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  • Jyotsna
    10-13 11:01 AM
    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.


    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)

    My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.





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  • Junky
    10-24 11:21 AM
    Dear Friends - I have a question and would appreciate your thoughts.

    My father visited us for 6 months and I have a copy of his visa and passport notarized. What are the rest of the formalities (W7 form et al) that I should complete so I get some exemption? Or have my assumptions been wrong?

    Yes, you can file him as dependent & you do not need his SSN. You have everything (notarized passport etc.), you have to file for ITIN number with IRS. I know lot of my friends did it (not of their own but they went through tax attorney)





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  • GCisLottery
    05-25 08:17 AM
    It was not clear how this amendment affects, so I did some reading myself and found how it quietly does it. And adds a little incentive i.e. the total number may not exceed 650,000. In other words, alloting 200,000 for dependants(650,000 total - 450,000 primary)

    I get a feeling that this might pass if it is presented on the floor smartly to kindle some number/cost sentiment.

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``
    (2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable
    in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after
    October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against
    the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and
    paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the
    Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
    -----------
    INA 245B(Employment based) 245C(Family based) (http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245)

    245B:
    (b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.





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  • pcs
    01-02 07:44 PM
    I have completed 6 years on H1-B & my labor certification has been filed 4 times in the past & each time I got stuck in the backlog or lost the job.

    I finally have approved I-140 but I can not file 485 since Oct 2005.


    Now I have a very good job offer with a lot of money but want to take a calculated step before moving on... My current employer will not cancel I-140 & will also help me file 485 even if I am not working with them.


    My new employer will be willing to do Labor certification / I-140 / 485 once again but I do not want any complications because of two 485 applications.


    My questions are...

    1. Do I have to work for 180 days after 485 filing to get AC 21 advantage or I have to only wait for 180 days ( NOT WORK ) after filing 485 to get this advantage ??


    2. If I am on H1 with my next employer, can I use AC 21 advantage received from my earlier employer ( based on 485) for next job change ?


    3. Will two 485 filing create any complications in either application



    Regards & thanks for your help



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  • up_guy
    07-25 09:20 AM
    AC21 Attorney Selection (Suggested by new employer Vs selected by you)
    ================================================== ===
    Subject : While changing jobs we have two options
    1) Hire your new attorney and you pay for it or
    2) Use the attorney that is recommended by your employers and its paid my new employer

    Agenda : Discuss Pros and Cons of each options

    My views : Its better to use attorney from your new employer because its free, because s/he can better coordinate with the employer to get the offer letter describing same and similar job duties and also if you change to another job again you can change this attorney too..you have options and they are at no cost to you

    Does anyone differ from me and has any reason that why should I go for my own attroney (not using new employers attorney) for AC21 ?

    Thanks any advance for your participation in this discussion





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  • LostInGCProcess
    10-24 12:58 PM
    I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?

    This is true...and this is what my tax guy told me and I did the same, last year..you file the ITIN along with the Tax returns...got some relief from the tax. :)



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  • Antonio Trivelin
    June 16th, 2006, 08:09 PM
    They look good to me Antonio. I wish I could get results like this with my 50mm 1.8, but then I've only tried on bands in small clubs, you had a few more stage lights to work with it looks like to me.

    Nik, tks a lot for comments too !!!

    This show was in a big place, look:

    http://img147.imageshack.us/img147/256/showbarao0jw.jpg (http://imageshack.us)

    This is not my photo, but i was there in that place where i write in red the most part of the time of the show.

    I think there was 62.000 people there !!!!

    More details here: http://www.paomusic.com.br/2005/default_noticias_interna.asp?idNoticia=5819&cod_area=2

    To see the photos click at the right where is write GALERIA and choose - "Bar�o Vermelho e convidados - Piracicaba-SP". This is the oficial site and the photos there is not mine.

    Best regards my friend,

    Antonio





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  • alterego
    09-22 08:49 AM
    http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html



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  • boston_gc
    05-30 08:09 PM
    Please help....I am in a little bit precarious situation here...


    I am frustrated working for Company A and I have a job offer from Company B..

    My question is if
    1: my I140 is approved from company A and
    2: have H1b extended for 3 years for company A
    3: get the H1b transferred over to Company B and then

    leave the Company A and join Company B
    Now Company A revokes I140

    Will by H1B with Company B still valid?





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  • pachai_attai
    08-17 02:48 PM
    Dont worry. I faced th same problem.

    Check this link
    http://www.immigrationportal.com/showthread.php?t=260347&highlight=MESQUITE



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  • sdfdf6534
    03-24 08:27 PM
    The following is the full reviews of currently popular smart and useful tools for all iPod models including iPod Touch, iPod Touch 2, iPod Nano 5, iPod Nano 4, iPod Classic and so on.

    1: DVD to iPod Converter (http://www.dvd-video-tool.com/download/dvd2ipod_r483120.exe) � Put any DVD on your iPod and watch it on your iPod.

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    Cucusoft DVD to iPod Converter (http://www.dvd-video-tool.com/convert-dvd-to-ipod-converter.html) is the easiest-to-use and fastest DVD to iPod converter for Apple iPod movie and iPod video. It can convert almost any kind of DVD to iPod movie or iPod video format. It is also a powerful DVD to iPod converter with a conversion speed that is much faster than real-time. With this converter, you can use your iPod as a portable DVD player and enjoy your favorite DVDs on your iPod.

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    AVCWare iPod to iPod/iTunes/Computer Transfer (http://www.dvd-video-tool.com/ipod-transfer.html)can automatically transfer your iPod and iPhone music, video, playlist, photos back to PC and iTunes. Backup all your music and video in a couple of clicks. If you own more than one iPods, it can simultaneously manage all the iPods in the same interface, you may transfer files among these iPods by drag-and-drop.

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  • REQUIRE_GC
    11-09 03:12 PM
    It is July 23



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  • legal_la
    07-17 04:59 PM
    Guys,

    August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.

    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw


    http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D


    finally it is official. No mention of additional time (couple of weeks in august) to file 485, so i guess we have until end of this month...





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  • Hermione
    10-02 12:45 PM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)

    What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).

    The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.



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  • gc_on_demand
    09-09 11:46 AM
    I would like to hear from people who have actually done this recently. My co. is planning to apply for a Software Developer position in EB2 and was wondering if anyone got it approved this year. My co. was able to do it for a colleague of mine under this title back in 2006 and I understand a lot has changed since then.

    The downsides of this plan are:
    1. Economy is bad
    2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)

    Also, Software Developer does not fall under Job Zone 5 in ONET.

    Any help? Thanks for reading

    What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..





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  • wandmaker
    02-04 02:32 PM
    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.



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  • add78
    07-15 03:03 PM
    I have used AC21 to change jobs
    I have a closing statement from my previous employer mentioning the exercisable options.

    Here it goes:

    Exercisable Options

    Price $30
    grant date 1/10/2007
    Shares exercisable 400
    total price =12000

    Last date to exercise
    7/20/2008

    However the market share value for the company now is 26.00

    now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?

    I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????

    $30 per option price seems very high at the time they were offered unless they were trading around or higher than 30 at that time. Usually ESOP (Employee Stock Options) are offered at a lower end of the annual stock price fluctuations - e.g. if a company is already public with stock trading for the year highs at 50 at year low was say 20 at any point during that year then employees get it at 20. something like this. If a company is pre-IPO, the options are offered at a much cheaper price of a 1c to 10c per option.
    You should be able to place a call to your HR and they would be able to explain any questions you have. If the value is negative, no point exercising options now.





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  • kumarc123
    03-03 12:07 PM
    Hello there,
    This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.


    Thank you





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  • shimul99
    10-23 09:08 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer that.....my AP got rejected because the rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....

    I don't know how to react. The online doesn't have any update about that yet.





    tb2904
    12-21 11:11 AM
    I was in a kind of similar situation couple of times

    1. I had a valid US visa and I was traveling from Cincinnati to New Delhi via Paris on Air France. My flight from Cincinnati got delayed and I missed my connecting flight in Paris. All the passengers that had the green card or US citizenship were allowed to stay in Hotel outside the airport. But, since I am an Indian national and did not have a transit visa, France custom officer told me that I am "illegally" in France. He was nice guy and advised me to stay the night at the airport terminal and board the plane to India next day.

    2. My visa on my passport expired and I had the H1 extension papers with me. I was traveling on Air France from Cincinnati to New Delhi and my flight was via Paris. The airline staff at Cincinnati did not allow me to board the plane as I did not have a valid US visa on my passport. I had to drive down to Chicago to get the transit visa.

    Bottom line, if you don't have a green card it is better/safe to get a transit visa. France is a tourist friendly country and they process the visa much faster than other embassy provided you have had western country visa before (which in your case you do).





    ebizash
    10-08 10:50 AM
    It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.

    Isn't this exactly what we have to go thru here in US by paying SS Tax?