akhilmahajan
09-21 09:30 AM
Folks, the idea of this thread was to appreciate what Pankaj did and i am sure everyone agrees with me that he did a wonderful job.
To do it or not to do it, is a totally different thing.
This is a learning process and this rally was done for the first time. So, there were a lot of lessons learned.
We will do a better job in the next rally.
Instead of worrying about the rights and the wrongs, lets spread the words, lets get some more local lawmakers meetings, lets educate ppl about the issue.
Come on folks lets use this wonderful oppurtunity to advance our cause, lets use this positive energy to educate ppl more about LEGAL IMMIGRATION.
IV is a platform where we can unite and get things done together. IV does its best, but IV wants individuals to try at their personal level.
Come on guuys so lets start working on positive things and lets keep on moving forward.
GO IV GO
To do it or not to do it, is a totally different thing.
This is a learning process and this rally was done for the first time. So, there were a lot of lessons learned.
We will do a better job in the next rally.
Instead of worrying about the rights and the wrongs, lets spread the words, lets get some more local lawmakers meetings, lets educate ppl about the issue.
Come on folks lets use this wonderful oppurtunity to advance our cause, lets use this positive energy to educate ppl more about LEGAL IMMIGRATION.
IV is a platform where we can unite and get things done together. IV does its best, but IV wants individuals to try at their personal level.
Come on guuys so lets start working on positive things and lets keep on moving forward.
GO IV GO
wallpaper horsefight2 - Horses Wallpaper
krishnam70
02-15 12:51 PM
My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
Due diligence
Send a Certified email with receipt /delivery acknowledgment to the employer with your request. Prepare a proper trail of documentation. If the employer does not relent, report the same to IRS after consultation with a tax consultant.
kris
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
Due diligence
Send a Certified email with receipt /delivery acknowledgment to the employer with your request. Prepare a proper trail of documentation. If the employer does not relent, report the same to IRS after consultation with a tax consultant.
kris
mnkaushik
03-02 09:10 AM
You dont have to pay any taxes for tranfering money. It looks like you are supporting your parents by transfering your savings to their account.
Since the account is in your parents name and i am guessing you are not a jt holder since that is illegal in india. A NRI and indian resident cannot be joint holders of an account.
If you were transferring it to your nre or nro account in India then you are supposed to report the account information using FBIR form( if sum of amount in all acounts > $10K) and pay taxes in US on the interest earned in those accounts.
I was not doing it initially but for past 5 years i have been paying taxes and past three years reporting all my accounts to IRS.
Hope this helps.
Since the account is in your parents name and i am guessing you are not a jt holder since that is illegal in india. A NRI and indian resident cannot be joint holders of an account.
If you were transferring it to your nre or nro account in India then you are supposed to report the account information using FBIR form( if sum of amount in all acounts > $10K) and pay taxes in US on the interest earned in those accounts.
I was not doing it initially but for past 5 years i have been paying taxes and past three years reporting all my accounts to IRS.
Hope this helps.
2011 Warmblood Horse - Beach,
needGCcool
08-28 10:47 AM
Guys pls stop taking useless info pass appointments. People like me who have not received EAD and may loose the job are not able to get infopass appointments because of all the people taking appt to know the 485 status. Pls understand......
I do not know when you started the process of renewal, but you could have filled 4 months ago. Then, secondly, if you are so eager go and take an appt in another city. Just an option...Everyone has the right to do whatever they choose...
I do not know when you started the process of renewal, but you could have filled 4 months ago. Then, secondly, if you are so eager go and take an appt in another city. Just an option...Everyone has the right to do whatever they choose...
more...
Canadian_Dream
12-19 04:51 PM
You can file as many I-140's in any category (EB2/EB3/NIW) as long as you have a certified labor for a bona fide position with a matching education and company has ability to pay for those positions. These I-140's can come from one company or different ones it doesn't matter.
In your current situation:
1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.
2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.
3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
http://www.ilw.com/seminars/august2002_citation2c.pdf
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
In your current situation:
1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.
2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.
3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
http://www.ilw.com/seminars/august2002_citation2c.pdf
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
pcs
01-03 08:26 PM
Can you get AC 21 advantage if you just wait ( NOT WORK in case of a friendly past employer) after filing 485 ?
Is it necessary to work for 180 days ?
If working for 180 days is not required then, one can work for someone else on H1B & file 485 from the past employer. After 180 days of filing, one could use AC21 to move from one job to another.
Can some one give expert advise ?
Thanks
Is it necessary to work for 180 days ?
If working for 180 days is not required then, one can work for someone else on H1B & file 485 from the past employer. After 180 days of filing, one could use AC21 to move from one job to another.
Can some one give expert advise ?
Thanks
more...
jonty_11
07-16 12:23 PM
unfortunately, I think there is more demand than supply for EB2 India Mostly (maybe China too)...which will not let any relief be brought to any EB3 categories....If USCIS keeps allocating spillovers to EB2...they will never quell that demand.
I agree with Nixtor that dates for EB2 (I and C) will go back again..to at least 2004 if not later.
I agree with Nixtor that dates for EB2 (I and C) will go back again..to at least 2004 if not later.
2010 Wallpapers - WallGall
GCBy3000
01-04 11:01 AM
I checked with my company attorney, he says as below:
140 approved, 485 pending for more than 180 days and if they stay with the same employer, they could get promoted. The job description may be the real driver here. It changes only 20% and they keep all the originial provisions. The 20% extra is addition to their existing role, but the job title changes to lead role.
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
140 approved, 485 pending for more than 180 days and if they stay with the same employer, they could get promoted. The job description may be the real driver here. It changes only 20% and they keep all the originial provisions. The 20% extra is addition to their existing role, but the job title changes to lead role.
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
more...
gagbag
06-14 08:57 PM
CIR IS BACCCCKKKKKK
http://www.nytimes.com/2007/06/14/washington/15cnd-immig.html?_r=1&hp=&adxnnl=1&oref=slogin&adxnnlx=1181870488-fLWfDHMc/OwYBsuYjs7bdw
http://www.nytimes.com/2007/06/14/washington/15cnd-immig.html?_r=1&hp=&adxnnl=1&oref=slogin&adxnnlx=1181870488-fLWfDHMc/OwYBsuYjs7bdw
hair HORSES DESKTOP WALLPAPERS
Dhundhun
08-05 09:14 PM
Well H1B can bring their spouse using H4 .. so I guess GC holder can not bring their spouse .. I guess this is a hole in the system.
H1-H1 couple can support status of each other (H1-H4 or H4-H1)
H1-F1 couple can support each other (H1-H4 or F1-F2)
But
GC guy can't support status if H1 spouse lost job and became out of status
GC guy can't support status if F1 spouse becames out of status
GC guy can't bring spouse from home country
UNLESS SPOUSE/Kids goes through complete F2A visa process (several years)
It can make life of GC spouse miserable (of course GC guy also). Imagine GC-H1 marriage, H1 out of status after loss of job. After loss of status, H1 spouse has to return, but GC spouse will try to remain in USA for own status and in hope to bring spouse back after getting citizenship.
H1-H1 couple can support status of each other (H1-H4 or H4-H1)
H1-F1 couple can support each other (H1-H4 or F1-F2)
But
GC guy can't support status if H1 spouse lost job and became out of status
GC guy can't support status if F1 spouse becames out of status
GC guy can't bring spouse from home country
UNLESS SPOUSE/Kids goes through complete F2A visa process (several years)
It can make life of GC spouse miserable (of course GC guy also). Imagine GC-H1 marriage, H1 out of status after loss of job. After loss of status, H1 spouse has to return, but GC spouse will try to remain in USA for own status and in hope to bring spouse back after getting citizenship.
more...
addsf345
11-04 02:11 PM
I found a very detailed discussion thread (http://immigrationvoice.org/forum/showthread.php?t=5890) about good/bad experiences with different immigration lawywers. This was back in July Last Year when most ppl were filling for 485.
Now many of them are invoking AC21, can some one share experience with AC21 attorney representation?
I know we do not need an attorney for AC21, but I am inclined to go with one just for the peace of mind.
After carefully reading thru' every post on above thread, calling some friends and my own online research, I am thinking of either Rajiv Khanna or Ron Gotcher. I have a close friend who is with Rajiv Khanna for a long time and has good words for him. But I personally do not know anyone who is currently a client with Gotcher Law firm. If there is anyone who has specific experience or recommandation with Gotcher Law Firm or any other, please share.
On a side note, my current company's corporate attorney is very rude, not-apporachable and very costly. Never replied to emails or phone calls. Also by contract, I can not have him represent my case, once I resign from my current position.
Now many of them are invoking AC21, can some one share experience with AC21 attorney representation?
I know we do not need an attorney for AC21, but I am inclined to go with one just for the peace of mind.
After carefully reading thru' every post on above thread, calling some friends and my own online research, I am thinking of either Rajiv Khanna or Ron Gotcher. I have a close friend who is with Rajiv Khanna for a long time and has good words for him. But I personally do not know anyone who is currently a client with Gotcher Law firm. If there is anyone who has specific experience or recommandation with Gotcher Law Firm or any other, please share.
On a side note, my current company's corporate attorney is very rude, not-apporachable and very costly. Never replied to emails or phone calls. Also by contract, I can not have him represent my case, once I resign from my current position.
hot hair ASPCA Horse Wallpaper
CT_Green
01-23 07:23 PM
"Representative Elton Gallegly (R-CA) introduced H.R. 133, Citizenship Reform Act of 2007, which would limit citizenship by birth to children born to at least one permanent resident or citizen parent."
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This requires a change in the constitution and I do not think it will ever pass.
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This requires a change in the constitution and I do not think it will ever pass.
more...
house Arabian horses
karthkc
02-29 11:26 AM
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.
The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.
In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.
The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.
If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.
If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.
As always, check with an attorney for your specific situation and use your best judgement.
Good Luck!
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.
The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.
In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.
The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.
If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.
If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.
As always, check with an attorney for your specific situation and use your best judgement.
Good Luck!
tattoo Horses Wallpapers
Ram_C
03-03 03:37 PM
How long is it taking for renewing passport at San Francisco?
I submitted my passport renewal application by hand on 25th Feb, and got a pickup date of 17th Mar.
looks like SFO is bit slow in processing passport renewals.
I submitted my passport renewal application by hand on 25th Feb, and got a pickup date of 17th Mar.
looks like SFO is bit slow in processing passport renewals.
more...
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rc0878
10-01 08:48 PM
Guys got my FP and AP last nite. Check signature for more details.
The status of my Travel document on USCIS site has been following for a while -:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On September 20, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
How long does it take for it to actually arrive??? Any idea??
The status of my Travel document on USCIS site has been following for a while -:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On September 20, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
How long does it take for it to actually arrive??? Any idea??
dresses horse wallpaper. horses
man-woman-and-gc
03-03 01:10 PM
See the forum post linked below...
http://immigrationvoice.org/forum/showpost.php?p=320990&postcount=4
See this document I posted on Scribd:
http://www.scribd.com/doc/12822387/485vsH1b
Thanks for responding to my post.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
http://immigrationvoice.org/forum/showpost.php?p=320990&postcount=4
See this document I posted on Scribd:
http://www.scribd.com/doc/12822387/485vsH1b
Thanks for responding to my post.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
more...
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pd_recapturing
03-16 02:14 PM
Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.
Teli,
Which line of my post suggests that I am advertising for him? If someone posts a link from a news paper, does it mean that he/she is advertising for the news paper. I just found it on his website and found it relevant for us so I posted it. For your information, I am not his client.
Teli,
Which line of my post suggests that I am advertising for him? If someone posts a link from a news paper, does it mean that he/she is advertising for the news paper. I just found it on his website and found it relevant for us so I posted it. For your information, I am not his client.
girlfriend horsefight1 - Horses Wallpaper
.jpg "Horses Wallpapers")
smsthss
11-19 01:34 PM
It takes about 2 weeks get the RFE. It contains 2+ pages, first page is cover letter and second page+ will contain RFE details. NSC is know to issuing RFE on ability to pay, education (if 3 years degree) and detailed professional experience letters.
I have a 4 yrs BE (ECE) degree. so am not sure what could be the RFE. Do we also have to submit education evaluation for a 4 yr BE degree from Ind?
I have a 4 yrs BE (ECE) degree. so am not sure what could be the RFE. Do we also have to submit education evaluation for a 4 yr BE degree from Ind?
hairstyles horse-wallpaper-1600x1200.
roseball
03-29 03:57 PM
Hi Guys,
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
pm1010
08-07 04:05 PM
Guys,
It purely depends on your personal circumstances and how much you are willing to stretch. Though the life in Canadian - US is pretty similar, in my experience we all are so attached to the US that moving to Canada may not work for all of us.
I had Canadian PR in Year 2000 , i temporariliy moved to explore my option with longterm plans , but unfortunately it did not work out , i even tried windsor-detroit option, it too stressful and i personally feel it ani't worth !!
My 2 cents!!!
It purely depends on your personal circumstances and how much you are willing to stretch. Though the life in Canadian - US is pretty similar, in my experience we all are so attached to the US that moving to Canada may not work for all of us.
I had Canadian PR in Year 2000 , i temporariliy moved to explore my option with longterm plans , but unfortunately it did not work out , i even tried windsor-detroit option, it too stressful and i personally feel it ani't worth !!
My 2 cents!!!
webm
10-03 01:29 PM
Myself/spouse FP done on 09/05/07 and I-485 LUD changed twice, the day we gave fingerprint and one day after .
Just in case...
Just in case...
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