Monday, June 13, 2011

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  • gc140
    10-23 10:58 AM
    Thanks a lot Ragunath. You saved my $1150. Sheila was asking $1150 for processing.

    If you don�t mind will you please share your case?
    How did you proceed further after denial?

    Thanks again.





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  • sbmallik
    05-29 10:15 AM
    Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.

    On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?

    Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.





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  • morchu
    06-01 04:54 PM
    1. Indian passport holders are exempt from the 6-month rule. Link.... I will search when I get time and post.
    2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html

    http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
    Greg mentioned that....
    "There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."


    Hi Morchu,

    I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.

    Ok, so how can one prove his intention at the POE for GC?

    ....would appreciate your reply.





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  • mallu
    12-18 08:30 PM
    Govt. has stipulated some wage while doing LCA. I think these activists should go after the govt. to raise that wage if they feel if it is low.



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  • hoolahoous
    11-01 11:58 AM
    part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"

    not sure what your point is. the list clearly states

    "Unemployment compensation is also not considered for public charge purposes."





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  • dc2007
    08-04 06:57 PM
    I think lot of people here might be having similar issue, which I am having. As a consultant I have stayed at lot of addresses but my on my salary slip I try to keep the same address.

    Here is the one scenario out of many:

    Scenario 1:
    1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.

    2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.

    3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.

    4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140

    Question 1
    So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
    Note: my H1 labor has NJ address only for this duration.

    Scenario 2:
    In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).

    Question 2
    Should I use NJ address only for these 2 years - 2003 and 2004 ?

    Scenario 3:
    Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.

    Question 3
    Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?

    My main concern is, Is g-325 has anything to do with tax return ?

    Should I make sure that my H1 labor state should match my residence address?

    In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?

    Thanks in advance



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  • fatboysam
    05-17 12:39 AM
    I am a software engineer and i do not find my occupation in this list. There is one but it's only for managers. Does it mean i am not eligible by any means ?





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  • hopelessGC
    04-28 12:02 PM
    I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.

    Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html

    I am posting information form this article that might interest the readers:


    The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:

    1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
    2. Duplicate: the A number associated with the application has already been authorized; or
    3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.

    Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.

    According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.



    Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D



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  • kondur_007
    08-04 10:07 AM
    Hey, great example and at a good time.

    This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.

    Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.

    Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.





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  • pret_23
    01-28 04:55 PM
    Ram Shriram -Google
    Vinod Khosla -venture capitalist
    Bharat Desai -Syntel



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  • nlssubbu
    10-05 04:13 PM
    Just to add My I 140 approved from the first company.

    You have two options in this situation.

    1. File an amendment to the approved I-140 based on Merger / Acquisition
    2. Once you got EAD, invoke AC 21 and can continue with your employer.

    I was in your similar situation when my division is acquired and my attorney filed an I-140 amendment, as I do not want to use EAD. [H1 / H4 is duel intent and we can be still protected even if I-485 is denied! When we are not switching companies why to loose this advantage?]

    Thanks





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  • wandmaker
    10-30 12:19 PM
    I heard walk-in is the best way to advance. ASC can accommodate, if they have low volume for the day

    Is FP Prepone possible

    If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.

    If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.

    Thanks
    Govardhan



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  • ak_2006
    05-05 05:52 PM
    Got it





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  • akred
    06-23 01:06 AM
    Interesting question. Since they are taking 8-10 days or more to generate receipts perhaps we can send papers in now and hope they generate a receipt in the first week of July.



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  • little_willy
    08-10 10:04 AM
    come on PA members, I am sure there are more IV members from PA than just the few that voted on this poll. Wake up and see the hard work being put in by other members. Members are flying from out of state and you living so close to DC shouldn't offer any excuse not to attend the rally. Strength is in numbers. Check out this video by Chanduv for more inspiration http://immigrationvoice.org/forum/showthread.php?t=12216





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  • godbless
    07-20 06:03 PM
    Do we need to send the original i 140 or just copy of I 140 is fine ? I mean do we need to send original I 140 to USCIS at any point in the 485 filling?



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  • sam0407
    07-24 02:58 PM
    As per my attorney, one year validity is recommended, but, I myself had only 10 months validity in my PP, she said it’s ok and we applied I-485..

    BTW, for safer side I just renewed my PP in NY Consulate..If your are going to NY Consulate in-person . It will be get done on same day..





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  • eb3retro
    08-03 06:35 PM
    This is a small idea and let us see if it works.

    We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.

    I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.

    Suggestions are welcome.


    great idea...





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  • pmpforgc
    10-31 02:49 PM
    Hi


    My sch-A appln. I-140 was approved on Oct-30.
    I also got LUDs on I-485s of me and my family on Oct-31.

    Does that suggest anything or it is just routine update after I-140 apporval?

    Your experienced input will help.





    yagw
    03-16 12:39 PM
    Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.

    One thing that is certain is, the uncertainty of the USCIS :) So, no definite answer to if/when you will get RFE.





    thepaew
    02-09 01:41 PM
    Hello Pappu,

    I can write this. Please let me know the word count. When is the deadline?

    BR

    We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.

    Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference



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