Karthikthiru
07-19 02:27 AM
My attorney did not ask for Tax Returns for AOS. Our company uses Berry, Appleman & Leiden LLP - www.usabal.com
Thanks
Karthik
Thanks
Karthik
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MetteBB
06-06 02:53 PM
Awesome 3 of my 36 stamps got in :P
But seriously, i wish you put in my pink nebula one! oh well! :)
3 out of 44 is not bad, so no complaining ;)
/mette
But seriously, i wish you put in my pink nebula one! oh well! :)
3 out of 44 is not bad, so no complaining ;)
/mette
parablergh
08-12 08:36 PM
Hi, thanks
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
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eastindia
01-06 09:44 AM
I understand that this bill many not pass or even move any forward. I thought two senior senators from both parties showing interest in this topic is a great opportunity for IV to present our case in a different light. We have been clamoring about the difficulties we are facing because of the present delay in green card processing. Unfortunately this is only our problem and no one else really has to be bothered about it. If we present our case in a mutually beneficial point of view perhaps some of the politicians will have little more interest in our situation. Remember JFK’s famous words…”Ask not what the country can do for you….” If we write to Senators Kerry and Lugar now, even if the bill does not pass, they will consider our situation slightly differently next time CIR or another immigration bill is introduced in the congress. I think IV ought to present our case in all different angles possible rather than the one way approach of expecting mercy in our situation. Most importantly, I think the premise of the proposed Kerry/Lugar bill is very much applicable the folks in IV. Aren’t many people in this forum waiting for an opportunity to do some business on their own? That is how new immigrants in America have always been. We shouldn’t be any different. I am sure we cannot bring in the capital that senators are looking for. But why don’t they view us slightly differently?
If it is a great opportunity, why dont everyone work on it. Start with investing in IV and taking part in it. IV is you and me.
75% of us in this forum do not qualify for the legislation being proposed here!
You are saying we folks cannot even invest 100K into business?
Even if I agree with you for a second. According to you out of 50 thousand IV members 10 thousand members qualify for this legislation. 10 thousand is a very big number.
Where are these ten thousand members? Even if these 10 thousand members invest $25 per month to lobby this bill it will be 250K per month to lobby. This is a huge amount and they can lobby this bill easily. The problem I see in IV is that out of 50 thousand people only 50 people have $25 per month to invest to lobby their own issues. Rest everyone is just sitting here and only contributing opinions.
If it is a great opportunity, why dont everyone work on it. Start with investing in IV and taking part in it. IV is you and me.
75% of us in this forum do not qualify for the legislation being proposed here!
You are saying we folks cannot even invest 100K into business?
Even if I agree with you for a second. According to you out of 50 thousand IV members 10 thousand members qualify for this legislation. 10 thousand is a very big number.
Where are these ten thousand members? Even if these 10 thousand members invest $25 per month to lobby this bill it will be 250K per month to lobby. This is a huge amount and they can lobby this bill easily. The problem I see in IV is that out of 50 thousand people only 50 people have $25 per month to invest to lobby their own issues. Rest everyone is just sitting here and only contributing opinions.
more...
coolest_me
07-13 03:40 PM
Hi,
I m in the process of renewing AP for my family and have this question. When you renew for the family do you send all the application in one FedEx Envelope or one envelope for each application ?
Also, in case of E-Filing do you add all the applications under one login ?
Thanks in advance.
I m in the process of renewing AP for my family and have this question. When you renew for the family do you send all the application in one FedEx Envelope or one envelope for each application ?
Also, in case of E-Filing do you add all the applications under one login ?
Thanks in advance.
gondalguru
07-08 09:40 PM
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
more...
hpandey
04-15 04:32 PM
Yeah thanks to all the efforts being put in by IV . Its a hope for all of US. At least we have a voice now.
Btw congrats on your GC !
Btw congrats on your GC !
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puskeygadha
05-22 11:33 AM
My question was
how long after the comment period the rule will be implemented from
past experience
how long after the comment period the rule will be implemented from
past experience
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redddiv
07-11 08:03 AM
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imneedy
02-04 10:33 AM
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
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Rune
August 27th, 2004, 01:12 AM
Here in Europe the biggest problem is ATMs that has been modified. The most simple modification is a simple loop inserted into the slot that tries to fool its victims into believing the machine ate their card. In addition a helpful person will appear and tell the victim that there's a secret code to be keyed in (999 + personal pin code) to make the machine spit out the card again...
Then they upped the stakes a bit. Today's con-person installs a small card reader at the ATM's slot. In addition there's a small camera (here's the relevant bit) that take pictures as people enter their code. This has been used and such equipment has even been recovered in atleast one case.
As for someone looking over your shoulder in the store, and perhaps even snapping a picture of it... Well, lets just say you don't want to leave your card out of sight. Don't assume your card is worthless plastic in someone else's hands.
We card users are basically using yesterday's (actually: last decade's/century's) technology to access our money while the countless villains out there are armed with today's technology. We're sitting ducks.
The card companies are reluctant to tell us this, but eventually as they roll out new technology (smart cards with bio-signatures) it will become blatantly apparent to everyone. Here in Norway they're scheduled to do this over the next year I think.
Then they upped the stakes a bit. Today's con-person installs a small card reader at the ATM's slot. In addition there's a small camera (here's the relevant bit) that take pictures as people enter their code. This has been used and such equipment has even been recovered in atleast one case.
As for someone looking over your shoulder in the store, and perhaps even snapping a picture of it... Well, lets just say you don't want to leave your card out of sight. Don't assume your card is worthless plastic in someone else's hands.
We card users are basically using yesterday's (actually: last decade's/century's) technology to access our money while the countless villains out there are armed with today's technology. We're sitting ducks.
The card companies are reluctant to tell us this, but eventually as they roll out new technology (smart cards with bio-signatures) it will become blatantly apparent to everyone. Here in Norway they're scheduled to do this over the next year I think.
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gee_see
10-19 11:04 AM
Could you point out some sites where salary issue is mentioned (impact of decrease in salary for AC21)?
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nixstor
01-17 04:07 PM
There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms).
Aren't 1040, 1040 NR, 1040NR EZ different forms?
OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.
www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.
The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.
Aren't 1040, 1040 NR, 1040NR EZ different forms?
OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.
www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.
The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.
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americandesi
09-10 12:05 AM
Hi - How to complain to USCIS about a fradulant company, What would be the affect of the complain on the employee ? Please advise and provide with any information. I know abot a cheater who exploites innocent students, are there any threads or blogs where there is informtion about fradulant companies, I guess there should be thread about such kind of companes and people running them, so that people do not get into their trap..
Thanks.
Here's the form to complain H1 violations to DOL.
http://www.dol.gov/esa/forms/whd/WH-4.pdf
If you are on H1, better to get it transferred to another employer before complaining, so that your old employer doesn't retaliate by withdrawing your H1.
Thanks.
Here's the form to complain H1 violations to DOL.
http://www.dol.gov/esa/forms/whd/WH-4.pdf
If you are on H1, better to get it transferred to another employer before complaining, so that your old employer doesn't retaliate by withdrawing your H1.
more...
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oliTwist
01-10 08:46 PM
I had gone through the layoff thing during 2001-2002 time. Maybe, I might be mistaken. But I feel that time it was even worse.
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sam2006
01-21 04:59 PM
I have contacted TAMU ( texas A M)
USC ( univ of south cali )
Penn State
through some of my friends
keep posted
USC ( univ of south cali )
Penn State
through some of my friends
keep posted
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kondur_007
09-17 09:38 PM
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
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Rockford
07-17 02:19 PM
can you provide the link to that blog? I cannot find it.
http://blogs.ilw.com/gregsiskind/2007/07/immigration-v-1.html#comment-76176292
http://blogs.ilw.com/gregsiskind/2007/07/immigration-v-1.html#comment-76176292
perm2gc
12-14 12:07 PM
I searched some ways to solve the GAP problem.
Now I collect it and please correct it if I have some mistakes.
GAP problem is a normal problem . So we can share our information about it
to help each other.
Yanj Welcome to IV.We are here to help everyone.Your one month gap can be solved either by taking a course at Kaplan or talk to your international student advisory to take an extra course.Finally can you please help us my joining new members and contributing to IV.
Now I collect it and please correct it if I have some mistakes.
GAP problem is a normal problem . So we can share our information about it
to help each other.
Yanj Welcome to IV.We are here to help everyone.Your one month gap can be solved either by taking a course at Kaplan or talk to your international student advisory to take an extra course.Finally can you please help us my joining new members and contributing to IV.
amitjoey
09-14 04:11 PM
It looks like a case of misunderstanding. Did you explain why you had the change of heart?. Explain your personal situation -like you are explaining here- with the pregnancy and commute time and doctors visits that are required every week?. I am not sure why a sane person wont understand the reasons why you decided not to join them. Further, if they do not understand, ask them if they have filed paperwork for H1?. If NO, then what is the claim of $3000 for?
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