gc03
08-15 03:35 PM
Hello GCwaitforever,
This should be a solution to the problem. Submit the approved EB-3 I-140 petition with EB-2 I-140 petition.
"The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition."
Could you explain more? How above works?
This should be a solution to the problem. Submit the approved EB-3 I-140 petition with EB-2 I-140 petition.
"The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition."
Could you explain more? How above works?
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franklin
02-08 04:03 PM
Love to take the poll, but it is excluding all but a section of members - you take it for granted that this is an Indian only forum and organization
indyanguy
02-23 06:37 PM
I already finished 14month 8days and still pending in NSC
14 months 8 days!!! I am already getting frustrated after waiting for 7 months (NSC) :mad::mad::mad:
14 months 8 days!!! I am already getting frustrated after waiting for 7 months (NSC) :mad::mad::mad:
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wandmaker
02-18 06:29 PM
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
If you could post some official documentation that would help rajesh1972
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
If you could post some official documentation that would help rajesh1972
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c9411010
08-04 03:29 PM
guys many of us are considering going back to india.. any idea on whether those who have 40 credits will be eligible for social security from india...
also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..
also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..
sumansk
07-16 06:49 PM
AILA/AILF please do some good work other than chiding for spreading rumours.I beleive IV and their internal contacts..and totally beleive this infor from LOGICBHAI...
I suggest AILA does some really good work for the legal guys....
I suggest AILA does some really good work for the legal guys....
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walking_dude
11-25 05:46 PM
Done.
You are doing great...Please keep up the good work...
also, add item 6 to our wish list..
6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.
Good work, but small modification.
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
You are doing great...Please keep up the good work...
also, add item 6 to our wish list..
6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.
Good work, but small modification.
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
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Queen Josephine
May 23rd, 2005, 07:38 PM
Bob, Exmoor I'm saving for a vacation trip (considering it would take me a day to just get there!)
Now Red Rock, well, I can do that in a day! (Actually, I have been there before and I can tell you those rocks are enormous)
Now Red Rock, well, I can do that in a day! (Actually, I have been there before and I can tell you those rocks are enormous)
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bluekayal
02-25 05:21 AM
I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..
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vin13
07-01 02:10 PM
I am not sure if this is what you are looking for...please check this. It says someone on "Parole" may be eligible non-citizen.
Source:Completing the FAFSA 07-08/The Application Questions(14-31) (http://studentaid.ed.gov/students/publications/completing_fafsa/2007_2008/ques2-1.html)
Citizenship status. You can receive federal student financial aid only if you are a U.S. citizen or an eligible noncitizen. If you have changed from a noncitizen to a citizen and have not informed the SSA, contact the SSA to update your status. Otherwise, the SSA may report that you are not a citizen, and you will have to provide citizenship documentation before receiving aid.
For financial aid purposes, an eligible noncitizen is one of the following:
A U.S. permanent resident who has a Permanent Resident Card (I-551 or I-151)
A conditional permanent resident (I-551C)
A noncitizen with an Arrival-Departure Record (I-94) from the Department of Homeland Security (DHS) (specifically, the U.S. Citizenship and Immigration Services) showing any one of the following designations: "Refugee," "Asylum Granted," "Parole" (the I-94 must confirm 'paroled for a minimum of 1-year and status' has not expired), or "Cuban-Haitian Entrant"
If you are neither a citizen nor an eligible noncitizen, you are not eligible for federal student aid; for example, you are not eligible if you are in the U.S. on one of the following:
An F-1, F-2, or M-1 student visa
A J-1 or J-2 exchange visitor visa
A B-1 or B-2 visitor visa
A G series visa (pertaining to international organizations)
An H series or L series visa (allowing temporary employment in the U.S.)
A "Notice of Approval to Apply for Permanent Residence" (I-171 or I-464)
An I-94 stamped "Temporary Protected Status"
However, you may be eligible for state or institutional aid and may therefore wish to complete the FAFSA to apply for that aid. If you are completing a paper FAFSA, fill in oval C. On FAFSA on the Web, indicate that you are not a citizen by using the drop down menu. Please note, however, that if you do not have a Social Security number, the processor will not process your FAFSA. If you are in this situation, you should contact your school for information on how to proceed.
Source:Completing the FAFSA 07-08/The Application Questions(14-31) (http://studentaid.ed.gov/students/publications/completing_fafsa/2007_2008/ques2-1.html)
Citizenship status. You can receive federal student financial aid only if you are a U.S. citizen or an eligible noncitizen. If you have changed from a noncitizen to a citizen and have not informed the SSA, contact the SSA to update your status. Otherwise, the SSA may report that you are not a citizen, and you will have to provide citizenship documentation before receiving aid.
For financial aid purposes, an eligible noncitizen is one of the following:
A U.S. permanent resident who has a Permanent Resident Card (I-551 or I-151)
A conditional permanent resident (I-551C)
A noncitizen with an Arrival-Departure Record (I-94) from the Department of Homeland Security (DHS) (specifically, the U.S. Citizenship and Immigration Services) showing any one of the following designations: "Refugee," "Asylum Granted," "Parole" (the I-94 must confirm 'paroled for a minimum of 1-year and status' has not expired), or "Cuban-Haitian Entrant"
If you are neither a citizen nor an eligible noncitizen, you are not eligible for federal student aid; for example, you are not eligible if you are in the U.S. on one of the following:
An F-1, F-2, or M-1 student visa
A J-1 or J-2 exchange visitor visa
A B-1 or B-2 visitor visa
A G series visa (pertaining to international organizations)
An H series or L series visa (allowing temporary employment in the U.S.)
A "Notice of Approval to Apply for Permanent Residence" (I-171 or I-464)
An I-94 stamped "Temporary Protected Status"
However, you may be eligible for state or institutional aid and may therefore wish to complete the FAFSA to apply for that aid. If you are completing a paper FAFSA, fill in oval C. On FAFSA on the Web, indicate that you are not a citizen by using the drop down menu. Please note, however, that if you do not have a Social Security number, the processor will not process your FAFSA. If you are in this situation, you should contact your school for information on how to proceed.
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gcformeornot
04-07 01:27 PM
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
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9411b
03-06 12:56 PM
You are not alone.
We have the same problem.
EAD applied in July 07, EAD card received in Oct 07 and the card was made expired 01/01/07 by WAC.
Called USCIS hotline, tried new applications with WAC, TSC and Info pass, still waiting if WAC is going to correct its own mess.
Big headache.
Good luck everyone.
J
PS. concurrently filing with NSC then moved to WAC then to TSC. Now pending!!!!:(:(
We have the same problem.
EAD applied in July 07, EAD card received in Oct 07 and the card was made expired 01/01/07 by WAC.
Called USCIS hotline, tried new applications with WAC, TSC and Info pass, still waiting if WAC is going to correct its own mess.
Big headache.
Good luck everyone.
J
PS. concurrently filing with NSC then moved to WAC then to TSC. Now pending!!!!:(:(
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mjULTRA
05-27 06:42 PM
i voted for golgi, cuz it had a theme, but festers site deserves an honorable mention.
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GCDream
02-20 08:12 PM
Here is what I have after analyzing the FLC Data Center MDB files
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
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jediknight
10-12 12:00 PM
Lou Dobbs� Next Home: Fox Business? (http://mediadecoder.blogs.nytimes.com/2009/10/12/lou-dobbs-next-home-fox-business/)
Fox can keep him along with their other crazies :-)
Fox can keep him along with their other crazies :-)
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wandmaker
05-14 02:19 PM
This is not a joke, we have received this querry, and are seeking some helpful advice.
If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.
If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.
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nixstor
01-17 04:07 PM
There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms).
Aren't 1040, 1040 NR, 1040NR EZ different forms?
OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.
www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.
The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.
Aren't 1040, 1040 NR, 1040NR EZ different forms?
OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.
www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.
The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.
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dixie
09-19 04:06 PM
We should just be asking for relief on waiting times, ability to travel freely, and change jobs.
Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.
I do agree that increasing visa numbers does not make good PR for our cause.
But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.
However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.
Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.
I do agree that increasing visa numbers does not make good PR for our cause.
But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.
However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.
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akhilmahajan
11-15 02:34 PM
Is there any possibility of organizing a statewide charity drive sponsored by IV state chapters during the holiday season. This is the season of giving. Why not organize it through IV state chapters. Proceeds can be donated to charities as suggested by donors. We can target
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
The whole idea is to get people understand and above all accept the problem.
If people can accept the problem and come out willing to find out a solution, then anything can be done.
This is a good time to meet eh lawmakers as they will be coming back for the thanksgiving break. we can highlight our issue.
We can also help in setting up law maker meetings. Folks please contact your state chapters. People are waiting top help you, but if you dont decide to help yourself, then no one can help you.
Think about it.
GO IV GO. TOGTHER WE CAN.
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
The whole idea is to get people understand and above all accept the problem.
If people can accept the problem and come out willing to find out a solution, then anything can be done.
This is a good time to meet eh lawmakers as they will be coming back for the thanksgiving break. we can highlight our issue.
We can also help in setting up law maker meetings. Folks please contact your state chapters. People are waiting top help you, but if you dont decide to help yourself, then no one can help you.
Think about it.
GO IV GO. TOGTHER WE CAN.
Ruth B
02-19 11:30 AM
I need your help. I am currently under "adjustment of status" through employment but I have not received my green card yet. I already received EAD and advance parole last December/07. I left my studies at the college since then. I am not in F1 status anymore.
I have D/S on my I-94. I am wondering, what would I need to do if my F1 visa stamp expired on July 13/2000? I am planning to travel to my native country for the first time since I got here in 1999. I have remained in legal status during all this time by taking classes at the college. Do I need to get a visa stamp at the embassy back home?
Can I travel while my green card is pending? I�m just trying to make sure I�m doing the right thing here. I don�t want to make a mistake that will affect the outcome of my green card, not to mention my safe return to the U.S. Thanks in advance for your help.
I have D/S on my I-94. I am wondering, what would I need to do if my F1 visa stamp expired on July 13/2000? I am planning to travel to my native country for the first time since I got here in 1999. I have remained in legal status during all this time by taking classes at the college. Do I need to get a visa stamp at the embassy back home?
Can I travel while my green card is pending? I�m just trying to make sure I�m doing the right thing here. I don�t want to make a mistake that will affect the outcome of my green card, not to mention my safe return to the U.S. Thanks in advance for your help.
CADude
03-19 11:24 PM
I talk to USCIS CC/IO last week. She told me that it will take approx 90 days to assign my case to AO. So my case is still getting dust on room and not with officer. It's sucks but wait continue...
PD: July 2001 (EB-3 India)
RD: July 2nd 2007
ND: Oct 10th 2007
I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)
I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.
PD: July 2001 (EB-3 India)
RD: July 2nd 2007
ND: Oct 10th 2007
I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)
I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.
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