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Tuesday, June 14, 2011

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freddyCR

January 13th, 2005, 02:31 PM

Just a red "X"

Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.

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go_guy123

11-03 08:55 PM

http://www.youtube.com/watch?v=INo69f7f8bo

About CIR.

He talks of more H1B.....no green cards :(

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Siboo

07-30 03:35 PM

When do you get FP notices?

Within 4-10 days, after the USCIS sent the FP notice.

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Funny children pictures #4

learning01

04-12 12:33 PM

As I had already posted in the news article thread (http://immigrationvoice.org/forum/showpost.php?p=8552&postcount=225), this is an exhaustive article with a bold and thought provoking headlines. The article can be accessed here - http://www.newsobserver.com/104/story/427793.html

Many skilled foreigners leaving U.S.
Exodus rooted in backlog for permanent status

Karin Rives, Staff Writer

When the Senate immigration bill fell apart last week, it did more than stymie efforts to deal with illegal immigration.

It derailed efforts to deal with an equally vexing business concern: a backlog in applications for so-called green cards, the coveted cards that are actually pink or white and that offer proof of lawful permanent residency.

Many people now wait six years or longer for the card. There are 526,000 applications pending, according to Immigration Voice, an advocacy group that tracks government data.

Lately, this has prompted an exodus of foreign workers who tired of waiting, to return home or go further afield. With the economies in Asia and elsewhere on the rise, they can easily find work in the native countries or in third nations that are more generous with their visas.

"You have China, Russia, India -- a lot of countries where you can go and make a lot of money. That's the biggest thing that has changed," said Murali Bashyam, a Raleigh immigration lawyer who helps companies sponsor immigrants. "Before, people were willing to wait it out. Now they can do just as well going back home, and they do."

Mike Plueddeman said he lost three employees (one a senior programmer with a doctorate) at Durham-based DynPro in the past two years because they tired of waiting for their green cards.

All three found good jobs in their home countries within a few weeks of leaving Durham, said Plueddeman, the software consultancy's human resource director.

"We are talking about very well-educated and highly skilled people who have been in the labor force a long time," he said. "You hate losing them."

This budding brain drain comes as the first American baby boomers retire and projections show a huge need for such professionals in the years ahead. U.S. universities graduate about 70,000 information technology students annually. Many people say that number won't meet the need for a projected 600,000 additional openings for information systems professionals between 2002 and 2012, and the openings made by retirements.

"We just don't have the pipeline right now," said Joe Freddoso, director of Cisco Systems' Research Triangle Park operations. "We are concerned there's going to be a shortage, and we're already seeing that in some areas."

Cisco has advertised an opening for a data-security specialist in Atlanta for several months, unable to find the right candidate. Freddoso believes the problem will spread unless the government allows more foreign workers to enter the country, and expedites their residency process.

However, not everybody believes in the labor shortage that corporations fret about.

Critics say that proposals to allow more skilled workers into the country would only depress wages and displace American-born workers who have yet to fully recover from the dot-com bust.

"We should only issue work-related visas if we really need them," said Caroline Espinosa, a spokeswoman with NumbersUSA, a Washington, D.C., group pushing for immigration reduction. "There are 2.5 million native born American workers in the math and computer field who are currently out of work. It begs the question whether we truly need foreign workers."

She added that the immigration backlog would be aggravated by raising the cap for temporary and permanent visas, which would make it harder for those who deserve to immigrate to do so.

Waiting since 2003

Sarath Chandrand, 44, a software consultant from India, moved with his wife and two young daughters from Raleigh to Toronto in December because he couldn't live with more uncertainty. He applied for his green card in early 2003 and expects it will take at least two more years to get it.

His former employer continues to sponsor his application for permanent residency, hoping that he will eventually return. But Chandrand doesn't know what the future will hold.

"I miss Raleigh, the weather, the people," he said in a phone interview. "But it's a very difficult decision to make, once you've settled in a country, to move out. You go through a lot of mental strain. Making another move will be difficult."

Canada won him over because its residency process takes only a year and a half and doesn't require sponsorship from an employer.

The competition from Canada also worries Plueddeman, who said several of his employees are also applying for residency in both countries. "They'll go with whoever comes first," he said.

And it's not just India and Canada that beckon. New Zealand and Australia are among nations that actively market themselves to professionals in the United States, with perks such as an easy process to get work visas.

New Zealand, with a population of 4 million, has received more than 1,900 applications from skilled migrants and their families in the past two years, said Don Badman, the Los Angeles marketing director for that country's immigration agency. Of those, about 17 percent were non-Americans working in the United States.

Badman's team has hired a public relations agency to get the word out. They have also run ads in West Coast newspapers and attended trade shows, mainly to attract professionals in health care and information technology.

Dana Hutchison, an operating room nurse from Cedar Mountain south of Asheville, could have joined a hospital in the United States that offers fat sign-on bonuses. Instead, she's in the small town of Tauranga, east of Auckland, working alongside New Zealand nurses and doctors.

"It would be hard for me to work in the U.S. again," she said. Where she is now, "the working conditions are so fabulous. Everybody is friendly and much less stressed. It's like the U.S. was in the 1960s."

Limit of 140,000

Getting a green card was never a quick process. The official limit for employment-based green cards is 140,000 annually.

And there is a bottleneck of technology professionals from India and China. They hold many, if not most, of all temporary work visas, and many try to convert their work visa to permanent residency, and eventually full citizenship. But under current rules, no single nationality can be allotted more than 7 percent of the green cards.

In his February economic report, President Bush outlined proposals to overhaul the system for employment-based green cards:

* Open more slots by exempting spouses and children from the annual limit of 140,000 green cards. Such dependents now make up about half of all green card recipients, because workers sponsored by employers can include their family in the application.

* Replace the current cap with a "flexible market-based cap" that responds to the need that employers have for foreign workers.

* Raise the 7 percent limit for nations such as India that have many highly skilled workers.

After steady lobbying from technology companies, Congress is also paying more attention to the issue. The Senate immigration bill had proposed raising the annual cap for green cards to 290,000.

Kumar Gupta, a 33-year-old software engineer, has been watching the legislative proposals as he weighs his options. After six years in the United States, he is considering returning to India after learning that the green card he applied for in November 2004 could take another four or five years.

Being on a temporary work visa means that he cannot leave his job. Nor does he want to buy a home for his family without knowing he will stay in the country.

"Even if the job market is not as good as here, you can get a very good salary in India," he said. "If I have offers there, I will think of moving."

Let's utilize this write up and start quoting the link in our personal comments / emails to other news anchors, commentators, blogs etc.
I thought this deserves it's own thread. Please comment and act.

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Funny Kids

angelfire76

06-10 06:58 PM

I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?

Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?

For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.

Rabbit Kid - Funny Kids

transpass

08-04 11:10 AM

me too...NSC filer, but transferred to TSC...

RD july 2, PD 12/2005

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Tags:baby, funny, kids

av2307

09-03 03:18 PM

By the way - harrdr , I'm exactly in the same situation - PD May '08 , I-140 approved and i have a very enticing full time offer from a Major financial firm. But i don't want to jeopardize my chances to get a GC in the next couple of yrs ( given that EB2 dates have moved forward substantially last month).

Please keep me in loop in case you find anything else about the situation. I'll do the same.

TIA
-A

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cleopatra

02-17 08:36 AM

Story 2

Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.

"You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.

I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.

After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.

There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.

At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.

But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.

But then I realized, this green card was very dear to me and I had waited patiently to get it. If I do not work towards something that I wanted, who would?

So I participated completely and did as much as I could to help myself. Our group suceeded and I got my green card. I could continue living the life and dream I wanted.

When I think back about what went right, I realize now that the reason is I saw the opportunity that presented itself to me - To join others and work together to resolve my problems and grabbed the opportunity and utilized it to my benefit.

Thinking back, it was actually a no brainer. Once I realized that if I did not do something, nothing was going to change, I started participating. I guess others also thought of it the same way.

So there was a big crowd in the capital and we explained our problems. It was a sizable number of people explaining the problems. Others who could not make it to the capital contributed in other ways for the event.

So our problems were recognized and addressed. I got my greencard and later citizenship of this great country. Remember, it was not an easy journey, but once I decided to participate and resolve the problems, it became easy.

It was a pain to wait for my green card. But once I started participating and working towards the solution and I guess others must have also thought similarly, I was able to get what I wanted.

So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."

Which of the above stories do you want to be in?

Be active. Participate.

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gcisadawg

04-07 02:18 PM

Folks,

My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!

We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.

The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.

Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?

Rgds,
gcisadawg

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A compilation of Funny Kids

optimystic

03-31 03:01 PM

I have a somewat similar situation, here goes:

Myself: "Resident Alien for Tax purposes" for 2007.

My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.

The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).

My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.

You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.

If others have dealt with a similar situation, please advise.

Thanks.

Ams

Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?

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conundrum

05-25 07:09 AM

Additional Info: The senators offices open only at 8:30am.

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Funny children pictures #3 (16

abhijitp

06-21 02:48 PM

Also : 140 gets rejected in following cases:

1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records

i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.

BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.

I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)

But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.

When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.

Comments/suggestions welcome.

Thanks!
Abhijit

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funny children 15 by Anonymous

skothuru

07-18 10:35 AM

Check with this:

If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?

If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.

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aaaa4321

08-31 03:02 PM

Thanks to all of you for explaining the real thing.

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Funny Kids Activities

pappusheth

05-01 11:40 PM

I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.

Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
Thanks.

pappusheth

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Fork Face Fail - Funny Kids

ivuser9

03-28 07:42 PM

Thank you all for their replies, this helped

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terpcurt

January 6th, 2005, 09:00 PM

of the technique....

on the back layer, use gaussian blur, then erase, getting a sharper than background coloured bit.

add some saturation....

whadddya think?

Robhttp://images8.fotki.com/v146/photos/1/173093/1080432/2flower-vi.jpg

I see what your getting at...... yep... I do like that too.... still have a lot to learn :D

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10 Funny Kids#39; Halloween

chinta_ramesh

08-21 11:57 AM

It seems they want to make some progress before updating the dates :rolleyes:

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pappu

04-09 02:58 PM

This might help
http://immigrationvoice.org/forum/showthread.php?t=24545

vts31

10-22 04:23 PM

wtf! u guys are fast!

lazycis

06-05 10:11 PM

Hello,

I live in Massachusetts, Where should I send my EAD application ( Initial EAD, not renewal). My I-485 is pending with Texas Service Center.

Should I mail the EAD application to the following address:

Texas Service Center
P.O Box 851041
Mesquite, TX

Thank you for letting me know.

USCIS Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041

see page 10
http://www.uscis.gov/files/form/I-765instr.pdf

vedurux

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