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  • syedajmal
    11-03 11:21 AM
    I know of a old couple who put in their appl to extend, but it took an inordinate amount of time. They left the country even before the appl was approved several months later. When it came to visa renewal time in chennai, they got denied several times. Just my 2 cents

    Once she got 2 month stamped at POE and I applied for her extn. But she left even before they even could process the application. As per my attroney's suggestion, we sent a letter to USCIS requesting to withdraw the petition stating that she had to leave to care of settling the sale of her house (you can give some reason, but the point is to withdraw the petition) USCIS will send you a notice confirming your withdrawal and make sure you keep that in record so that your MIL can show in case of questions that may arise in future.

    HTH, good luck





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  • LostInGCProcess
    09-15 12:03 PM
    This is truly a great idea. We must show the 'family' face of our struggle. This country is built on compassion (at least that's what they claim in the mainstream media). Each one of us must send one family picture to the President of United States and urge him to take a closer look at the current USCIS process and make it better.

    I also urge to send a good family picture with kids. Definitely it must impact someone who would look at the pictures.

    Good Idea!!





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  • chanduv23
    12-21 08:01 AM
    What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.

    You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.

    Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.

    Try to sort it out with the employer. If employer does not explain, you can change employers, gettiing jobs is not difficult these days. If you think employer has cheated you on wages, contact DOL. But if the wage he mentioned on h1b petition and offer letter is what he is paying to you right now, but he orally agreed to pay you what you think he is paying, then he has conned you. Just be smart and move on, as the employer does not have ethics and "tells lies" to consultants on their salaries, he will face problems in future.





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  • jkays94
    05-03 11:40 AM
    Understood, I fully concur and if we remain on focus and on target with the message regarding legal immigrants we will get there. I will play my part by sending the reporter an email (as an individual incase the core has something in mind).



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  • manja
    01-18 01:09 PM
    Check out this website. It has all the information we all want:

    http://www.visataxes.com/





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  • prdgl
    06-17 06:19 PM
    I was under the impression that the bill have already died and its very hard that they will get the bill this year. I myself haven't applied my LC yet.

    After the seeing the June VB, I am deciding to move to another company which will file my LC ASAP because my current employer is dragging his feet.

    can anyone tell me that I should wait or should go ahead and change employer to file my LC, because if the bill's May15th cut-off date becomes effective, then I will have moved for no reason (all is waste)

    Your suggestions are highly valued.

    Thanks



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  • kriskris
    03-17 03:07 PM
    According to IRS
    http://www.irs.gov/newsroom/article/0,,id=179211,00.html
    If any member has ITIN, economic stimulus package benefit will not be given.

    You can definitely give it a try because when we went to apply SSN for my wife, they didn't ask for EAD even though we were carrying it. They might be able to give based on AOS, but I am not sure. You can give it a try since you have nothing to lose.





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  • sr77
    09-26 08:32 PM
    Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).

    That said, don't wait for USCIS. Be proactive and do all you can. I would suggest

    1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
    2. Open an SR.
    3. Do the above for your dependents if any.
    4. Make infopass (you have already done this).
    5. Contact local congress man/woman.
    6. Send mail to CIS Ombudsman
    7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.

    (more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)

    Good luck.

    Thanks for the advice. I appreciate your insight.

    I am going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.



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  • sss9i
    06-12 10:54 AM
    My question is:
    My I-485 is pending for more than 180 days and I have I-140 approval as well.
    I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.

    If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
    �Do I need to send AC 21 first before opting by the New Employer?
    Thank you.





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  • mhathi
    02-03 05:10 PM
    Tomplate,

    My lawyer had also asked me to keep 485 receipt and EAD with me, but I was not asked to show anything but my passport and the AP documents. They did not even ask for 485 receipts.

    Unfortunately I know this does not answer your question fully, but hope it helps even if a bit!



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  • Canadian_Dream
    11-17 12:38 PM
    Thread: If EB Reform happens it will happen in 2007
    We should instead call it "When will EB Reform Happen"

    1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.

    2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.

    3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.

    The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!





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  • gotgc?
    02-03 10:45 AM
    Hi All,

    I am planning to travel to India via London, UK. I am trying to see if it requires a transit Visa.

    I am on H1B/AOS status but without valid visa stamp and travelling with Advance Parole. I have checked the UK Consulate page UK Border Agency | Who is exempt from having to hold a direct airside transit visa? (http://www.ukba.homeoffice.gov.uk/travellingtotheuk/transitthroughtheuk/transitdocuments/exempt/) it mentions that Indian passport holders needs a transit visa but with following exemptions;

    one of them is a a valid Canadian Permanent Resident Card issued on or after 28th June 2002; Since I hold canadian permanent resident card, is it ok I can travel without UK transit Visa through UK? Based on this page, I thought so, but my travel agent said to double check eventhough I have a canadian permanent resident card, I am travelling to and from USA. Has any one done this before - travelled with canadian PR to/from USA through UK? Whom should I confirm with?

    Passengers exempt from the DATV requirement

    Holders of certain documents are, regardless of nationality, exempt from the requirement to hold a Direct Airside Transit Visa when transiting the UK.

    A transit passenger is not required to hold a transit visa if he holds, or a person with whom he arrives in the United Kingdom holds on his behalf:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country for which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country for which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which they last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or
    a diplomatic or official passport issued by Vietnam.
    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a valid visa for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998; or a U.S Visa Foil endorsed, "NOT A VISA. FOIL PREPARED AT DHS REQUEST" does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (for example, a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (for example, Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.



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  • chnaveen
    03-16 03:41 PM
    Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?

    Any 485 application based on a dependent status to the Primary will be decided based on the relationship. If the relationship breaks legally (through Divorce) before the final decision on the pending 485, the dependent's 485 application will be denied. But as you said, she is on H1 and has another GC processing solely in her name, that would not be affected at all with your divorce and also her H1 status too not affected.
    Dependent's current EAD based on your GC will also be revoked, but I am not sure whether EAD will be valid until 485 is denied.
    You may have to send your Divorce decree to USCIS mentionig about the Change of Status in your maritial Status and referring to your pending 485 Application receipt numbers including her application's receipt numbers.





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  • boston_gc
    02-23 09:53 PM
    I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

    Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

    I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

    Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...



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  • bheemi
    07-31 05:41 PM
    Unless you use AP to travel outside, you can work on EAD and status of H4 is not going to be affected..So dont fear, just pose the question to lawyer in immigration-law.com. Or else you can search in the advanced q/a in that website u may find answer..





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  • kandhu
    08-14 05:34 PM
    Congrats Wandmaker!

    Hope you will continue to Visit IV and help the community with your vast immigration knowledge.



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  • Libra
    09-14 03:38 PM
    DC ad..........on radio now





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  • CantLeaveAmerica
    03-28 09:48 AM
    guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.

    http://murthy.com/bulletin.html

    hoping big forward move.:D

    Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D





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  • validIV
    03-18 12:33 PM
    You have an EAD, so you can file the incorporation or founding of the company yourself. You do not need a partner. As for formation and dissolution fees for the business entity of your choice, you would need to research that by your state.





    Kumbakonam
    11-30 11:55 AM
    As the IO officers explained to you, instead of approving some other document(s), USCIS wrongly approved your I-485 application.

    Regards
    K





    snaidu
    05-29 04:11 PM
    AVS channel has an indian program every saturday starting 10am -12.00pm

    I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.


    If some one has contacts at AVS may be IV could get more coverage.

    Thinking out loud..



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  • nirenjoshi
    01-17 08:53 AM
    I had the same problem.. That you can file for ITIN only when filinf tax return. But the lady at the IRS office told me that if your spouse's name is added to an interest bearing account - say for example your savings bank account. Then IRS is required to assign an ITIN number to your spouse. There is a place to select the reason why you need the ITIN, on the form. You will need a letter from the bank that this person has an interst bearing account with us.. Thats all I sent and got the ITIN number for my wife.





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  • GCBy3000
    05-18 09:24 AM
    I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
    rgds,
    lfgc

    ...recd info fm the attorney's office...

    The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
    $2,190 for companies with 26 or more employees and $1,440 for companies
    with 25 or less employees, Office Expense $50.

    so, for extension...it may still be $900.

    I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.





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  • reddy77
    04-13 02:36 PM
    So did you answer the RFE ? ....

    Thanks Guys ..... Nah, I am still waiting for that, will update you once I got it ....





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  • pushkarw
    12-21 01:50 PM
    The omni-bus has come and gone! The MILLION dollar drive is a long term strategy. It aims to give IV enough funds to steamroll ahead. It will help IV become pro-active. Every time there is a ray of hope, IV has to come to us for money. A MILLION dollars will ensure that IV does not have to do that. We are nearly 30,000 members and not enough are contributing. The MILLION dollar drive was about one-time contributions of $250 (mind you all contributions are valuable) to reach the magic figure of a million dollars. IV needs the money to become more powerful.

    What is that "Million $$$ drive". I did contrubute to omini bus 30K drive. But I havent heard of this drive?



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  • kaisersose
    10-12 08:47 AM
    Dear experts.. Need your advise..

    I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

    1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

    2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

    3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

    Assuming applying L1 is not going to be invalidate my H1 papers,
    4) If I go for L1 stamping, will it invalidate my H1-B papers?

    5) If I come to US on L1, is it possible to change status to H1?

    Any help will be greatly appreciated.


    1) Possibly.

    2) The visa wil lbe given for the validity of the petition. But for your clock to reset, do not enter the US until it is a full year after you left. .

    3) Just applying will generally not do anything since you have not yet joined the H employer. You will have a choice at the port of entry to pick a visa. It is possible the other visa may be canceled at the port of entry.

    4) Answered in 3

    5) Yes. You can take your chances wth next year's lottery or you can travel outside and enter with your H visa. I would say do not get your H stamped yet. Save it for an emergency. That way there is no risk of it getting canceled because you used a L.





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  • sujan_vatrapu
    10-27 11:17 AM
    You probably know what you are getting, but there are others who believe all the lies that FOX spreads - don't always look through the prism of your problems...

    At least on the other news outlets, they bring 2 sides of opinions, unlike FOX - which only shows one side of the issues 25% of the time, and the host spews his/her talking points for the rest of the 75% of the show!

    Having said that, I would much prefer for the news outlets (ABC, CNN, NBC, CBS, NPR ..) to not only give 2 sides of the story, but actually do some investigative journalism and come to conclusions. Ask the tough questions and if all they get is talking points cut them off.........

    Again you missed the point, main news media outlets have liberal views on issues, they don't bring conservative view but they say so, i watch CNN, CBS, listen to NPR, I am not saying FOX is the best but they are as good as the rest, agn my point is all the channels have left or right view (NONE have a centrist view), we should not discount FOX because they have conservative views,

    in a recent survey more than half surveyed picked FOX as the most trusted new channel, if we think they are fools there is definitely something with us!



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  • diptam
    07-27 10:12 AM
    Vikram Man,

    You are awesome - Thanks for your help..

    Diptam





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  • h1b_tristate
    07-27 11:22 PM
    ^



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  • REEF�
    06-06 11:44 AM
    The girl looks too blurry but nice :).

    And I thought RED means EVIL and BLUE means GOOD :puzzle:?





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  • thomachan72
    11-08 03:03 PM
    regarding carrying older LCAs;
    It might never be asked. However, the only time it is asked is when you dont have it with you.
    Be prepared to carry a transparent plastic bag or so with all the documents. Its a pain but better to be careful.:(



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  • kondur_007
    03-28 10:16 PM
    Was the extension with current employer applied before the expiry of your current I 94? Then only 240 days rule apply. Otherwise your are accumulating illegal presence.

    You need help from a good competent attorney instead of advise from forum; your case is quite complicated. If not handled properly, you may be subject to 3/10 bar. In any case, you need a very good legal advise even before you leave US.





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  • alterego
    12-12 07:03 PM
    My guess is they retrogressed to basically stem demand completely as they felt they had used too many visas too soon, and that is where they decided they need to put the date to extinguish demand. Last month they tried Jan. 2002, but quite clearly that did not have the desired impact. Hence the further move backward.

    This is not too hard to see once you realize you are speaking about 2800 visas for EB2 India, and that means 700 per quarter or about 250-300 primary beneficiaries. When they kept PD at Apr 2004 for the first 3 months, why is it hard to envision that they went through say about 500 primary applicants with such dates, between genuinely old petitions, substitute labor petitions and EB3 to EB2 jumpers, backlog center applicants etc? I mean the truth hurts but this is where it is at. My guess is they have almost certainly used up over 1/2 of the annual allotment for EB2 India, hence they mentioned last month they used up 38% and now they are warning about the possibility of unavailability in coming months preparing us for the inevitable.
    EB3 won't be too far behind in my guesstimate since if they move dates by just a few months this will drive up demand and the fate of that PD will be the same as EB2. 2800 visas inclusive of family members for EB2 and EB3 India is like feeding a hungry lion a chicken wing.:)

    The one possibility that might help us is if once again around the may-june-july time period they accelerate demand by moving EB India to use up visa numbers. If my memory serves me right they did end up using about 15K visas for EB2 India last year. There is no guarantee they will do that again this year however after last years VB fiasco for which they took a lot of heat, they may just let the visas go.
    I see visa recapture as our only hope for temporary relief. Failing which we desperately need administrative fixes like 3yr EADs etc to ease our pain while we wait out the presidential elections next year. Lets hope for the best with the omnibus legislation.



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  • MannyD
    10-02 03:04 PM
    But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.

    Crudely stated, I94 indicates the date by which you ought to leave US and is given to you when you land in the US - so you will have a new I94 number every time you enter US. I don't think you should bother about more than two I94s at any time. One will be the one on your passport and the other in your newest H1B approval in case you have an approval after your entry into US. Let's say you are one of the "happy" folks who have to extend H1B every year: So here, when you leave US you submit the I94 from the H1B approval document (I797) that you'd be using to get your visa stamped abroad. When you land you'd get a new I94 that's valid until the date in the I797 (= visa expiry date now in your passport).





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  • dionysus
    01-24 11:37 AM
    Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.


    Of course it is better. I am not denying that. But is it an achievable goal? Is this goal likely to be reached in next one year?

    Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.



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  • ups
    07-12 09:27 AM
    yes you can. I my self did that. Only difference is that we both are on h1b(industry)





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  • gsc999
    01-18 01:35 PM
    Needhelp, new year greetings!

    Its a team effort, nandakumar, abhijit and few others are behind this new effort. You will see, as the day progresses.


    Wonderful news!
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  • shan74
    10-23 07:20 AM
    There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.


    really need to know this based on the market situation.





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  • chem2
    06-01 06:36 PM
    labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.





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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.





    sanju
    08-02 11:46 PM
    Thanks for the information. VB dates were stuck around April 2001 date because a large number of applications were filed to meet the deadline for
    245i.

    The dates were �current� until 2005 because of the availability of unused visa numbers that were recaptured by AC-21 bill - passed in 2000-2001. So countries with larger applicant pool got (a lot) more than the otherwise allowed ~3000 green cards in each category. Since 2005, there are no recaptured visa numbers are available, so applicants in a category from any specific country cannot get more than ~ 3000 green cards. Pls. see the distribution of green card numbers in 2006 in his document:
    http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf

    Most people on the forum are busy tracking their 485 receipt, of encashment of bank checks, IO comments etc. Most people will learn that all this is tracking is of no use other than helping everybody to have higher BP. If more green card numbers are not allocated, the wait time for applicants with priority date 2006 could possibly be more than a decade. The past trends were driven by positive events like visa recapture etc. So these trends are not reflective of what to expect in the future. But looking at 2006 numbers, one thing is for sure, the wait times could be a many more that what we would expect.

    There is only thing that can prevent wait times of more than 10-15 years - change in the law to increase the number of EB GCs.





    backtoschool
    12-28 12:32 PM
    I spoke to some one and he has told me the following:

    (1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
    (2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
    (3) 485/GC is for future jobs.
    (4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.

    Other questions for folks who asked me:
    My stats
    EB3 - india
    PD Jul 2002

    No, i am not stuck in the name check stuff. Just the BS wait!!!

    SO, guys who else is moving outside US for education?



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  • acecupid
    06-26 10:01 AM
    I jst got an update on my and my wife I-485; i am not sure what it is about as i have not received the RFE yet.....but i think they are asking for our BC as we did not provide them when we applied for I-485;

    I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.

    Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!

    Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!

    Thanks in advance !!!!!

    My dear friend from Pakistan,

    why were you waiting for so long since you applied for I-485 to arrange for birth certificate ? Now you have to scramble due to the RFE end date. Anyways, here is the solution. You can provide 2 affidavits from your parents for each of you (i.e. you and wife) and also a birth certificate from pakistani consulate in US. I am not sure if the pakistani consulate issues birth certificates, but you can try. Keep in mind that the BC issued by the consulate is not sufficient by itself. You can just provide that as secondary/additional proof. You will still need the affidavits. Below is a format for father's affidavit. You can use similar wording for mother. I hope that helps you... Good luck!
    ================================================== ====
    I, <fathers name>, aged XXyears, son of <grandfathers name>, residing at <address> do hereby state that the following is true and accurate to the best of my knowledge:

    1. I am a citizen of <country>
    2. I am the father of <your name>
    3. I was born on <birthdate> in <location>
    4. I was living in <your birth place> in <month and year of your birth>
    5. I personally know that <your name> was born on <birth date> in <location, state, country> at <hospital name> from the valid wedlock of me and my wife <mothers name> and I know the fact of his birth because of my relationship to him.

    I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.





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  • alkg
    10-25 06:38 PM
    Dear IV Members,

    I am 2nd July filer for I485,I-131,I-765.I got my receipts nos.a week ago by calling IO.
    Now my question is that today when i called them to ask about the FP notices then they told me that our application was received on 13th August,2007 but our application was received on 2nd July and we have the proof.

    Plz help me out as to how can i fix the exchanged dates ???????????

    I will be really thankful to you
    Thanking
    alkg





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  • clif
    07-29 08:10 AM
    Two other issues could be:

    1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.

    2. You need recent salary statements for EAD renewal every year.





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  • schandra
    11-25 09:10 AM
    Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
    I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
    Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
    Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
    But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
    What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).



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  • lecter
    January 6th, 2005, 09:40 AM
    Here's the thrid in my "tryptich"
    http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
    waddaya think?





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  • manchala
    04-07 07:29 PM
    A reputed university = very few or no gultis. TVU had only gultis...so did not qualify.....

    Stupid. Don't bring up specific community here.



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  • sobers
    02-17 07:01 PM
    You guys in the DC/MD/VA are are critical to the success of this effort!

    Ya all have shown great initiative and leadership -Keep it up!





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  • meyshimmi
    02-09 11:07 PM
    Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

    So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

    Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)



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  • Blog Feeds
    02-28 09:10 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.

    Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)

    The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.

    Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.

    These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.




    http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
    http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us



    More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)





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  • jasmin45
    08-08 02:39 PM
    Hi -
    I have seen many scary posts where ppl are asked for W2, Pay stubs etc before filing I-485. What abt after filing I-485? .suppose if I end up being on bench then am I out of status? Pl let me know...It will be a long wait I am not sure it will be easy for us to predit the un-expected......

    Please let me know...

    Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
    Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?



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  • syedajmal
    11-03 11:21 AM
    I know of a old couple who put in their appl to extend, but it took an inordinate amount of time. They left the country even before the appl was approved several months later. When it came to visa renewal time in chennai, they got denied several times. Just my 2 cents

    Once she got 2 month stamped at POE and I applied for her extn. But she left even before they even could process the application. As per my attroney's suggestion, we sent a letter to USCIS requesting to withdraw the petition stating that she had to leave to care of settling the sale of her house (you can give some reason, but the point is to withdraw the petition) USCIS will send you a notice confirming your withdrawal and make sure you keep that in record so that your MIL can show in case of questions that may arise in future.

    HTH, good luck





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  • ujjvalkoul
    06-25 06:35 PM
    It Has To Be A Desi Man!!



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  • sunofeast_gc
    07-22 06:49 PM
    just now I gave 5 star and posted my comments





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  • glus
    03-19 11:47 AM
    My LCA was approved in July 2007.

    My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.

    The USCIS returned the application asking us to re-send the application with a new check.

    My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.

    I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.

    Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.

    All suggestions are highly appreciated.


    Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.



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  • tnite
    09-26 04:05 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    See my signature for NSC timeline for my I485





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  • sheela
    08-06 12:35 PM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

    Congrats!!!
    Quick question: What is the best time to check for update on USCIS site. Does it happen all the time/real time/ morning/evening. It will prevent/help people visiting case status every now-and-then.



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  • anishNewbie
    09-10 06:07 PM
    MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.

    Wow.. this is worrying factor...:( :confused: :(

    I hope there would be some1 here in this forum who would have passed the Labor, I-40 or GC test with just MS+0 experience with EB2 category...





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  • belmontboy
    08-10 10:41 PM
    Even if they reform all your 9 issues, we would still be stuck in the GC mess.

    The concerns should be 3-4, so that we don't appear demanding to the lawmakers, press and the public.
    we should request:
    1.) increase in GC numbers
    2.) capturing unused visa's from previous years
    3.) removing country cap
    4.) reforming namecheck.

    EB backlogs would be eliminated by sep end anyways.

    The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!

    SEPTEMBER Rally would be ideal to raise these issues!

    ISSUES THAT WE COULD RAISE DURING THE RALLY
    1. Eliminate EB Backlog
    2. Processing Timeline for I-485
    3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
    4. Uniform Processing Methodology across all USCIS Service Centers
    5. Uniform Level of Customer Service across all USCIS Service Centers
    6. Increase Coordination between USCIS and DOS
    7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
    8. More Transparency and flexibility in invoking AC21
    9. Decrease the time to invoke AC21 from 6 months to atleast 3 months





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  • pd_recapturing
    06-01 06:39 PM
    Yes. Chem2 is right. Your salary should be matching with your H1B LCA. GC LCA salary is supposed to be for future job. I also have the same issue and I confirmed it with my lawyer and Others too. Is your I-140 approved ?





    sgorla
    02-23 04:25 PM
    NV does not allow in-state
    OH does allow in-state

    AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

    WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

    MD doesn't allow instate

    DC has no instate concept at all :)

    VA,NY,CA,MA,IL allow instate as of my knowledge.





    skumar9
    04-13 12:26 PM
    So did you answer the RFE ? ....