msandhu
08-07 04:33 PM
You can do landing and H1-Stamping at the same time in canada. You do not need stamped visa to come back to US from Canada as long as you have your H1 extension papers with you and you come back in 30 days
GCBy3000
07-24 12:09 PM
only members who have not yet contributed use this thread to tell others why you have not made a decision on contribution. Again contribution to IV is not mandatory.
We have 20K members and 1-2k contributors. So this thread should see at least 15k members with their views on IV.
Below are some posts you could use. This will help.
1. I dont want to contribute.
2. I want to contribute but not now, may be later.
3. I am planning to contribute.
4. How to contribute, I dont know.
5. I will contrubute right now.
etc etc.
I know, not even a single response will be posted to this thread. :)
We have 20K members and 1-2k contributors. So this thread should see at least 15k members with their views on IV.
Below are some posts you could use. This will help.
1. I dont want to contribute.
2. I want to contribute but not now, may be later.
3. I am planning to contribute.
4. How to contribute, I dont know.
5. I will contrubute right now.
etc etc.
I know, not even a single response will be posted to this thread. :)
NO_Free_Rider
09-10 09:13 PM
Hi,
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006. .... ....
That was real quick to get Labor & I-140 approved in 6 months. I thought PERM is taking more time these days. Also at this pace who needs premium I-140 processing?
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006. .... ....
That was real quick to get Labor & I-140 approved in 6 months. I thought PERM is taking more time these days. Also at this pace who needs premium I-140 processing?
marty
01-09 11:46 AM
marty,
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
Thanks and I really appreciate it. No one knows whats happening to the processing times since the FY 2009 started. We really need to do something about it.
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
Thanks and I really appreciate it. No one knows whats happening to the processing times since the FY 2009 started. We really need to do something about it.
more...
krishnam70
08-14 11:32 PM
Hi,
Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.
Regards
ZooZee
PD is applicable only to 485 and has no bearing on EAD and AP. You can always apply for EAD and AP if you already have a 485 receipt.
cheers
Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.
Regards
ZooZee
PD is applicable only to 485 and has no bearing on EAD and AP. You can always apply for EAD and AP if you already have a 485 receipt.
cheers
sapking
12-15 07:52 PM
The following is from murthy.com site.
Question: Good evening, Murthiji. Do you think professional degree holders, like Chartered Accountants / Company Secretaries, may be deemed as equivalent to master�s degree holders for green card purposes under EB2?
Answer: Generally, CAs are not considered to be master"s degree holders. In fact, many of them do not even equate to a bachelor"s degree since, in India, the bachelor"s is only a 3-year program instead of a 4-year program. Also, the CAs do not attend proper coursework like with degrees here, so it can be a problem if one has no other education besides the BA or BCom with the CA license. Sep-12-2005.
http://murthy.com/chatdb.asp?sFor=chartered+accountant&Category=All&B1=Search
Question: Good evening, Murthiji. Do you think professional degree holders, like Chartered Accountants / Company Secretaries, may be deemed as equivalent to master�s degree holders for green card purposes under EB2?
Answer: Generally, CAs are not considered to be master"s degree holders. In fact, many of them do not even equate to a bachelor"s degree since, in India, the bachelor"s is only a 3-year program instead of a 4-year program. Also, the CAs do not attend proper coursework like with degrees here, so it can be a problem if one has no other education besides the BA or BCom with the CA license. Sep-12-2005.
http://murthy.com/chatdb.asp?sFor=chartered+accountant&Category=All&B1=Search
more...
larmani
09-04 12:58 PM
Our Lawyer contacted National Service Center and got some inquiry number starts with WTCXXXXX and expecting a response in 45 days? Is this same as Service Request? Will this help? I already took infopass appointment and met an IO. The IO was saying both of my I-140s are in the same file as 485. But my question is how would they choose my application when USCIS did not port the priority?? Anybody in this situation please help!!
leo2606
09-15 08:07 PM
andy_8214,
You are saying chandu opened 8 threads for the same topic.And you are saying he got lot of free time in his hand.Other side you are trcking all his threads, what should we say about it?Looks like you also have lot of free time, try to come to DC rally please.
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
You are saying chandu opened 8 threads for the same topic.And you are saying he got lot of free time in his hand.Other side you are trcking all his threads, what should we say about it?Looks like you also have lot of free time, try to come to DC rally please.
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
more...
beautifulMind
07-16 10:15 PM
But isn't AC21 for a different position irrespective of whether you use it in the same company or different company. Technically you are suppose to be in same occupation till you get your green card Which is problem for me because i am trying to use the benefits obtained (EAD and AP) from my EB3 position and being promoted to a EB2 position while using the EAD and AP of my EB3 application
arnab221
04-27 11:00 AM
Yeah ,
Look like closed door discussions are in full swing .The below articles say so .
http://www.pe.com/localnews/politics/stories/PE_News_Local_D_caucus26.3c8ac4d.html.
http://www.ocregister.com/ocregister/news/nationworld/washingtonbureau/article_1670542.php
Look like closed door discussions are in full swing .The below articles say so .
http://www.pe.com/localnews/politics/stories/PE_News_Local_D_caucus26.3c8ac4d.html.
http://www.ocregister.com/ocregister/news/nationworld/washingtonbureau/article_1670542.php
more...
dixie
05-25 08:46 AM
I think this is independent of sec 508. Countries like India, China, mexico, philliphines, UK (in fact the top 12 immigrant sending countries) are all excluded.
rajsenthil
08-17 10:41 AM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
I have got valid H1 and B1 (expires 2013) stamped. The consulate did not cancel my B1 when I went for H1. Again it depends on the interviewer, for few of my colleagues, they cancelled the B1 and issued the H1.
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
I have got valid H1 and B1 (expires 2013) stamped. The consulate did not cancel my B1 when I went for H1. Again it depends on the interviewer, for few of my colleagues, they cancelled the B1 and issued the H1.
more...
pradeepd
01-23 12:12 AM
Hi,
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha
dealsnet
10-25 08:05 AM
I found this in WWW.immigration.com
"Spoke with an IO in TSC (via POJ) and came to know that my case is pending b’cos visa numbers are not available. I was like what >!”
When I asked IO if 2008 quota visa numbers released at all after 1st Oct 2007 …. Answer I got back was…..”yes” but they were released before 1st Oct 2007 and already got consumed in September 2007…. Now they are waiting for state dept. to release more 2008 quota visa numbers it seems……and IO on call didn’t have any clue on when the new visa numbers will be released from State Dept."
"Spoke with an IO in TSC (via POJ) and came to know that my case is pending b’cos visa numbers are not available. I was like what >!”
When I asked IO if 2008 quota visa numbers released at all after 1st Oct 2007 …. Answer I got back was…..”yes” but they were released before 1st Oct 2007 and already got consumed in September 2007…. Now they are waiting for state dept. to release more 2008 quota visa numbers it seems……and IO on call didn’t have any clue on when the new visa numbers will be released from State Dept."
more...
factoryman
06-22 12:33 PM
be aware. All these PDF editing tools leave a watermark - "Draft" or "Trial Version".
They are totally useless.
Earlier trial Adobe 7.0 Professional did give edit and save. Not 8.0
Bottonline: don't waste time or by 8.0 for USD 1800 or so. Or use one who has PDF editors (Admins etc)
They are totally useless.
Earlier trial Adobe 7.0 Professional did give edit and save. Not 8.0
Bottonline: don't waste time or by 8.0 for USD 1800 or so. Or use one who has PDF editors (Admins etc)
mchundi
04-10 12:04 PM
For a change I was listening to Rush today. Interestingly he was very neutral about Bush's proposal. He thinks the new proposal is to the conservative's liking, but not sure how this will be implemented. Bush's push is our last hope this year. Nancy Pelosi does not want to take up any immigration bill that is not likely to pass(afraid of failure).
--MC
--MC
more...
soarin3655
04-08 02:41 PM
US taxman gets after Indian-Americans - The Times of India (http://timesofindia.indiatimes.com/nri/news/US-taxman-gets-after-Indian-Americans/articleshow/7915510.cms)
US taxman gets after Indian-Americans
Chidanand Rajghatta, TNN | Apr 8, 2011, 09.40pm IST
On Thursday, the US govt filed a petition with the court to allow the IRS to serve what is known as a "John Doe" summons on HSBC Bank.
WASHINGTON: When you do a good deed, get a receipt, just in case heaven is like the IRS, goes the sagely tax advice in America. Some 9000 Indian-Americans are about to discover that tales of the dreaded Internal Revenue Service's omnipresence are not entirely exaggerated.
While millions of Americans are sweating it out to file their tax returns before the April 15 deadline, Uncle Sam's taxman has zeroed in wealthy Indian-Americans suspected of using their native land to stash away undeclared money and evade taxes. Yes; while India has long believed its wealthy has stashed away money abroad, the wheel has turned a full circle. The US now says its Indian-American citizens are using India as a tax haven.
In a surprising move that takes the American hunt for hidden money beyond the usual Swiss and Caribbean tax havens, the US Justice Department's civil tax division on Thursday asked a Federal Court's permission to force the London-based HSBC Bank to disclose names of thousands of wealthy Indian-American clients who it says maintain accounts with more than $ 100,000 in the bank's India branches -- ostensibly to hide it from the IRS taxman.
In a 47-page statement filed before a San Francisco court, the IRS said there were 9,000 US residents of Indian-origin who had $100,000-minimum-balance accounts at HSBC India but that fewer than 1,400 had disclosed existence of their accounts. US laws require citizens to disclose any foreign account containing $10,000 or more.
The US hunt for Indian-American tax evaders follows a case early this year when federal prosecutors nailed Vaibhav Dahake, a US citizen and an HSBC client for tax evasion by stashing money in India. According to documents filed with the government's petition, on Jan. 26, 2011, a grand jury in Newark, New Jersey, indicted Dahake, charging him with conspiracy to defraud the United States by using undeclared accounts in the British Virgin Islands and at HSBC India.
According to those documents, employees of HSBC Holdings plc and its affiliates operating in the United States assured Dahake that accounts maintained in India would not be reported to the IRS.
US authorities, attributing the information to HSBC's website, say that in 2002 HSBC India opened a "representative office" at an HSBC USA office in New York City to enable ''Non-Resident Indians'' (NRIs) living in the United States to open accounts in India. In 2007, HSBC India allegedly opened a second representative office at an HSBC USA office in Fremont, Calif., purportedly "to make banking transactions more convenient for the NRI community based in California." Although HSBC India closed those offices in June 2010, the government alleges that NRI clients may still access their accounts at HSBC India from the United States.
According to the petition documents, NRI clients have told IRS investigators that HSBC's NRI representatives in the United States assured them that they could invest in accounts at HSBC India without paying US income tax on interest earned on the accounts and that HSBC would not report the income earned on the HSBC India accounts to the IRS.
"The Department of Justice is committed to ensuring that all US taxpayers meet their obligations to declare and pay taxes on foreign bank accounts," John A. DiCicco, Principal Deputy Assistant Attorney General for the Justice Department's Tax Division, said in a statement. "The ability to hide accounts in foreign countries is rapidly dwindling. We will continue working hand-in-hand with the IRS to enforce the tax laws against those who are using offshore accounts � wherever they are located � to evade taxes."
The IRS focus on India and Indian-Americans follows a campaign against undeclared offshore accounts held by US taxpayers, primarily in tax havens such as Switzerland and the Caribbean. In a landmark case in 2009, the IRS went after UBS AG for allowing U.S citizens hide their assets and evade taxes. UBS coughed up $780 million in fines, and more importantly, turned over some 4000 names in a precedent-setting case.
"The IRS continues to focus its attention on international tax evasion," IRS Commissioner Douglas Shulman said on Thrusday about the HSBC India case. ''This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I've said all along, our international efforts are not about just one country or one bank � it's about our wider effort to ensure compliance with the nation's tax laws."
Meanwhile, an HSBC spokesperson in New York told wire services that the bank has been engaged in a "constructive dialogue" with US authorities and hoped the issue can be resolved expeditiously. "HSBC does not condone tax evasion and fully supports the US efforts to promote appropriate payment of taxes by US taxpayers," spokeswoman Juanita Gutierrez said, adding that the bank complies with the law in all the jurisdictions and cooperates with requests from US authorities.
US taxman gets after Indian-Americans
Chidanand Rajghatta, TNN | Apr 8, 2011, 09.40pm IST
On Thursday, the US govt filed a petition with the court to allow the IRS to serve what is known as a "John Doe" summons on HSBC Bank.
WASHINGTON: When you do a good deed, get a receipt, just in case heaven is like the IRS, goes the sagely tax advice in America. Some 9000 Indian-Americans are about to discover that tales of the dreaded Internal Revenue Service's omnipresence are not entirely exaggerated.
While millions of Americans are sweating it out to file their tax returns before the April 15 deadline, Uncle Sam's taxman has zeroed in wealthy Indian-Americans suspected of using their native land to stash away undeclared money and evade taxes. Yes; while India has long believed its wealthy has stashed away money abroad, the wheel has turned a full circle. The US now says its Indian-American citizens are using India as a tax haven.
In a surprising move that takes the American hunt for hidden money beyond the usual Swiss and Caribbean tax havens, the US Justice Department's civil tax division on Thursday asked a Federal Court's permission to force the London-based HSBC Bank to disclose names of thousands of wealthy Indian-American clients who it says maintain accounts with more than $ 100,000 in the bank's India branches -- ostensibly to hide it from the IRS taxman.
In a 47-page statement filed before a San Francisco court, the IRS said there were 9,000 US residents of Indian-origin who had $100,000-minimum-balance accounts at HSBC India but that fewer than 1,400 had disclosed existence of their accounts. US laws require citizens to disclose any foreign account containing $10,000 or more.
The US hunt for Indian-American tax evaders follows a case early this year when federal prosecutors nailed Vaibhav Dahake, a US citizen and an HSBC client for tax evasion by stashing money in India. According to documents filed with the government's petition, on Jan. 26, 2011, a grand jury in Newark, New Jersey, indicted Dahake, charging him with conspiracy to defraud the United States by using undeclared accounts in the British Virgin Islands and at HSBC India.
According to those documents, employees of HSBC Holdings plc and its affiliates operating in the United States assured Dahake that accounts maintained in India would not be reported to the IRS.
US authorities, attributing the information to HSBC's website, say that in 2002 HSBC India opened a "representative office" at an HSBC USA office in New York City to enable ''Non-Resident Indians'' (NRIs) living in the United States to open accounts in India. In 2007, HSBC India allegedly opened a second representative office at an HSBC USA office in Fremont, Calif., purportedly "to make banking transactions more convenient for the NRI community based in California." Although HSBC India closed those offices in June 2010, the government alleges that NRI clients may still access their accounts at HSBC India from the United States.
According to the petition documents, NRI clients have told IRS investigators that HSBC's NRI representatives in the United States assured them that they could invest in accounts at HSBC India without paying US income tax on interest earned on the accounts and that HSBC would not report the income earned on the HSBC India accounts to the IRS.
"The Department of Justice is committed to ensuring that all US taxpayers meet their obligations to declare and pay taxes on foreign bank accounts," John A. DiCicco, Principal Deputy Assistant Attorney General for the Justice Department's Tax Division, said in a statement. "The ability to hide accounts in foreign countries is rapidly dwindling. We will continue working hand-in-hand with the IRS to enforce the tax laws against those who are using offshore accounts � wherever they are located � to evade taxes."
The IRS focus on India and Indian-Americans follows a campaign against undeclared offshore accounts held by US taxpayers, primarily in tax havens such as Switzerland and the Caribbean. In a landmark case in 2009, the IRS went after UBS AG for allowing U.S citizens hide their assets and evade taxes. UBS coughed up $780 million in fines, and more importantly, turned over some 4000 names in a precedent-setting case.
"The IRS continues to focus its attention on international tax evasion," IRS Commissioner Douglas Shulman said on Thrusday about the HSBC India case. ''This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I've said all along, our international efforts are not about just one country or one bank � it's about our wider effort to ensure compliance with the nation's tax laws."
Meanwhile, an HSBC spokesperson in New York told wire services that the bank has been engaged in a "constructive dialogue" with US authorities and hoped the issue can be resolved expeditiously. "HSBC does not condone tax evasion and fully supports the US efforts to promote appropriate payment of taxes by US taxpayers," spokeswoman Juanita Gutierrez said, adding that the bank complies with the law in all the jurisdictions and cooperates with requests from US authorities.
gnutin
05-05 03:46 PM
Thanks to everyone who responded. So in summary, it looks like:
* I can own a business on H1B.
* I cannot take any proceeds/profits from the business, but can use it to grow it further.
* I can work for the business as long as I don't take any money from it.
- Can a guru please confirm this?
* The business can buy me equipment and accessories to work.
As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.
* I can own a business on H1B.
* I cannot take any proceeds/profits from the business, but can use it to grow it further.
* I can work for the business as long as I don't take any money from it.
- Can a guru please confirm this?
* The business can buy me equipment and accessories to work.
As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.
mita
11-14 03:15 PM
I applied online for EAD on 10/23, no finger priting notice yet was asked to wait 30 days to enquire about it. All materials sent to NSC as mentioned, my I-485 is pending at TSC. Did anyone go through the same delay?
that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)
that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)
golucki
07-27 11:57 AM
Congrates!
paskal
09-29 12:30 PM
Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
it is of no help- the extension allows NEW applications. i do not see what it has to do with 485 processing- honestly this seems like gibberish to me.
here is the only way it makes sense: new NIW applicants that need a waiver can now apply under conrad and simeltaneously file for NIW and IF current they can file an AOS and get their spouses an EAD.
extension of conrad is an extension of a "J1 waiver"- nothing to do with NIW per se although we do need the waiver to prsues an NIW.
the one good thing here is that the limited extension means that congress ahs to return to this issue before march and so conrad will come up for discussion again. this from my pov is great! had they done a 5 year extension, we would not have got another quick shot at trying to get quota exmeptions. now..we need to be ready and work with the Senator's office on this....
btw gg- i got a letter from uscis confirming that my 5 year docs were received and verified and my AOS was considered "ready for processing". it does not help that my PD is not current of course, but it does confirm their acceptance of my 5 year completion!
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
it is of no help- the extension allows NEW applications. i do not see what it has to do with 485 processing- honestly this seems like gibberish to me.
here is the only way it makes sense: new NIW applicants that need a waiver can now apply under conrad and simeltaneously file for NIW and IF current they can file an AOS and get their spouses an EAD.
extension of conrad is an extension of a "J1 waiver"- nothing to do with NIW per se although we do need the waiver to prsues an NIW.
the one good thing here is that the limited extension means that congress ahs to return to this issue before march and so conrad will come up for discussion again. this from my pov is great! had they done a 5 year extension, we would not have got another quick shot at trying to get quota exmeptions. now..we need to be ready and work with the Senator's office on this....
btw gg- i got a letter from uscis confirming that my 5 year docs were received and verified and my AOS was considered "ready for processing". it does not help that my PD is not current of course, but it does confirm their acceptance of my 5 year completion!
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