return_to_india
10-04 11:07 AM
Just landed from India to the states with permanent residency and i got asked all the stupid questions you can imagine, atleast the immigration officer gave me some good amusement after a long trip
One of the most intelligent questions is this
How do you get money to buy a plance ticket if you were in india for few months
What all other questions, like "Are you still working for the GC sponsored employer" ?
One of the most intelligent questions is this
How do you get money to buy a plance ticket if you were in india for few months
What all other questions, like "Are you still working for the GC sponsored employer" ?
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whattodo
12-26 08:20 PM
Well said, Kumar1. It seems like you have done PhD on immigration matters. :)
H1/H4/L1/L2... - Non-Permanent Resident Alien
F1/F2 - Non-Permanent Non-resident Alien.
Green Card - Permanent Resident Alien.
Citizen - Naturalized citizen
Resident and Non-resident make a difference in taxation.
Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.
Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.
Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.
Let me know if I am wrong anywhere. Thanks
H1/H4/L1/L2... - Non-Permanent Resident Alien
F1/F2 - Non-Permanent Non-resident Alien.
Green Card - Permanent Resident Alien.
Citizen - Naturalized citizen
Resident and Non-resident make a difference in taxation.
Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.
Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.
Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.
Let me know if I am wrong anywhere. Thanks
dpsg
03-25 02:39 AM
We have our own agenda as they have theirs, But We can ask them to
correct information which is not correct. Otherwise we will create a parallel
graph and point their mistakes and they are free to correct ours.
If someone looks up on net, he/she should see correct information, If
someone searches numberUSA it should also see our site with correct graphs.
We should never fudge number to prove our point, Because we are real people with real issues, which affects our lives in real way ... not idealogues .. where ideaology is above everything(even nonrefutable hard facts or humanity).
I request people on this forum to be careful what they write, We should only
question the incorrectness of the statment without becoming personal , dis-respectful or vengeful, because our fight is born from need not from hatred.
All of us need to also further our qualifications and skills to show ourselves in best light and be able to show our achievents in constructive way to get the best deserved treatment from american lawmakers.And beleive me they
have shown time and again that they are pragmatic people, we just need to educate them about our issues..which
IV is doing in a great way.
Also we need to correct what they ahve said about us "guests don't want to go back" to point that we are here on dual intent.
Thanks,
correct information which is not correct. Otherwise we will create a parallel
graph and point their mistakes and they are free to correct ours.
If someone looks up on net, he/she should see correct information, If
someone searches numberUSA it should also see our site with correct graphs.
We should never fudge number to prove our point, Because we are real people with real issues, which affects our lives in real way ... not idealogues .. where ideaology is above everything(even nonrefutable hard facts or humanity).
I request people on this forum to be careful what they write, We should only
question the incorrectness of the statment without becoming personal , dis-respectful or vengeful, because our fight is born from need not from hatred.
All of us need to also further our qualifications and skills to show ourselves in best light and be able to show our achievents in constructive way to get the best deserved treatment from american lawmakers.And beleive me they
have shown time and again that they are pragmatic people, we just need to educate them about our issues..which
IV is doing in a great way.
Also we need to correct what they ahve said about us "guests don't want to go back" to point that we are here on dual intent.
Thanks,
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jonty_11
06-18 01:27 PM
Does the passport have to be valid for at least 6 months at the time of filing 485?
more...
madsat1234
06-01 01:04 PM
Received Appointment Letter today..
Asked for Medicals, Tax returns(Last 3 years), birth Certificate, and Affidavit of Support I834(mine is not Family based GC) why did they ask me. Is there anyone else in the same situation
I am the primary Applicant, PD Jul 2003, EB3
There are no visa numbers available for this category. Why Interview call..
Even if they selected my application randomly there are no visa numbers available..
Please help..
Asked for Medicals, Tax returns(Last 3 years), birth Certificate, and Affidavit of Support I834(mine is not Family based GC) why did they ask me. Is there anyone else in the same situation
I am the primary Applicant, PD Jul 2003, EB3
There are no visa numbers available for this category. Why Interview call..
Even if they selected my application randomly there are no visa numbers available..
Please help..
kaisersose
08-24 01:50 PM
One a 485 is applied and is pending, it is possible to replace the underlying 140, even if it is from a different employer.
Reasons why one would do this -
1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available
2. Job Role changed significantly enough to warrant a new Labor.
3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.
4. Upgrade from eb3 to eb2.
Reasons why one would do this -
1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available
2. Job Role changed significantly enough to warrant a new Labor.
3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.
4. Upgrade from eb3 to eb2.
more...
jotv
10-16 10:52 PM
hai all ,
i dont know where to write this topic , if it is wrong place please excuse me.
i completed my b.tech in computers. i am on h4 . recently i got ead.
here is my question
by using ead what type of jobs i can do . if software side jobs means again i have to read any subject some time . but i need job quickly because we were in some financially tight position.
please suggest me any decent type jobs like data entry or data base entry jobs etc ...something related to my education is preferable .
those who know correctly experts please suggest . bcz this will be helpful for all who is from h4 to ead.
i will really appriciate your help .thank you in advance.:mad:
i dont know where to write this topic , if it is wrong place please excuse me.
i completed my b.tech in computers. i am on h4 . recently i got ead.
here is my question
by using ead what type of jobs i can do . if software side jobs means again i have to read any subject some time . but i need job quickly because we were in some financially tight position.
please suggest me any decent type jobs like data entry or data base entry jobs etc ...something related to my education is preferable .
those who know correctly experts please suggest . bcz this will be helpful for all who is from h4 to ead.
i will really appriciate your help .thank you in advance.:mad:
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tikka
07-08 09:52 PM
anything in specific?
more...
Minnylolly
07-26 03:35 AM
When I read your entire comments then I really impress with your site.There are good information you share here . Thanks for sharing information.
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rvendra
05-18 04:28 PM
Could you send me personal message, will talk to you.
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logiclife
01-31 10:47 AM
You are not helping yourself by saying such things.
Believe me, everyone here knows ins and outs of consulting business, the desi employer, the Nick Mandallappas of the world etc. etc.
By saying such things on public forum you are helping the enemies who are arguing the exact thing they say to oppose H1b and oppose EB greencards.
I would urge you to restrain raw emotions, especially on public forums, and help us put arguments in an articulate way.
Sarcasm and rhetoric will not take you an inch away from where you are right now.
--logiclife.
Believe me, everyone here knows ins and outs of consulting business, the desi employer, the Nick Mandallappas of the world etc. etc.
By saying such things on public forum you are helping the enemies who are arguing the exact thing they say to oppose H1b and oppose EB greencards.
I would urge you to restrain raw emotions, especially on public forums, and help us put arguments in an articulate way.
Sarcasm and rhetoric will not take you an inch away from where you are right now.
--logiclife.
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whereismygclost
06-17 05:42 PM
Hi sk.aggarwal,
How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?
How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?
more...
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bsbawa10
12-10 04:50 PM
I insist that the name of the person who used profane language on IV website be revealed. It is a serious and urgent issue. Such people must be exposed for the public good.
I fully think that if IV is serious for the dignity of its members and wants this not to happen again, then the person should be revealed and banned. I know this has happened in the past also but not taking this kind of action has given courage to such kind of people to attempt it again.
I fully think that if IV is serious for the dignity of its members and wants this not to happen again, then the person should be revealed and banned. I know this has happened in the past also but not taking this kind of action has given courage to such kind of people to attempt it again.
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saketkapur
07-06 12:40 PM
Yes, I did the same.....even though I had a valid H1B stamped in my passport the POE made me use the AP to enter.....
more...
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shirish
09-02 01:54 PM
I am in the same situation. My lawyer sent the application with out medicals one day before the medical reports reached him.
He is saying, he checked with USCIS customer service, that the medicals do expire after 12 months. So i will have to go for medical exam again when i get RFE.
As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
He is saying, he checked with USCIS customer service, that the medicals do expire after 12 months. So i will have to go for medical exam again when i get RFE.
As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
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somegchuh
01-28 06:59 PM
This question is specific to Indian nationals with children born in US.
Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?
Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?
more...
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kondur_007
03-25 08:31 PM
Got some answers for you (they are in red below).
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
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peer123
04-16 05:22 PM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
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lazycis
12-27 04:53 PM
Do you have to use / file AC-21 if your I-140 is approved (long back in 2005) and you have passed 180 days of i485 received date?
You are automatically using AC21 if you are changing employers after 180 days. You may file AC21 letter/employment offer with the USCIS but you do not have to do it. It depends on your circumstances and preferences.
You are automatically using AC21 if you are changing employers after 180 days. You may file AC21 letter/employment offer with the USCIS but you do not have to do it. It depends on your circumstances and preferences.
gcformeornot
12-31 11:16 PM
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08-25 09:36 PM
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