteria was mentioned in one of the recent thread in this forum..



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  • GCwaitforever
    05-24 09:26 AM
    Great job guys. So far this has been the big event with our direct participation and which grabbed headline news. I hope with this coverage, the Senators turn their heads towards legal immigration. Kudos to Aman, Tracy Hong, Shilpa and other core team members who are sacrificing their time and money by representing IV.




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  • Arjun
    03-15 11:32 AM
    I agree, I think you can recieve incentives, but you cannot work (as an employee) for a corporation other than the H1B sponsor. In any case, as long as you report all of your income you are fine. I do'nt think IRS checks your status to validate your income.


    H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.

    The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.



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  • eb3_nepa
    02-21 03:43 PM
    I had mailed and faxed sen Specter's office asking for an appointment. Spoke to Mr Kenneth Altman, the immigration incharge. He said there was no point in an appointment, since their office is WELL AWARE of the Retrogression problem all over the country. He DID however say, i could mail him the Powerpoint presentation and he would take a look at it. I will Do that this week.




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  • mrajatish
    09-18 10:12 AM
    Friends,
    I had created this thread to share ideas on what we can do, given the grim situation we are in. I will really appreciate if others come up with ideas and make it part of this thread.



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  • ivrox
    01-29 03:31 PM
    Able/willing!!
    Look how EB process affected our life.. Labor certification terminology now feels so natural to us

    Yep, any qualified person can notice his inability/unwillingness !




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  • dealsnet
    08-04 11:55 AM
    We need a new Social Security Card after receiving the GC. Restrictions in the H1B people's card. So we need to apply to remove the restrictions.
    I did apply at the Social Security office and got the new card within 1 week. The application is same for a new SSN and we need to show the Green card as a proof. We need to surrender the old card at the office. The old card with 'employment with INS authorization' will be removed from the system.
    So after getting GC, we need to give new I-9 to the employer with GC copy and new Scoial Security Card. Same applicable for dependants.




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  • rabis
    04-13 02:00 PM
    For a medical REF how many days do we have to reply?

    Thanks,
    RabiS




    Dhundhun
    10-23 01:22 PM
    AFAIK, oneway ticket originating US can't be bought in India. You need to cancel ticket, and buy a return (both way) ticket.

    Usually tickets bought in India is cheaper - so there are these restrictions.

    It is possible to buy a ticket from US for a journey originationg from India. Airlines passes instruction and Tickets are issues in India.

    Rules might have changed, but this was latest information from my side.




    hypersphere
    05-21 09:07 AM
    Exactly the same thing happed to me a few years ago while hiking in the adirondacks, upstate NY. If you are within 100 miles of the border the "border patrol police" has the authority to perform immigration checke on you. This is in contrast to local/state police who under-law, cannot ask you for your immigration documents. There is always patrolling on I87 near the border.
    While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
    I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.



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