Monday, June 13, 2011

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  • Hinglish
    01-08 12:59 AM
    I appreciate your interest in my posts :)





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  • greenguru
    03-31 03:26 PM
    Yes. I applied for EB2 again in Jan 2009 and ported from EB3 to EB2.

    So that is why it took me so long





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  • nozerd
    01-17 09:35 AM
    Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.

    You will need one anyway when you do file I 485 or CP so might as well keep it ready now.





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  • EkAurAaya
    03-19 04:10 PM
    What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?

    From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?

    Can anyone who has sold a property on h1 or EAD confirm this?

    Please share first hand experience and not something that someones heard through the grapevine



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  • GCBoy786
    09-16 12:09 AM
    I don't know what "UNKNOWN" means. My wife is on her F1 (OPT). Same is the case with my friend. Both of our's says unknown.

    TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.

    Guys, please update if you know any more details about this.





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  • nonimmi
    06-20 01:44 PM
    If the visa is already expired, you better wait to get the travel documents (AP) so you don't need to go for stamping.

    If you use AP to go and return without stamping new H1, can you continue working with H1 or you've to use EAD? And if you use EAD, can you be with current employer?? This is confusing!! :confused:



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  • solaris27
    08-04 10:36 AM
    Yes...i am july 2nd filer...still waiting.

    PD Feb 2005





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  • senthil1
    07-26 10:04 AM
    I am not sure about changing H4 to F1 as F1 is dual intent visa. I am sure mostly your wife's F1 will be rejected at Consulate as her spouse is staying here but I am not sure about changing status from H4
    to F1 here.
    If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer

    Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!



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  • mrajatish
    11-17 12:00 PM
    Yes, I think this is absolutely true - infact, I have given myself till 2007 end for that specific reason. If nothing changes by 2007 June/July, I will start looking at Australia, Canada, UK and India (most likely I will go back to India).

    I might come back when this country changes, and believe me, it will change, esp. when people from baby-boomer generation retires.





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  • copsmart
    02-20 08:44 PM
    You are not alone�

    This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.

    Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.


    How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
    -a



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  • mrajatish
    05-25 08:52 AM
    Jazzy2, please talk to staff if you can - they like personal interaction. Best of luck. Called Sen. Graham, and Sen. Alexandar. Also, call the business friendly repubs and immi friendly democrats more. Called patty murray, maria cantell, Harry reid, Sen Lieberman, Sen. Salazar, Mccain, Cornyn, Martinez, Obama, Leahy.





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  • WaldenPond
    06-29 09:04 AM
    Hello jkays94,

    Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.

    A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -

    “In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”

    “The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”

    At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.

    Thank you Randallemery.

    WaldenPond



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  • Michael chertoff
    04-07 07:33 PM
    Hmm. Another kela. Don't worry MC, your time will come.

    Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.





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  • PALLO
    04-20 06:07 PM
    thanks for your input. Is it possible to do labor at multiple locations simultaneously?



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  • pmpforgc
    04-27 10:18 AM
    Hi

    I think it is true that you need to be careful with Indian immigration people.

    Two three years back One of my senior NRI friend's wife who is US citizens passport was Intentionally Lost by Immigration People at bombay airport by immigration people, which could be recovered after SEVERAL DAYS of INTENSE PRESSURE on immigraton people by US consulate authorities as well as official complaints at Police.

    SO you can not ignore this issue. You definately need to be careful when you hand over your documents to Airport peoples at Indian airports.All may not be that bad, but several such cases are happened.

    I think they do this only to NRI to earn lot of money out of immigration racket. with recent involvement of MP etc. in racket we can see that how deep this thng can go if people are not careful or opposing it at every chance.

    Citizens of other countries who are not NRI does not need to Worry about this as they can not earn anything with their passport US visa stamp etc. So they will never do these type of thing with any other foreign citizen who is not NRI (non-resident indian)





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  • pmamp
    12-07 11:43 AM
    Hi,

    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.


    Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.



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  • perm2gc
    05-31 12:18 PM
    Recently joined.

    Contributed $200.
    Thank You.People who are just browsing the forum..please come forward..it is not only our issue but it is EVERYONE'S issue..if we don't act now..we will have no time to act in future.





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  • ivgclive
    04-13 04:56 PM
    It is not a joke.

    It happens to one guy last week.

    My friend knows it for SURE.

    He is working for a software company and that was the first time he traveled to US on a H1B visa.

    As soon as he landed in JFK, the immigration officers (4 of them) went to him and gave him "Green Card".

    No PERM :rolleyes:, No I-140 :rolleyes: and No-I-485 :rolleyes:.

    How is that?

    PS: On the same day they ordered "Expedited Removal and 50 Years Bar" and sent him back. He left US happy with his "Green Card".





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  • mariusp
    12-20 10:08 PM
    There is no scam. At least from what you describe...
    I don't think you understand how the income tax really works. There's no way that the company can take 33% of your MONTHLY paycheck for taxes. First of all, tax is calculated on the yearly income not the monthly one and second, tax calculated for each bracket on the amount of income that falls within that bracket. For example, say your friend makes 100k a year.

    Assuming that he files as single with no dependents, that means:
    (http://www.wwwebtax.com/tables/tax_rate_schedules98.htm)

    Tax brackets are:
    $0 - $7,300 tax is 10% ---> he pays $730$
    7,300 - 29,700 tax is 15% ---> he pays $3,360
    29,700 - 71,950 tax is 25% ---> he pays $10,562
    71,950 - 100,000 (his income) tax is 28% ----> he pays $7,854

    -------------------------------------------------
    You add all those up and the total amount in tax he owes is $22506 / year

    Okay, now subract this amount from 100k and you get: 77494 / 12 months
    = 6457 per month

    Now you need to pay social security and medicare:
    Social Security about $500
    Medicare about $120

    You get: $5800 in hand

    Your friend probably screwed up his W4 form and now the company withholds too much out of his paycheck. But there's no problem, he can correct it at any time by resubmitting / reviewing his W4 with the employer. In the event he doesn't, at the end of the year he will get a big fat tax refund from the IRS for the amount he overpaid during the year.

    In any case, you want to make sure at the end of the year you don't owe anything and you are not owed. You don't really want to lend money with 0% interest to uncle Sam, right?





    Nil
    07-21 09:50 AM
    Very Potent topic.
    During the downturn, company decided to dissolve local satellite office and have everyone in the region work from home.
    DOL audited labor application asking 'why home and work addresses are the same: is the candidate related to employer?'
    Go figure.
    Lawyer mentioned there is no provision on the labor app form to indicate 'home office'. Also, in this case, where to do the labor for - the region where the professional is living or the main office (opposite coasts in my case) is unclear.
    If the residing city is tested for labor, which is rational, how do you ensure 'the ad must be displayed at the workplace'?
    What if DOL denies application due to lack of clarity on such issues?

    IV leadership pls comment as possible.....





    wandmaker
    08-17 02:14 AM
    Thanks for the valuable inputs.

    Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.

    If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?

    You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.