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masterji08-21 01:24 PMThanks for the reply. If someone uses AP does he need to use EAD? Can anyone just apply for AP and not EAD?

You can enter on H1 on "deferred inspection" status. Google for deferred inspection for more details.



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sertasheep03-25 11:18 AM<EDIT>
added hyperlink to Enquiro Report
</EDIT>

Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.

I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.

**********************

Dear Mr. Rajaghatta, and Editor,

I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".

The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.

The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.

I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.

Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.

I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.

May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)

Best Regards

************


"Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?



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Laasya0501-22 05:10 PMNo you don't need to be on payroll before filing the PERM. That is what I did. GC can be applied for future employment.

so can we file LC perm with an employer while on H4 and move to H1 little bit later?

----------------------------
Contribute $320
signed up for monthly contribution $20

PD:-August 2003 (EB3)
LC approved
I-140 approved
I-485 did not file

Spouse on H4.



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greencardfever07-19 11:49 PMI'm in the same situation sundarpn and I've got the exact same 3 questions as you have. Could someone please answer them.

Thanks.

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dealsnet12-06 07:21 AMMy wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).

If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.

Thanks



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satishku_200008-23 03:23 PMReceived FP Notice in mail today

485 RD: Jul 2 2007
485 ND: Aug 7 2007
FP ND : Aug 14 2007
FP Date: Aug 28 2007

Is it from NSC or TSC

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ajaypr04-13 11:25 AMYou can open up an IRA account with any of the brokerage firms like Scottrade, Fidelity or Ameritrade. You usually open up an IRA account first on their website or by visiting their offices in your area. Then contact your company's 401K provider to transfer your 401K amount to the new account directly. They usually would sent you a check in the name of your brokerage firm like Fidelity.As far as I know the check cannot be in your name coz then the IRA would tax the 401k amount and also charge an early withdrawal penalty.So make sure they transfer it directly to the brokerage firm. If things are not clear, you can always contact the customer service of your brokerage firm to help you or walk you through.But I also found that many times the customer service people are not up to the mark and may even provide you with wrong advice. So its better you call several times and speak with different customer service people at the brokerage firm and verify all the information.

I personally did not like the fact that your company is forcing you to sell your stocks and mutual fund in your 401K account. This is bad as you may occur losses because of the bad market scenario.







Thanks gcisadawg.
I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
Thanks,



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uma00107-24 03:26 PMYes, it is better to delay it until economy picks up and unemployment rate goes down to 5%...otherwise he will get lot of queries. BTW nobody is willing to file green card at this time.

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GCapplicant02-01 07:57 PMWe had a similar problem during Dec 06 - Our bill came around 400 ...We reside in NJ...

We were surprised because we spent almost 20 days in Florida.

when we called our provider there wasn't much help ,they never accepted that it was a fault.

I immediately took a picture of my reading from the meter ,and gave copies to them and old bills of the last two years winter.

Then thet agreed not to charge for three months.

So check your meter...and previous bills usage ...for comparison...

But where were you at a stretch all those months??



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eb3_nepa08-10 04:52 PMGuys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

My PD was dec 2005. eb3. India.

Thought i would share with you all.:)

How is that even possible. How were you able to file with a Dec 2005 EB3 India PD in June 2007 when they were only accepting applications with PD of June 2003 for Eb3 India?????

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TheCanadian01-02 02:17 AMYa I might, it's so easy and I don't do a lot of serious coding anymore.

Now I wish I kept my late entries from FXP05 and rolled them over to this contest.



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gsc99906-15 03:06 PMits 11 digit the alien number on ur I94 card.
---

Sorry for a follow-up dumb question:

Is this the I-94 number on the H1-B visa or the I-94 departure number on the card attached with the Passport?

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like_watching_paint_dry01-13 08:33 PMHi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??

Your help is really appreicated to come out of the situation

You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.



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Blog Feeds06-25 01:20 AMVIA USCIS

Introduction

U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.* The proposal, posted to the*Federal Register (http://edocket.access.gpo.gov/2010/2010-13991.htm)*on June 11, 2010 for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.

Background

USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits.* The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities.* This proposed rule results from a comprehensive fee review begun in 2009.*********

USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low.* While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue.* A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.*

Highlights of 2010 Proposed Fee Rule

The proposed fee rule would increase the average application and petition fees by approximately 10 percent.

Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased.

The proposed rule would establish three new fees for:



Regional center designation under the Immigrant Investor Pilot Program (EB-5);
Individuals seeking civil surgeon designation; and
Recovery of the cost of processing immigrant visas granted by the Department of State.
The rule also proposes to adjust fees for the premium processing service.* This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.

The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs:



Petition for Alien Fianc� (Form I-129F);
Application to Extend/Change Nonimmigrant Status (Form I-539);
Application to Adjust Status From Temporary To Permanent Resident (Form I-698);
Application for Family Unity Benefits (Form I-817); and
Application for Replacement Naturalization/Citizenship Document (Form N-565).*
Current and Proposed Immigration Fees

Application/Petition Description*

Current Fees*

Proposed Fees

I-90 Application to Replace Permanent Resident Card

$290

$365

I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129 Petition for a Nonimmigrant worker $320 $325 I-129F Petition for Alien Fiance(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er) or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 *$290 I-600/600A Orphan Petitions $670 $720 I-687 Application for Status as a Temporary Resident $710 $1,130 I-690 Application for Waiver on Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision $545 $755 I-698 Application to Adjust Status From Temporary to Permanent Resident $1,370 $1,020 I-751 Petition to Remove Conditions on Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 Civil Surgeon Designation* *$0** $615 I-924 Application for Regional Center Under the Immigrant Investor Pilot Program *$0 $6,230 N-300 Application to File Declaration of Intention* $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/N-600K Naturalization Certificate Applications $460 *$600 Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612) $545 $585 Immigrant Visa* $0 $165 Biometric Services $80 $85






Last updated:06/09/2010





More... (http://ashwinsharma.com/2010/06/24/uscis-seeks-public-comment-on-proposal-to-adjust-fees-for-immigration-benefits-fact-sheet.aspx?ref=rss)

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vallabhu05-29 10:21 PMCheck with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status

try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.



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BharatPremi03-11 02:17 PMPerson "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.

1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?

You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you:p:)

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Krilnon01-21 09:50 PMOkay, it turns out that my super-cool way of doing it would be more time-consuming than I thought. :P

Anyway, here is a less-cool HTML page with a list of them all: http://reclipse.net/kirupa/fxpression09/entries.html

Edit: In case you're wondering, glosrfc, I just used the first SWF in your Wormy Circles entry because all of the other entries only had one SWF.



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sapota11-14 09:11 PMHello all IV members,

I was wondering, the 7% green card allotment for each country, can than be considered as racial discrimination? I mean a law suit against USCIS for discriminating against skilled workers.

A question for all you, what do you think is going to happen? will EB2 move fast in next few months, I don't understand how can U.S govt play will all our lives? We all have some personal decisions on hold,


Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country

how about holding another DC rally?

We have to do some big about all this crap!

I am not sure it can be argued as discrimination. All countries equally have the 7% cap. UK, Norway, Germany, Sweden, China, India, South Africa.....Just so happens that lot more applicants from India, China, Mexico, philipines.



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GCBy300002-07 09:54 AMYou are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.

If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.

Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.

It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.



ampudhukode06-17 02:08 PMA friend of mine had used it twice before his approval came last June.



lakshman.easwaran07-25 11:44 AMAnybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

May I know the implications of this? What all are the possibilities ? Will they reject the application?

If I remember correctly, I signed only one form for 140 and that was G-28, I believe. I did not sign actual 140 form...for sure. My 140 petition was accepted on July 10 and received 797 receipt on July 16. BTW, mine was not Labor substitution.