Sunday, June 19, 2011

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  • LostInGCProcess
    09-19 04:35 PM
    1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed

    2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?

    PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!

    There is no such thing as "invoking" AC21. Its a law. Most important thing is, your I-140 must have been approved and I-485 is pending for more then 180 days....you are Free to sail in the same or similar field.

    Forget about option 2.





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  • smisachu
    11-03 10:17 PM
    Check ICICI. I think it is called a NRE account. You can fund it in Dollars and Rupees and it could be repatriated in Dollars. So just open the account and have them deposit the monies India, you can draw it here. This kind of account is for NRI's who earn an income in India and want to access it here.
    There is a limit I think but it must be like $25K..

    Good Luck


    Dude,
    I am facing same issue....need to get some money back from India....and there is no way i can get it officially without losing significant part of it. It is really illogical to send money to India for property investment just because we cannot get money back.....I am repenting doing that....

    Whenever I ask my friends to do this favor to me.....all they say is they dont have money to send India (since they dont want to disclose their worth to me) or they dont want to send money to India since they know it is useless to send money at such a bad conversion rate.

    If you can find some better way, let me know too.





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  • shimul99
    08-22 10:58 PM
    I'm from Bangladesh and applied for my I485 in july 2, 2007 and already received my receipt and the fingerprint appointment letter. can anyone please let me know when can i expect my process to be done.....





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  • GCHPLC
    12-11 12:27 PM
    Maybe you should request to send an e-mail on place. This is what we did.



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  • pappu
    10-16 10:10 AM
    If you marry a girl after geting greencard you have to wait 5 years to bring her to US. So better yet, marry after you get citizenship :D which might be when you are ready to collect your social security
    :D
    Good to see some light hearted comments to help uplift our moods in the gloomy greencard situation.





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  • franklin
    04-26 08:50 PM
    Great job guys! Keep up the good work. The article has given much needed exposure to the problems of Employment Based Green Card Process and the plight of skilled workers from India and China. I am really happy that ImmigrationVoice has taken this endenvor and are pursuing it so professionally. I am going ahead and contributing $200 for the efforts.

    All the Best
    asp

    I would like to point out that it is not just skilled workers from India and China that are affected.



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  • desi3933
    06-24 10:29 PM
    desi3933,

    May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?

    the following are desi3933's comments:
    - sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
    - desi3933: 3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.

    Yes, there is a distinction between if the I-94 date has expired, or if it is valid

    Sertasheep -

    Here is a link that has details about both both Out of Status and Unlawful Presence. Please note that 3/10 year ban applies only for Unlawful Presence case only.

    http://www.immigrationlinks.com/news/news729.htm

    As per memo -
    Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:
    * when the date on the I-94 (or any extension) has passed, or
    * if INS or an IJ makes a finding of a status violation, whichever comes first.



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

    desi3933 at gmail.com





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  • Lasantha
    08-22 02:21 PM
    My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...

    Does anyone know what the legislation is?

    I don't think so. Your PD is still relevent. Only those people whose PD is current will get their GCs no matter what the RD is.



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  • windingroad
    02-24 06:15 PM
    I just made a contribution ...

    IV team has done a great job in two months ... keep it going.





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  • Green_Always
    12-31 09:05 PM
    I have decided to give a break to these pain in the rear issues ...atleast for today and tomorrow. F***k this... Come what may... I will have a blast next 2 days :p

    Wish you all a very happy new year 2011 and may every one cross the ocean of this GC torture system this new year !!



    This is what we wanted to see from you.... :-)

    Wishing you all A Happy New Year 2011

    Me and My Family were Stuck on Interstate I-140 and later on Interstate I-485 < ran out of gas many times >



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  • rkay
    06-03 12:25 PM
    Then why do you want to stay here. Just move out.
    When did you start owning America ? Can I see the deed please ?





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  • gc28262
    04-14 09:26 PM
    Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.

    Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.

    It is safer to be on EAD when you are without job. You don't have to be working on EAD as long as you have a valid job offer at the time of I485 adjudication as GC is for a future job.

    Even on H1B ,taking leave without pay during pregnancy does not cause you any status issue.

    See the following link
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.



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  • EkAurAaya
    10-10 03:06 PM
    My folks are here visiting... so it will be difficult for me to attend... but i will try





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  • lord_labaku
    06-09 07:32 PM
    One of my co-workers started me with a gun range membership...you can even find ones that dont require membership...just show ur drivers license and rent guns from the range & dont worry about carry permits...etc etc

    Its the best way to enjoy shooting & the less expensive way too. Ever since Obama was gonna be in power...firearms & ammo prices have been going up.

    But .22LR (best caliber for beginners) is still the cheapest...

    - If you outlaw guns, only outlaws will carry guns-



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  • Marphad
    03-17 04:15 PM
    I think is IP banned and he no longer able to access the IV.
    Thats I read in his forum...

    Banning IP is not a good idea. If you are sitting in a company, for all people, outside world will get the same IP.





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  • arunmurthy
    09-14 02:30 AM
    Nope, I am with you :)......

    PD: Nov. 10th, 2005
    Escrow Closing Date: Oct 20th, 2005!!!!

    I still own and live in the house :)


    I think it is a stupidity to own a house while working. Dont join the rat race.
    One should start a business and have some source of income that can pay
    for mortgage than budgetting within your monthly salary.
    Dont give me reds but I know that is the smarter way.



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  • coopheal
    10-07 12:21 AM
    I second this. It will take 1 more year for USCIS just to come out of 2001 for EB3 I unless 5882 passes!

    What should be our next steps? How do we go to public media with big bang?





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  • lazycis
    12-11 02:57 PM
    Send email to who ? Can you pls describe in detail what email they need to send and what reason they need to put in. My local office always says NSC is processing July cases so you should have it soon, but that "soon" has never happened. It is 160+ days since I applied.

    If you haven't tried it yet, try to follow the procedure I described on the 1st page
    http://immigrationvoice.org/forum/showpost.php?p=199646&postcount=3

    The only reason you need is that yor EAD app is pending more than 90 days. Ask for a receipt that they followed procedures outlined in memo. They have to contact service center where your I-765 is pending and request expedite processing. You can also print federal regulations
    http://a257.g.akamaitech.net/7/257/2422/26mar20071500/edocket.access.gpo.gov/cfr_2007/janqtr/pdf/8cfr274a.13.pdf

    Section 274a.13(d) sets that 90 days deadline.





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  • needGCcool
    07-25 12:44 PM
    Yes, I called them and they said the process would generally take 30-40 days. They said, keep checking if your checks have cashed... I read in 1 message board some one posted that checks are cashed on Thursday............so tomorrow is a Thursday :D

    Any body called NSC reg. the fate of July 2 filers !!!!





    aviko21
    11-04 09:24 PM
    A bank wire from any bank in India is the simplest and cheapest way for you if you don;t have or need an nre/nro a/c. The limit has or is being raised to $200,000 from $100,000.

    Also for tax purposes in USA, you can get a gift of $200,000 from your parents and upto $12000 anually from other people without a tax incident up here.(completely unrelated info to your current wire)
    Also u can wire from any bank in India.

    One simple suggestion which is less comlicated than all those above.
    BTW you don't need rbi clearance.
    You can send an overseas wire from india through your bank a/c where the cost would be minimal( only exchange rate diff and cost of wire($25-50).

    Your parents can safely gift you $100,000 a year. Your bank only would need a letter from them saying its a gift.

    I have tried this to repatriate my assets and it works all the time.

    No need to open nre or nro a/c or anything.
    ps. don;t entertain any solicitation on this site for reverse hawala or anyhthing as you don;t know who will cheat you!
    just my 2 cents





    Karthikthiru
    10-05 02:51 PM
    Did my share of it. Sent an e-mail to the editor

    Thanks
    karthik