Sunday, June 26, 2011

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  • chisinau
    02-01 06:54 AM
    I started the US immigration in 2006, PD-September 2006, by CP, EB3ROW. DS230 renewed 3 times since then... a couple of months ago I applied to Canadian PR, now I am waiting for my interview date. So I have two processes parallel - US GC & Canadian PR. My question is : How these two immigrations can jeopardise each other? :confused:
    Logicaly I will attend the Canadian interview first, will they ask me about US immigration? should I tell the truth? Will they deny the PR because of the GC process?
    Presume that I have successfuly done with canadians and have landed in Canada with my PR in 8-10 months from now, and suddenly, I,ve got an invitation to the GC interview... :eek: Does the fact that I have a Can. PR will kill my future GC and at the interview the will deny and cancell my case? :confused: Or The interview will be successful and I will have my GC, but somewere in the future there is a point where I should refuse one - GC or PR? :confused:
    I should mention that the GC is the choise No1 , and PR is a plan "B"...
    I believe that my situation is not unique, but now I am out side the US and in my country it is difficult to find a competent lawer. So I hope that somebody from this forum could answer my questions.
    Appreciate all useful answers and ancillary information. :):)





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  • kokil
    03-08 08:43 AM
    Thank you very much for the reply. The reason for stressing so much is I already started the study and finish 3 subjects. Now again I need to start with new university.
    Doing masters is not a problem.

    U21 has another alternative where they give degree from University of Malbourne, which got AACSB accreditation this year only. If I will continue the education and complete masters and get a degree from University of Malbourne then U21. Will that work?
    Or I need degree from US based university?





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  • logiclife
    02-27 12:21 PM
    This article is a great read in this situation:

    If you are on your way to India for good, on a one-way ticket, never to come back because you couldnt get any more H1b extensions after 6th year was over and lost your H1 and didnt have EAD a la portability.

    This article is a great way to convince yourself in that situation "What a bunch of SOUR GRAPES the American dream was and thank God I didnt get stuck in America but getting GC. Finally I am free to go back to India".

    I guess everyone who visits this website and does not decide to participate or contribute should take a printout of this article and put it in their pocket for a little light reading on that final flight back to India. It will make it very much easy to enjoy India and forget the horrible horrible experience that 6+ years in America had to offer.

    Good going.

    --logiclife.





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  • msp1976
    04-21 07:11 AM
    how about www.taxpayinghandcuffededucatedslaves.org
    what about www.hitechslaves.com


    You guys really have to give a deep thought before you suggest names that contain the word slave....

    The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...

    Now see where the argument ended up...Think completely what you are getting into...



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  • leo2606
    08-18 10:23 AM
    But marriage certificate from Indian Consulates can not be used for this purpose.Same case with birth certificates.

    My sympathies to you.
    However I don't understand how your wife and kids got depedendant visa. I don' think one can get a H4 or L2 visas with out marriage certificate first place, unless your wife came here on F1 visa here.
    Anyway, You can apply marriage certificate with Indian Consulate. You may want to visit there with wedding pictures and passport there to get your certificate





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  • Karthikthiru
    02-07 11:27 AM
    H1 Extension applied on 11/21/2007 and H4 for my wife on the same day

    Karthik



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  • santa123
    08-14 07:31 AM
    Good points: Here is what I think:


    - future VBs
    - visa availability in the coming months
    FOR THIS I HAVE DISCUSSED DETAILED PREDICTION IN FOLLOWING THREAD:

    http://immigrationvoice.org/forum/showthread.php?t=20863


    - awareness about visa wastage
    DEFINITELY A MAJOR ACHIEVEMENT. ALL THE HAPPENINGS OF THIS YEAR (USCIS AND DOL DEPOSITIONS FOR IMMIGRATION BILLS ETC..) THERE IS CLEARLY MUCH MORE AWARENESS ABOUT VISA WASTAGE AND IT APPEARS THAT THEY ARE TRYING REAL HARD TO AVOID IT...:)

    - dates becoming current for most EB categories
    - light at the end of tunnel for most of us
    I GUESS BOTH THESE THINGS ARE THE SAME. I THINK EB2 AND EB3 ROW WILL BE CURRENT BY THE END OF THE FISCAL YEAR AND EB3 INDIA AND CHINA WILL MOVE FORWARD SIGNIFICANTLY TO USE UP THE OVERFLOW (AS THERE ARE NO 485S FILED AFTER JULY 2007). HOPEFULLY MOST EB2 WILL GET THEIR GCS IN NEXT TWO YEARS. ADDITIONAL ONE YEAR FOR EB3 INDIA AND CHINA (ONLY A GUESS)

    - USCIS efficiencies
    NO COMMENT ON THIS: THEY PROVED IT AGAIN....THEY CAN NEVER BE EFFICIENT...EITHER THEY DONT HAVE RESOURCES OR THEY DONT HAVE MECHANISM TO USE THEM (LIKELY LATER SCENARIO)..AND NOTHING WILL HAPPEN WITHOUT MAJOR RESTRUCTURING OF THE SYSTEM. EVEN AFTER EVERYTHING BECOMES CURRENT, THERE WILL BE PEOPLE WITH PD IN 2001 AND 2002 STILL WAITING.

    Bottomline: CHANGE is happening... Hope and prayers are helping... Good luck to all





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  • Jai_MD
    11-21 05:12 PM
    Bigboy please gets your facts corrected: and read the definition of GC through Job posted at USCIS website below:
    "If you want to apply for a green card (permanent residence) based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for a green card based on permanent employment in the United States, you must go through the following processes"

    We all know how permanent jobs are here :) It's just the way the immigration law has interpreted it.

    His point was more in support to legal-Skilled immigrants that create value for US of A ;)



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  • ChainReaction
    10-19 10:24 AM
    If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
    If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.

    thanks tom for the reply,

    I have one more question what if i am applying for the 6th year extension ( have completed 5yrs already on H1B) can i still get 3yrs extension?
    thanks





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  • jasmin45
    07-15 06:02 PM
    At some point after the July Fiasco, we will have to merge and consolidate the Lou Dobbs sensation.



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  • ghost
    07-01 11:01 AM
    How did the show go?

    It can't be at 4 in the morning:D or is it?:confused:





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  • glus
    01-24 12:29 PM
    exactly, and also, each member could add a signature to his posts to show his contributions and related items. This will not add any work to the IV, who is focusing on the imm relief now....

    G



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  • thomachan72
    06-22 10:15 AM
    Copsmart/Frostrated/anilkumar0902/Uma001/desitechie/Optimist/Other Guru's,

    Thanks in advance for any suggestions you can provide

    Here is the current status:

    - Consulted my lawyer and went thru all docs they submitted as part of my I140 package. On my last employer experience, found out that I had submitted only one affidavit from a co-worker and that would cover for less than 60 months of experience at my last my place.
    - Came up with a list of some 30+ documents that include paystubs from US/India, W2/Form16's, letters submitted to CIS by previous company for new H1b back in 2003 and then for an extn in 2006, appreciation letters and other material on previous company letterhead. Discussed this with my lawyer
    - Lawyer is of the opinion that we can prove our case of alternate evidence based on documents i am producing.
    - Plan is to submit an affidavit from me that i was unable to get an exp. letter from my previous employer mentioning reasons on why its not possible, submit 2 affidavits from ex co-workers covering span of 63 months.

    Based on your scenario or known people, can one of you respond to how should i approach following issues:
    1) I am going to draft content for experience letter non-availability. I have mail trail from last 1 year following up on asking for details of $12K. Same mail mentions that am asking for experience letter and provident fund amount back from HR. Will it be a good idea to attach deputation letter mentioning 5 lac indian rupee to be paid for breach of terms and a 100 rupee bond paper contents which i signed before US deputation. Will it be Ok to mention that previous employer is asking for $12K settlement amount to provide experience letter and attach copies of bond and deputation note OR only mention that am unable to get experience letter and i have been following up with HR for last 1 year and attach email trail as evidence. Any pros and cons from CIS perspective on which approach to choose.
    2) Any other documentation that needs to be submitted ? Supporting evidence alongwith company lawyer detailed letter, 2 affidavits from co-workers for skills and duration, self affidavit for experience letter not available will be -
    > Paystubs from US/India, not for all 63 months but for some months in 2004/6/7/8.
    > W2's for 2005/6/8.
    > Form 16 for 2005-6/2007-8
    > Offer letter, yearly appraisal letters, US deputation letters, appreciation letters, ID Cards, 3 Business cards showing change in designations.

    I would highly value the following since you already have them; Offer letter (hopefully having some of your duties and benefits indicated), yearly appraisal letters (for all 5 years if possible), copy of the Indian income tax forms, appreciation letters + affidavit from couple of your colleagues.
    The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones.
    List the evidence on a seperate paper in the order of importance and then arrange the actual evidence or notarized copies in that order.
    It will work out so dont worry.





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  • gcwanter
    06-15 11:39 AM
    Is it true that the reports for the medical check will take almost 4 weeks to come back?



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  • GCA
    01-07 01:08 PM
    A major IT company making just 3% profit margin for last 8 years??? Howmany think its true? To me it just can't be. The original 40%(not sure of exact %) is more realistic and along lines with other major IT operating from India base.

    He(they) planned it all along I guess. Meticulously diverting(swindling) cash to their hands. Once market gone worse and knowing it remains so for sometime to come, they can no more see such money flow into their hands. So wanted to make a safe exit by selling their own company ( which interestingly named reverse of 'MAYTAS'-'SATYAM' - they probably know this will happen and its going to reverse the future of SATYAM ) and recording those swindled money under this asset in the name of 'bookvalue'.

    I hope whatever body goes into investigating this fraud, goes deep in and traces every(atleast some) 'real' penny that might have made its way out to classify this a 'fake' profit is found and returned back to the true 'stake' owners. More importantly, whoever deliberately crafted this, should be penalized such that it remains a deterent to others stealing publics money and their future. This is a testing time for India to prove they are relaible investment nation with a sound law to enforce better business environment.





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  • sk.aggarwal
    11-12 01:48 PM
    Thanks for sharing the link, I will go through this.

    It is not about money. I have absolutely no problem giving even 100$s per month for the cause if I know how my hard earned money is being spend. Actions like deleting threads, banning users just for asking reports, makes people uncomfortable. Have you seen the financial report at Eb3 Chinese Financial Report - ��›-�‰�-��Œ�š秿�-‘�•�-‹信�‰˜�Ÿ��‡‘ (http://www.eb3chinese.org/5.html).

    BTW, Hari if IV doesn't show you the links to donar forum, how will you know what you are missing ...
    just my 2 cents.



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  • sundar99
    02-27 01:36 AM
    As an Indian minister, I will speak up for fair treatment of Indians anywhere. - Kamal Nath - Union Commerce Minister, India.
    http://www.outlookindia.com/full.asp?fodname=20060306&fname=Mittal&sid=2

    They will not care for us at all! But, there is an outside chance that one of the retrogressed is related to one of them or somebody knows a politician... and our e-mail also reaches them at the perfect time! And, one of the concerned politician/minister happens to meet one-on-one with Karl Rove, or any such powerful figure in the Bush Team! And, they bring it up with the Bush Team, who assure them they will make Retrogression disappear!!!

    ;) Hey, if we were so lucky - one of us might have won $365 mil Powerball, and donated $200K or more to IV outright! I would have, I know that for sure!

    But, we have to keep trying every which way! Everything to gain- nothing ventured, nothing gained! Please, do not misunderstand me - I am not making light of somebody's ideas! Great things happen only if we keep trying!!!





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  • h1b_slave
    02-28 12:18 PM
    i believe that whatever the above stories convey it does not apply to skilled workers......life in india/china has got better only in the last 5-7 years....otherwise i have seen above average people in india retire with barely enough to live a good life.

    if a skilled worker spends 6-7 years in usa with good financial planning he can easily retire, unless one has really started living the dream(big car....big house...all the latest gadgets....yearly india trip...etc..)

    i do agree that this story can be related to a non-skilled worker from any country....(even below average americans have nothing except for social security when they retire....)

    techy2468 I hope you are kidding & r not serious :) . If you are then u need to meet someone (ofcourse skilled professional) who came 6 /7 yrs ago & ask his opinion on retirement or check out where he stands.

    You did not mention any figures (would love to see them from you as well as others reading this thread ) so not sure what you consider to be good savings/financial planning for retirement ?

    According to you all those who came in 1999/2000 have enough savings & can start thinking of retirement now.
    Do you all guys agree to this or is it only me who is still poor :D ?

    Here are some approximate figures, which i hope go for most of the skilled professionals
    Assume billing rate: $90K - $100K per year
    Consulting Company cut $ 30K - 40K per year
    Let's say average salary is: $60K ( i know many professionals r working for even less but let's include some little rich guys too :) )
    Now 60K means $5K salary per month
    After Family Health Insurance (considering married) & taxes salary in hand is $3500 to $4000

    Let's take $4000 in hand
    Now expenses :-
    House rent : $850
    Car Insurance : $150
    Car Loan payment : $250 (assuming used Toyota/Honda for 8K - 12K, No big dreams :) or rich lifestyle )
    House Utilities bill : $150 (like water, electricity etc)
    Cable/Internet/phone : $75 ( No HBO or special channels - No big dreams :) )
    Grocery : $500
    Eating out once a week : $125
    Lunch out : $0 ( ask your wife to give u lunch :D - No big dreams)
    Misc $300
    Total monthly expenses $2400
    (living an average middlecalss lifestyle)

    Savings per month 4000 - 2400 = $1600

    Now in 6 - 7 yrs (assuming the person worked like a "Donkey" :D with not a single vacation , no trips to india)
    12months X 6/7yrs X 1600savings = $ 115,200/ $134,400 (Total Savings)


    Do you really think this is sufficient to buy a house & lead a retired life either here or in india ???? or maybe i hv started thinking big :D
    (By the way even after 6 yrs i don't hv anything close to above figure -maybe because i did't live/work like a donkey)





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  • GC_hope_2006
    11-12 06:44 PM
    Thanks Rajesh.

    I was trying to find out if there are any other options to record my departure date and returning I-94 when I leave US by LAND.

    Looks like the only option for people leaving by Land is to send the I-94 to "ACS - CBP SBU". In my case, I will have to send this along with details proving my stay in Canada after leaving US.





    baburob2
    10-03 10:32 AM
    Basically to retain the PD you should have the copy of the I-140 approved and you could retain the PD. Having said that, different lawyers have different interpretations when you switch jobs and retain the PD. Basicallly some lawyers say you could retain the PD even if your old employer uses it for another person after revoking yours, while others say you can't retain PD if your old employer revokes your I-140. However if your old employer willn't revoke your I-140 then you could definetely port your PD with your new employer. If you employer is hesitant to give, you could try asking him other ways if possible for H1B stamping etc.





    logiclife
    10-16 06:24 PM
    Hi Guys,

    My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.

    I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"

    In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. … Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."

    She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works

    Thanks in advance
    h12gc

    Hmm, I am an oracle apps programmer too, although my job is more technical and less functional. Recruiting talent is a whole different job role than working as a functional Oracle apps consultant. Functional jobs (Oracle or SAP) is pretty much business analyst job, in my opinion.

    Now, you may use the same knowledge as you do, but still, its a different role and I think its highly risky to do this change. For example, let's say, you use same knowledge to work as a professor of computer science in University or as a practicing software solutions provider. IN both cases, you use same talent to do your job and use same knowledge and skills. But TEACHING is different job and providing software solutions is a different job.

    Same way, staffing/recruiting is different from doing functional analysis and I would be surprised if the job descriptions match close enough to fit in same job code. Try to get a good lawyer to match the job descriptions and interpret them into job code and see if the job codes are the same.



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