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  • InTheMoment
    06-29 01:01 AM
    Yabadaba,

    I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.

    See

    http://www.immigrationportal.com/showthread.php?t=158111

    http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada

    http://boards.immigration.com/showthread.php?t=165295

    There is a mighty good probabilty that we will get an RFE to
    establish proof of inspection of entry into the US

    So...start getting together any proofs for that:D that said it is fairly easy to take care RFE



    PART 3

    Place of Last Entry Into the United States (City/State)

    What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94





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  • pasupuleti
    02-13 05:04 PM
    We met our san jose(CA) congressman Mike Honda (http://honda.house.gov/). We had good session with his staff. His office is in the process of writting a letter to Backlog centers asking them for speeding up approvals.Their office is well aware of backlog issues. Once they get a response back from DOL, they would let us know.





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  • koppula09
    01-04 05:43 PM
    Thanks a lot for your quick response guys. I decided to wait till INS decision to approve the H1.

    If it is +ve there wont be any problem, well & good!

    If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.

    Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.

    I believe these options looks logical. Hope verything goes well!





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  • stxvr
    07-20 03:44 AM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:

    1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
    2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
    3. If you count 20 % then for India the figure per year is 28000.
    4 Now imagine how many years it will take to cover up the number like 750000.

    My analysis:
    -Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
    - Some may get GC after 10 years of filing A485.
    - For atleast 10 years PD remains Unavailable.

    What do you say on this?



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  • needhelp!
    02-12 10:59 AM
    purgan,
    This is a good idea. Can you create a thread with poll and we can see what percentage bought a house in US vs invested in property elsewhere. (or both)

    I signed as well.

    I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.


    I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.





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  • ramaonline
    11-19 03:16 AM
    F1 requires non-immigrant intent. Change of status to F1 may be difficult once you have filed for I140/485



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  • a1b2c3
    07-10 05:17 PM
    my PD is still not current :p
    Just kidding..glad to see the dates move fwd.





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  • nk2006
    04-13 12:46 PM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,

    As someone already mentioned you can go for rollover IRA - most of major investment companies offer this (infact will be eager to get any business).

    Its a bad thing that your previous company is asking to move funds - but in a way its a blessing in disguise. In many companies (and their 401k custodians like Fidelity) - they allow to continue your funds in the 401k even after you leave the company - but as a non-employee you would incur more expenses and/or closed for some investing options. So continuing in the older 401k is not a great option in most cases (unless your previous 401k had very good funds which are now closed for new investors). Rollover IRA's are also good for another reason - you have more investment opportunities. In most of 401k's the number of available mutual funds are limited - but in rollover IRA it becomes much more flexible (I have a Fidelity rollover IRA account and has many funds and also an option to trade stocks). When I moved from one of my former employers (a top software company) I was too lazy to do anything and left it there for next five/six years; later as I gained more financial knowledge I digged into the funds and fees and came to know how much more I was charged as a non-employee - then moved to my current rollover IRA.

    If you are more adventurous, there are other options as well. You can rollover into a self-directed IRA that allows to invest you in small private companies. There are a few custodians who allows this. Lets say someone has 10K in former 401k account - rolling over into a IRA with traditional fin. companies like Fidelity will give you access to many mutual funds and stock; with a small set of specialized custodians you can invest this 10K in a startup or even in real-estate. The custodian helps in the documentation so that you and the new company are very clear about everything. The key is you cannot be the owner of the company or real estate that you are investing but you can invest in a friends company or real-estate. I went to this route for one of my account and invested in a friends company who own commercial real-estate - with a 8% annual return rate for last year I can say its my best performing investment account. Obviously this is not for everyone and need lot of leg work and an ideal opportunity to go for this - but thought of giving out my experience anyway.



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  • MSCapBust
    07-20 06:41 PM
    Thanks everyone for replying.
    However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
    I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
    I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
    I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
    Please advice.

    Thanks very much,
    Sick with worry.





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  • Nikith77
    02-20 06:03 PM
    Hi

    To best of my knowledge
    A1. H1
    A2. no time limit.
    A3. Yes she needs H1 Stamping.
    A4. You can reapply H4 for her

    If I am wrong please correct me.



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  • Suva
    03-03 11:06 AM
    What is AGI?

    Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...

    So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...





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  • ilikekilo
    09-18 06:02 PM
    hey thanks for your response, i appreciate it

    where di u file? and did u efile?



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  • MArch172008
    05-23 03:32 PM
    I am on H1 since 2005 and renewed last year and it is valid till april 2010.


    Last year i joined directly to the client and they are processing my GC.

    When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
    So as back up i want to have a labour approve based on future employment and if possible have 140 processed.


    guide me if this is not the correct thing to do...

    regards





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  • rockstart
    04-23 04:17 PM
    Thanks for the response guys. I think it is better to change address because address forwarding does not work with USCIS letters. I have seen the trouble my friend had to go through to get his GC.



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  • wandmaker
    07-23 07:44 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    (1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.





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  • Legal
    07-12 02:22 PM
    Guys!
    Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...

    Keep up the spirits MAN !!

    Helping us is not good election strategy. Bringing amendments in favor of family immigration was good lection strategy. Talking against outsourcing is good election strategy.



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  • amitjoey
    06-14 01:39 PM
    Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.

    485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.





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  • cat555
    07-09 12:20 PM
    I was in a consulting field with employer taking 30% and me getting 70%.

    He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

    My question is why not he acted immediately after knowing the error?
    Why should I pay for somebody's mistake?
    Am I going to get any tax benefit now?
    Why not he deducted single penny in last 2 months before I left?
    I didn't sign any paper to pay him back over a period neither did he come up with any plan.

    All this proves that he agreed to waive off while I was working for him.





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  • pbojja
    10-17 12:34 PM
    Can anyone tell me what it means in terms of documents...???

    Your questions are too demanding dude





    arihant
    02-15 05:32 PM
    http://www.foreignlaborcert.doleta.gov/

    I found this on the DOL's website above.

    Foreign Labor Certification
    Backlog will be eliminated 9/30/2007
    There is a statement in bold below this which says "18 Months Remaining". I am unable to post this jpg in the forum.

    I read through the text below it briefly and did not find any more interesting info.

    Found this strange that they are advertising the fact that 18 months remain while they do not seem to have completed even data entry in over a year as evidenced by the fact that several of us are still waiting on the 45 day letters.





    GreenMe
    12-06 03:42 PM
    I think the salary is 38 Lakhs and not 70 lakhs

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