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01-02 03:51 PM
presuming 3500 visas for EB3 from india per year, given about 350,000 were filed recently and presuming about half of that were EB3 india, that means 175,000 are in front of you from India on EB3. so my pd of jan 2006 would become current in about 48 years and yours in about 50. now, others may speculate and extrapolate and say that it's likely to be within a decade based on past experience - i.e RoW not using up its quota and hence spilling over to India, but India EB2 itself is backed up pretty badly & it gets a first shot at it so after these geniuses go green, we get to use that. But again, thats just speculation - so nothing is certain except that it wont be no longer than 50 years based on current law, that too presuming the current law stays as is. lets hope iv succeeds in the backlog efforts in which case the wait would probably be around 3/4 years.

You seem to be knowledgeable. can you tell anything about EB3 October, 2003 Priority Date?. when will people with that PD be able to file I-485(someone i know missed this year). thanks

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11-24 04:47 PM
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12-21 08:41 PM
NRI Investing in Stocks India:
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.

I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.

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06-26 10:12 PM
I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.

My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.

I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?

Thanks in advance. !!!!


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07-08 11:25 AM
There is also a possibility that in future you marry a person who is already here .. maybe on H1 or GC or a citizen . Since you are already going through a divorce I am sure if you marry again you would want to meet and understand your next future spouse thoroughly before marrying .

I can understand your situation . My personal advise is take it as it comes. Get the current situation over with first . As for your questions it has already been answered above.

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03-13 01:06 PM
I have updated my profile..IV has been a source of strength in my Journey..i wish good things happen at USCIS and hard working legal immigrants like us get the GC quickly


:) please consider contributing to the FOIA funding drive and help us :)


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04-28 09:53 AM
when you say new fees, i assuem it is $340 . Correct ??


but i am not sure renewal will be for 1 yr or 3 yrs ?
anyone here knows..?

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07-26 04:09 PM
hey kalindi, just one question, i am not well versed in the GC procedures, so this might be really out of sync, but arent the priority dates of EB2 India August 2004, how could you apply for i485 when ur PD was July 2005??


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09-06 08:33 PM
Read something interesting on TOI..

NRIs treated as Not Required Indians! - India - NEWS - The Times of India (

Indubhai Amin, a non-resident Indian (NRI) settled in the UK earns interest income of Rs 3 lakh on his non-resident ordinary account bank deposit in
India in the current FY 2009-10. Enjoying his personal exemption limit of Rs 1.60 lakh and the eligible deduction of Rs 1 lakh u/s 80C, Amin is comfortable paying income tax of Rs 4,000 in the first slab of 10 per cent on his effective taxable income of Rs 40,000.

Flat tax of 20% and 30%

A huge shock awaits Amin and millions of NRIs, in regard to taxation of their interest and investment income and capital gains earned in India, proposed to be treated under the draft Direct Tax Code as "income from special sources."

In 2011-12, on the same interest income of Rs 3 lakh, Amin will be required to pay a hefty tax of Rs 60,000 at the flat rate of 20 per cent, without being eligible to claim any basic exemption or other deduction, as provided under rule three of the First Schedule to the Code.

Moreover, all capital gains earned by a non-resident will attract a flat tax of 30 per cent, irrespective of the amount of capital gains. While a resident Indian will be required to pay tax of Rs 3.84 lakh on his taxable income of Rs 25 lakh, an NRI earning equivalent capital gains will be called upon to pay almost double tax of Rs 7.5 lakh.

Hair-raising drafting

New section 13 (2) provides that such ?special income? shall be computed in accordance with the provisions of the Ninth Schedule, the drafting of which is literally hair-raising. It provides that the amount of accrual or receipt shall be computed as the taxable income, and no loss, allowance or deduction shall be allowed, as the same shall be presumed to have been granted. The only exception in this regard, in respect of capital gains arising from the transfer of equity shares or units of equity oriented mutual fund chargeable to STT, is quite amusing, as it stands redundant in view of the proposal to abolish STT (a classic instance of incoherent drafting).

The draftsman does not seem to have realized the harsh implications. It means that if an NRI sells a capital asset purchased for Rs 10 lakh at Rs 30 lakh, he will be required to pay tax of Rs 9 lakh at 30 per cent on the gross sale consideration of Rs 30 lakh without any deduction even for the cost of acquisition of Rs 10 lakh (not to mention any benefit of indexation on the same).

Determination of residential status

The residential status of an individual under the Code is proposed to be determined as per the current norms. However, the status of "not ordinarily resident" (NOR) is proposed to be eliminated. Despite the above, Clause 24 of the Sixth Schedule has still provided for exemption in respect of interest earned on foreign currency deposits in the case of NOR. Poor drafting indeed!

The Code has proposed to retain the current exemptions availed by a non-resident in case of interest earned on NRE and FCNR deposits with banks.

Special exemption for returning NRIs

A useful exemption has been provided in case of income earned outside India, if it is not derived from a business controlled from India, in the financial year in which the returning NRI becomes an Indian resident and the immediately succeeding financial year. However, the benefit of the said exemption would be available, only if such individual was a non-resident for nine years immediately preceding the financial year in which he becomes a resident.

Wealth-tax liability for NRIs

Proposed Section 102 of the Code provides for wealth tax liability in the case of the value of all global assets of an individual or HUF. However, an exemption has been provided in case of the value of assets located outside India in case of an individual who is not a citizen of India or an individual or HUF not resident in India. Hence, while returning NRIs who are non-citizens will enjoy wealth-tax exemption for their overseas assets, NRIs with Indian citizenship becoming residents will attract wealth-tax liability on such assets held abroad.

Illogical exemption under wealth-tax

Talking about wealth tax, the Code prescribes an exemption in respect of any house or plot of land belonging to an individual or HUF, if it is acquired before April 1, 2000. It is difficult to understand the logic as to why this exemption has been denied in all cases where such immovable property is acquired after March 31, 2000!

Proposals That Will Hurt the Global Indian Sentiment

Flat Rate of Tax

20% flat tax on interest & other investment income
30% flat tax on all capital gains
Apart from 20% & 30% TDS on above, TDS at a baffling rate of 35% prescribed on all residual income

No Personal Exemption

No personal exemption or deduction allowed in computing the above income treated as ?income from special sources?.

Weird Interpretation

Poor drafting leads to such a weird interpretation that transfer of a capital asset may attract 30% tax on gross sale consideration.

What Discrimination!

Ironical but true! Non-Indian sportspersons, say Ricky Ponting or Shoaib Akhtar, required to pay a concessional tax of 10% on their game, advertisement and column earnings in India, thus enjoying a more privileged tax status than our own sons of the soil living abroad.

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08-27 02:27 PM
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12-07 09:26 AM

I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

If I change the employer, will I be subject to H-1 B visa quota restriction?

I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

I would appreciate your advice very much.

Thank you always.

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02-18 05:03 PM
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .

You are W2 or 1099.


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09-05 04:04 PM
If you see the link I submitted earlier today, it is a reality that most voters are fed up with their representatives. From what I hear all the time, it seems the tendency is that people will vote against incumbents, regardless of which part they represent. Typically whoever is coming fresh - Dems or GOP - would be more sensitive to citizens problem and would think twice before voting for something in spite of thousands of pledges and calls against it. In my view, not necessarily Democrats would control the House, but even if turns out that is the case, it may not help us a lot. The truth is that if many incumbents get kicked out, that would be a powerful message that voters out there are not happy with directions they are taking, mainly on immigration, and therefore a bill on our behalf may continue to be dragged down further, because I strongly believe that many fresh reps would think twice to vote when phones are ringing non stop.

I am sorry if that is sad, but that is the truth.
I would like to discuss two issues

1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.

2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))

It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?

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08-04 03:00 PM
Dude whats the consulting company name? If you want to land your employer in soup send his details to Dept of labor at ""


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09-16 04:06 PM
USCIS will have no way of knowing whether someone is collecting Unemployment benefits. At the time of I-485 approval, they may need your EVL to prove your employment if you have used AC21. As long as you can provide that letter, you should be safe whether you collect Unemployment benefit or not.

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05-11 10:43 AM
We are still working on it, the most probable location & time is Bombay Palace at 7 pm but please wait until it is announced officially.

Could some one post the Venue and time? (I guess it is dinner meet)



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07-28 09:53 AM
My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....

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08-05 09:33 PM
Who gets the AP (Advance parole) document from USCIS , candidate or lawyer who filed it ?

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07-06 05:21 PM
longer guns, rifles have less strict carry requirement as they cannot be concealed. Usually handguns need a carry permit to be carried around concealed.

A citizen should follow the constitution & the 2nd amendment is part of the constitution. Just get educated on safety techniques 1st. NRA website has good info. Local gun ranges will allow safe renting too without needing to own one if you just want to use guns as hobby (which is what I do).

Ruger or Browning .22LR guns are good to start. ( I am sure other brands are probably good as well...)

02-13 08:26 PM
Work Together, Win Together.
Join IV to fight the injustice against 'legal Immigrants'

03-07 09:51 AM
Once you I140 is approved, you lock the PD. Only time you lose it is, if USCIS cancels it for fraud.

Else, layoff or revocation does not matter. You just have to start another new PERM again.

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