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  • nk2006
    12-01 11:27 AM
    6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)

    You can actually use the educational investment money outside USA also (atleast in some schemes). Also its not completely shut out - if you prefer to take the money outside of 529plans for other than educational purposes - you can do that but have to pay penalty just like early cash out of 401k.

    Yes all these add to extra hassles a non-immigrant has to go thru even for as simple thing as saving money for kids education.





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  • sbabunle
    01-31 10:24 PM
    Sadly so... Even saddest part is that many of them dont know about
    it. Any many who knows don't put a fight either...See the result of monthly
    campaigns....

    Retrogession and PD not current is a Modern form of Slavery... We are Highly Educated, Law Abiding, Tax Paying Slaves to this broken immigration system





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  • GCInThisLife
    07-19 02:21 PM
    You are still with in 180 days window of being out of status.

    This discussion scared me now.

    I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.

    The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.

    AM I IN PROBLEM?

    Please comment and give me hope.





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  • pom
    02-10 03:09 PM
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  • speddi
    05-05 02:56 PM
    Hi,
    Here is my situation:

    Company A:
    EB2 PD Aug 2006
    140 Approved
    485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
    Still working with Company A and intend to work with them for another couple of years.

    Company B:
    EB2 PD Nov 2005 (Substitution labor)
    140 Approved.



    Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
    I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
    Do I need any kind of document from Company B like employment letter in future ?
    Does the PD need to be current to interfile?
    Do I need to work for Company B?
    Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
    I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
    How would I know that interfiling process completed successfully?
    If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
    If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?


    Thank you everyone..





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  • ca_immigrant
    06-01 08:16 PM
    2 votes for me and my spouse.

    also sent it to a couple of friends for thier vote..

    one more note...last night it was at around 500 votes...now it is at almost 1300

    if something comes out of it great,,,,-:)
    if nothing then nothing to loose.



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  • siravi
    11-08 04:09 PM
    I had an infopass appointment in NY to get information on my case (specifically concerning the FP/Name check status, have received my EAD, AP). Although the officer was very courteous and seemed patient, he thought I had come there too soon for the inquiry. I got very sketchy information. He said one should wait at least 6 months after the 485 RD (mine is June 2007) before beginning inquiry (shoot me, I went a month too soon), and that it usually it takes a year (or more) after FP to get the GC, so I should not worry too much about my case for at least one more year.

    He said there is nothing to worry about and that there are “many small small things” that have to be taken care of after FP and FBI name check clearance before one gets the GC. I asked him what are the other “things” that need to be taken care of following the clearance on name check, but didn’t get an answer (“just small small things” is what he said again). I had to repeat my question about the status of FBI name check on my case three times during the conversation before I got an answer which was vague anyways (nothing’s been done yet). I was hoping to get some kind of information with regards to the status in terms of the search results (no record/hit etc.) but I didn’t get any information at all, so it was a disappointing meeting for me.

    Some pointers:

    *Have your print out of the appointment confirmation ready before you enter the building-the security officer outside the building checks it to verify that you indeed have an appointment there.
    *The queue at the entrance for security check was long, so make sure you reach there well ahead of the scheduled appointment.
    *There is one more counter in the lobby (and one more queue) where you get your token number for the infopass room. They asked to see the appointment confirmation receipt here as well.
    *The infopass interviews are held on the third floor. I waited for 30-35 mts. before my number was called.

    P.S. Received EAD card at home address and AP documents at the law firm address.





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  • sujan_vatrapu
    10-28 04:03 PM
    Sujan vatarapu you are a baby here. you just believe what ever supereme court says! it is influenced by politicians, and the so called minority community in India. So if you dont know dont argue. I never said anything -ve about athiest, I said they are denying themselves by claiming as an atheist. that is about it. When you point a finger three of your own fingers are pointing towards you Please understand that.

    exactly and it applies more to you because if someone does not agree with your opinion thats what you do, wherz the proof that supreme court is influenced by minorities? you are totally out of touch with reality and u probably are struck with 70s/80s mentality, no point in arguing with you,



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  • shana04
    02-13 12:23 PM
    Here is my scenario:

    My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.

    Thanks

    To my know it should start from jun 05





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  • little_willy
    08-07 06:06 PM
    I hope you are talking to an attorney regarding your situation, do not rely on forum information alone.

    AFAIK, H-1 or F-1 for your future wife appears to be the best bet. Good Luck!



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  • jonty_11
    07-27 05:29 PM
    we will be in uncertainity until we get GC in hand ..........as they say it.

    So support IV;s action items and get a legislation passed rather then waitin goutside ur doorstep for 485 receipt....then EAD then AP....and .................what not





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  • gcgreen
    08-15 12:49 PM
    my non-lawyerly suggestion: do not file ac21 until well into whichever job you takel

    I have read on various forums that there is no necessity to notify unless there is an RFE, but to maintain appropriate evidence at all times. you may want to consider doing that until you are well settled in whichever job you take.

    by the way, what is your PD?
    hope this helps.

    I have a pending AOS (I-485) application
    filed by my previous employer (company A). The I-140 is approved and is well
    past 180 days. I moved from company A to company B in late April
    2008. They did an H1 transfer and filed for AOS portability under
    AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
    be filed). Just before I moved, I got another offer from company D
    (which I believe best fits my long term career interests). I would've
    avoided the hop to company C had I not given the notice to leave at
    Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
    been at company C for 4 weeks now.

    Question:
    Should company C file an AC21? Since there is already an AC21 on file (by
    company B) and if I will move to company D, can I reduce one additional AC21
    filing? This is just so that there aren't 3 Ac21s filed and to avoid
    making me look frivolous. Please advice. If its safer to file it, I
    can request an AC21 filing soon from company C.



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  • hari-patti
    07-23 08:46 PM
    Hi
    Could anyone guide me on this.
    What does "class" mean when filing for e-file AP?
    thanks





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  • gveerab
    12-29 05:39 PM
    You cannot change employer and keep I-140 if you have not filed I-485 yet. You will have to start the GC process anew if you change the jobs now. So wait untill you apply for I-485. Wait 180 more days after that and you are free to change jobs if your new job is same or similar to your current job.


    As you started your GC just now, it's OK to switch the employer and start the GC process once again. If your new employer is ready to start GC process and ready to offer good package, go ahead and take. Don't even think about any other things. If you have to pay for your GC, you need to work on the pros,cons and expenses.

    As the dates retrogressed so badly, there will not be any difference if your PD changes by couple of months.



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  • gcwait2007
    03-26 08:44 AM
    Thanks. Yes, that I certainly will have to do that. Any other areas need to be taken care of such as proof of financial audit reports for EB2 filer ? Or any other things...?

    Mine is getting into a scenario similar to your case!! Can you please update me what is happening in your inter-filing scenario? Thanks in advance.





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  • met3259
    05-25 12:27 PM
    I was born and lived in Canada for 35 yars - I know what I am talking about.

    First of all - people on umemployment insurance in Canada are counted in the unemployment rate - where ever you got your information from is wrong.

    Second - yes there is racism, I am very sad to say, but I can assure you, that "for the most part", it pales in comparison to any spot in the USA.

    Third - Health Care is not "Free" - you pay higher taxes there, and the government puts it back into the people (vs military in USA). You will not go bankrupt and loose your house if you (or your kids) get sick.

    Fourth - You can live a great comfortable life in Canada. As someone else said, it ranks between 1 & 3 usually every year when the US rates countries based on healthcare, education, standard of living, ...


    Fifth - My brother in law is a Neurologist from Mexico (married my sister), yes he worked for less than Canadian Dr.'s pay rate - BUT, his qualifications where not up to Canadian standards. He worked hard for many years to pass Canadian standard tests. Unfortunaely (or fortunately), OVERALL, Canadian standards are much higher than anything in the USA. We do not have half baked "colleges" where people who can not find their way out of a paper bag graduate from. You must pass these standards/tests/etc...


    Sixth - the overall education level in Canada is much higher than in the USA. We do not have the "ghettos" as in the USA. High school graduation is the norm, not the exception.

    Seventh - the Canadian educaitonal system ranked 7th in the world last year. The USA ranked 28th. Again, the standards and expectations are higher up there. http://www.pisa.gc.ca/81-590-xie2004001.pdf#search='PISA%20results'


    OK - why am I going through US immigration if I love my home - W E A T H E R. I hate the cold - I now live in the LA area. Also, I belive if you have the correct skills, you can live a higher standard of living in the USA, if you measure in terms of materialistic goods only, and are imployed with benefits to ensure you are taken care of if you get sick.


    Conclusion - Canada is a beautiful country. I would encourage all highly educated, good people from anywhere in the world to move there.

    PS - be very careful of "false" info. E.G. - George W. Bush talked about the Canadian pharmacies supplying drugs to Americans. At one point he said that "we don't know how safe" the drugs are. Then, a few months later when flu shots were in short supply, he said " we'll get it from Canada".



    Canada has the stupidest immigration policy from the standpoint of policy maker if you ask me.

    Dont get me wrong. It works great for us. For the immigrant. You get greencard on an independent petition(self-petition) and adjudicated based on points. And there is no numerical cap.

    Guess what? It works great for everyone in the world, everyone has flocked there and caused and over supply of labor and 9% or higher unemployment. The way they count unemployment is also very Enron-like. They dont count people receiving unemployment benefits as unemployed. And then Jim Volpe will post on website "Canada has unemployment rate of 5-6%".

    Anyways, if you want to immigrate to a country, you want to go where there is low unemployment. That is the biggest criteria for choice. USA's system HAS HUGE FLAWS. The employer petition-system creates a breeding ground for exploitation and the numerical cap is too low that results in delays that are unbearable. And yes, the DOL has come really close to making people commit suicide because of labor backlogs. But then, only the employer petition system can actually give greencards to THOSE WHO CAN SURVIVE and get jobs in the economy and not give greencards just because they scored points.

    I know I will receive a lot of flak as I have before, and I wish there was points based system here in USA too with self-petition option like Canada, but trust me, if that happens, then this country will be full of people with greatest points,(obtained thru fake degrees and Ph.Ds from the whole world) and really really make the nightmares of NumbersUSA and FAIR become true, and it wont be worth living.

    US systems needs major rework and increase in quota and increase in efficiency at USCIS and DOL. But getting rid of employer petition is going to make USA like Canada where Ph.Ds and doctors drive cabs and work in restaurants, but every one of those doctors and engineers would have greencard in 1 year.



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  • garybanz
    11-03 01:28 PM
    There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.


    ______________________
    Not a legal advice.
    US citizen of Indian origin

    If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?





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  • priderock
    05-15 11:43 AM
    Its a good thing, hope this will lessen the abuse of the visas by these Indian companies. As I mentioned in another thread, I have seen that H1 and L1s who come from India dont get a very good salary. Not good.

    I think they have to pay the minimum wage as declared in their petition.
    But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...

    Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.





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  • tabletpc
    01-04 02:12 PM
    Let me acknowledge..This thread made me easily come out of holiday blues. Above thats its friday...!!!!

    My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!





    485Mbe4001
    12-12 04:08 PM
    http://www.numbersusa.com/text?ID=1049 as explained by our friends across the aisle...

    IMO, EB3 will still be slow and get slower, unless there is a significant change...

    What's the significance of April 30 barrier.





    sys_manus
    01-28 09:49 AM
    Well said..



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