immilaw
09-15 02:04 PM
i remember IV team was earlier posting messages asking members to send questions because they have enough room to accomdate those in the same week. so i think the number of question is less now. this might be one of the reason we have conference call with lawyer once in two weeks.
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
Sounds like a plan. Thanks for replying.
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
Sounds like a plan. Thanks for replying.
wallpaper New York#39;s Skyline. A night
shreekarthik
02-25 11:34 PM
Bear in mind the following
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
mailsunnydeol
08-07 11:53 AM
Progress so far:
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Welcome Notice Received by Lawyer
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Welcome Notice Received by Lawyer
2011 New York by night #5
mchundi
12-16 06:26 PM
The numbers for 2005 were released in jan 06. They were discussed then in this forum.
http://immigrationvoice.org/forum/showthread.php?t=78
Please post the links when ever they release the numbers for the fiscal year 2006.
http://immigrationvoice.org/forum/showthread.php?t=78
Please post the links when ever they release the numbers for the fiscal year 2006.
more...
logiclife
12-03 11:31 AM
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
priti8888
08-01 07:59 PM
guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..
The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....
She has so much power, she should lobby for visa recapture
The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....
She has so much power, she should lobby for visa recapture
more...
sreeks925
02-03 04:24 AM
Making a strong pitch for America to stay competitive in the face of emerging economies such as India and China, President George W Bush has urged the Congress to raise the number of H-1B visas that allow companies to hire foreign workers for scientific and high tech jobs.
"Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.
To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.
"I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.
He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.
"It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.
He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."
"There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.
"And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.
He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."
Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'
". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.
http://ia.rediff.com/money/2006/feb/03visa.htm?q=tp&file=.htm
"Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.
To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.
"I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.
He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.
"It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.
He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."
"There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.
"And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.
He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."
Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'
". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.
http://ia.rediff.com/money/2006/feb/03visa.htm?q=tp&file=.htm
2010 NEW YORK CITY PICS AT NIGHT
wandmaker
07-19 04:34 AM
I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
Your EAD is based of a pending 485, if you withdraw then it becomes invalid. Your status will be AOS until the decision is made on 485.
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
Your EAD is based of a pending 485, if you withdraw then it becomes invalid. Your status will be AOS until the decision is made on 485.
more...
GC_Govinda
10-15 09:56 AM
Hello Gurus,
I am EB3 India with PD September 2002.
After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.
Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.
In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.
I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.
Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.
Any inputs/advise are really appreciated.
IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.
Thanks a lot.
I am EB3 India with PD September 2002.
After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.
Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.
In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.
I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.
Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.
Any inputs/advise are really appreciated.
IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.
Thanks a lot.
hair New York Street at Night
kaisersose
09-17 12:02 PM
Hi,
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
1. As far as I know, think this will work.
2. Not required.
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
1. As far as I know, think this will work.
2. Not required.
more...
indianabacklog
06-10 12:48 PM
You have the instructions since you quote them. Send exactly what they are asking for, i.e. the form, photos, copy of front and back of previous EAD and check to pay them.
I would suggest you send separate checks if only to be able to get the case number from the back of them when they are cashed.
The instructions clearly say make check payable to the Department of Homeland Security. I believe if you did write them to the USCIS they will still get cashed but follow the instructions.
You seem to have it all under control. Have confidence in yourself and get the applications sent in.
I would suggest you send separate checks if only to be able to get the case number from the back of them when they are cashed.
The instructions clearly say make check payable to the Department of Homeland Security. I believe if you did write them to the USCIS they will still get cashed but follow the instructions.
You seem to have it all under control. Have confidence in yourself and get the applications sent in.
hot New York at Night
number30
04-07 07:08 PM
Thats a little strange, as employers now a days are suggesting to use EAD instead
of H1's as the extentions itself has problems. And based on what i know its
ok to be on EAD instead of h1. Either way there is not much difference.
It is not strange from employer perspective. That way they will not be subjected to auditing from DOL. And they can show less number of H1B employees. Some people also gets advantages of non- H1B dependent employer.
of H1's as the extentions itself has problems. And based on what i know its
ok to be on EAD instead of h1. Either way there is not much difference.
It is not strange from employer perspective. That way they will not be subjected to auditing from DOL. And they can show less number of H1B employees. Some people also gets advantages of non- H1B dependent employer.
more...
house new york times square
javadeveloper
05-26 04:57 PM
What is the logic to deny 485(EB3) if 140(EB2) gets denied?
tattoo New York-New York
smartboy75
08-14 12:53 PM
smartboy75,
We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.
My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.
Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.
This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.
I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.
rajuseattle.
Hey raju
I did exactly as suggested by the attorney....I got the RFE filled by the immigration lady...took a copy of my wife's appointment notice with the biometric stamp on it and added a one page letter and mailed it to USCIS today by overnight delivery.....
To ur question of paper filed or E-filed ..while I agree that there is a hassle of bimoetric but in the other hand there is direct confirmation of USCIS receipt of the application....
Imagine u paper filed the renewal and send the package and for weeks u do not get a confirmation number for ur application.....that is even more frustrating than the hassle of e-file......
not knowing where u r heading is worst than being lost ....:) The choice is ours....
All the best buddy ....will keep u posted....
We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.
My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.
Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.
This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.
I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.
rajuseattle.
Hey raju
I did exactly as suggested by the attorney....I got the RFE filled by the immigration lady...took a copy of my wife's appointment notice with the biometric stamp on it and added a one page letter and mailed it to USCIS today by overnight delivery.....
To ur question of paper filed or E-filed ..while I agree that there is a hassle of bimoetric but in the other hand there is direct confirmation of USCIS receipt of the application....
Imagine u paper filed the renewal and send the package and for weeks u do not get a confirmation number for ur application.....that is even more frustrating than the hassle of e-file......
not knowing where u r heading is worst than being lost ....:) The choice is ours....
All the best buddy ....will keep u posted....
more...
pictures NYCfoto.com | New York City
pappu
08-19 09:02 PM
It takes only one person to start a movement and everyone follows it. When 4 people do it, it will be a seed for something big.
I am sure now we will get people from across the country doing this in their towns, Malls, Grocery stores, temples, restaurants etc.
This is how a grassroots movement catches momentum and is successful. The success of our rally depends on such people who will go out of the way and make the extra effort.
Kudos to Sanjeev, Raj, Murali and Kumar. You are our heroes of the week.
On behalf of core team, we thank you for this effort.
I am sure now we will get people from across the country doing this in their towns, Malls, Grocery stores, temples, restaurants etc.
This is how a grassroots movement catches momentum and is successful. The success of our rally depends on such people who will go out of the way and make the extra effort.
Kudos to Sanjeev, Raj, Murali and Kumar. You are our heroes of the week.
On behalf of core team, we thank you for this effort.
dresses in New York at night.,
quizzer
11-16 01:03 PM
Hi Raj
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
Sunny is right.
The approval came after 27 days of opening the SR.
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
Sunny is right.
The approval came after 27 days of opening the SR.
more...
makeup New York by night view of
sunty
07-11 05:18 PM
[QUOTE=PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now[/QUOTE]
Maybe I am missing something here...Why do people think its a USCIS conspiracy to move PD forward...If someone's PD is current and he/she gets a 1 year EAD again, they will pay the $360 fee if they filed their I-485 before July 30, 2007, but they don't have to pay the fee again even if they get just a 1 year EAD...only they might have to do is to file the EAD application again next year WITHOUT the fee...
Maybe I am missing something here...Why do people think its a USCIS conspiracy to move PD forward...If someone's PD is current and he/she gets a 1 year EAD again, they will pay the $360 fee if they filed their I-485 before July 30, 2007, but they don't have to pay the fee again even if they get just a 1 year EAD...only they might have to do is to file the EAD application again next year WITHOUT the fee...
girlfriend New York At Night
vinki
10-27 01:31 PM
hi !
Thank you gurus for your quick response .... have one more question in mind ...
Is it a pre-requisite to have SSN before applying for a job ?
thanks
Vinki
Thank you gurus for your quick response .... have one more question in mind ...
Is it a pre-requisite to have SSN before applying for a job ?
thanks
Vinki
hairstyles Alone in the crowd
needhelp!
10-02 01:53 PM
we miss you...
little_willy
09-15 11:49 PM
�Progress is impossible without change, and those who cannot change their minds cannot change anything.�
siddar
01-05 04:40 PM
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.
my 2 cents.
my 2 cents.
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