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  • rickys_in
    07-02 04:09 PM
    $3000 (Including medical, filing fees, birth certificate, fedex etc)





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  • wahwah
    06-05 02:59 PM
    andy garcia,

    its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.

    it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:

    In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).

    The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).

    and by the way...here is the Q1, Section 1 page the memo is talking about....

    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it’s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]


    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.





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  • go_guy123
    01-04 07:01 PM
    A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D

    I am curious to know with whom he spends the night with...only that one is eligible to come on H4.

    Damm...my imagination is running wild.





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  • gc_mania_03
    06-26 11:57 AM
    I am not saying Thanks and Good bye, As you see even after my GC I am still responding to your message. I am fully supporting the VI initiative. but the problem is that USCIS will do only what they think it is right and not what is really right. Me being in the Q for so long , I will never forget the Horrors of waiting for GC, even after getting the GC.

    We as indians are divided lots in every area, we are like CRABS. certainly I am not one of those CRABS, My friends will give a ample proof about that.

    In matter of fact, As a community, we are not PROUD about OURSELVES and our HINDU CULTURE, we cannot make any DHARMIC efforts to come under ONE UMBRELLA and fight for our cause. IV is one initiative, which is good but not enough, because do we get any help from our Indian Embassy or any Indian Organisation in America to support us, NEVER. this is because we DONOT LOOK UPTO OUR INNER VOICE AS HINDUS. I am not saying this to you in particular, I am referencing this as an INDIAN COMMUNITY. SO PLEASE NOTHING PERSONAL.

    every one of us is a GOOD PRACTISING HINDU BECAUSE WE LIVE LIFE WITH OUR DHARMIC VALUES AND PRINCIPLES. IT IS TIME TO COME TOGATHER AND IMPLEMENT THOSE VALUES AS A HINDU SOCIETY.

    thanks for your suggestion i really appreciate that.
    :)


    Ok all this Dharmic moralistic talk was highly unwanted.

    Congrats on the news and thanks for trying to be united.



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  • jsb
    01-05 12:59 PM
    I think as a next step I will contact my Congressman after the Feb dates are released and we are still current. Do you know if it makes more sense to approach Congressman or Senator for this ? Also should I approach only 1 rep like 1 Congressman or approach both my district congressman and 2 state senators ?
    We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
    Please share your experiences.

    Getting help from a Congressman may or may not help. The only difference is that processing center is obligated to reply within a specified limit. Most likely, if dates are outside advertised processing dates, they will send standard reply that your case is pending, or if by that time there is a retrogression (and your PD is not current any more), they will simply say that your PD is not current (they also attach a copy of latest bulletin). Sometimes they wait until retrogression happens, so that they can provide a convenient reply. That's what happened on Ombudsman's intervention in my case.





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  • willigetgc?
    07-09 12:45 PM
    Recently saw few of our members receiving green cards..... Congratulations to all of you.

    I hope that you will continue to come to the IV site, and help us folks still stuck in the process.

    In the meanwhile, please do share the reality that is still a dream to many of us...



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  • navyug
    02-12 05:31 PM
    Hi

    I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....

    Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...

    He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...

    Also, he seems to have closed his company..

    Folks please advice....

    Keep all email correspondences....You can infact make him pay dearly for harasement...





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  • axp817
    04-09 02:57 PM
    Receipting is not done by VO and the staff who do receipting follow certain procedures.

    USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.

    Files are distributed to different officers and they work on the files.

    Without a receipt number you cannot track your MTR.

    Talk to a very good Attorney on further course of action.

    I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.

    When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"

    Remember MTR = if USCIS makes a mistake - MTR costs $$
    Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.


    Does this mean that an MTR filed without the filing fee is automatically considered an appeal?



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  • bidhanc
    03-27 12:43 PM
    hi
    Are you going alone to Schumer's office?
    I am come along if you'd like.

    Varsha send me all the necessary docs. Let me know if I can assist in some way
    I just got a call from Schumer's office and they preponed the meeting
    with a staffer to 11th April 2:30pm.

    This is going to be in downtown Albany.
    I am not sure who all are up here in Albany but a head count would help.
    Or let me know who all will be available on the above mentioned date.
    For the time being I have told them 2 people will come with me.

    Tikka are you in Albany? Yes you can join me.

    Bidhan





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  • a1b2c3
    08-18 01:27 AM
    how does one know NC is cleared? do you see an update?



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  • greatguy
    11-13 09:20 AM
    I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:

    At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.

    I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.

    I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.

    I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.

    There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.

    The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.





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  • shreekhand
    04-29 04:36 PM
    One thing... one has to go to make real effors to make far-fetched connections between the elimination of US planes in the down-select of MMRCA and immigration!

    That said... on the topic of F-22, with the Sukhoi T-50 joint development, India is on the path to get a 5th generation fighter by 2017. So F-22 in the fray or not is irrelevant. The MMRCA RFP is for a different class of fighters.


    F-22's are not up for sale, how did you got that idea



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  • eb3retro
    04-16 01:04 PM
    Can anyone please give any advise/ideas on how to deal with this?

    Thanks.

    did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...





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  • chanduv23
    03-21 04:30 PM
    I spoke to a staff at Michael R. McNulty's office.
    He comes to Albany on weekends only.
    Rest of the time (5 days a week) he is in Washington.
    We can meet staff members any time betwenn 9 to 5 (no appointment required).

    Spoke to staff member at Schumer's office.
    He is not available for a meeting.
    Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
    I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
    We can change if this is not convenient.
    I am not sure if this is gonna help, as it is 2 weeks away.

    Please provide feedback.

    I will go home and review what can be done, tonight. Great, lets coordinate on this.

    Great we already have 4 members.



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  • qplearn
    12-12 01:28 PM
    EMPLOYMENT: Demand for numbers in the Employment Third “Other Workers” category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.

    Thanks for your post. It does look like EB2 India and EB3 Other Workers will remain where they are. The point to be noted is that EB3 India was not commented upon i.e. EB3 Other Workers is different from EB3 India or EB3 ROW. I don't want to commit the deadly sin of predicting but there is hope that EB3 India might move albeit slowly :p
    Yes that's true. Wonder why the "current" level of demand for EB2 India is higher than that for EB3 India.

    BTW, current for USCIS means you have to do significant travel in time backwards. :)





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  • mhtanim
    02-12 01:48 AM
    The first thing I would do is call the IRS and ask them for advice. You may call the IRS at 1-800-829-1040. Have the employer name and federal ID ready when you make the call.

    You can also file Form 4852 with the IRS which is a Substitute for Form W-2. Please check http://www.irs.gov/pub/irs-pdf/f4852.pdf

    IRS is usually very helpful. Call them up, they will help you.



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  • abhijitp
    01-13 05:18 PM
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  • dummgelauft
    11-11 05:29 PM
    Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.

    I am not underestimating the value of $300 per-year, but compared to the value that this is likely to drive, it is certainly an investment that can provide handsome returns.

    I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.

    In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.

    Thank YOU!!

    Dude, I have been sparring with Pappu and Starsun for quite some time now. IV needs to be a "Paying Members Only" organisation.
    Per some statistics regularly floating around here, IV has 40,000 odd members. A membership fee as small as $1/month!! ($12/year), will INSURE a steady flow of funds, that will make a HUGE difference.
    Even if 20,000 of that 40,000 run away due to the $12.00/yr subscription requirement, that still leaves IV with almost a QUARTER million dollars worth of cash at hand, . True, it wil lbe hard work to keep the membership numbers up, but think about it, a smaller, more focused organisation, with enough liquid cash, to be able to hold events, rallys, make campaign contributions etc......





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  • desi3933
    02-03 04:59 PM
    Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.

    Sheila -

    Please refer to this pdf from CA web site
    www.icai.org/resource_file/42prof.df.pdf

    CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.

    In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.


    __________________
    Not a legal advice.
    US Citizen of Indian Origin





    tabletpc
    09-24 12:13 PM
    u r PD is March 2006, when was it current...???

    In case u r GC got approved while u r PD was current then, sorry to say as for as my knwoledge goes, you may not have much option other than bringing u r spouse on F1/L1/H1.





    mailmy_gc
    10-29 02:58 PM
    Guys,

    On 100th Day !! I got CPO.
    Looks like GOD showd mercy on me.

    Thanks,
    Sri