Thursday, June 9, 2011

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  • rhoh
    07-29 10:01 PM
    Once you are on F-1 (in the rare case), then you'll file your tax returns as Non-resident Alien and this will mean abandonment of 485.





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  • tikka
    08-07 11:31 AM
    how bad can that be.. :D

    any other tri state members want to be a part of IV?





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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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  • chanduv23
    02-12 01:36 PM
    - lazy folks, are NOT just lazy to contribute $$
    - many simply just dont know what mess that are into yet

    im sure time will teach lessons to those, but no use - it may be too late. they might think about IV - when they have packed their bags and while at the airport, taring their I-94's one last US departure. yeah going for good is what i mean. see you somewhere in india. may be a good subject to talk when we all retire.

    I second this. Most people have no clue what kind of mess they got into. Everyone is used to the comforts of life in the US and want to make it their home by any means, but no one understands that life is not easy.



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  • kalyan
    04-17 10:30 AM
    By the time, the DOL comes in and does all the needy and get a court hearing, still the employer will not pay you if he wishes.

    The judgments are there for employers and they did'nt even get a penny out of it.

    Since they are US citizens, they don't have anything to loose.

    I would say, report to USCIS with all the facts but becautious about your own H1B and other details.

    May be u 'll come under the lense of "OUT OF STATUS"

    Good luck.





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  • pappusheth
    05-02 07:29 PM
    Once you get the I-94 at POE, the I-94 which comes with the I-797 become invalid. Always the latest I-94 counts.

    snathan: In that case my I-94 will be valid thru August 2009 which is the expiry date of current my stamped visa. Then what happens after August 2009? Since my I-94 will be expired, is that considered an unlawful presence? If so, what should I do then?

    We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.

    mckottayam: did you tell the IO explicitly that you had I-797 extensions approved to get I-94 stamped thru end of I-797?

    Lastly, for my wife, who will be entering on AP will be given one year of I-94. what happens after that I-94 is expired? Is that considered as unlawful presence? In that case will she have to renew her I-94? In general for people who enter on AP, what happens after their I-94 is expired??

    I appreciate your responses on this I-94 expiry piece.. I want to make sure that either me or my wife are not staying with expired I-94.
    Thanks.



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  • ahasan
    05-31 10:18 AM
    This is my first time $100 contribution.
    Paypal Id: 31T703381K4953443





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  • lazycis
    02-11 09:52 AM
    wow.. thanks guys.. you guys so nice..i didt come illegal here.. like you see i said i lost my statu becouse some thing stupit happens..and i try to stay legal..anyway..thank for you support..

    Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
    Anyway, you cannot use your lottery case as that visa number expired back in 03.



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  • srinivas_o
    01-08 10:53 AM
    Thank you for the quick response.

    You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???




    I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
    The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.

    I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.

    edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.

    So, Please don't over do. just give only the document that is asked for.





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  • sathyaraj
    12-17 03:57 PM
    Identify what is the job code in your LC and try to compare the new job duties in the similar category. If you happen to fall within the same group then you are fine. like within 15.****


    http://online.onetcenter.org/link/summary/15-1051.00

    Try to identify the job code of ur new job, then you will be able to compare.

    Hire an attorney before taking any major descisions.



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  • immi2006
    05-24 10:30 AM
    Recently in a IIT meet and IISC meet we came across a huge number of folks in EB2 on GC wait., I was told their numbers exceed 1000 plus through the internal IIT network.. so if they consume X number just in Bay area, what about rest of US. Live happily while you are here, enjoy the weather and do not pin hopes on US. Think that you were fortunate to come here in prime of youth and learnt a thing or two..


    Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.

    It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is locking the priority date by applying LC under the old system.





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  • waiting_4_gc
    01-18 01:54 PM
    Great idea. We are getting another opportunity to meet with our NorCAL IV members.
    I am in.
    Can someone PM me with more info about this event?



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  • Dipika
    11-03 01:21 PM
    i have not done visa extention for my mother in law, but i had asked lawyer about it when last year my mother in law was here.
    Lawyer said it's possible to get extention. and they need traveler's check of $5K on my mother in law name to send for extention, which proves she has enough money to stay and travel further in USA.
    i had not followed it, but this time i'm going to do it when my in laws visit again.
    I would say it would be batter to go through lawyer as they have different tricks to get it faster and easily.





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  • gc28262
    06-14 03:54 PM
    Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."

    Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?

    I am not thorough on this topic. From what I read on the forum, you can use your old PD in your current I-485. More knowledgeable people please chip in.



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  • cbpds
    10-20 12:17 PM
    he is leading his dem candidate by 30 points in one poll

    This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses





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  • ashkam
    04-01 03:24 PM
    Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

    You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.



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  • fall2004us
    09-14 03:50 PM
    listening.......
    great job IV....





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  • Kodi
    06-03 09:16 AM
    How does it work?

    According to the list an Accountant position requires a STEM discipline in Computer Science.

    So an MS in Computer Science falls under STEM but an MS in Accounting does not?

    Could some please verify this?





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  • GC_1000Watt
    12-15 11:42 AM
    Answers in Red Ink Below....

    Thanks a lot for your reply. I really appreciate if you can aswer the following:
    Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?

    Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.

    if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

    I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.

    Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....



    Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.

    Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?





    arunmohan
    04-01 12:28 PM
    greenguru:

    Congratulation.

    From your 2 responses, I did see that you filed labor under EB2. Could you please confirm that you filed labor first then I-140 or just I-140?

    Once again congratulation and Enjoy your freedom.

    Thanks a lot.





    thomachan72
    01-24 03:09 PM
    Probably around April 2007. I was hoping it will clear till July 2007 but does not look like

    Lets hope for a miracle!!



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