Wednesday, June 8, 2011

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  • p_aluri
    06-11 05:40 PM
    You may port the PD as well as get 3 yrs extension based on previously approved I-140 regardless of employer as long as I-140 is not revoked.

    I am in my 8 yr. Have a H1-B approved Untill 2008 Dec

    Have a EB3 Approved Labor and 140 from Company A.

    Now as of today if I move to Company B ...

    Question :

    Can I get a 3 yr Extension based on Company A (140 Approved )
    that is from june 2007 to june 2010

    OR

    Do I get my H1-B untill 2008 Dec ?
    ----

    When I move to Company B is there anything that I have be aware off as
    I am planning to pally Eb2 and move the PD from company A
    My PD : EB3 Jun 2004

    Thanks Thanks Thanks Thanks




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  • Curious_Techie
    09-30 10:12 AM
    I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.




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  • BEC_fog
    07-04 12:13 PM
    Could someone please post the article here?




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  • ajcates
    03-08 12:06 AM
    I use notepad, so I think we should have a notepad forum.



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  • santb1975
    02-13 11:48 PM
    This doesn't feel good :o




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  • bsbawa10
    02-12 05:13 AM
    looks like this is what happening...

    They have 100's of 1000's of cases....thrown in one dark room.

    They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....

    Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.

    So, he will leave that case there, go to next one...This is just my guess...

    EXACTLY, they seem not to be organized and they do not have the will to be organized. They do not have will to find the files and they do not have will to process the case. The easiest thing for them is to pick up the file which they can grab from the top and process it if the PD is current. If you are lucky, you will get GC, otherwise , your file is burried somewhere and nobody excepting you has the desire to locate it. On the top of that , they have no accountability..nobody to check if the IO is doing the right thing or not. Nobody to check if the customer service is giving the right answers or not. Nobody to check if customer service is directing to the right people or not.



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  • raj1998
    04-13 12:49 PM
    I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
    1. if the LCA filed will any longer be valid and that might cause issues with labor dept
    2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
    3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

    when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


    You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.

    In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
    I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....

    But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.




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  • sapota
    07-15 10:22 PM
    Me am in Austin.

    After 2 LCs + 1 substituted labor + 10 years of crawling in this crap hole & no green card yet, the least I can do is participate in something that show our plight. Count me in for any rally.



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  • BECsufferer
    09-03 09:09 AM
    Congrats to 12/2004 PD holders.

    Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:




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  • LostInGCProcess
    08-25 12:31 PM
    Best thing to do in this case is, simply use your AP. No H1b stamping is needed. You can still remain on an H1B even if you use the AP for travelling.

    As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.
    I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
    My Wife works for Company B which sponsored her H1.

    So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?



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  • invincibleasian
    01-31 12:28 PM
    guys please quit all this begging. If yu guys need help do your research or contact an immigration attorney!




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  • nrk
    02-02 01:04 PM
    Congrats.... :)

    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

    Thanks



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  • lotres
    11-09 07:08 AM
    My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!




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  • sri1309
    12-16 06:27 AM
    I know it may be tough and there is a good chance for things to worsen for most here.
    I am not sure why we dont have IV Action Item on Writing to Obama and the campaign planned.
    Please act before it gets worse. If you are in job, just imagine what it would be if for some reasons you loose it. Will you act then?.
    IV Core, please do somehting fast..



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  • munnu77
    04-15 03:21 PM
    Continue with the GC..The wmployer has to pay the salry on the GC only after your I 485 is approved. Wht i think, wht you are getting now has no connection with GC,
    if they are decresing your salry, inform the DOL , you will be alright if ur decreased salry is more thn wht is required by the DOL.
    Contact an attorney, i am sure there is a way out.




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  • gk_2000
    01-26 07:05 PM
    US needs EB1 and Ph.Ds

    Others not contribute as much

    You are talking about needs? Then US needs all EB's over illegals by much, much more than US needs EB1 over EBn (n>1). So let's not talk of who contributes and who does not. It doesn't matter, all have same raw deal



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  • 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




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  • maine_gc
    04-20 03:30 PM
    Thankk You Sunny1000. This is very helpful information. I will go to the nearest international airport and get it corrected. Thank you all for your advice. I will post here when i resolved the issue




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  • desi3933
    02-09 05:05 PM
    what is NCR Region???

    National Capital Region (http://en.wikipedia.org/wiki/National_Capital_Territory_of_Delhi)




    DallasBlue
    07-17 12:15 AM
    Depending upon the uscis announcement in a day or two (i.e,7/17 or 7/18)things may change for the short term so we will plan any specific action item after that.

    But for now lets continue to urge everyone we know in Texas to join IV to continue pursuing our efforts as much intelligent, elite and vivid group for acheiving our goals and objectives.

    Guys,

    Just recently moved from Milwaukee, WI to Plano, TX (DFW) area. Just let me know what need to be done from my side. Awaiting eagerly.

    - BharatPremi




    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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