uslegals
08-20 04:12 PM
Can somebody please reply..? Your advice will be priceless for me at this stage..! Thank you!
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istrategist
03-15 12:25 PM
Still hoping to hear back with some suggestions / pitfalls / things to be careful about.
Any help greatly appreciated - thanks!
Any help greatly appreciated - thanks!
aristotle
02-26 02:03 AM
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.
As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??
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.
As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??
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gapala
03-02 05:18 PM
Here is the abstract of the paper....
Abstract:
These returnees contributed to the tech boom in those countries and arguably spurred the growth of outsourcing of back-office processes as well as of research and development.
This hits right on the bulls eye. This actually truned disastrous in the long run and may very well continue to pull down the objectives of 21st century american competitiveness, unless they do something drastically different to attract and retain the talent.
Given the tax payer stimulus, which is only going to create 3 million blue collar workers and may be a state of the art infrastructure, which already is, will add fuel to fire and the bubble/boom will be visible only in different side of the earth. Its unfortunate, but highly possible as many trend analysts like Celente predicts.
Abstract:
These returnees contributed to the tech boom in those countries and arguably spurred the growth of outsourcing of back-office processes as well as of research and development.
This hits right on the bulls eye. This actually truned disastrous in the long run and may very well continue to pull down the objectives of 21st century american competitiveness, unless they do something drastically different to attract and retain the talent.
Given the tax payer stimulus, which is only going to create 3 million blue collar workers and may be a state of the art infrastructure, which already is, will add fuel to fire and the bubble/boom will be visible only in different side of the earth. Its unfortunate, but highly possible as many trend analysts like Celente predicts.
more...
waitnwatch
07-16 02:38 PM
Wondering whether you would take a decision just based on what we amateurs have to say. At least ask this question on the "free question to attorney thread" if you are looking for an answer you can trust.
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
puddonhead
07-23 02:56 PM
Assuming you have very good credit history - you may also consider getting Citibank PremierPass Elite card. It gives you 1 thankyou point for each mile - multiplied by the number of travellers when you book using this card. This is in addition to any airline miles you will earn.
I got $500 of gift cards (staples/sears etc.) and cash checks from encashing the thankyou points (roughly fifty something thousand) from my last India trip. This card has $75 yearly fee - but that is more than compensated by the 20,000 bonus thank you points they give for enrolling in the card.
And if you have a long layover like I had (7 hours) - maybe you could even consider one of those cards which gives you free lounge access. I have Citibank Platinum Amex. These cards require even better credit history than Premierpass Elite. Again - all these cards have yearly fee - but you can get bonus for enrolling which compensates for these. Mine has a $125/yr fee and gave me a bonus of 20,000 thankyou point for enrolling.
I typically go to india every alternate year. My plan is to cancel these cards every year and re-enroll just before I travel.
I got $500 of gift cards (staples/sears etc.) and cash checks from encashing the thankyou points (roughly fifty something thousand) from my last India trip. This card has $75 yearly fee - but that is more than compensated by the 20,000 bonus thank you points they give for enrolling in the card.
And if you have a long layover like I had (7 hours) - maybe you could even consider one of those cards which gives you free lounge access. I have Citibank Platinum Amex. These cards require even better credit history than Premierpass Elite. Again - all these cards have yearly fee - but you can get bonus for enrolling which compensates for these. Mine has a $125/yr fee and gave me a bonus of 20,000 thankyou point for enrolling.
I typically go to india every alternate year. My plan is to cancel these cards every year and re-enroll just before I travel.
more...
bharol
10-09 08:38 PM
Visitor visa/Business visa for Germany .I have plan business trip to Germany but to get visa, German consulate web site saying they will need visa stamp in passport. My visa stamp in passport is expired and I had use AP for my last entry.
Does any have done European visa with above condition .Please share your thoughts?
Thanks
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
Does any have done European visa with above condition .Please share your thoughts?
Thanks
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
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div_bell_2003
03-04 08:09 PM
Interesting link, thanks for posting :) , if this is true , how come IO's come up with blank when asked if the namecheck has been cleared or not ? This might actually be good news , according to the memo, they are going to clear out 98% of the namecheck cases pending more than 30 days, that's pretty amazing ( as they declare too at the end of the memo :D)
It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf
It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf
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elusive
10-25 03:16 PM
I am in the same boat:
Application recieved: Aug 13
reciept date: October 13
Case status of 765:Approved and got my card also
Case status of 131 :Unable to see status
Case status of 485:Unable to see status
All three reciept numbers starts with SRC-08-008-XXXXX
Customer service lady says" Keep looking you will see it soon"
PD: EB-3 (March 2003)
Application recieved: Aug 13
reciept date: October 13
Case status of 765:Approved and got my card also
Case status of 131 :Unable to see status
Case status of 485:Unable to see status
All three reciept numbers starts with SRC-08-008-XXXXX
Customer service lady says" Keep looking you will see it soon"
PD: EB-3 (March 2003)
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makemygc
06-12 07:38 PM
See my response below:-
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
more...
pavish
09-12 11:12 PM
i had tb 5 years ago,and i am perfectly ok but in x-ray still has scars.what should i do?i have a lots of tention ?becoz in gc medical exam is compulsory .even though i am perfectly ok now still have scars.plz suggest me what should i do?
X Rays can differentiate between active TB and scarring. Scarring seen on X Rays will not hold up your GC application
X Rays can differentiate between active TB and scarring. Scarring seen on X Rays will not hold up your GC application
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vallabhu
11-29 04:19 PM
Already did that in previous reply, the new letter says the evaluation is done basing on the syllabus but Mr vallabhu did not actually take math course as per the syllabus.
I have my certificate from 1992 which also mentioned Math as one of the subjects I don't how he can miss that.
I have my certificate from 1992 which also mentioned Math as one of the subjects I don't how he can miss that.
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ayaskant
01-31 11:08 PM
Hi,
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
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ski_dude12
07-13 08:08 PM
You are welcome to live your life in fear of USCIS by all means. I am not interested in being a slave like you. I hope you enjoy your slavery till it lasts.
And btw, I really give two hoots to your source. I have read your other posts and frankly this post of yours does not surprise me. I value my sleep much more.
And btw, I really give two hoots to your source. I have read your other posts and frankly this post of yours does not surprise me. I value my sleep much more.
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skd
08-11 11:20 AM
Here you go!
I have Sept 2004 date , I can not vote in both Polls
I have Sept 2004 date , I can not vote in both Polls
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maverick_joe
05-06 09:22 AM
and secondly there is no i-140 premium processing as of now..:(
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RNGC
02-04 10:15 PM
I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
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gc28262
07-15 05:43 PM
This memo was discussed extensively on this forum in the past and many lawyers have given their opinion.
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
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deekay
06-23 05:01 PM
Although this type of mistake on the I-94 would be an issue of you were solely maintaining H-1B status, because you are considered to be in the U.S. in an authorized period of stay as an Adjustment of Status (AOS) Applicant, the incorrect date on the I-94 should not present a problem for you. Technically your period of authorized stay as an AOS applicant can only end once your AOS application is adjudicated, so the dates listed on the I-94 cards for AOS Applicants are always somewhat arbitrary to begin with. Customarily AOS applicants are issued I-94 cards that are valid for a one-year period, however, if for instance, that year ends, and the I-94 �expires�, the AOS Applicant would still be maintaining valid status so long as the AOS application remains pending.
In any event, we are not sure if the CPB Deferred Inspection unit will correct this because of the situation above, and we do not feel that the correction is necessary. In addition to continuing to be in period of authorized status as an AOS Applicant, you also have a valid I-797 for H-1B status, and even though you re-entered the U.S. on Advance Parole, you are still eligible for employment pursuant to the H-1B petition.
In any event, we are not sure if the CPB Deferred Inspection unit will correct this because of the situation above, and we do not feel that the correction is necessary. In addition to continuing to be in period of authorized status as an AOS Applicant, you also have a valid I-797 for H-1B status, and even though you re-entered the U.S. on Advance Parole, you are still eligible for employment pursuant to the H-1B petition.
glus
11-06 03:47 PM
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
Sandeep
03-08 07:28 AM
Pl. find here some more stuff about DOL/BEC and PERM.
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
Page 212
"The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
"ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
Page 212
"The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
"ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."
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