Saturday, June 25, 2011

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  • petersebastian
    04-01 11:31 PM
    you dont have to marry. just remain as illegal and they will GC sooner.

    Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!




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  • gc_maine2
    05-18 11:35 AM
    Initially I could'nt open it (page not found) but It worked now.. Thanks Admin .
    Kudos to all the people who attended and caught the media attention.

    I checked it on IE and Firefox and it is working. Is everyone having this issue?




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  • amoljak
    10-16 02:03 PM
    Kambi:

    Based on current stats,

    LC - It will take about 4 months from the date you initiate your case with your lawyer
    140- Eb2 or eb 3 will take from 4 weeks to 4 months
    485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.

    However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!

    In addition to what final GC said, you need at least 3 months before you file the PERM labor cert application to do all the prep work, advertise etc.

    If your job falls under EB3 you are screwed no matter where you come from.
    But since you will be getting a Master's degree, you can work on H1B for a year, then get a different job which falls under EB2. That way you would start your green card a year later, but you will be able to file 485 with 140 and you will get your green card much sooner.




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  • hoolahoous
    03-18 04:26 PM
    Yesterday I went to SSN Administration office to apply SSN for my wife to get the tax rebate, you definitely need EAD if that person doesn't have work permit. So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier. Hope this will answers your question. Regarding the tax rebate, you have to have SSN to qualify, so that's the main reason I went to SSN administration office for my wife.

    there is no status called 'EAD' .. it is AOS/I-485 which gives the status. EAD just gives you work authorization. Probably the person who you talked to didn't have much idea about immigration.
    FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.



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  • meridiani.planum
    09-27 11:52 AM
    Thanks for the advice. I appreciate your insight.

    I am going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.

    infopass is almost useless. Open SR, contact senator and email the ombudsman.
    Dont worry about dates, your PD will almost certainly remain current going forward. If 6 months pass by, your date remains current, processing times remain as they are and case is not approved, sue them (Writ of Mandamus):
    http://www.google.com/search?q=Writ+of+Mandamus+485
    File it 'pro se' (on your own, without a lawyer) if you are worried about the expense...




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  • acecupid
    09-06 08:33 PM
    Read something interesting on TOI..

    NRIs treated as Not Required Indians! - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/NRIs-treated-as-Not-Required-Indians/articleshow/4979439.cms)

    Indubhai Amin, a non-resident Indian (NRI) settled in the UK earns interest income of Rs 3 lakh on his non-resident ordinary account bank deposit in
    India in the current FY 2009-10. Enjoying his personal exemption limit of Rs 1.60 lakh and the eligible deduction of Rs 1 lakh u/s 80C, Amin is comfortable paying income tax of Rs 4,000 in the first slab of 10 per cent on his effective taxable income of Rs 40,000.

    Flat tax of 20% and 30%

    A huge shock awaits Amin and millions of NRIs, in regard to taxation of their interest and investment income and capital gains earned in India, proposed to be treated under the draft Direct Tax Code as "income from special sources."

    In 2011-12, on the same interest income of Rs 3 lakh, Amin will be required to pay a hefty tax of Rs 60,000 at the flat rate of 20 per cent, without being eligible to claim any basic exemption or other deduction, as provided under rule three of the First Schedule to the Code.

    Moreover, all capital gains earned by a non-resident will attract a flat tax of 30 per cent, irrespective of the amount of capital gains. While a resident Indian will be required to pay tax of Rs 3.84 lakh on his taxable income of Rs 25 lakh, an NRI earning equivalent capital gains will be called upon to pay almost double tax of Rs 7.5 lakh.

    Hair-raising drafting

    New section 13 (2) provides that such �special income� shall be computed in accordance with the provisions of the Ninth Schedule, the drafting of which is literally hair-raising. It provides that the amount of accrual or receipt shall be computed as the taxable income, and no loss, allowance or deduction shall be allowed, as the same shall be presumed to have been granted. The only exception in this regard, in respect of capital gains arising from the transfer of equity shares or units of equity oriented mutual fund chargeable to STT, is quite amusing, as it stands redundant in view of the proposal to abolish STT (a classic instance of incoherent drafting).

    The draftsman does not seem to have realized the harsh implications. It means that if an NRI sells a capital asset purchased for Rs 10 lakh at Rs 30 lakh, he will be required to pay tax of Rs 9 lakh at 30 per cent on the gross sale consideration of Rs 30 lakh without any deduction even for the cost of acquisition of Rs 10 lakh (not to mention any benefit of indexation on the same).

    Determination of residential status

    The residential status of an individual under the Code is proposed to be determined as per the current norms. However, the status of "not ordinarily resident" (NOR) is proposed to be eliminated. Despite the above, Clause 24 of the Sixth Schedule has still provided for exemption in respect of interest earned on foreign currency deposits in the case of NOR. Poor drafting indeed!

    The Code has proposed to retain the current exemptions availed by a non-resident in case of interest earned on NRE and FCNR deposits with banks.

    Special exemption for returning NRIs

    A useful exemption has been provided in case of income earned outside India, if it is not derived from a business controlled from India, in the financial year in which the returning NRI becomes an Indian resident and the immediately succeeding financial year. However, the benefit of the said exemption would be available, only if such individual was a non-resident for nine years immediately preceding the financial year in which he becomes a resident.

    Wealth-tax liability for NRIs

    Proposed Section 102 of the Code provides for wealth tax liability in the case of the value of all global assets of an individual or HUF. However, an exemption has been provided in case of the value of assets located outside India in case of an individual who is not a citizen of India or an individual or HUF not resident in India. Hence, while returning NRIs who are non-citizens will enjoy wealth-tax exemption for their overseas assets, NRIs with Indian citizenship becoming residents will attract wealth-tax liability on such assets held abroad.

    Illogical exemption under wealth-tax

    Talking about wealth tax, the Code prescribes an exemption in respect of any house or plot of land belonging to an individual or HUF, if it is acquired before April 1, 2000. It is difficult to understand the logic as to why this exemption has been denied in all cases where such immovable property is acquired after March 31, 2000!

    Proposals That Will Hurt the Global Indian Sentiment

    Flat Rate of Tax

    20% flat tax on interest & other investment income
    30% flat tax on all capital gains
    Apart from 20% & 30% TDS on above, TDS at a baffling rate of 35% prescribed on all residual income

    No Personal Exemption

    No personal exemption or deduction allowed in computing the above income treated as �income from special sources�.

    Weird Interpretation

    Poor drafting leads to such a weird interpretation that transfer of a capital asset may attract 30% tax on gross sale consideration.

    What Discrimination!

    Ironical but true! Non-Indian sportspersons, say Ricky Ponting or Shoaib Akhtar, required to pay a concessional tax of 10% on their game, advertisement and column earnings in India, thus enjoying a more privileged tax status than our own sons of the soil living abroad.



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  • sdrblr
    09-21 10:41 AM
    Quick question... Do you know why your H1 extension was rejected(denied). If the reason is client letter, why and how do you think it will be approved with a new company when they will have to get the same letter from the same client. How different will be your situation.

    If the reason is not for client letter, then ignore the above question.


    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble




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  • Munna Bhai
    02-27 07:14 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.

    See with lot of difficulty you got GC. And with GC you can work part-time and even take another job. Why you want to take a chance. Yes, you must work for the employer for 180 days. Just stick for another 6 months and the game is over.

    Enjoy the life.



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  • kkmajid
    10-16 01:52 PM
    from pakistan, but does it matter?




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  • soni7007
    09-15 11:08 AM
    I have been reading posts where suggestions of writing letters to various political figures have been raised and hopefully implemented. I have a suggestion too, please ignore if this has already been brought up and discussed.

    As a popular saying goes, a picture is worth a thousand words. So, my suggestion is :

    Send our pictures to these people (whoever they are - senator, congressmen etc.). We can include 2 pictures each- eg.- one picture when we initially came (5-10 years back, unmarried, younger looking, graduation picture, college campus etc.). Another picture can be a more recent one (with family, kids, in our office, professional attire, house, car etc.).

    We can include a tagline behind each picture.

    Now since digital photography has taken over hard copies, many of us would be lazy enough to go take prints and then send them to the senators. So, we can email our pictures to one person (or IV core) and they can hand over the package to the concerned authorities.

    I know this is a very rough sketch of what is actually involved in making this happen, so please come up with suggestions/ ideas.



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  • lj_rr
    08-06 12:52 PM
    Congrats.
    Labor filing date(not approval date) is your PD.What was the filing date?

    It is EB2, labor approval date is my PD - No idea, why profile does not show up.




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  • himu73
    12-08 10:37 AM
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post



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  • Edison99
    02-24 10:23 AM
    snathan,
    I-140 related to Company's potential to pay his salary not sachisdis qualifications; if he clear Perm EB2 ride then he is all set. Please clarify your concern�

    1. You cannot use the experience gained from the current employer...
    2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
    3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.

    So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.




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  • gsc999
    01-21 01:36 AM
    Thanks everyone who showed up. We actually did better than we had expected.

    A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.

    Go NORCAL, go IV!
    ---
    Update: We have 10 more. That takes the total to 65.

    Cheers!



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  • Dhundhun
    10-24 01:55 PM
    Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.

    Why someone would give red dot for this?

    I think, site is being attacked by terrorists, want to annoy everyone. Admins, find out guys and take appropriate actions.




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  • deba
    02-03 04:02 PM
    I have used my Canadian PR card for transit thru the UK while on AP. It was quite some time back though. The gate agent took a while to go thru my docs, but was satisfied and was allowed to board both ways. The verification obviously took a bit longer on the way back to the US, but nothing unusual. If I remember well, I did carry a copy of the transit rules with me in case there was any issue. My guess is you should be fine.



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  • gsrknth
    08-22 12:18 PM
    e-filed EAD renewal on 5/27 TSC
    FP:6/21
    still waiting....

    EB2 i
    PD:10/05, I140 approved 2/06

    Weird!! E-filing should be fast , instead it is slow !!!! I have some friends who e-filed before me and still pending .




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  • ups
    07-12 09:27 AM
    yes you can. I my self did that. Only difference is that we both are on h1b(industry)




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  • anilsal
    06-17 12:06 AM
    You will need to take multiple appointments to actually get the answers you are looking for. It all depends on how friendly the person is.

    I have had at least one appointment where the lady was so kind that she actually told me the date/time my files were touched by the processing officer at the NSC. Infopass officers have a lot of information on their screens.



    Dress decently.
    It helps to have a friendlier inquisitive tone rather than desperation.


    Remember these USCIS employees (infopass) see 100s of people in a week. There is no requirement for the person to provide you more information that they actually want to share.



    Some days are busy for them with lots of appointments.



    Some days there are just few people - when you have better chances of getting friendlier information.




    MerciesOfInjustices
    05-23 11:26 PM
    A Congressman named Pence is proposing this 'compromise', which has been posted in a Time exclusive Exclusive: A Compromise Plan on Immigration (http://www.time.com/time/nation/article/0,8599,1196991,00.html?cnn=yes)!

    With the Senate headed toward a final vote on an immigration bill this week, a leader of House conservatives is asking his colleagues to support a free-market plan aimed at bridging the gulf between the versions in the two chambers. The proposal by Rep. Mike Pence (R-Ind.), provided to TIME ahead of an unveiling speech at the Heritage Foundation, is arguably less compassionate than the version being debated in the Senate and supported in principle by President George W. Bush. But it looks to be more palatable to House Republicans, many of whom have opposed creating a guest worker program before new border crackdowns have been given a chance to work.


    Very disturbing is this passage in this article

    His plan includes all the security measures of the bill that has already passed the House, and adds a provision for guest worker visas would be good for two years. A limited renewal would be available if the worker studied English and passed an English proficiency class. Federal law already has visa categories A through V. �The visas will be referred to as �W Visas,� � Pence say in his remarks. �No kidding. I think it is obvious whose support we are trying to garner here.�



    No mention of anything for legals here!

    Hope this does not see the light of the day, and dies its own death!




    WeldonSprings
    01-15 03:35 PM
    Just ask her to recapture 350,000 previous year's visas- That's all! Nothing else will fly in this economy in any immigration bill, EXCEPT for Visa Recapture!



    Hello All,

    Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.

    Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.


    I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)


    http://lofgren.house.gov/

    Good Luck to all of us.



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