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  • deecha
    02-26 02:28 PM
    Follow your own advice. You are incorrect here.

    Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.

    Rules are different if I-485 application is filed based on marriage to US citizen.



    __________________
    Not a legal advice.

    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.





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  • pappu
    07-28 12:09 PM
    I dont know whether IV could raise this issue or members of each state could talk with the DMV (highest official) or even the governor of the state so that this ridiculous rule which is causing a lot of pain to lot of our members is taken care off. They introduced this rule to keep away people who are out of status to renew the lisence. For that they only need to check the visas / other documents and need not require the person to retake the whole test. The DMV claims that this is required because as of the date of expiry of your (non renewable) lisence, you actually dont have a lisence to renew and therefore have to redo the whole thing.

    Good idea. It is something state chapters can take up as an issue and take it to the local authorities. Michigan chapter had successfully done some advocacy effort. Those members can provide guidance if you are interested in taking it up in your state. IV will also help as needed and put its weight behind you, once you take it up as your action item at chapter level.





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  • anzerraja
    02-11 01:42 PM
    PM Me.

    Hi Folks,

    What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.

    USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
    I guess USPS is claiming 6-10 days (guess no gurantee) to india.

    Other couriers seems to be $70+ (FedEx, UPS, DHL)..

    Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?

    Need to get docs for an interview for parents on Feb 26th in Chennai...

    Thanks in Advance for your reply !!





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  • DDLMODES
    07-18 09:26 PM
    If you did PERM (only then can you file concurrently)

    Who said that concurent filing is available for PERM only ???

    That is not true right ????

    Somebody please clarify !



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  • punjabi
    10-09 04:20 PM
    I would suggest you to consult an attorney! If you talk to a different IO, he might listen to you. People in USCIS are confused from this confusion of July 2 event.

    An attorney might help. Or if this is only a money-issue, I would simply go ahead and "donate" USCIS with higher fee. At least the application will be accepted.

    Good Luck.





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  • gauravster
    10-04 03:18 PM
    1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).

    2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.

    3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.

    4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.

    But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.



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  • Caliber
    05-03 11:56 AM
    One thing they can agree on is covering their own a**.

    i4u, Please think back if this is the language we use on Lawmakers of this great country.





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  • InTheMoment
    06-09 12:52 PM
    I would love to believe that - some predictabilty in the assignment of files to AIO's - but that is certainly not true atleast from what we see from data !


    Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
    Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
    Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
    This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.

    -------------------------------------------
    India EB3- PD: June 2003
    Contributed $480 + Monthly Recurring contributor.



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  • zinc
    07-17 06:57 PM
    Great job Guys...way to go. We can accomplish a lot if we work together.
    All the best to all!!!

    Thanks for making a purchase with Google Checkout! Immigration Voice will process your order shortly.

    Order Details - Jul 17, 2007 16:21 GMT-07:00
    Google Order #9502434335xxxxx
    Shipping Status Qty Item Price
    Not yet shipped 1 Contribute 100





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  • go_getter007
    12-12 07:53 PM
    Could you please throw some light?

    GG_007


    Fellow IV members who have their GCs approved and some of those who are still waiting:

    I have a few questions on how my brand new GC will help me in my situation..

    My current project is ending 12/31 and I have about 20 PTO days left(yes, I get PTO from my desi employer)...Like many others I have signed a 'bond' with them that I will not leave them before july 2008.

    Now after my current project is over, can they force me to use my PTO? or ask me to go on unpaid vacation even if I'm willing to work for them if they have work for me...

    What if I get something on my own but my employer is not able to find work for me and pay me... Am I still bound by the contract I signed with them?

    Thanks for your inputs



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  • cpolisetti
    03-31 03:56 PM
    She was also available for Q&A earlier today on Washington Post. I am quoting one question and answer in particular. Probably she can help in more visibilty of our voice?

    Here is the link for todays Q&A:

    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html



    Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.

    I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?

    Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.



    Todays article:

    Most See Visa Program as Severely Flawed

    By S. Mitra Kalita
    Washington Post Staff Writer
    Friday, March 31, 2006; D01



    Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.

    They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.

    Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.

    But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.

    Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.

    Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.

    At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.

    Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.

    Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."

    In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.

    "If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.

    The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.

    Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.

    "Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."

    Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.

    It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.

    Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."

    Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.

    Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.

    Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.

    His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."



    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html





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  • Pagal
    10-17 10:19 PM
    Hello,

    I underwent two interviews at USCIS offices... be prepared with basic documents, but don't carry a suitcase full of documents and copies etc. The officer wants to ask you questions, not to your documents (otherwise, you would receive a request for documents only). Many people take attorneys with them (generally not necessary, if your case is clean).

    You can appear together for the interview. Be relaxed and answer only the questions asked (do not keep talking at length) to you. Let your wife answer any questions posed to her by herself. In case there are any documents that you do not have with you, the officer will give you enough time (typically two weeks) to come back and resubmit the documents.

    Good luck!



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  • rjgleason
    August 8th, 2005, 11:11 AM
    How aboutr a beautiful field of flowing grasses, perhaps with some stationary objects, like rocks, or a barn, etc. Great technique and a great shot!





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  • ronnie0479
    07-10 06:24 PM
    On June 9th, CIS provided the required data to VO. ????

    I think what he meant was July Visa bulletin was based on the data DOS had before CIS provides more data to DOS on June 9. if you see the July Bulletin was posted on June 8th , till that time DOS didn't has the info about spill over. Even i think the Dates might move further if not many years, i think it will at least move a bit more.



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  • BadDeal
    05-20 05:02 PM
    Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.

    If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).

    My situation is

    Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.


    Hello,

    I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.

    Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?

    Thanks!





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  • insbaby
    08-12 09:12 AM
    1. Check with your lawyer on this

    2. Do not send affidavit for Aug 20th. Then you end up with documents having two birthdates and affidavits for confirming both birthdates. Instead, just leave it and wait. You may or may not end up with an RFE.



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  • Leo07
    05-14 01:18 PM
    ^^^^^^^^^^^





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  • priti8888
    01-08 03:55 PM
    Is there any relation between biometrics and the final green card approval time?

    I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.

    Is that the case?

    not true. You can be approved only if your PD is current.





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  • ronhira
    10-11 10:55 AM
    It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.

    i agree with yabayaba.... there is no use of any campaign..... the only campaign law makers care @ is election campaign...... hold off till the end of elections.....





    jlander
    January 7th, 2005, 02:59 PM
    I take macro photographs of gems and jewelry to be sold on the Internet. Currently, I use a coolpix 5000 and get some pretty good photos from it. I use a light box and different light sources (fluorescent & incandescent) to capture color and color-changes in the gems.

    I just bought a d70 and now need a good macro lens for it. I tried the promaster 100mm macro (I think it is the vivitar lens) and it didn't work to well for me. My 1:1 macro images are all under exposed and not as clear as I have seen. They are actually blurry when blown up 100% on my monitor. I use a good tripod and stopped down to f22 to increase depth of field. If I pull back a bit, the images get better, but then I don't have the magnification I need.

    I take the photos on extra white laser printer paper and most of the time, use indirect 5000K fluorescent lighting in a light box. I don't understand why my 1:1 photos seem to be underexposed. The white paper looks gray and the gem is dark and dull. Photos taken with my coolpix 5000 look great. The background is white, and the gems are lively.

    After my disappointment with the cheap promaster lens, I made the decision to purchase the Nikon 105 Micro, but when I called to order it (from expresscamera.com), they asked me why I was purchasing a 35mm lens for my digital camera. They suggested the Sigma 105mm EX DG lens and wanted to sell it to me for $650. They said that this sigma lens was better than the Nikon for digital cameras and that the Nikon would also take underexposed photos. This could be that they just didn�t want to sell me the Nikon lens for $500 and wanted to sell me a $400 sigma lens for $650.:mad:

    I need a lens that will allow me to blow the photos up to 100% on my monitor and they will be clear and the gem needs to look like a gem and not a dark crystal.





    lee.cook
    May 20th, 2007, 12:09 PM
    Hello,

    OK so today I went out with my father to take some images in the countyside, got home, looked on the PC, and there is dust spots in the image!

    So I took a few more images of the sky (this seems to show up easily) and its still there.

    I took my lens off, and had a look in and there is loads off dust, I tried using little brush to get some off the dirt off, but its still there.

    I feel stupid about this, but, where is the sensor ? I can only see 2 mirrors, one I believe is the focus mirror.

    I found another mirror behind another mirror and believe its the sensor but unsure.

    I read that cleaning the mirrors has nothing to do with the output off the final image.

    This is what my image dust looks like.. http://img444.imageshack.us/img444/886/dsc1723hl7.jpg
    http://img444.imageshack.us/img444/6991/dsc1208am4.jpg

    As you can see, there is a dust spot in the upper top half off the picture.

    Could anybody recommend any cleaning solutions for this, I really need my sensor clean by Saturday as the start of the Isle of Man TT practice is here :)

    I can provide pictures if needed, thanks for reading.



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