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  • Tito_ortiz
    12-04 04:46 PM
    Bring it on !! Hurray !!

    This appeared in todays Business Standard Newspaper in India. Atleast, the issue came up for discussion.

    Here it is.
    --------

    The United States today indicated that it was willing to consider setting up of a joint technical working group to address the issues coming in the way of finalising a totalisation agreement with India.

    New Delhi, on its part, has made it clear that it is not agreeable to the US stance of linking the requirement for a social security net as a precursor to finalising the agreement. India also made clear that it was adopting a calibrated approach to further opening up of the retail and financial services sector.

    Indians working in the US have to mandatorily contribute to social security benefits but are unable to repatriate the same when they leave the US, in the absence of a totalisation agreement between the two countries.

    The issue was discussed at a meeting of US Under Secretary for International Trade Franklin Lavin and Commerce Secretary G K Pillai in the capital. Commerce ministry officials said the Indian side pointed out that New Delhi had signed totalisation agreements with countries like Belgium and France, which had not set any pre-conditions.

    �It was pointed out that India, which is a developing country, effectively gives a grant of $500 million to the US in the absence of a totalisation agreement. The US has indicated that it will soon have a video conferencing on the matter with senior Indian officials,� an official said.

    In response to the US demand for further opening up of the financial services sector, the commerce ministry pointed out that India was adopting a calibrated approach on the matter.

    �It was pointed out that the Reserve Bank of India has finalised a road map for the gradual opening up of the sector by 2008,� an official said, adding that New Delhi raised the issue of absence of a level-playing field for financial institutions in the US.

    �A foreign bank wanting to open more branches in India only needs to obtain the permission of the Reserve bank of India. However, an Indian bank wanting to open up branches in the US has to go through the American federal system and then a state regulatory system,� an official said.

    Banks like State Bank of India and ICICI have long pending applications for opening more branches in the US.

    India also raised the issue of extending protection to its traditional knowledge under the patent regime in the US.





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  • Siboo
    07-27 05:07 PM
    Man u guys are faaaaaaaaaaaast!!!!

    BTW, talking abt F5...I have lost the white ink on the F5 key..its all blank now.....seriously not kidding, and also some dead skin on my index finger.......cheeeeeeeers!!!

    Try F1 + F4 or F2 + F3 :D :D :D





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  • gc28262
    06-24 12:33 PM
    No way CIR or any form of amnesty for illegal will happen in the next few year.
    Immigration is one thing where majority of americans are united in controlling illegal population.

    It can pass Senate but House it will never pass.
    Moment CIR comes up, the right wing will arouse the masses. House members focus on more
    local issues and in many districts people dont want illegal amnesty or CIR. They want a crackdown.

    Democratic members in the House will never pass CIR against a Republican opposition otherwise they will pay a heavy price in the election.

    In fact democratic party was able to get the house by selecting conservation candidates in the
    conservative districts. Thats was the Howard dean/Rahm emanuel strategy. Select candiates who can win rather than candidates who are steadfast with core democratic party principles.
    Thus you have democratic party members like Jim Webb who are adrent supporters of the NRA
    (pro guns) in a state like Virginia.

    If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.

    IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.





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  • nrk
    10-26 11:39 PM
    Sending it to DOS would be a problem ??


    But why are they sending it to DOS unless you file for Consular processing?



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  • file485
    12-20 01:18 PM
    guys..

    my question in all this excitement..

    2yrs on h1 + 5yrs on h4 is eligible for 4yrs of H1...??!!

    please post...





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  • yabadaba
    12-13 03:31 PM
    once the comment period for the new rule eliminating labor substitution starts, I will start a new thread and start a letter writing campaign by like minded members urging DOL to quickly enforce this rule.



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  • wahwah
    06-05 02:59 PM
    andy garcia,

    its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.

    it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:

    In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).

    The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).

    and by the way...here is the Q1, Section 1 page the memo is talking about....

    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it’s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]


    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.





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  • Dhundhun
    01-10 07:15 AM
    IV friends,

    Sub: Immigrant requiring info on Maternity insurance.

    I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.

    What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org

    Also please provide me info, if any, on hospitals which provides maternity insurance.

    Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.

    Thanks in advance.

    Thanks,
    Shamu


    ** for pregnant with individual health insurance which does not cover maternity.

    What I know about America that if you don't have money, hospitals are supposed to take care, if you have money, hospital will squeeze every penny.

    Once I spent over a month trying to find solution: Could not get: for a female it seems to be mandatory having maternity insurance otherwise, after pregnancy, no one insures.

    I thinks people lack information in this context, so you are not getting responses.



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  • Sakthisagar
    10-28 01:11 PM
    Brush up your General Knowledge, look around you. If you see, there is a priority date on my post - Infy does not sponspor GC's, atleast not with those priority dates in EB2 category. Can you deduce what that implies?

    You are thinking only about the small percentage of "lost Indians" (including me) who are in this mess - if you really think about your motherland (and mine), help guys like NRN get a good infrastructure in place. By ridiculing him, what are you trying to say? had you been in his place, what would you have done? Settle here immediately, and launch a daily "freighter" to bring all Indians to US? What desh bhakti!

    tonyHK12 rightly said - "look around" - dont get blinded sitting in front of the computer with just one site to visit ;) Look at the good things that someone does, take the positive things out of everything, respect every being - that is what the religions say - if you really believe in one. Wake up buddy - may God bless you!

    BTW, if you ask the Hindu "pundits", it is not a religion at all, its more than just a religion!


    Yeah... very good, now there is two.... this is the proof why EB is not moving or why there is no unity. Keep on arguing and disunite that is the usual desi NRI habit. especially people in USA.

    Brush your GK about Hindu religion.. and this word is just phrased by a Irish Padri just to fool Hindus and you become a trap of it.. I pity Wake up and dont be in a fools world!





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  • ebizash
    10-03 10:32 AM
    Thats great! Sorry I have been down with Flu and that why could not reply to your earlier questions about LUD on 10/1. I have not received any LUDs since 9/29. Hopefuly I will see some action in next week or so.

    Just a quick update on AP Case- Today the e filed application got approved The total time it took is about 10 days from filing to approval.


    e filed on Sept 23 and approved on Oct 2



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  • desi3933
    07-19 12:17 PM
    I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
    1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
    2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
    3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
    4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
    5. After delays received SS card in March' 06.
    6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
    7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
    8. Continuous paychecks since jun '06
    9. Haven't traveled abroad after getting H1B approved.
    9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.

    So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??

    Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.

    Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.

    It seems that she was out of status.


    ______________________
    Not a legal advice.





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  • plassey
    08-23 11:14 AM
    IV is not a help group. If some one want to join a help group then go join a "Depressed people Organization". This is a make happen group, where we all fight for what is right. But unfortunately, we are just as strong as number of people actively supporting.

    He did everything right and followed the process but now for a VERY stupid reason, he has to wait for 6+ years now. So, the simple question I ask now is what justice it is by having such a complicated Green Card process full of so much uncertainity and unfairness.

    Thus, this guy of course should do all what you stated but must do much more, which is stand up for himself.




    How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.



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  • blacktongue
    10-29 09:58 AM
    Has anyone polled to see if it is everyone or only EB2 case, any service center, country.





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  • bharol
    08-18 02:22 AM
    how does one know NC is cleared? do you see an update?

    If you were July/Aug filer, it does not matter even if it is not cleared...


    ...180 day rule, thanks to IV efforts.



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  • manishi
    11-18 04:05 PM
    I filed on july 23rd got ead & AP but did not get FP. After reading this thread and seeing the patterns i think that if your application is processed by the center where it has to originally go then you get your FP quickly but in cases where your application went to original center and then that center sent to other centers for EAD and/or AP then their FP's is getting delayed, like my self.
    I also have another problem. I changed address just after applying for I-485.I think FP is NOT dependent on PD's and or address change.

    This is just my 2 cents.





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  • dpp
    08-10 12:29 PM
    Small change :)

    Everybody (not just Perm) filers hate LS guys as they went ahead of line...
    Backlog guys hate Perm filers as they went ahead of line... This is not true. How come PERM filers can go ahead in line.
    Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
    ....and it goes on. This is true :)
    This shit never ends!!!:(

    Strangely, everything is done within the scope of law!



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  • newuser
    11-27 02:58 PM
    Thanks for the update.

    Go IV





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  • madhu345
    05-22 04:28 PM
    May be its a message for every one on ther other side of the border to sneak in :)





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  • dpp
    07-19 02:56 PM
    It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.


    Thanks for finding the link. I remember reading it some time in the past, but couldn't find it.

    dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?





    pom
    02-10 03:01 PM
    Originally posted by Guig0
    how come we have more votes than posters? :-\ Maybe Eilsoe cheated? :evil:





    485Mbe4001
    01-19 08:05 PM
    Posted letters to President and IV today. Contacted my company HR on friday, they expressed support, but i am not sure if they will mail a letter.



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