Sunday, June 26, 2011

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  • TwinkleM
    12-10 11:16 PM
    Pls. find the answers in red ink below. Also, all the answers are based on personal experience.

    on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
    My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:

    Am I an illegal resident now?

    Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.

    Until when can I stay in the us?

    The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.

    Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?

    Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.

    How long does the appeal process take ?

    It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.


    Can I work while the case is appealed?

    No. You cannot unless you have a back - up of EAD.

    How many days can I stay in us after the case is appealed?

    Till you get the verdict of the appeal.


    How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?

    There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.


    What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?

    No idea.


    Can I start working once the receipt for the new h1b petition comes in?

    No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.

    If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?

    If consulate case, then you will have to get it stamp to start working.

    Can i transfer my approved I140 to a new employer ?

    I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)

    I will really appreciate your feedback on this.


    Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.




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  • sammyb
    11-15 09:55 AM
    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
    Thanks

    http://immigrationvoice.org/forum/forumdisplay.php?f=17

    check this link and find out your state chapter ... each state has its own yahoo groups mailing list and identified state chapter leaders...




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  • Chicago Desi
    04-13 01:02 PM
    All visa stamping is now done outside US. As long as you dont travel outside of USA, you can stay legally till the date mentioned on your I-94 attached on I797. But, if your H1 extension is subjected to your visa interview in Islamabad, you have to go to interview.

    I dont know what DWI is, but whatever it is, do not hide it on your visa application. AFAIK, traffic violations are not criminal offences, but I might be wrong.

    You better have criminal record strighten out with DHS ASAP, one wrong info and it will become a huge problem.

    Good luck.




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  • chanduv23
    07-11 11:45 AM
    Hi Folks,
    I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.

    I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.

    I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.

    Please advise/suggest...

    Thanks.

    Moderator: apologies for cross-posting but I needed an answer soon.

    I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.



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  • MatsP
    November 15th, 2007, 04:37 AM
    I'm by no means saying that reformatting in itself is a bad thing - it should be fine to do it many times. It's just a waste of effort, since deleting the files will serve the same purpose.

    --
    Mats




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  • sunny1000
    06-28 06:10 PM
    Hello Folks,

    As a last ditch atempt, I am trying to e-file form 907 for upgrading my pending 140 app to premium processing (through employer). However when proceeding with the application, in the related forms section, the only available option in the drop down menu is I-129. How would I proceed for I-140?

    If anybody know, kindly show the way.

    Thanks,
    Sriswam

    I don't think you can efile I907 for I-140. You have to file via paper. But hurry...they are suspending PP starting July 2nd for atleast a month in anticipation of huge volume of applications that will start pouring in.

    www.immigration-law.com



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  • krustycat
    03-11 09:12 AM
    Anyone Know How To Start New Thread?
    Use New Thread button
    http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
    But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.


    How does USCIS know about salary ?
    They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.

    485 non-concurrent check list:

    1. copy of all of the pages of the Passport (valid for 6 months or longer);
    2. Copy of recent I-94, Arrival/Departure Record, front and back side;
    3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
    4. Copy of I-20 (s), student visa, if applicable;
    5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
    6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
    7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    9. Medical Examination including immunizations in a sealed envelope;
    10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
    11. Marriage Certificate (original language and translated if language is different than english), if applicable;
    12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
    13. Photographs (4) from each applicant

    IRS also send the w2 information to USCIS? No.

    whats the criteria of judging the salary? Is it w-2 or pay stub ?
    Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
    The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.




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  • dpp
    07-11 11:06 AM
    I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.

    Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.



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  • northstar
    11-25 05:56 PM
    You should be ok, just send them the papers again




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  • ski_dude12
    09-26 06:50 PM
    You can do the following to get your case to be picked up-

    1. Open an service request that your case is beyond normal processing times. However it is very likely that since the visa numbers are over for 2010 you might get a response that no visa numbers available and you will have to wait 30 days before you can open SR again.

    2. Contact local congressman
    3. Send email to SCOPSSCATA@dhs.gov giving your case details.

    Mention in all steps above that there is no update to your case even when 2006 cases are getting approved.

    Hope that helps. Do what you can to ensure that your file is picked up.

    This is disheartening...



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  • ramus
    05-31 04:58 PM
    Good going..
    It makes you real team player.


    Great..
    Just post in drive fund thread when you done..
    Thanks,




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  • bmoni
    11-23 04:37 PM
    Have anyone tried xoom.com or remit2india ?



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  • ashwinicool67
    04-27 07:18 PM
    Hello,

    I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.




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  • GotGC??
    05-29 07:47 PM
    Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.

    Could you please clarify:
    - what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
    - did you mean premium processing 140?



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  • misanthrope
    03-25 12:08 AM
    How will that help resolve housing market problem? If you are going to make a claim then make sure that you can back it up with facts/figures/evidence.




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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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  • arpu31
    11-17 12:59 PM
    you have to options -

    1. your employer files change of status H1 to H4 (form I-539)
    2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

    please double check before you make any decision.

    If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?




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  • asekhon
    06-18 11:31 AM
    Find a colleague, who can say what you worked on etc. on a plain paper. The colleague, could very well be working somewhere else and doesn't need to be a current employee.

    If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.

    Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.




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  • ras
    02-20 11:00 AM
    I filed I 140 and I485 and 180 days completed. I got an RFE on I 140 for Ability to Pay.

    I have another I140 already approved with earlier PD.

    Can I interfile when there is an RFE on I 140?




    GCBy3000
    07-08 11:38 AM
    When the papers are prepared, attorney will send it to the candidate to review and sign it. Dint you find the flaws then? if not, then it is your mistake and the attorney will bill you for sure.

    My attorney sent a draft from for me to fill it out. I filled it in and sent it back to him. He filled the original seeing the information from the draft with lots of mistakes. Then he sent the filled original to me. I have to review it again and fix all the errors. Then he corrected it and sent it back to me. Then again I have to review and sign. So the responsibility lies on me and not with Attorney.

    My friends lawyer screwed up the application and it was returned. Later on it was filed and got accepted without their help. Now they are billing him and threatening him. What can he do?




    go_guy123
    09-15 12:52 PM
    Hi All,

    Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:

    Thanks

    I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.



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