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  • jsb
    02-04 03:37 PM
    :) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...

    Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...

    I think you still need to pay, but if and when you file tax in your country (with which US has a treaty), you can get credit for these payments. For example, if a Canadian works here (and maintains Canada's residential status), he/she has to pay all US taxes, SS, medicare etc, but while filing Canadian taxes (where he is not required to pay SS but has to pay income and other taxes), he/she can get credit for US payments. Therefore, if he/she returns back to Canada without completing 40 quarters, not only his/her US SS/medicare contributions are lost (barring some payments, which are nothing more than a pocket allowance, based on another treaty), he/she did not make contributions to Canadian system, thus lowering future Canadian payouts.

    I am a CDN citizen, so I know it a bit better.




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  • waitingnwaiting
    09-30 11:08 AM
    Are EB2 Indians Losers and EB3 Indians locusts?

    I found this in Chinese group.
    http://www.mitbbs.com/article_t/EB23/31240163.html

    Copy this URL in any web translation service and you will see.


    Title: initiate talk about 7% - 10%, and recapture of EB2 / 3 CI of letters points: BBS Unnamed Space Station (Sat Sep 25

    7%- 10% 和recapture对EB2/3 CI Gods now put forward two options, initiate talk about 7% - 10%, and recapture of EB2 / 3 CI effect.

    1 7%- 10% 17% - 10%
    This program is not the pie bigger, just change the way the bread. Winner:EB3C; Loser: EB2I Winner: EB3C; Loser: EB2I
    对EB3C明显利好,估计通过的话,2 ,3年EB3C 可能赶上EB2C!!! Significantly positive for EB3C estimated through, 2, 3 EB3C could catch EB2C!!!
    对蝗虫一样的EB3I基本 意义,多1200基本名额杯水车薪。 EB3I on the same basic meaningless locusts, drop in the bucket more than 1200 basic quota.
    对EB2C短期难以预料,长期略有好处。 Difficult to predict on the EB2C short and long-term slight advantage. 这个方案本质上是把全世界剩余名额给中印墨菲三类多给1200个。 The program is essentially the world's remaining three places to give Murphy and India 1200. 因为以前全世界剩余名额全给了中印二类,现在中印二类 少了约5000个! The remaining places in the whole world because in the past to the second category in India, China and India are now two categories for about 5000 less! ! ! ! ! ! ! 。 . 虽然中国二类多了1200基本名额,但由于中印捆绑,EB2C从剩余名额分的 更少了! Although China's 1200 basic quota of more than two categories, but because India bundled, EB2C points from the remaining places for even less! ! ! 长期来讲,经济恢复后,剩余名额会减少很多,EB2C多的1200也许能够补偿从剩余名额少分 的数额。 Long term, economic recovery, the remaining places will reduce a lot, EB2C 1,200 more places may be able to compensate for a smaller share from the remaining amount.
    EB2I, BIG LOSER! EB2I, BIG LOSER! ! ! ,其他国家多的, 是EB2I少的! , Many other countries, is EB2I less! ! ! ! ! ! !


    2 Recapture 2 Recapture
    把饼做大了,对所有的人都有好处。 The pie bigger for all the people are good. 如果把自2000年浪费的名额拿回来,全世界二类、三类都没有排期! If the waste places since 2000 to get back to the world II, III are not waiting! ! ! ! ! 这个方案对EB3I影响最大,因为EB2C/I 还有盼头,EB3I已经在深渊里呆着了! The greatest impact on the EB3I this program, because EB2C / I also rewarding, EB3I has been left alone in the abyss!



    大家可以理解谁在大力鼓动两方案了吧,没有 缘 故的爱,也没有 缘 故的恨啊。 We can understand the two programs who strongly encouraged it, no love for no reason, no reason to hate missed ah.




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  • fatjoe
    03-17 11:33 AM
    My husband recieved a transfer notice for his I-485 from TSC saying that the
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
    I will greatly appreciate any help with this.
    Thanks.




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  • Raj_2009
    12-16 03:37 PM
    Hi experts,

    I need some expert advice for H1B transfer case and vacation plan.

    Background:
    I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.

    Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.

    Legal opinion
    But my attorney says that

    1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
    2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.


    Questions:

    But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.

    I have few below questions regarding the situation that I have. Kindly answer my questions..

    1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
    2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?

    3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
    4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
    5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
    6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.


    Kindly provide your honest opinions so that I can take my decision for my future.

    Thanks,
    Raj



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  • rpat1968
    03-09 12:04 PM
    Per Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) the visa numbers for EB2 and EB3 - India & China to Stay at Current Levels in year 2007.
    (Post from http://www.murthy.com/bulletin.html )

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    This means it is much more important and essential to get Congress to allot more numbers for Legal Immigration or lease we will be struck with this in GC black hole for years to come.

    Guys wake up and start talking to Senators, Congressmen. Get your employers to send letters to Congress. Help IV by contributing and increasings IV membership, spread the word among you foreign friends , students.

    Raj




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  • pal351
    05-27 04:35 PM
    I called and my employer called them. they said case is ending no further info. is available.

    thanks for replys.



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  • Green.Tech
    09-17 12:02 PM
    if you can find such a company...nothing like it!

    but how many have such flexible policies..;-)

    I agree! Not many firms out there that are flexible in this case.




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  • busy
    03-08 10:05 PM
    Hi,

    My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.



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  • gc_check
    03-10 07:55 AM
    I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.

    In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.

    Please let me know if anybody had this situation.

    -Success.

    Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.




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  • saimrathi
    07-09 12:46 PM
    PLease post the link..

    DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!



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  • purgan
    10-14 05:13 PM
    Canada attracting educated and highly skilled immigrants
    12 October 2006

    Canadian immigration policy is doing a good job of attracting skilled immigrants to this country, a Queen's University expert said. The U.S. Senate recently invited Economics professor Charles Beach to provide testimony as part of a major debate on U.S. immigration policy, driven by the large number of illegal immigrants in that country.

    Beach told a U.S. Senate committee recently that the growing importance of education, business and work experience as admission standards to Canada has significantly raised the education levels of the 230,000 immigrants who come to Canada annually.

    The result is a group of new immigrants who are better educated and experienced, younger and more fluent in either English or French than the whole immigrant population.

    Only about 20% of U.S. legal immigrants - one-third the level of Canada - enter the country under independent or economic status based on rules which reward education and work skills. The study did not deal with another touchy issue: making sure that more of these well-educated newcomers get jobs to match their skills.

    Some U.S. politicians are considering joining Canada and many other countries in adopting a similar point system tied to credentials.

    Beach said "Ironically, our findings have attracted more interest south of the border than from government officials in Ottawa."

    Beach said in a separate interview yesterday that Canada has to do a better job of recognizing the credentials of foreign-born professionals and easing the transition to the Canadian job market. "Some training, adjustment and wage subsidy programs were cut because of government deficits in the mid-1990s. I think that is a factor in the slower integration of some well-educated immigrants."

    The study found that those with university and post-graduate degrees jumped to 34% of all immigrants in 2000 from only 8% in 1980, while the proportion with only a secondary school education dropped from 59% to 35%.

    The proportion with college or related training was flat at 16%, while the balance has little formal education.

    The reason for the big shift is that 59% of all immigrants in 2000 entered Canada under independent or economic status determined by a point system - up from 35% in 1980.

    The proportion that entered under family unification status dropped from 36% to 27% and those who entered under humanitarian or refugee status dropped even more sharply, from 28% to 13%.

    Beach, along with Professor Alan Green of Queen's and Professor Christopher Worswick of Carleton University in Ottawa, studied Canadian immigration after separating out the impact of business cycles and unemployment rates in Canada and the U.S. "It appears that changing Canada's immigration policy to the point system had the desired effect of improving the quality of skill attributes of incoming immigrants," Beach said.

    The point system has gone through many changes over the years, giving greater weight to education levels, work experience, the age of entrants and their fluency in English or French. It will likely change again in the future to attract more skilled building and industrial trade people.

    Opening the immigration door wider - always a touchy political issue - has a small but negative impact on education levels.

    Increasing the total number of immigrants by 100,000 per year - about 35% - reduces the average education of economic immigrants by 2.6% and increases the average age by 1.7%. Canada has a current target of attracting and approving 200,000 immigrants annually.

    Last year, approximately 240,000 immigrants were granted visas. There has been discussion during the past summer of increasing the official target to 300,000 annually, in part a response to slightly off-setting Canada's low birth rate.

    But increasing the portion of economic immigrants by 10% raises the education and language levels, and reduces the age of all immigrants by about 2% each.




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  • rbashir
    09-01 09:18 AM
    I am sorry for posting it multiple times, but I do really need some guidance, and some information I am hoping somebody may help me in my RFE.



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  • eb3_nepa
    03-17 12:07 PM
    bkam, just out of personal curiosity, what is ur plan B. Just for my personal Info.




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  • svreddy
    03-05 09:34 AM
    also in same situation. Recently did a interfile from EB3 to EB2 ( diff employer ). No update yet. There is a soft LUD on my I 485 but no update in status. Did any one ported recently ?

    Thanks



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  • sk.aggarwal
    05-20 12:11 PM
    I think you can apply for H1 before 12 months but requested start date in LCA should be 12 months from the day you last left US




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  • bigboy007
    11-05 04:15 PM
    Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
    Forget about congress.. Immigrantion reform should start with us Immigrants if we dont go and meet atleast our lawmakers who will help us ?



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  • sk.aggarwal
    04-05 01:39 PM
    Glad you got yours PWD. Mine was filed in first week of Feb .. still waiting ..




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  • mhtanim
    06-08 02:44 PM
    Wow...another LUD today. So far this is what happened: after sending RFE response, I got 1st LUD on 06/02/2009 with message change.

    Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009, 06/08/2009

    My PD is not current and my application cannot be approved at this time. Not sure why I am getting so many LUDs.




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  • jonty_11
    08-03 05:57 PM
    Yes you can apply today , per Aug bulletin it's all "U" , forgot about that !!!!
    it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..




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    02-13 01:09 PM
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    bitzbytz
    05-12 06:47 PM
    waiting...



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