Wednesday, June 8, 2011

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  • tinuverma
    11-09 10:18 PM
    NKAVJS, thanks for the response.
    I know what to do now





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  • newhandle
    03-05 05:52 PM
    What I'm going to tell you to do is illegal. So do it at your own risk.

    I don't think USCIS is ever going to find out about your income unless you disclose it.

    Not filing tax returns is illegal no matter how small the income is. 5k is definitely big enough. I think you should go ahead and file tax returns atleast for 2009, so that you won't get into trouble with the IRS.

    This is just my opinion.

    My SSN and EID is tied to my business. I'm sure CIS has means to find out if they wanted to. Any other suggestions that don't involve lieing?





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  • eastindia
    05-14 02:57 PM
    Any idea what Tech firms are doing to help CIR?





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  • Blog Feeds
    10-30 12:30 PM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEizjFtVKFcTPC6GKtdGPHBYPTBbmGyqxH2zPqb63F_PwYWNVeSN0ctHJOOkK8_-a50o-gAJGnnyngtNeSdqZS75JaWFtWtERIKuD5E9mI01Ysb299oBNosu_luknnahfQvbyDUDGw_o0ijP/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEizjFtVKFcTPC6GKtdGPHBYPTBbmGyqxH2zPqb63F_PwYWNVeSN0ctHJOOkK8_-a50o-gAJGnnyngtNeSdqZS75JaWFtWtERIKuD5E9mI01Ysb299oBNosu_luknnahfQvbyDUDGw_o0ijP/s1600-h/uscisLogo.gif)

    USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."



    The Fact Sheet explains that "public charge" means

    an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

    The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":



    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

    Children's Health Insurance Program (CHIP)
    Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
    Housing benefits
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
    Non cash benefits under TANF such as subsidized child care or transit subsidies
    Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
    Unemployment compensation is also not considered for public charge purposes.
    https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)



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  • sunsuri
    08-02 11:52 AM
    I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

    So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

    I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.





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  • Funky_Monkey
    09-10 11:32 PM
    Hi, I have a quite strange situation here:

    I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

    I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

    The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

    Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

    Thanks for all you comments.



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  • sri1309
    01-10 10:51 AM
    Hi ALL,

    Here is idea. It can happen to you next week, sorry, but its possible.

    Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
    What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.

    I know some of us are unfortunate to be in the situation, not me, but who knows??.

    So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
    Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
    Sorry if I sound depressing, but lets act before its too late..





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  • dpp
    06-27 11:41 AM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.

    You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.



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  • GCcomesoon
    09-26 12:44 PM
    hermione,

    How to know if name check has been done. Is there a number to call to confirm NC clearance?.

    We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know

    Hi

    I read that you have called FBI to know about the name check status.Whats thier contact no ?What inputs do they ask to get your case status ?

    Let everyone know

    Thanks
    GCcomesoon





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  • franklin
    09-05 05:04 PM
    Retrogression affects ALL countries. ROW EB3 has been retrogressed for some time.

    Please be careful to not spread misconceptions about who is, or is not, affected.



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  • senthil1
    03-02 10:18 AM
    It doesn't matter. In 2008 total new h1b is around 125k and L1 is 84K. total exodus is nowhere near to total incoming persons.

    Source:
    http://www.rediff.com/money/2009/mar/02bcrisis-100000-pros-may-return-to-india-from-us.htm


    100,000 pros may return to India from US


    As economic downturn continues to grip the United States, as many as 100,000 highly skilled Indians -- and as many Chinese -- may return home over next three to five years, which will boost the economies and competitiveness of both the emerging Asian nations.

    The reverse immigration could end up as a big loss to the US, which has so far relied heavily on the immigrants to give it a technological edge over the rest of the world, according to a study conducted by Indian-American Vivek Wadhwa and released by the Ewing Marion Kauffman Foundation.

    The majority of these Western-educated, skilled and talented young Indian and Chinese professionals are planning to start new ventures, says the report released on Monday.

    Much before the American economic slowdown, a large number of these professionals had already begun returning home lured apparently by prospects of a better future back home.

    It also indicates that placing limits on foreign workers in the US is not the answer to its rising unemployment rate and may undermine efforts to spur technological innovation.

    "A substantial number of highly skilled immigrants have started returning to their home countries in recent years, draining a key source of brain power and innovation," said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.

    Based on a six month survey of 1,203 Indian and Chinese who went back home, the report finds though restrictive immigration policies caused some returnees to depart the US, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.

    "There are no hard numbers available on how many have returned, but anecdotal evidence shows that this is in the tens of thousands," said Wadhwa, executive-in-residence for Pratt School of Engineering at Duke University.

    Wadhwa is also a fellow at the Labour and Work life Programme at Harvard Law School and is a BusinessWeek columnist.

    "With the economic downturn, my guess is that we'll have over 100,000 Indians and as many Chinese return home over the next 3-5 years. This flood of western educated and skilled talent will greatly boost the economies of India and China and strengthen their competitiveness," he said.

    India is already becoming a global hub for R&D. This will allow it to branch into many new areas and will accelerate the trend, Wadhwa said.

    The report reveals that family considerations are strong magnets pulling immigrants back to their home countries. Care for aging parents was considered by 89.4 per cent of Indians and 79.1 per cent of Chinese respondents to be much better in their home countries, says the 24-page report.





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  • desi3933
    06-27 11:47 AM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.

    EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • gchetna
    09-08 05:44 PM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.





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  • lkrastogi
    07-16 11:08 PM
    My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?



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  • ras
    10-25 10:20 PM
    ^^





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  • Maverick_2008
    03-17 03:22 PM
    If the doctor's office can give you claim codes, fine. Otherwise, you gotta do it yourself. Just submit the invoice copies with a good cover letter (explaining what it is). I did it with my insurance company and it went through smoothly. They treated our immigration medical exams as usual annual physical exams which are fully covered. Immunizations (i.e., vaccinations) are fully covered as well.

    Maverick_2008


    did anyone get reimbursed for the medical exams - physicals and vaccinations?
    i am having a hard time getting my provider submit the claims to the insurance company.



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  • sidd_k2002
    02-11 05:35 PM
    No i dont have any brothers or sisters. I am the alone child of my parents.





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  • panky72
    08-03 01:23 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.

    Pardon my ignorance but how do I hyperlink "contributing to immigrationvoice" part of the signature to the contribution page in IV. I am not from IT field as many of you would have already guessed:)





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  • dixie
    08-22 02:07 AM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.


    See page 3 on this:
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

    If per country limit of 7% stays, how much relief would it bring in terms of
    priority dates for India/China born individuals?

    I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

    Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

    Am I getting too pessimistic?





    murali77
    09-16 03:10 AM
    What does this mean ?
    "Our electronic records show that your application is with the adjudications officer for review."

    EB2
    PD JAN-06(NSC)
    Thanks





    danila
    07-27 07:45 AM
    Part 6 , Processing Information On Page8 of I-765 Instructions states =>
    "Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."

    Notice that Interim EAD is for ASYLUM Applicants.

    Not true. It is 30 days for the asylum based apps and 90 days for the rest.



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