Monday, June 27, 2011

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  • vedicman
    01-03 09:20 AM
    NEW DELHI: India may drag the United States to the World Trade Organization , or WTO, over its decision to raise professional visa fees for an extended period and impose a 2% import levy on goods and services sold to the US government, a senior official has said.

    The commerce department is studying details of the James Zadroga 9/11 Health and Compensation Act of 2010 which aims to increase visa fee and import taxes on supplies to government to set up a $4.3 billion fund for sharing the healthcare burden of those affected by 9/11 terror attack in New York.

    The Senate passed the bill last week and India will soon take a decision on approaching the WTO, commerce secretary Rahul Khullar told ET on Monday.

    The final bill, which is now with US President Barak Obama to be signed into law, spells more trouble for Indian industry than the one initially proposed as it imposes an additional levy of 2% on all goods and services sold by Indian companies to the US government and extends the period for higher visa fees from 2014 to 2021.

    India has been trying for months to persuade its third largest trade partner to revoke the proposal to increase H1B and L1 visa fees as it could raise the cost of Indian IT companies operating in the US by $200 million annually.

    "We do not rush into disputes, but beyond a point, patience does run out," Dr Khullar said, adding that it may be time for the country to explore the option of settling the issue at the WTO.

    The first step would be to seek consultations with the US at the WTO on the contents of the bill and if the matter doesn't get resolved, a dispute settlement panel could be set up, the secretary said.

    The 2% tax will be levied on countries that are not signatories to the government procurement agreement (GPA) of the WTO, including India.




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  • ssingh92
    12-30 08:52 PM
    If you can take direct non-stop flight then avoid the transit visa. Sending originals by mail is always risky. Just my advise.




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  • diptam
    08-06 12:13 PM
    Premium on 140 has nothing to do with expedition of 485. Later depends on Priority Dates , Visa Numbers , Name check results etc ... etc... If you get 140 approved on Premium then the only advantange is that you can Trigger AC21 to change your Job after 180 days of 485 filing WITH A PEACE OF MIND.

    Otherwise if your 140 is hanging and you invoke AC21 and by chance that 140 gets a rough RFE or gets denied for some reason your 485 will be denied immediatly and you are in deep waters.

    Has USCIS started premium processing of I-140 again ? Can you please send me the link ?
    What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ?

    let me know quick please..




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  • Pagal
    02-02 02:33 PM
    :) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...

    Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...



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  • wandmaker
    04-27 03:24 PM
    Hi all,

    I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?

    Thank you !

    pre-adjudicated - As of writing, your case is good-to-go and subject to fbi name check & visa number availability.
    under review - It may once be reviewed fully or partially before requesting for a visa number when available




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  • nixstor
    12-08 06:17 PM
    Hi
    Does any one have contacts in websites like Rediff.com, Samachar.com so that we can put a banner and advt many companies when they lauch new products they put it there. For Eg Airtel similar to Reliance India call, has put a banner on samachar.com



    What makes you think that they will do it for free? Unfortunately, I tried contacting some websites. I couldnt elicit a resposne even. their prominent audience are outside of India and in Indian cities. How ever they dont seem to be concerned. We might need some back door connections for these people to get their attention and spread the word.



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  • Caliber
    05-25 06:13 AM
    Fax Sent




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  • willwin
    04-04 10:50 PM
    Congrats man. I am still waiting for mine. All the best for your perm.

    Thanks and wish you the same!

    My labor has been filed today (04/04/2010)



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  • ingegarcia
    05-25 08:04 AM
    Fax Sent




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  • bsbawa10
    08-03 06:41 AM
    The answer is yes. you can get inifinte 3 year extensions . I am one of the examples myself.



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  • navyug
    08-13 05:06 PM
    My I-140 was approved 2 yrs back. I have more time on H1 like ..2 more yrs.

    I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?

    After I switch jobs will I be able to go back to my old employer if I would want to .
    Appreciate it if you can help me on this.

    Thank you.

    Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.

    Any reason that you want to go back to your old employer? Why quit in the first place than...




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  • aachoo
    04-15 12:18 AM
    If senior citizens have to travel frequently from India to the Bay area (California) what is the most preferred airlines?
    Points of comparisons would be pricing (frequent flyer discounts), leg room, optimum layover, wheelchair facility, good in-flight attendance, food and so on...the experience with the emirates has been ok thus far.
    emirates didn't provide the wheel chair at the airport although it was made available in india and sfo. also the leg from dubai to sfo is very long.

    please share your experiences and provide your feedback.

    Try Singapore Airlines. You cannot escape a 12 to 16 hour second leg if you fly over the Pacific, but Singapore service is quite good. Cathay has been decent as well.



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  • Munna Bhai
    08-03 12:09 PM
    So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa

    If your I-485 is pending, you need to apply for H1b extension and it will be for one year increment.




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  • hopefulgc
    09-16 10:21 PM
    fulltime mba would have to be on F1 AFAIK. There is a detailed talk from attorney rajiv khanna's site about this. Please search on immigration.com


    Hi All,
    I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
    I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
    How about pursuing a full time MBA with EAD ( 485 PENDING)
    I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?



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  • GCVoice
    12-20 11:46 AM
    Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.

    Thanks in advance




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  • saimrathi
    07-23 03:43 PM
    UPS says Delivered at 7.30am on 7/2/07 signed for by Hindera..

    Although I dont know what the point of this thread is... as someone said, please keep all tracking to one thread or ..



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  • sinziana
    01-20 01:04 PM
    I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
    First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.

    sdudeja, nice to meet another teacher on the forum!
    hi,
    tell me please how is this NGO
    i AM teacher and I am looking for ajob in USA
    THANKS




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  • apb
    08-08 01:23 PM
    Does arrest for driving with suspended license (License suspended for non payment of ticket) come under traffic violation? Any insight would be much appreciated.




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  • shri22
    11-12 04:18 PM
    Can you please tell me, when was this announced? Is this a new rule ?
    I think people converting from F1 to H1 go to mexico.




    saketkapur
    07-27 05:24 PM
    ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)


    Unlawful Presence: Myths and Realities

    Ron Gotcher

    Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

    A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

    The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

    Nonimmigrants are not required to maintain their status after filing for adjustment of status.

    Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

    It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

    There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

    Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

    Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

    The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

    The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

    There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

    Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

    Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

    Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

    Ron Gotcher


    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved




    gc4me
    07-17 01:44 PM
    They tell this to everybody. A very common answer. They told me so, so to my 2 other friends but in either cases, no GC was approved inspite of our PDs were current. And later it turned out that my name check is pending (don't know what is 180 rule mean) when I took Infopass.

    So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
    To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
    How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
    And some CS even referring my I-485 application as I-40 :-( repeatedly.

    They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.



    Folks,
    Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
    Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

    EB2-I
    PD: Jul 2004
    I-140 approved
    I-485: RD 02 Aug, 2007



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