Cheran
04-08 02:39 PM
Going back might be a good call. But the truth is, no matter how much money you got, how secured you are, the bottom-line is that the call has to come from the individual.
I will share my concern. I was 23 when I moved here and I already spent 10 years of prime life here in this country. After finishing my college, I worked in India for a year and half, and as any young adult I grew up thinking one day, I will change the way life operates in India. There is a system which operates India. It is powerful, normal human like you and I cannot overcome the system. People like Gandhi could, they are willing to sacrifice them self for the best of others. Or you could if you are like our current politicians who know how to work the system. People like lallu, Jaya, Karunanidhi, Naidu etc, they grew up as a part of the system. For them even when killing someone, they might not feel the remorse. But you and I cannot even bribe without feeling bad, which is good. But the question is how long can you sustain that? I am not 23 anymore; Now, I know what responsibility is all about. I have 2 kids; I don’t know whether I am hard enough to fight the system at this current stage of my life.
There is a famous quote, which states that there is a breaking point for every human, once we are pushed beyond that point, your action does not originate from your brain. In other words you will become part of the system.
For me this is the main concern. When I talk to people here who wants to go back, they say that they will buy a house in some close community and they will live a happy life inside. For me that’s a fools dream. You cannot shut off from others, may be for a month or two, soon you have to face the real world.
So the answer for your question lie in this question. How are you going to handle the system in India? I do not believe that things will change. May be in 25 years; Not anytime soon. So until then you have to live a life where in you have to adjust to the system.
I do not have an answer to the question. How will I manage the day to day life? If you know the answer let me know
- ;)
I will share my concern. I was 23 when I moved here and I already spent 10 years of prime life here in this country. After finishing my college, I worked in India for a year and half, and as any young adult I grew up thinking one day, I will change the way life operates in India. There is a system which operates India. It is powerful, normal human like you and I cannot overcome the system. People like Gandhi could, they are willing to sacrifice them self for the best of others. Or you could if you are like our current politicians who know how to work the system. People like lallu, Jaya, Karunanidhi, Naidu etc, they grew up as a part of the system. For them even when killing someone, they might not feel the remorse. But you and I cannot even bribe without feeling bad, which is good. But the question is how long can you sustain that? I am not 23 anymore; Now, I know what responsibility is all about. I have 2 kids; I don’t know whether I am hard enough to fight the system at this current stage of my life.
There is a famous quote, which states that there is a breaking point for every human, once we are pushed beyond that point, your action does not originate from your brain. In other words you will become part of the system.
For me this is the main concern. When I talk to people here who wants to go back, they say that they will buy a house in some close community and they will live a happy life inside. For me that’s a fools dream. You cannot shut off from others, may be for a month or two, soon you have to face the real world.
So the answer for your question lie in this question. How are you going to handle the system in India? I do not believe that things will change. May be in 25 years; Not anytime soon. So until then you have to live a life where in you have to adjust to the system.
I do not have an answer to the question. How will I manage the day to day life? If you know the answer let me know
- ;)
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vin13
08-02 05:21 PM
Of the hundreds of thousands of July 07 filers, who paid a mere $325 for their I-485 application, do you think USCIS will devote the time/effort to constantly keep track of the applicant's eligibility of 485 over the next several years???? It will take atleast 4-5 years for several of us to finally get a visa number. Several of us will move/have address changes during these years.
It took them 2.5 years to process these...imagine the nightmare if they were to try doing subsequent rounds....
Keep in mind that 485 eligibility is not just tied to employment but also FBI name checks etc. Do you think USCIS will keep on doing name-checks every other year, or issue EVL's every other year if/when they see for instance, an address change?
Dude...USCIS is already on its way of bragging to the congress that it has pre-adjudicated all these 485 applications. I think if they touch these pre-adjudicated applications, then someone has to answer to someone of what is going on...why haven't you still worked on this? why are you devoting your time to these old 485 applications when there are new ones yet to be processed.
I think once the application is pre-adjudicated...that's it!! I don't believe USCIS will spend anymore time and resources to these applications again...until a visa number is available from DOS and they apply the number to the pre-adjudicated application....my 2 cents!
If you read what i said earlier, i mentioned "There is a high chance that a pre-adjudicated case may just get an approval when the visa numbers are available". The probability of RFEs could be low. The point that i was trying to make is that if someone is looking for guarantees that may not be established with Pre-Adjudication. If you see my signature i have already changed jobs twice using AC-21. Its not a big concern to me.
It took them 2.5 years to process these...imagine the nightmare if they were to try doing subsequent rounds....
Keep in mind that 485 eligibility is not just tied to employment but also FBI name checks etc. Do you think USCIS will keep on doing name-checks every other year, or issue EVL's every other year if/when they see for instance, an address change?
Dude...USCIS is already on its way of bragging to the congress that it has pre-adjudicated all these 485 applications. I think if they touch these pre-adjudicated applications, then someone has to answer to someone of what is going on...why haven't you still worked on this? why are you devoting your time to these old 485 applications when there are new ones yet to be processed.
I think once the application is pre-adjudicated...that's it!! I don't believe USCIS will spend anymore time and resources to these applications again...until a visa number is available from DOS and they apply the number to the pre-adjudicated application....my 2 cents!
If you read what i said earlier, i mentioned "There is a high chance that a pre-adjudicated case may just get an approval when the visa numbers are available". The probability of RFEs could be low. The point that i was trying to make is that if someone is looking for guarantees that may not be established with Pre-Adjudication. If you see my signature i have already changed jobs twice using AC-21. Its not a big concern to me.
bugsbunny
04-21 01:06 PM
A Quick Question.
Can parents stay here for 5 1/2 months go back for say a month or two and come back again for 5 1\2 months? Would this pattern be suspected during visa renewal?
if its a 10 year visa...i doubt there should be a concern about visa renewal.
Hopefully in 10 years you have GC and USC :)
But to answer your question...as long as you are not overstaying the 6 months there should be no legal issues. Ofcourse there is no such guarantee as it is upto the visa issuing officer's discretion
Can parents stay here for 5 1/2 months go back for say a month or two and come back again for 5 1\2 months? Would this pattern be suspected during visa renewal?
if its a 10 year visa...i doubt there should be a concern about visa renewal.
Hopefully in 10 years you have GC and USC :)
But to answer your question...as long as you are not overstaying the 6 months there should be no legal issues. Ofcourse there is no such guarantee as it is upto the visa issuing officer's discretion
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chanduv23
07-08 02:53 PM
Thought I'd offer an alternate view on the AC21 letters. I switched jobs after my I-485 had been pending 180 days, and my attorneys advised me to NOT send in an AC21 letter. They said, "Chances are, you will not get an RFE, and if you do, you can send in the AC21 letter at that time. If you do send in an AC21 letter, you will definitely get an RFE". These attorneys had always given me excellent advice in the past, so I have not submitted an AC21 letter.
- GS
Ask your lawyer, what happpens when previous employer revokes 140 petition. The answer will be, "As USCIS does not know that you ported off, they will send a NOID and we will respond to the NOID. If they send a denial by mistake, we will reopen your case using MTR"
- GS
Ask your lawyer, what happpens when previous employer revokes 140 petition. The answer will be, "As USCIS does not know that you ported off, they will send a NOID and we will respond to the NOID. If they send a denial by mistake, we will reopen your case using MTR"
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javadeveloper
12-31 04:22 PM
You are absolutely right, It�s nature and as you said and I quote �nature created nature which is created by nature and so on...�
And for some people to which you call �nature� they call it �God�
Just different terminology, they do the prayer of nature (for some its God) and they never judge the acts of nature (God).
I feel comfortable with these words "Nature Bless everyone" ,Not with the words like "God Bless everyone".
May be As a Hindu I'll start visualizing Shiva/Vishnu/brahma/Rama/Krishna etc.. when someone says "GOD" .For Christians they may start visualizing Jesus and Allah for Muslims.
And for some people to which you call �nature� they call it �God�
Just different terminology, they do the prayer of nature (for some its God) and they never judge the acts of nature (God).
I feel comfortable with these words "Nature Bless everyone" ,Not with the words like "God Bless everyone".
May be As a Hindu I'll start visualizing Shiva/Vishnu/brahma/Rama/Krishna etc.. when someone says "GOD" .For Christians they may start visualizing Jesus and Allah for Muslims.
frostrated
10-01 11:52 PM
To best of my knowledge, at least one parent must have US citizenship to get OCI ( the rules were different earlier - may be 3-4 years back ).
Here is the san francisco Indian consulate OCI V/s PIO card link:
http://www.cgisf.org/oc/oci-chart.pdf
Consulate website : http://www.cgisf.org/
PIO Info : Consular Info (http://www.cgisf.org/pio/pioservices.html)
OCI Info : Overseas Citizenship of India Menu (http://www.cgisf.org/oc/index.html)
As for registering with police ( with PIO card ) every 6 months, i am not sure.
Some of my friends say one needs to send a letter to some regional dsp office.
Anybody has more info ( i mean the families with us citizen kid who moved
back to India and staying there with PIO card ? ) ?
My kid was in India for more than 6 months. We took him to the comissioner's office and registered him. You need to take a couple of passport photos, the PIO card, and the foreign passport. They will issue you a letter that states that the child is allowed to stay beyond six months. The letter that we got is valid for two years. We were told that if the child stays beyond the date of the validity date in the letter, then to come and get a new letter. The whole process took about two hours. BTW, this was in Hyderabad.
Here is the san francisco Indian consulate OCI V/s PIO card link:
http://www.cgisf.org/oc/oci-chart.pdf
Consulate website : http://www.cgisf.org/
PIO Info : Consular Info (http://www.cgisf.org/pio/pioservices.html)
OCI Info : Overseas Citizenship of India Menu (http://www.cgisf.org/oc/index.html)
As for registering with police ( with PIO card ) every 6 months, i am not sure.
Some of my friends say one needs to send a letter to some regional dsp office.
Anybody has more info ( i mean the families with us citizen kid who moved
back to India and staying there with PIO card ? ) ?
My kid was in India for more than 6 months. We took him to the comissioner's office and registered him. You need to take a couple of passport photos, the PIO card, and the foreign passport. They will issue you a letter that states that the child is allowed to stay beyond six months. The letter that we got is valid for two years. We were told that if the child stays beyond the date of the validity date in the letter, then to come and get a new letter. The whole process took about two hours. BTW, this was in Hyderabad.
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Macaca
06-17 10:30 AM
As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year.
While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year – over a 44 percent increase in the number of cases pending more than 33 months. (page 37)
The backlog appears likely to get worse, because a USCIS fee increase -- slated to take effect in July -- has prompted a 50 percent rise in new naturalization applications so far this year. If a new immigration bill is enacted, millions of undocumented immigrants would also apply for legalization. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
Currently, USCIS has limited capability to produce reports detailing the status of long-pending FBI name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. The Ombudsman fully supports the expeditious rollout of the BCS system. (page 43)
the bureau since 2001 has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year – over a 44 percent increase in the number of cases pending more than 33 months. (page 37)
The backlog appears likely to get worse, because a USCIS fee increase -- slated to take effect in July -- has prompted a 50 percent rise in new naturalization applications so far this year. If a new immigration bill is enacted, millions of undocumented immigrants would also apply for legalization. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
Currently, USCIS has limited capability to produce reports detailing the status of long-pending FBI name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. The Ombudsman fully supports the expeditious rollout of the BCS system. (page 43)
the bureau since 2001 has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
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RON_HI(Z)RA
09-27 02:55 PM
And they note your name on the degree and next you know is you are stuck in FBI name check forever :D
I guess using our degrees to pass on a message is a fool-proof idea. That can immediately catch on with media like flowers did. If not stoppers, we can write our message in bold colors on the degrees.
Indeed thoughtful. I'm all in for it.
I guess using our degrees to pass on a message is a fool-proof idea. That can immediately catch on with media like flowers did. If not stoppers, we can write our message in bold colors on the degrees.
Indeed thoughtful. I'm all in for it.
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hopein07
02-19 04:06 PM
http://www.ext.vt.edu/pubs/homebus/354-145/354-145.html
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Widget
11-09 06:24 PM
1/09/2006: Priorities for Lameduck Congress
* Report indicates that overhauling immigration may be in the list of the Democrats priority and President Bush has also expressed his readiness and willingness to go along with the Democrats on the legislation. Immediately after the result of the election became obvious, apparently the President called into the White House the leaders of GOP to discuss the priorities for the Lameduck session.
* Taking such discussion and the President's meeting with Rep. Pelosi, future Speaker of the House and exhange views on priorities for the two parties as a positive signial, the immigration stakeholders started igniting some hope, albeit uncertain, for potential action by the Congress and are cautiously preparing for their move in support of the immigration legislation. For the report on meeting between the President Bush and Rep.
* Report indicates that overhauling immigration may be in the list of the Democrats priority and President Bush has also expressed his readiness and willingness to go along with the Democrats on the legislation. Immediately after the result of the election became obvious, apparently the President called into the White House the leaders of GOP to discuss the priorities for the Lameduck session.
* Taking such discussion and the President's meeting with Rep. Pelosi, future Speaker of the House and exhange views on priorities for the two parties as a positive signial, the immigration stakeholders started igniting some hope, albeit uncertain, for potential action by the Congress and are cautiously preparing for their move in support of the immigration legislation. For the report on meeting between the President Bush and Rep.
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Ramba
09-05 02:46 PM
I hope you are wrong about this. I do not see anything on the Approved AP that it should has been used for "humanitarian" purpose. It just mentions that the intention of AP is to allow the AOS applicant to return after temporary travel outside US. Correct me if I'm wrong.
You are absolutly incorrect. Unfortunatly most lawyer or their web sites do not explain the limitation of "parole". Because most of the CBP at POE are flexible; that does not mean that the law is flexible. This is what the instruction for AP in the form.
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance."
Read more about AP at
http://www.uscis.gov/files/form/I-131instr.pdf
You are absolutly incorrect. Unfortunatly most lawyer or their web sites do not explain the limitation of "parole". Because most of the CBP at POE are flexible; that does not mean that the law is flexible. This is what the instruction for AP in the form.
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance."
Read more about AP at
http://www.uscis.gov/files/form/I-131instr.pdf
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yabadaba
06-28 01:17 PM
yea...this is effective july 2nd...so if you I140 reaches then...you cannot use premium processing
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rexjamla
07-19 10:07 AM
EB3/FEDEX delivered on 02-Jul-07 at 10:25 am
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ilikekilo
04-14 09:34 PM
Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
YOu stated " 3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages".............
THAT IS NOT TRUE. here is the fact
1) Under HIPAA ACT , pregnancy CANNOT be considered as a pre existing condition by GROUP HEALTH coverage . This means you can also get health insurance by applying while u r pregnant.
2) you have 30 days to enroll the baby after birth
refer to these:
http://www.dol.gov/ebsa/publications/newborns.html
http://www.dol.gov/ebsa/cobra.html
Although, in my opinion the important thing you may want to know is "what is the waiting period for your husbands group coverage at his new job, is it 30/60/90 days?
bottomline: if there is a waiting period for him(which means for you too inorder to enroll in his insurance) then you still have nothing to worry, you have COBRA.
Either way you are SAFE and should be covered
Like the other OP mentioned, Obamas adminstration passed a law where in you can tax deduct the cobra expenses too.
So I dont see any problem whatsoever. So be cool, good luck to you and your family.
I know some OP's are suggesting legal options, with all good intentions ofcourse, but personally, I would not think about it, atleast for now as you may agree that EOD mom and baby's health are paramount.
.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
YOu stated " 3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages".............
THAT IS NOT TRUE. here is the fact
1) Under HIPAA ACT , pregnancy CANNOT be considered as a pre existing condition by GROUP HEALTH coverage . This means you can also get health insurance by applying while u r pregnant.
2) you have 30 days to enroll the baby after birth
refer to these:
http://www.dol.gov/ebsa/publications/newborns.html
http://www.dol.gov/ebsa/cobra.html
Although, in my opinion the important thing you may want to know is "what is the waiting period for your husbands group coverage at his new job, is it 30/60/90 days?
bottomline: if there is a waiting period for him(which means for you too inorder to enroll in his insurance) then you still have nothing to worry, you have COBRA.
Either way you are SAFE and should be covered
Like the other OP mentioned, Obamas adminstration passed a law where in you can tax deduct the cobra expenses too.
So I dont see any problem whatsoever. So be cool, good luck to you and your family.
I know some OP's are suggesting legal options, with all good intentions ofcourse, but personally, I would not think about it, atleast for now as you may agree that EOD mom and baby's health are paramount.
.
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va_dude
02-23 09:21 AM
The way i see it, they've asked for past emp letter with tax forms and some w2s.
None of those would indicate that you were on the bench.
The emp letter should basically just indicate your dates for employment - start/end date, designation, duties and perhaps salary. that's all.
None of those would indicate that you were on the bench.
The emp letter should basically just indicate your dates for employment - start/end date, designation, duties and perhaps salary. that's all.
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kavita
07-02 12:40 PM
To make an impact, we need in the order of 50,000 to 100,000 letters with their personal US address on it. Anything less doesn't hold any water..
From what I remember, when we wrote to President Bush, only 5000 letters were sent.
I dont think a number like 50,000 could ever be reached.
From what I remember, when we wrote to President Bush, only 5000 letters were sent.
I dont think a number like 50,000 could ever be reached.
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coopheal
03-10 01:59 PM
The poor response is because we are not together and we truly do not believe in our goal. With the assumption that 90% of IV members are Indians, I can safely say this is innate in our culture - we want to get the benefit without working for it AND once we get the benefit, we give a damn about the rest of "them". :mad:
I do not see you being listed as a donor.
I do not see you being listed as a donor.
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rpat1968
02-04 01:50 PM
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
I intend to travel to my home country I have H1 (not stamped but valid till 2010) working for the same sponsor if I use AP to enter US do I lose my H1 status.I have EAD but did not use it.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
I intend to travel to my home country I have H1 (not stamped but valid till 2010) working for the same sponsor if I use AP to enter US do I lose my H1 status.I have EAD but did not use it.
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inskrish
10-07 02:34 PM
What do you mean by priority dates were added?
Until Dec.2004, all EB categories were 'Current', but in Jan.2005 the EB3(IN/CH/PH) dates retrogressed to 1st Jan.2002. I believe this is what Coopheal is trying to convey. Not 'Addition', not 'Introduction', but just 'Retrogression' :-)
Until Dec.2004, all EB categories were 'Current', but in Jan.2005 the EB3(IN/CH/PH) dates retrogressed to 1st Jan.2002. I believe this is what Coopheal is trying to convey. Not 'Addition', not 'Introduction', but just 'Retrogression' :-)
pani_6
06-18 11:31 AM
one years wait for EAD and AP..I thought they are supposed to give us EAD in 70-90 days according to some law??...
tooclose
08-11 10:48 AM
Hopefully they might be waiting to approve both AP and 485 together. (I am thinking they might have taken the amount on AP already)
Take an info pass appointment to get more details if it is close to you.
I am in Mar first week PD and hence dont know whether my PD is current yet (Aug VB). Planning to wait for the first week of September before taking an infopass appointment.
Take an info pass appointment to get more details if it is close to you.
I am in Mar first week PD and hence dont know whether my PD is current yet (Aug VB). Planning to wait for the first week of September before taking an infopass appointment.
