Monday, July 4, 2011

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  • sayonara
    09-17 01:12 PM
    Any updates anyone?

    Any clue to if a separate receipt notice will be mailed in addition to the transfer notice?





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  • piyu7444
    04-30 07:22 PM
    You should make sure that your employer is willing to support you. I dont know what kind of employer you have so cant speak about it. I moved to EAD and my employer fully supports me........be it 140 be it h1b or w/e. I have always helped him via sending people to join the company and now its his turn to give it back to me........so one has to evaluate his situation and then deicde.....





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  • la6470
    04-14 11:59 PM
    Immigration: 'Birth Tourism' Industry Markets U.S. Citizenship Abroad - ABC News (http://abcnews.go.com/Politics/birth-tourism-industry-markets-us-citizenship-abroad/story?id=10359956&partner=yahoo)

    A New Baby Boom? Foreign 'Birth Tourists' Seek U.S. Citizenship for Children
    More Foreign Mothers Live Abroad to Give Birth on U.S. Soil, Debate Over 14th Amendment

    Millions of foreign tourists visit the United States every year, and a growing number return home with a brand new U.S. citizen in tow. housands of legal immigrants, who do not permanently reside in the United States but give birth here, have given their children the gift of citizenship, which the U.S. grants to anyone born on its soil.

    The number of U.S. births to non-resident mothers rose 53 percent between 2000 and 2006, according to the most recent data from the National Center for Health Statistics. Total births rose 5 percent in the same period.

    Among the foreigners who have given birth here, including international travelers passing through and foreign students studying at U.S. universities, are "birth tourists," women who travel to the United States with the explicit purpose of obtaining citizenship for their child.

    Catering to the women is a nascent industry of travel agencies and hotel chains seeking to profit from the business. The Marmara Manhattan, a Turkish-owned luxury hotel on New York's City Upper East Side, markets birth tourism packages to expectant mothers abroad, luring more than a dozen pregnant guests and their families to the United States to give birth last year alone.

    "What we offer is simply a one-bedroom suite accommodation for $7,750, plus taxes, for a month, with airport transfer, baby cradle and a gift set for the mother," Marmara Hotel spokeswoman Alexandra Ballantine said.

    The hotel estimates the total cost of the package at $45,000.

    Most women stay for two months, Ballantine said, and they make medical arrangements on their own. "Guests arrange and pay for these by themselves," she said of hospital costs that can approach $30,000.

    For those with the means to pay, it's a small price to give a child the full benefits of U.S. citizenship, including the ability to travel freely to and from the United States, easy access to a U.S. education and a chance to start a life here.

    "We found a company on the Internet and decided to go to Austin [Texas] for our child's birth," Turkish mother Selin Burcuoglu told Istanbul's Hurriyet Daily News. "I don't want [my daughter] to deal with visa issues. American citizenship has so many advantages."

    The greatest of those advantages may be the ability of the citizen child to later sponsor the legal immigration of his or her entire family permanently to this country, experts say.

    The "birth tourism" industry, which is difficult to track and remains largely anecdotal, has been on the rise for years, according to government and participants reports. Of the 4,273,225 live births in the United States in 2006, the most recent data gathered by the National Center for Health Statistics, 7,670 were children born to mothers who said they do not live here.

    Many, but not all, of those mothers could be "birth tourists," experts say, although it is difficult to know for sure. The government does not track the reasons non-resident mothers are in the United States at the time of the birth or their citizenship, meaning births to illegal immigrants who live in the United States are counted in the overall total.

    In recent years, many women have come from Mexico, South Korea, China and Taiwan, but the trend now extends to countries in Eastern Europe, such as Turkey, where as many as 12,000 children were born in the United States to Turkish parents since 2003 by one estimate.

    The business of birth tourism is perfectly legal as long as immigrants are able to pay their own way.

    The State Department and Department of Homeland Security have no specific regulations banning pregnant foreigners from entering the United States. But officials say they can and do turn away pregnant women with obvious designs on coming to the United States to take advantage of free medical care. "When determining if an individual will be allowed to enter the U.S., Customs and Border Protection officers take into consideration the date the child is due for delivery and the length of time the individual intends to stay in the U.S.," a Department of Homeland Security spokesman said.

    Still, critics say the practice largely goes unchecked and exploits the true meaning of the 14th Amendment to the U.S. Constitution, enacted after the Civil War to grant citizenship to descendants of slaves.

    "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," the amendment reads.

    "It's really an incorrect interpretation of the 14th Amendment," said Jerome Corsi, a conservative author and columnist who has studied the issue of birth tourism. "Birthright citizenship is a loophole � [and] as it expands into a business for entrepreneurs in foreign countries who offer birth tourism packages, it markets the loophole to attract additional mothers to the U.S."

    Lino Graglia of the University of Texas law school wrote in the Jan. 11 Texas Review of Law & Politics that the authors of the 14th Amendment never would have imagined their words bestowing citizenship to illegal or visiting immigrants.

    "It is difficult to imagine a more irrational and self-defeating legal system than one which makes unauthorized entry into this country a criminal offense and simultaneously provides perhaps the greatest possible inducement to illegal entry," Graglia wrote of birthright citizenship. The Supreme Court has only addressed the issue once, ruling in 1898 that citizenship applies to U.S.-born children of legal immigrants who have yet to become citizens.

    Some legislators, including U.S. Rep. Gary Miller, R-Calif., have called for revising the Constitution to forbid citizenship by birth alone and thereby end the attraction of birth tourists. But other politicos, from both sides of the aisle, say such an approach is politically unrealistic, not to mention unnecessary. "You just turn people down for being pregnant," said Mark Krikorian of the Center for Immigration Studies. "That should be the default position and then there'd have to be some very good reason for an exception."

    Krikorian acknowledged that some people might find a ban on pregnant visitors "outrageous," but questions the rationality of the alternative.

    "Do you really think that's right that somebody here visiting Disneyland should have their children be U.S. citizens, which they'll then inevitably use to get access to the U.S.?" he asked.

    Krikorian and others call the offspring of birth tourists "anchor babies," because they can serve as a foothold for future legal immigration of an entire family.

    Ali Noorani, executive director of the National Immigration Forum, said he sees the debate about birth tourists in a different light, however, noting that arguments about citizenship of children ignore a fundamental question of humanity.

    "If we're a country that cares about families and family values, then why are we blaming the children for a decision the parents made. Their only decision was to take a first breath," he said.

    "What is the State Department going to do? To fill out a visa application have a woman pee on a stick?"

    The United States is one of the few remaining countries to grant citizenship to all children born on its soil. The United Kingdom, Ireland, India and Australia, among others, have since revised their birthright laws, no longer allowing every child born on their soil to get citizenship.

    This news is not only ridiculous but also looks down on people from other country and the writer lives in the illusion that the US is the greatest country in the world.

    People in other country have a life too (probably a better one) and I dont think any sane person will consider spending 15K to come to USA just to give birth and get the advantage of US citizenship. People in other countries are just like people in this country and any normal family will celebrate the birth of a kid and not worry about something as sickening as this.

    After all USA is a great country but it is not the ONLY great country. Every country has their share of advantages and disadvantages.





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  • gcfrustoo
    07-20 10:49 AM
    Guys, I submitted my app on July 2 with matriculation as BC. I'm OK with RFE... Do you think it will be rejected????



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  • sreenivas11
    08-14 02:19 PM
    Can i re-enter with AP if H1 stampping rejected?





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  • zCool
    03-08 12:21 PM
    Got a BIG RFE for 7th yr extension from CSC PP.
    I have applied for 485 (I140 approved), and have EAD/AP from same employer last yr.

    I got this RFE and employer may not have/provide all the documents,
    My question is can we withdraw H1 and then work on EAD?
    Will that adversely affect my case for AOS?

    Main list of items required from me,
    Last 3 yrs W2, last 3 yr taxes, all i-94 etc. -- No biggie since I have always been working for big company for past 10 yrs. till In switched to this smaller firm last yr.

    Main list of docs required from company
    1. Offer letter to me.
    2. Client letters
    3. Last 3 yrs quarterly wage reports with ALL employees SSNs, pays etc.!
    4. Last 3 yrs Tax returns
    5. Last 3 yrs W2s and W3s for ALL employees

    How in the world is one supposed to provide all those ??!! I spoke to the employer, he's very busy (not desi but still a small firm with 1-2 million turnover and maybe 4-500,000 income..)

    I can even change employer if needed, but I need to know if it's okay to cancel or withdraw this application of H1B and if that will cause USCIS to reopen my approved I140 or issue RFE for same list of docs at the time I file AC21.

    What should I do if employer doesn't comply and just strings me along?
    My H1B ends in April first week and Wife's H4 is long expired, We were planning only to keep my h1b as safty..



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  • irha
    12-07 01:33 PM
    @saketkapur, thanks for the clarification. Interesting to know that they don't do it consistenly.





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  • krishnam70
    02-17 05:40 PM
    Today, I filed an official complaint with IRS about this employer. They told, they are going to send a notice asking the employer to reply to the tax bearer within 10 days from the receipt of the letter. I don't know how the employer is going to react and if they would still provide a corrected W2. Hoping, they would provide, otherwise I would have to call IRS again after another 2 weeks time. I had to be on the phone line for almost 30 mins to reach the IRS customer representative. It is a real pain.

    Also be prepared for a backlash ..make sure you have your bases covered.

    -good luck
    kris



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  • irha
    12-07 12:01 PM
    120th day
    So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?





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  • sixburgh
    08-04 07:17 AM
    I thought that I will share my recent experience.

    I arrived in USA in 2003 on a L1 visa.
    It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
    Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
    I changed my employer later using H1 transfer and they kept renewing my H1 petition.
    My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
    Since then I have been working with the same employer on EAD.
    After a long time I wanted to visit India, so applied and got my AP.
    Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
    This is because EAD is taking too long for renewal.
    I went to India, visited Mumbai Consulate, they did not ask me a single document.
    They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
    No other questions asked.
    I got my h1 stamp in 2-3 days.
    Planning to reenter USA on that stamp.
    Once I return my company will switch me from EAD to H1.
    Hopefully EAD will arrive after that.
    I will just keep that handy.
    If I move to another employer, I will have a choice, use H1 or EAD.
    I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
    I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
    Wife will continue to work on EAD.
    H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
    Plus I don't have to pay the crazy AP fees each time.
    Please do comment if you find this information useful or any issues in my plans stated above.
    I will update this post when I arrive back in USA.

    Update : 8/12/2010
    I entered USA on H1 through IAD airport with ZERO questions asked.



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  • hopefulgc
    09-11 12:16 PM
    creative eh!:D:D:D:D

    http://l.pr/a43tu/just_tattoo_the_PR_card_to_your_body





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  • fall2004us
    09-18 09:44 PM
    Great Job guys.....



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  • truthinspector
    01-07 11:40 AM
    Of Satyam's reported cash and bank balances of 53.61 billion rupees on Sept. 30, 50.4 billion rupees was non-existent, Raju said in the letter sent to the Bombay Stock Exchange.





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  • h1techSlave
    04-04 04:10 PM
    Agree with you 100%. And this does not require a law change and is relatively easy. Not very easy, but easier than getting a new law passed.
    I saw a comment on a lawyer's website that recapture of unused visas can only be done through legislation and not through administrative fix..

    And, the real issue we should try to address here is USCIS inefficiency.

    There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..

    So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..



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  • chanduv23
    02-04 04:01 PM
    My wife went on Jan 17th for h1b stamping in Chennai. It was cool. She is doing her residency in a non profit organization. The VO was cracking jokes, saying "You do internal medicine for humans whereas your husband does internal medicine for computers".

    I heard they are pretty cool these days. But make sure to take all your w2s and payslips and also make sure you tell him/her what you do and that has to match your petition, he may ask, how many years u r in US, how many children etc....

    If anyone had bad experiences in recent times, please let us know.





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  • Circus123
    02-10 02:47 PM
    It is time again for setting expectations before the bulletin is released and then see it shattered like a glass falling on the floor :) Anyway here are my expectations:
    MARCH 2008 VISA BULLETIN
    -----------------------------
    EB3-ROW March 2003
    EB3-INDIA June 2001 (sorry had high hopes last time)
    EB2-ROW C
    EB2-INDIA June 2001 (change from U - Unavailable)

    Please feel free to predict your expectations.



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  • bbct
    03-03 10:09 PM
    I got a letter from IRS stating they have notified the employer to send the corrected W-2. I should be waiting two weeks before the due date and then use Form 4852 to report the correct wages. This has become a stress for no-fault of ours. If the employer provides us a corrected W-2 after we file our taxes and if the figures don't match then we should amend our taxes using 1040X. I am sure the employer will wait till the last date or near to due date to give us a corrected W-2. This is a real pain in the a$$.





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  • javadeveloper
    03-17 10:56 PM
    I just read in Murthy.com that if a H1B is terminated and the same company wants him back they have to pay the entire salary for the period he was out of job. (google H1B employers obligations) So i think that won't be your case. You should be on EAD.

    When you are on EAD they need not inform USCIS. There is no need for you to join your old company back.

    Correct.But it's surprising that my company wants to inform USCIS about my lay off even though I am using EAD to work with them.





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  • GCcomesoon
    05-31 01:44 PM
    Hi Friends

    I believe that this forum was created as platform for all we guys who have been waiting in queues for long times to get thier Green card.This is place where we can learn & distribute information to help fellow members. We should respect this forum ,moderators, senior members who try to guide us for any of questions,doubts. Lets all be one & try to be on the same page & common mission instead of using abusive language,trying to fight , or anything which would divert our attention & waste time for other in cleaning up this mess.

    I'm sure we all are well educated , grown ups who can decide whats right or wrong.

    I apologize in advance if I have been preachy.

    Thanks
    GCcomesoon
    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007

    LUD in my case - I131 - 7/10/07
    LUD in my case - 1131,485,765, - 7/11/07, approved
    LUD in spouse's case - I131-7/11/07, approved
    I-765- spouse approved, approved for me.
    I-485 - approved for myself on April 24th, 2008, card prod email , physical card not yet received.
    1-485 - Still pending for wife





    mrajatish
    05-22 03:04 PM
    Please email your senators/ send them fax or call them - no point in venting it on the forum, nothing is going to change.

    Change the lawmaker's mind.





    horus
    09-14 10:29 AM
    PD: 4/3/2007 (EB3/Other)
    I140: RD 5/23/2007 ND 5/24/2007 LUD 6/22/2007 (pending at NSC)
    I485: RD 7/2/2007 ND 8/28/2007 (Sent to NSC, receipt received from CSC) transferred to NSC on 9/4/2007 LUD 9/6/2007
    EAD: card ordered 8/30/2007, received 9/6/2007, LUD 9/4/2007
    AP: approved 8/31/2007, not received yet, LUD 9/4/2007
    FP: no notice received yet



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