Tuesday, June 7, 2011

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  • kunjirs
    03-07 03:01 PM
    I am in the same boat. Filed EAD on DEC 10 2010 with TSC and still waiting. Contacted USCIS Customer Support and create Expedite Request last Friday. I was told that I will hear back in 5 days. Will post back if I hear anything.





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  • ushkand
    10-09 12:11 PM
    can she move from H1 to EAD immediately?
    Yes

    what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office?
    Pros are -
    She can work for anyone or even not work at all

    Cons -
    The only risk here is the probability of your 485 being rejected. Also, having to use AP and renewing EAD/AP every year.

    Also what kind of company she can have on EAD (corp,LLC)?
    what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
    You should be able to start any kind of company. The simplest way would be to get a DBA (Doing business as) for her. Should take no more than 15 minutes at your local county office. That should suffice for independent contracting. She would then be on a 1099 with her client.

    Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?


    You can always keep your company "open". You don't lose anything if you just have a DBA.

    Once she have her own company then she will work thru that company corp-to-corp or 1099??
    If you start an LLC or C/S corp, then it will most probably be a corp-to-corp and can get tricky with a lot of paperwork involved. DBA should be the most simple way if you are not planning on actually starting a "consulting firm" with more employees.





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  • gg_ny
    10-02 03:26 PM
    I can't imagine why people do not want to give whatever I-94 they had collected between two trips out of US. NOt sure of the rules, but the common procedure is to surrender original I-94 AND the ones you got with each H1B. I haven't heard so far that I-94's not returned gained monetary value on ebay or people could use them for anything else. For me, I see surrendering all of them as one ( or some) more document(s) not to worry about.


    But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.





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  • thomachan72
    09-07 09:46 AM
    Just as under the Indian constitution under the Income tax act all citizens whether residing inside the country or not are treated equally. the Govt will be acting against the law and infringing upon basic rights if they create different tax structures based upon place of residence for citizens. For eg:- interest on bank deposits is income generated within the country and for that there is a compulsory TDS in case of NRIs. This is a provision to prevent people from repatriating income without paying due taxes as it becomes the responsibility of the bank to collect the tax. Now as any citizen an NRI has the right to any exemptions / deductions and can claim back excess tax that was deducted when he/she files the income tax.
    I wouldn't be worried about this article unless your personal chartered accountant in India tells you something. You cannot be taxed differently from any other citizen. Let me ask you one thing; Dont you as a citizen have the right to vote irrespective of where you stay? similarly your rights dont change if you stay abroad or work abroad. Infact the govt of many states rely heavily on foreign repatriation particularly from the gulf countries.
    There is going to be a HUGE HUGE aproar if something silly like this were to happen. Its like saying, "NRIs have to pay more at the Indian gas stations because the tax is higher for them"
    Dont worry be happy it is a false article written by somebody who apparently has not understood really what he/she read.



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  • punjabi
    08-13 11:12 AM
    I personally think we should try to encourage new people to open new threads, and not discourage them. This way, they also get a feeling like they own ImmigrationVoice and they are the part of it.

    Unless there is already an active thread, we should not mind if someone opens a new thread!





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  • bang
    01-09 06:43 AM
    My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.

    So i dont think there's any new rule.

    if you have a valid I94 then it should not cause any issue
    Sreedhar where did you apply for SSN ? ie which city ?



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  • gcisadawg
    11-14 04:14 PM
    Do you guys see what happens after January 2nd (or after 6 months of receipt date)....Most of the contractors (who applied their 485 in july) will look for permanent job OR demand more money from their employers...OR more benefits from employer. Employers try to be calm and don't conflict with us. What do u guys think??

    Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.

    As far as I know, IT department of most companies are cutting down on IT resources and trying to either outsource or have captive centers in low cost destinations. Given that trend, I doubt if more permanent openings are available.
    However, I see a spike in "Programm manager" type job where an on-shore person manages a team of off-shore developers sitting in countries like India.

    What say?





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  • satishku_2000
    05-24 10:07 AM
    Here is my case:

    MS (computer engg) in US
    US IT experience more than 6 years
    No TOEFEL ( what native english speaker??)
    Worked in high growth technology/employer (I assume)
    come under STEM
    How many points will i get??


    you may get 100 points it does not matter, We are still going to have country caps ...



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  • gc_chahiye
    10-05 04:12 PM
    How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.





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  • eilsoe
    10-03 02:03 PM
    hehe, I hear ya! :P

    Have fun... :evil:



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  • casinoroyale
    03-10 12:23 AM
    I don't understand in what cases consulate holds a person's passport. What if the applicant wants to return back home country instead of waiting in Canada?





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  • GoneSouth
    07-11 10:57 AM
    Hi Folks,

    Just thought I'd share with the group, I recently received my I-140 approval. I did it premium processing through the Nebraska service center (I think) and the application was approved in 3 days (!) - submitted 06/25, premium processing fee check cashed 06/26, approval 06/29.

    Now if only they had premium processing for I-485s ! (I was impacted by this recent visa bulletin thing unfortunately ... my PD was current in June but now I have to wait till Oct to file I-485 ... sigh).

    - GS



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  • msp1976
    05-27 01:40 PM
    Problem with the poll is that only people with not current PD come here, people with current PD do not come here any longer...





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  • jsb
    12-31 10:59 AM
    Dear friends,

    My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
    My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?

    Thanks
    MOnica
    Not sure. AP allows to enter the contry because your AOS is pending. In the meantime until decision on your AOS made, you work on whatever status (H1, EAD etc.). As your H1 stamp has expired, you might need to use EAD.



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  • telekinesis
    10-20 07:52 AM
    Get the educational version! Much cheaper and is fully functional!





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  • mnq1979
    09-21 07:38 AM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Thanks.

    I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.

    Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
    Did ur wife also applied for the I485 with you or u applied alone?

    thanks



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  • jonty_11
    02-13 05:42 PM
    call customer care USCIS and ask for an update/status





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  • prem_goel
    11-25 01:32 PM
    Did you last stamped in Tijuana? Because Rule is just changed.
    NEW RULE:

    Visa Stamping from Canada/Mexico - Read and post experiences : Page 0 (http://www..com/experience/readentries.do?category=22)
    You can have H1B stamping in Tijuana, only if you had last stamped in Tijuana.

    Here is the OFFICIAL link from US Consulate at Tijuana

    Visa Services (http://tijuana.usconsulate.gov/niv.html)


    Who Can Apply in Mexico

    TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of �change of status� even if that change has been authorized by the Department of Homeland Security.





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  • amslonewolf
    03-14 12:49 PM
    Just emailed mine.





    smmakani
    07-09 11:04 AM
    CP Filed at Mumbai Embassy - India
    PD: Oct 2003


    I would suggest to start a separate thread to know who are CP filers in the forum and then we can have a conf with IV to discuss what needs to be done. We can also send the private message to each to share our contact info.





    Green.Tech
    07-25 05:37 PM
    Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.

    So, did you have to redo PERM for the manager's position or did your older PERM fly?



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