Tuesday, June 14, 2011

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  • Hermione
    09-25 03:52 PM
    My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......

    As soon as she starts using her EAD, she will lose her H4 status and will be in authorized presence. That is kind of a temporary presence based on her pending I-485 (neither EAD nor AP provide any additional status), which is not status, but perfectly legal. When she travels with AP, she may either get admitted as H4 again (and lose it again when she starts working), or she may be paroled into the US, which means that she will be in authorized presence.





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  • spicy_guy
    11-24 04:47 PM
    I prefer in this order.

    - WellsFargo Money Transfer Service
    - SBI
    - ICICI





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  • jayleno
    06-20 08:05 AM
    I don�t know about the port of entry, but for EAD and AP they might insist. You must have read my earlier post. In my case they had enough evidence to verify that I had a 485 application pending, but they still chose to send it back. I guess it also depends on the knowledge of the person handling your case. The only way to find out for sure is to apply and see if they send it back. Are you the primary applicant in your case or is it your husband? My lawyer said they did not get the 485 notice for 1 year now, but I know for sure that he has it.

    I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.


    I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??

    Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.

    Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...

    Thanks





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  • vin13
    03-11 03:20 PM
    Hi All,

    EB3-ROW PD: June 6, 2005
    AOS application sent: July 1, 2007
    I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

    My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

    Thanks a lot for all your support!!

    I changed jobs twice using AP. I filed AC21 first time. I did not file AC21 when i moved the second time. I am no longer on H1-B.

    I entered US on AP couple of months ago. Passport and AP document are all you need.

    At POE, I let the IO know that i am entering on AP. If not they may start to look for visa in the passport. Hand over the AP documents and passport. I was sent to secondary inspection(typical for AP holders. nothing to be concerned). They take the documents at the secondary inspection and ask to wait. Few minutes later, they call me and give me a stamped AP document, I-94 and passport.

    My sincere advise, also take I-485 receipt notice, I-140 approval document, employment letter from current employer (few words describing your job duties and when you started),
    and current pay stubs. All these are supporting documents only if they ask.

    Changing jobs without informing USCIS is OK when you are using AC 21. There is no rule that you need to inform job changes.

    Another smart thing to do would be in the employment letter also mention that this job is similar to the one applied for your green card. Again these are not mandatory just a good supporting document.



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  • EkAurAaya
    03-19 10:23 PM
    There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)

    If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000


    When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.

    I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!


    More over are you making any money on the property sale now a days?!



    FED allows

    Thanks for confirming! No i m not looking to sell in this market :D (although if i have to sell i will still break even) i have a rental property that i was thinking of selling early last year and the lawyer mentioned this to me... so i wanted to confirm!





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  • joshraj
    10-11 03:28 PM
    Thanks Shirish :)



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  • NNReddy
    11-19 11:53 PM
    Travel thru UK on advance parole. Did anyone travel thru UK on advance parole. Do you know if you can travel thru UK on advance parole(with UK TRANSIT OR VISIT VISA). Do you need to have USA VISA STAMP.





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  • GotFreedom?
    07-20 01:50 PM
    If your I-485 is already approved, you already have a GC (your status is permanent resident) regardless if you have the physical card in possession or not. You do not need EAD to work in the US. You are allowed to work wherever you may choose without worrying about work authorization. Your GC is your work authorization as well.

    Sorry to hear about your job loss. With I-485 already approved, you should be able to apply for the unemployment benefits but I do not know what kind of implications it might have when you go for citizenship. I beleive, you are elegible to reap the benefits of the social benefits even if its considered burden.



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  • dpsg
    03-28 05:48 PM
    I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.

    Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
    It is more complicated/different and there are forums which knows the issues clearly and are adressing them





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  • purgan
    01-22 11:35 AM
    http://hbswk.hbs.edu/item/5585.html

    The Immigrant Technologist:
    Studying Technology Transfer with China
    Q&A with: William Kerr and Michael Roberts
    Published: January 22, 2007
    Author: Michael Roberts

    Executive Summary:
    Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S., and are prime drivers of technology development. Increasingly, however, Chinese technologists and entrepreneurs are staying home to pursue opportunities. Is this a brain drain? Professor William Kerr discusses the phenomena of technology transfer and implications for U.S.-based businesses and policymakers.

    The trend of Chinese technologists and entrepreneurs staying home rather than moving to the United States is a trend that potentially offers both harm and opportunity to U.S.-based interests.

    Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S. and are strong contributors to American technology development. It is in the United States' interest to attract and retain this highly skilled group.
    U.S. multinationals are placing larger shares of their R&D into foreign countries, around 15 percent today. U.S.-based ethnic scientists within multinationals help facilitate the operation of these foreign direct investment facilities in their home countries.

    Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S., and are prime drivers of technology development. Increasingly, however, Chinese technologists and entrepreneurs are staying home to pursue opportunities. Is this a brain drain?


    Q: Describe your research and how it relates to what you observed in China.

    A: My research focuses on technology transfer through ethnic scientific and entrepreneurial networks. Traditional models of technology diffusion suggest that if you have a great idea, people who are ten feet away from you will learn about that idea first, followed by people who are 100 miles away, and so forth in concentric circles. My research on ethnic networks suggests this channel facilitates faster knowledge transfer and faster adoption of foreign technologies. For example, if the Chinese have a strong presence in the U.S. computer industry, relative to other ethnic groups, then computer technologies diffuse faster to China than elsewhere. This is true even for computer advances made by Americans, as the U.S.-based Chinese increase awareness and tacit knowledge development regarding these advances in their home country.

    Q: Is your research relevant to other countries as well?

    China is at a tipping point for entrepreneurship on an international scale.A: Yes, I have extended my empirical work to include over thirty industries and nine ethnicities, including Indian, Japanese, Korean, and Hispanic. It is very important to develop a broad sample to quantify correctly the overall importance of these networks. The Silicon Valley Chinese are a very special case, and my work seeks to understand the larger benefit these networks provide throughout the global economy. These macroeconomic findings are important inputs to business and policy circles.

    Q: What makes technology transfer happen? Is it entrepreneurial opportunity in the home country, a loyalty to the home country, or government policies that encourage or require people to come home?

    A: It's all of those. Surveys of these diasporic communities suggest they aid their home countries through both formal business relationships and informal contacts. Formal mechanisms run the spectrum from direct financial investment in overseas businesses that pursue technology opportunities to facilitating contracts and market awareness. Informal contacts are more frequent�the evidence we have suggests they are at least twice as common�and even more diverse in nature. Ongoing research will allow us to better distinguish these channels. A Beijing scholar we met on the trip, Henry Wang, and I are currently surveying a large population of Chinese entrepreneurs to paint a more comprehensive picture of the micro-underpinnings of this phenomena.

    Q: What about multinational corporations? How do they fit into this scenario?

    A: One of the strongest trends of globalization is that U.S. multinationals are placing larger shares of their R&D into foreign countries. About 5 percent of U.S.-sponsored R&D was done in foreign countries in the 1980s, and that number is around 15 percent today. We visited Microsoft's R&D center in Beijing to learn more about its R&D efforts and interactions with the U.S. parent. This facility was founded in the late 1990s, and it has already grown to house a third of Microsoft's basic-science R&D researchers. More broadly, HBS assistant professor Fritz Foley and I are working on a research project that has found that U.S.-based ethnic scientists within multinationals like Microsoft help facilitate the operation of these foreign direct investment facilities in their home countries.

    Q: Does your research have implications for U.S. policy?

    A: One implication concerns immigration levels. It is interesting to note that while immigrants account for about 15 percent of the U.S. working population, they account for almost half of our Ph.D.-level scientists and engineers. Even within the Ph.D. ranks, foreign-born individuals have a disproportionate number of Nobel Prizes, elections to the National Academy of Sciences, patent citations, and so forth. They are a very strong contributor to U.S. technology development, so it is in the United States' interest to attract and retain this highly skilled group. It is one of the easiest policy levers we have to influence our nation's rate of innovation.

    Q: Are countries that send their scholars to the United States losing their best and brightest?

    A: My research shows that having these immigrant scientists, entrepreneurs, and engineers in the United States helps facilitate faster technology transfer from the United States, which in turn aids economic growth and development. This is certainly a positive benefit diasporas bring to their home countries. It is important to note, however, that a number of factors should be considered in the "brain drain" versus "brain gain" debate, for which I do not think there is a clear answer today.

    Q: Where does China stand in relation to some of the classic tiger economies that we've seen in the past in terms of technology transfer?

    A: Taiwan, Singapore, Hong Kong, and similar smaller economies have achieved a full transition from agriculture-based economies to industrialized economies. In those situations, technology transfer increases labor productivity and wages directly. The interesting thing about China and also India is that about half of their populations are still employed in the agricultural sector. In this scenario, technology transfer may lead to faster sector reallocation�workers moving from agriculture to industry�which can weaken wage growth compared with the classic tiger economy example. This is an interesting dynamic we see in China today.

    Q: The export growth that technology may engender is only one prong of the mechanism that helps economic development. Does technology also make purely domestic industries more productive?

    A: Absolutely. My research shows that countries do increase their exports in industries that receive large technology infusions, but non-exporting industries also benefit from technology gains. Moreover, the technology transfer can raise wages in sectors that do not rely on technology to the extent there is labor mobility across sectors. A hairdresser in the United States, for example, makes more money than a hairdresser in China, and that is due in large part to the wage equilibrium that occurs across occupations and skill categories within an economy. Technology transfer may alter the wage premiums assigned to certain skill sets, for example, increasing the wage gaps between skilled and unskilled workers, but the wage shifts can feed across sectors through labor mobility.

    Q: What are the implications for the future?

    A: Historically, the United States has been very successful at the retention of foreign-born, Ph.D.-level scientists, inventors, and entrepreneurs. As China and India continue to develop, they will become more attractive places to live and to start companies. The returnee pattern may accelerate as foreign infrastructures become more developed for entrepreneurship. This is not going to happen over the next three years, but it is quite likely over the next thirty to fifty years. My current research is exploring how this reverse migration would impact the United States' rate of progress.

    About the author
    Michael Roberts is a senior lecturer in the Entrepreneurial Management unit at Harvard Business School.



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  • i-serf
    04-20 04:46 PM
    I am on H1/valid I-94/ expired visa/ I-140 in progress.
    My NJ license is set to expire in about two months.
    Given the recent situation with MD state bill HB387 is anybody in the saimilar boat, and what avenues do we have?





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  • perm2gc
    07-27 03:11 PM
    Hello Gurus,
    I am a first timer posting in this fantastic forum.
    I am in a very confusing situation wherein I need your help

    EB2 priority date: April 2007
    I 140 approved.
    I 94 expired in August 2010

    So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
    I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
    I am presuming its related to the client's letter.
    My lawyer said that we can open a MTR within 30 days.

    What are the options and todo list I have?
    1. I have a very good rapport with the client and I can get the client's letter.
    If I get it, how long will it take to approve my case?

    2. I am still working. Is it legal if I work as long as the appication is being processed.
    3. Once I get my EAD, will it matter if H-1B gets rejected?

    Please help me!

    1. MTR process takes one year.
    2.If you have EAD you can work,otherwise you cannot work.
    3.No unless your spouse also has no EAD.



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  • krishmunn
    01-24 02:40 PM
    Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??


    Thanks,
    Prasad.

    Probably around April 2007. I was hoping it will clear till July 2007 but does not look like





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  • eb3retro
    09-14 03:50 PM
    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.

    frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.



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  • HereIComeGC
    03-26 02:07 PM
    I wish this date business was like the money market - we could have done some Technical Analysis, drawn some Fibonacci expansions, looked at Bollinger Bands, plotted the MACD and RSI along with the Fast & Slow Stochastics and PSARs with the Pivot Points and trend lines ...

    But it is nothing like that... it behaves like every day is a news day - and hence - all analysis fails ... things work on sentiments...

    Even NASDAQ could be more predictive than this...

    I beg to differ my friend. Stock market now a days is also run pretty much on sentiments without logic. One day up 300 next day down 300...pretty much like USCIS!!





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  • GCard_Dream
    09-15 04:31 PM
    I am not sure if this is entirely true. Yes we can't vote but folks who are pro-immigrant can and they will decide if legal immigration is good for this country or not. Trust me, if everyone was against legal immigration in this country then none of us would be here in the first place. Everyone knows that there is a shortage of labor and migrants are needed to fill the jobs.

    Why do you think most of the minorities vote for democrats? One of the reason, amongst various others, is that people think of democrats as pro-immigration party. In fact that's one of the reason I like dems.

    Because of this 9/11 case, everyone is kind of worried about the security and it makes sense. Americans want to get a handle on who is coming in and who is going out and I can't and won't argue against that. Everyone wants to live without the fear of terrorism and that's understandable.

    To make long story short, there are plenty of people who will vote based on what the candidate's standing is on the immigration. In fact, that's precisely the reason house didn't bring up the immi bill this year because they didn't want to have their candidates vote one way or the other on the immigration issue and have to explain that to voters in couple of months.

    Everybody knows about legals and illegals. Will it gain any grounds for them to get big vote this november is important. The SKIL bill or any legal provisions in the CIR will not fetch even a single vote for them. In fact it MAY reduce the vote from anti immigrant groups if they add anything for legals.



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  • AttelsActuasy
    02-27 11:53 AM
    pozycjonowanie (http://www.clpik-studio.com)





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  • san3297
    11-10 01:52 PM
    Anyone came across this scenario...





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  • wandmaker
    12-07 11:19 PM
    I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.

    Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!

    (1) You can renew your EAD while you are outside the country (2) you should come back before your AP expires or get back with the valid visa (3) if you e-file your EAD you will get a finger printing notice, you will have to goto ASC to give your picture. Paperfiling does not trigger EAD unless your FP expires, which is usally 15 months from your last FP.





    pdakwala
    05-25 08:34 AM
    Here is the list of phone numbers, fax numbers and emails. Sending fax only is not enough. Please call the senators and talk to their staff. Request them to oppose Bingaman's amendment. The script on talking point is available on the website. Please use that.

    Cheers





    msyedy
    12-20 09:36 AM
    Masti Gai..

    Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.

    Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
    with you.

    All these legal question can be answered by a Lawyer than this forum.

    Ask a lawyer... you will be satisfied



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