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  • I would say Canada because British Columbia has a much higher standard of living than Boston. Canada is generally a much better place for raising kids and the stress levels are lower because of freebies like health care etc. BC also has a much better weather compared to Boston.
    The other reason is that you could always come to the USA from Canada later but if you lose the Canadian PR now and don't manage to get a green card in the US, you lose everything.

    Thanks for the reply isedkeem, and best wishes for your GC journey.

    Just throwing some thoughts out: I've seen many rant about the dismal employment situation, unaffordable housing, and high taxes in Canada compared to the United States. Can anyone share their thoughts or experiences on this?





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  • In this current scenario , by the time anybody get to file 485 , he/she would have spent considarable time with the same employer with no promotion and pay hike. The thought of to spend another 1 year after green card leaves everyone shivering and hence was my earlier post





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  • Glad that you can now move on to the next stage....The wait for dates to be current..Good Luck.





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  • It's because you, me, or any temporary legal immigrant will go back home if some law changes, and new batch of H1 B people will come in to fulfill industry requirement, but for illegal, route from South America is a one way street to USA and no going back. Plus, if temporary legal immigrants leave, US Govt. got to keep all our social security, retirement saving etc. if you think from their angle (US govt.), I guess for them, it makes more sense to legalize illegal (so at-least govt. can get some share of money from their taxes) because no matter what govt. do, illegal are never going to go back.


    I just don't understand one basic question.

    Congress is trying to pardon 12 million illegals as a one time measure and give them Green Cards. (OK - Very good)

    On the other hand we are about half a million who entered the country legally and helping the U.S. economy and paying taxes. Why don't they consider giving all of us Green Cards as a one time measure too ?????





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  • My case is as detailed below, and my questions follow:

    PD: July 2007, EB2 (India), Software field
    Labor, I-140: Approved, I-485 etc. NOT filed.
    H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
    Currently outside US, NOT working for the H1 sponsoring employer.
    My employer has NOT revoked my H1 or I-140.
    I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.

    I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:

    (Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
    1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
    2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
    3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
    4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
    5) if yes, will my PD of July 2007 be maintained?

    (Different employer, as Indian citizen, knowing that I am currently out of the US):
    6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
    7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
    8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?

    If I become a Canadian Citizen:
    9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
    10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?

    Also:
    11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
    12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
    13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?

    Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.





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  • Guys,
    Not sure whether my suggestions help any one, but I do have some real time knowledge about this process.

    You can do EB2 with following options
    1. A bachelor's (4 year degree) + 5 years exp. This exp should be with prior companies.
    2. Master's with no minimum exp.
    I am assuming you guys already have knowledge about EB2 requirements and skills. Basically, there is nothing in IT, which needs Bachelors or Masters. Requirement is defined by HR on advice by Attorney. Any job requirement can be defined as some thing which needs a bachelors or masters.

    My company applied for me and another guy under EB2, since both of us have master's degrees over here. But, for another guy who had 7-8 years of prior exp, my attorney applied in EB3. This guys is a dev team lead and is one level above me.
    By April 2008, we had our I-140's approved, but this guy (in EB3) doesn't know he in EB3.
    Accidentally, I found out when I am cross checking with him regarding H4 extension for my wife, whether he did it on time for his wife.
    We forced him to talk to HR and Attorney and they agreed to do EB2 for him.
    Attorney simply filed I-140 under EB2 using his EB3 labor and it was approved in 4 months.
    We are confused about this whole process, but it worked for him. May be some of you, who falls in this category can try doing the same with out actually changing jobs.

    Another option for people who are using EAD. I am encouraging one of my colleague to get him to talk to HR, to apply for EB2. He doesn't have H1, but one doesn't need to have H1, when they have some thing like EAD. They can use EAD to change job and start the process again, but once their ported old PD with new I-140 was approved, they will be ready to file new I-485. This will reduce their waiting time a lot.

    Thanks,
    Nayekal





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  • Thanks all for the replies.

    Here are more details.

    My receipt no. is starting with WAC. I had already got transfer notice in September 2007 about getting transferred to NSC as they have juridiction over my case.

    Thanks





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  • Based on what you believe that "BC has a much higher standard of living than Boston?". I hope that is not one of those silly annual surveys in which they interview low income and beggars on the streets and rate mainly based on health care and welfare for them.

    Regarding raising kids, if you believe that doing that around prostitutes, lesbians and drugs is a good thing, so go ahead and live in BC.

    Read the below for some truth about the Socialist Canada. I lived there and I know how it is.
    www.notcanada.com



    I would say Canada because British Columbia has a much higher standard of living than Boston. Canada is generally a much better place for raising kids and the stress levels are lower because of freebies like health care etc. BC also has a much better weather compared to Boston.
    The other reason is that you could always come to the USA from Canada later but if you lose the Canadian PR now and don't manage to get a green card in the US, you lose everything.





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  • No LUD Update (NSC) for the last 2 days after FP. But EAD card has been ordered. Its very difficult to predict how they operate.





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  • Ignore the Receipt Date on transfer notices. I have the same situation, receipt date on transfer notices was Sep 19, but the receipt date is Jul 23. I checked the receit notices, and they have the right receipt date. Only the receipt date on the receipt notices matters.
    We received all four I-485 Transfer Notices today which says they transferred our cases to LIN. My I-140 was approved from LIN, so this is ok.

    But the strange thing is both the Receipt Date and the Notice Date is September 26, 2007. Should I be worried?:confused:

    I also applied EAD and AP. Would that means CSC is sill holding back my EAD and AP applications for adjudication?

    Thanks for the advise friends.





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  • Am I not reading his post right??

    Sure - great - lets get this to work :)





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  • Done





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  • Yes. my I-140 is Approved and 180 days has passed. How much time will i have to transfer H1B without loosing H1B status? Thanks for your response.

    For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.


    You are in much better shape with >180 days in AOS. Can work in EAD if needed.

    Don't worry.





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  • It would be good if more of you PhDs visiting here would post and share your ideas about what we should be doing to further the PACE amendments agenda. Regular posting by you and others will bring up new ideas and more importantly, keep up everyone�s motivation to see this thing through. Once postings and interactions reach a critical mass, things will pick up momentum which will see through the completion of our agenda. So please register with IV and post here, and also make yourself aware of the broader goals of IV and how you can contribute to it.
    Your ideas and posts need not be rocket science (although some of you might be rocket scientists : ) , but just a few words of encouragement or organizational ideas or just about anything- this will help and motivate others who come here. More postings will encourage still others to post and things will pick up momentum. This thread has had 654 page views but only 1 response!! Those of us who know about the S1932 bill and the campaign to get it passed in December know how effective a forum the internet and a site like this can be. Calling or e-mailing among ourselves cannot substitute the public reach and penetration of the internet, so its imperative that we keep this as the primary forum for information exchange.





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  • Abhinandan! apni-i bijoyee :D

    Memorial day became memorial for me.
    Woke up late today and the first Email which I checked today says this ;-) :

    The last processing action taken on your case

    Receipt Number: SRC07******

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On May 23, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.





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  • is your lawyer saying? You are paying them to answers these kind of questions.

    I have a phone call set with my lawyer. I am going to listen to his recommendation. However knowing how others are handling similar situation will help me in taking decision.





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  • Here is another link posted below, published just 2 days back.

    http://www.americanchronicle.com/articles/80818

    In the absence of governing regulations, there is a lot of grey area and wide divergence of practice for how employers and employees handle AOS portability situations. However, USCIS expects to publish regulations governing AC-21 that purport to address these issues in the near future.

    Can IV CORE address this issue ASAP with CIS??? I know speaking (or rather typing) is simple than doing it, but I am sure there must be some efforts going on in background.





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  • I joined in late but would love to hear how the live radio show on immmigration transpired.





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  • you might also need a copy of your approved Labour application.
    I am not sure if you can get the documents directly from the UCIS becuase the documents belong to your employer and not you.
    you can try through Freedom of Information Act(foia.com). but it might take a while to get the documents.

    All that is required is only I-140 Approval Notice. Labor Cert is not required.





    I now applied for EAD for my wife (not because she is going to work, just go get SSN). I do plan to get SSN for her and then file amended 2008 return. I wonder if I will get stimulas package then (the one which was given in 2008)?





    What do you think we should expect from a president who is "socially conservative" and "fiscally liberal".

    I expected Obama to be another FDR, but I now feel he is very far from being FDR.

    FDR had 8 years & over 55 years after his presidency to make his impression today..... u r judging obama with his first 2 years of his presidency....... where is fairness here?

    previous administration created this situation where the economic cycle had literally stopped..... people were not spending money, banks were not giving loan, companies were not expanding/hiring, companies were laying off causing unemployment..... in such times economy needs fusion of cash so that there is enough money in rotation for the economy to continue before customers return and the economic cycle is back on track...... bush (as seen in the video), McCain or any other person would have done the exact same thing becoz there is no other way...... the only other option of not doing anything would have ended up with the country in economic depression....... then u would have blame obama for creating economic depression......

    lets talk @ "fiscally liberal"..... darling of the right wing, george bush.... started two wars..... spending over 2 trillion dollars, gave 1.4 trillion dollar tax-cuts to the top 1% who are rich..... this is around $3.5 trillion dollars of unpaid spending taking this country into massive national debt...... and now u r blaming obama for being "fiscally liberal".....

    this world would stop if it were for the ideologues..... "fiscally liberal" is just one idea which works during specific times, it doesn't work all the time...... but the situation obama inherited "fiscally liberal" was the need of the hour, otherwise we would all be in economic depression..... today people have the luxury of being an ideologues becoz this country is not in economic depression...... but wasn't it "fiscally conservative" republicans who led the country to the economic depression by spending their way to verge of collapse..... y blame obama for being "fiscally liberal"?

    @ social issues, he has so much on his plate & his focus is economy...... but he has shown leadership on gitmo, don't ask don't tell, stem cell research etc..... in his first two years....... don't hang by his neck....... give this guy a chance......

    after 2 years of bush presidency... if people would say anything about bush.... they were branded as unpatriotic...... now with 100 times worst situation at hand.... u'll not give this guy a chance but rather throw dirt all over.......



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