Wednesday, June 15, 2011

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  • gc_check
    09-08 08:14 PM
    No, Did not port to EB3, He is EB3, Filed for 485 in July '07 fiasco. He is consulting his attorney to see, what to do about the unusual approval. Also did not receive the FP, after filing for 485 in July '07 until last month, when they did the first FP mid-august. Pretty sure about that, from what I heard from my friend.




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  • GCwaitforever
    08-16 11:21 AM
    I am just quoting another way to move from EB-3 to EB-2 without having to file for PERM labor etc ... if you are in the same company. If the original labor petition is qualified for EB-2, but I-140 was applied in EB-3 category then that same approved EB-3 I-140 petition could be used as a supporting document in lieu of original labor certification to file another I-140 EB-2 petition. This is assuming that the attorney filed I-140 in the wrong category first time.

    Of course if the original labor petition does not qualify for EB-2, but the applicant qualifies for EB-2 now, the applicant has to go through PERM again and port priority date from approved EB-3 I-140 to new EB-2 I-140 petition.

    I hope this clarifies everything. I am not an attorney. Use the information at your own risk.




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  • styrum
    03-02 08:03 PM
    I live in Seattle area now and would like to participate in any joint effort. Please let me know when any such activitity is planned.




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  • ameryki
    03-10 09:46 PM
    Never mind lawyer just sent copies of the receipt notice. so we are good to play.



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  • skgs2000
    10-14 05:57 PM
    This does not give you EAD status. It is just a pre-registration. EAD is given at actual I-485 filing and not at pre - registration.

    And this rule has been discussed by USCIS over for few years, but never implemented. And implementing it only adds one more additional step to the journey, with no EAD benefits.




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  • topman123
    06-21 02:33 AM
    Not sure why this is getting rejected...



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  • texcan
    01-17 09:13 AM
    There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms). When you were on OPT, Social Security and Medicare should not have been with held from your paycheck. If it was, then you need to ask for refund of those taxes from the employer who with held that tax. As far as Cincinnati and Chicago are concerned, nothing special to do for Federal Income tax. However, for state income tax, you will have to file income tax for both Ohio and Illinois as part year resident.

    Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.


    very well said about taxes for OPT/H1.

    you should check on state taxes for chicago and cinci....
    I have used HR block, and their services are pretty good.

    Last year a friend of mine user HR block, he was in situation where he worked in a different state (OPT/H1) for few moths and then he moved to another state. Long story short, he got a letter from state he was living in earlier regarding state tax discrepency.
    Surpringly H&R block came thru and did not charge for extra services, rather H&R paid $60 in late fee charges, citing reason that it was their mistake in the first place.

    HTH




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  • hope_4_best
    09-05 04:25 PM
    While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?



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  • leo2606
    09-24 03:42 PM
    My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
    She is planning to take up permanent job at the client place she is currently working as a consultant.

    What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?




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  • jonty_11
    10-30 06:21 PM
    if they ask explain teh situation calmly....and tell them your attorney has filed to get u a new approval after he dsicovered ur mistake..Keep phone numbers of ur employer, attorney handy if needed to call them and confirm u are legit!!



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  • frostrated
    09-14 04:35 PM
    I got it.
    I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
    At this stage they might have spend money on LCA only + for attorney fee if any.
    Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
    H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
    Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:

    Any money spent by the employer for employment related expenses are employer expenses. you are not liable for them. If they push, inform DoL. Employment in the US is At-Will. The only clause they can enforce is to prevent you from using any of the knowledge you acquired with them (non-compete contract). As you have not worked with them, you are not yet an employee, and there is no legal standing for them to come after you.




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  • bluez25
    10-29 07:01 PM
    And I am not a lawyer.. trust your instinct and change jobs...



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  • LONGGCQUE
    01-04 07:26 PM
    I also left a top 10 Indian company while on a US deputation and they are holding my PF, gratuity etc. They have been asking me to pay approx 12-15K USD to settle things.

    I have no clue how to recover my PF money which would be atleast 6-7K USD based on my 63 months of employment with them.

    Gurus, can someone shed some light on this. Has anyone resigned from so called top 10 indian companies which make you sign those bonds, and then ask you to come back to India and serve 3-6 months. How to recover PF etc from those indian companies if you do not sign off on good terms. For me, they say settle the a/c first and we will process your PF.

    shed some light please




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  • GC08
    02-04 05:02 PM
    I don't think Americans are that short sighted or narrow minded to want to steal your social security money. I know, i read a lot of press releases on how their social security is in a mess. They will fix it. I have no doubt about it.
    Who thought India would be in such a limelight and then go on to be economic power before year 2000?
    In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.

    Just be positive and drink a high gravity beer.


    How do you know that they are not? Look at all the deficits, the American government is going to bankcrupcy if nothing is done. I recently read some article talking about American professors/researchers went to other places, like Austalia, for jobs because their research funding was cut.

    Americans are very "near-sighted", to some extent. For issues like legal immigrants, they do not need to be far-sighted and worst, to think about you cause you are just one of the persons in the labor pool for American companies to use. Sometime ago, I heard on NPR talking about those Mexican migrant workers. Basically, Americans brought them to America during the time of labor shortage and kicked them out like trash during tough times.

    That's always the case.. You are here for Americans to use ... wether you are farmers or professionals. My supervisors once even said that new comers had always been at the bottom of America.

    Being positive is one thing, being realistic is another. :cool:



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  • chrisj
    01-17 07:26 PM
    Even if the amount is just $4000, if he win the case you will have to pay his lawyer fee too. I would suggest you to resolve this by giving the actual reason. He cannot bind her to the job for 4 years.
    You can talk and resolve. Most of the time if you pay back the filing fee, employers will be fine. no one want to go to court.




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  • yabadaba
    06-21 07:35 AM
    Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.



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  • phillyag
    05-30 04:43 PM
    2. I140 receipt
    3. I485 receipt


    Would photocopies do for the above 2 docs ?




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  • srikanthmavurapu
    08-16 12:29 PM
    Hi ,
    I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
    Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
    He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
    Thanks,
    Srikanth




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  • abhijitp
    08-22 03:10 PM
    I know some of you will be attending the Rally in DC on Sep 18th.

    But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.

    This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like

    West Coast (Bay area )
    Midwest (Chicago)
    Texas (one of the major cities - Dallas, Austin or Houston)

    Think of all the local media attention this gets & also the ripple effect into national media.

    Any thoughts ??

    If you are anyways planning to rally, you will need a day off, so why not spend it in DC? I strongly agree with Paskal in that small rallies would dilute the impact of the DC rally!

    If you can take a day off, please attend the DC rally. Go here and tell us how we can help you with logistics.
    http://immigrationvoice.org/forum/showthread.php?t=12441

    Thanks




    gc_chahiye
    07-29 11:42 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p

    similar boat. Lets see what happens first: my own PD becomes current or my child manages to sponsor me. 18-20 years for either!




    blacktongue
    10-14 03:23 PM
    So basically it is idea without a timeline and no actual document prove?



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