thomachan72
10-04 02:50 PM
I don't think so, only Green cards and citizens are charged on world wide income.
Tony I wish what you said was true. There has been a great amount of discussion among our members a few months back when the last date for such disclosure was and the majority opinio was that everybody has to report all foreign accounts containing more than 10K. Interest on FDs are taxable and if you already paid tax in India then you have to disclose that in the IT returns here.
Anyway I dont know whether they would take the pain to check out all resident aliens who have bank accounts in their home countries unless, as you said, they become US citizens/GC holders.
Tony I wish what you said was true. There has been a great amount of discussion among our members a few months back when the last date for such disclosure was and the majority opinio was that everybody has to report all foreign accounts containing more than 10K. Interest on FDs are taxable and if you already paid tax in India then you have to disclose that in the IT returns here.
Anyway I dont know whether they would take the pain to check out all resident aliens who have bank accounts in their home countries unless, as you said, they become US citizens/GC holders.
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njboy
06-09 10:12 AM
Imagine if it takes 3-4 years to process an H1B..the only option we'll have, is to go premium processing. That way, premium processing becomes the rule, not the exception. If they want to be really "capitalistic", they can say, how much is the H1B worker ready to pay out of their salary for the H1? 10,000 dollars a year? Shouldnt they charge us that, if they think they can get away with it? Afterall, its good old capitalism right? Everyone should be concerned about their bottom line..why not the BCIS? Im sure most of these already exploited H1B's will shell out 10K extra per year just to keep their H1's. Does that sound like a good business proposition? It does..to me. Just like people pay extra to get their mail delivered next day Fedex, the BCIS should charge us 1000$ extra if we want the H1B processed in a reasonable time, another $1000.00 to get I-130 processed etc. Why the figure of $1000.00? Was it arrived based on some calculation? Why not..$5000, or even $7000? After all, market pricing should be based on demand supply, and since H1B is marketed as a premium product, this should be reflected in the prices otherwise it will lose its brand image..right?
milind70
04-07 05:38 PM
I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
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sundeep14
11-14 11:07 AM
Good Replies / Discussions ...
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gc_check
01-16 10:58 AM
I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
I'd worked for multiple employers prior to filing labor. Each employer experience letter is of different format. Only think you need to make sure, the letter reflect is the period you worked for the company, you role/title in the company, and the technologies you were working on. In some case, you might have the salary mentioned too. There is no such thing as a format, and each company has its own. If you had worked for one of the larger organization, you might get only on the standard format as per the company guidelines. You can have an additional, notarised letter from a co-worker or your previous manager.. along with the letter from your previous employer, if you are not able to get in a specific format. I'm not sure on the letters to submit in case of a RFE.. but in general this works.
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
I'd worked for multiple employers prior to filing labor. Each employer experience letter is of different format. Only think you need to make sure, the letter reflect is the period you worked for the company, you role/title in the company, and the technologies you were working on. In some case, you might have the salary mentioned too. There is no such thing as a format, and each company has its own. If you had worked for one of the larger organization, you might get only on the standard format as per the company guidelines. You can have an additional, notarised letter from a co-worker or your previous manager.. along with the letter from your previous employer, if you are not able to get in a specific format. I'm not sure on the letters to submit in case of a RFE.. but in general this works.
pappu
05-11 12:51 PM
can we listen to this program online?
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Sage_of_Fire
01-02 04:10 PM
So, do we have to code everything that goes into our projects? I mean, are we allowed to use particle engines (like Flint (http://flintparticles.org/)) or physics engines (like APE (http://www.cove.org/ape/))? I'm just curious; I don't really intend to use on of those.
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anzerraja
06-15 03:16 PM
From my Lawyer:
"You don't have it yet. You can ignore it. "
Anybody having a different opinion ?
Anzer
"You don't have it yet. You can ignore it. "
Anybody having a different opinion ?
Anzer
more...
axp817
06-16 12:21 PM
They say we (includes me and my wife) were missing G325A (boigraphic information sheets).
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
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GreenMe
01-21 01:47 PM
My wife and I work for Consulting firm. We both had to travel to India for Visa Stamping.
My wife appeared on 4th Dec 2010. The Consular asked all regular work questions to her and then issued her a blue 221(g) form asking for additional documents from employer. The documents asked were Employer tax returns, each state tax returns, employee list with their salaries and position.
My wife went to Mumbai Consulate again on 17th Jan with all additional documents. To our surprise she was interviewed same day by the same Consular and issued a visa. Typically in the past, the consulate would take the paper and would ask the candidate to wait for the email from consulate.
I appeared for my Visa interview on 23rd Dec and was issued yellow 22(g) form without checking any of my documents. I was asked how I am working on 7th year of my H1 and then issued a yellow form to verify my details. I was told to wait for email from consulate. Luckily I received email on 3rd business day. Typically these cases take anywhere from1 to 3 months.
At VFS center I met 3 more people who received yellow 221(g) and got reply from consulate with 2-3 business days.
My observation is that the Mumbai consulate was issuing 221(g)s to many folks. And this is not just limited to IT consultants but also affects Fulltime non-IT folks too. One of my friend from Manufacturing received yellow 221(g) last month but got email from consulate after 10 business days.
So to conclude, I think Mumbai consulate is issuing these 221(g)s a lot but at the same time the turn around time is also quick.
My wife appeared on 4th Dec 2010. The Consular asked all regular work questions to her and then issued her a blue 221(g) form asking for additional documents from employer. The documents asked were Employer tax returns, each state tax returns, employee list with their salaries and position.
My wife went to Mumbai Consulate again on 17th Jan with all additional documents. To our surprise she was interviewed same day by the same Consular and issued a visa. Typically in the past, the consulate would take the paper and would ask the candidate to wait for the email from consulate.
I appeared for my Visa interview on 23rd Dec and was issued yellow 22(g) form without checking any of my documents. I was asked how I am working on 7th year of my H1 and then issued a yellow form to verify my details. I was told to wait for email from consulate. Luckily I received email on 3rd business day. Typically these cases take anywhere from1 to 3 months.
At VFS center I met 3 more people who received yellow 221(g) and got reply from consulate with 2-3 business days.
My observation is that the Mumbai consulate was issuing 221(g)s to many folks. And this is not just limited to IT consultants but also affects Fulltime non-IT folks too. One of my friend from Manufacturing received yellow 221(g) last month but got email from consulate after 10 business days.
So to conclude, I think Mumbai consulate is issuing these 221(g)s a lot but at the same time the turn around time is also quick.
more...
gcdreamer05
02-24 11:45 AM
Recently we are seeing lot of people with new id without completing profile they are able to start new thread. What if admin enforced new user to fill the personnel information and then only they can post on this web site. More importantly some key massages\important issues get berried in active forums due to above issue.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
This is a very valid suggestion , because i believe most of the new questions are posted by that fake guy tunnel rat... with different different ids.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
This is a very valid suggestion , because i believe most of the new questions are posted by that fake guy tunnel rat... with different different ids.
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Imigrait
08-30 06:45 PM
Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.
Is it Received date or Notice date?
Is it Received date or Notice date?
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psaxena
10-07 07:20 PM
I did the same this one month back. All you have to do is the letter to USCIS telling them that your attorney will not represent your case in future and please mail all the communication directly to my registered home address.
Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.
Look for my previous post related to this and you will find the sample letter as well.
Folks, Please let me know if anyone knows where to send G-28 form if one wants to revoke attorney and be one's own representative?
Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.
Look for my previous post related to this and you will find the sample letter as well.
Folks, Please let me know if anyone knows where to send G-28 form if one wants to revoke attorney and be one's own representative?
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cheg
07-18 02:07 AM
Thanks! This will be very useful. I hope it's accurate. :D
http://www..com/
http://www..com/
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krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
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ragz4u
01-30 09:55 AM
Shouldn't the name for the site be LEGAL Immigration Voice , so that we can seprate ourself from the Illegals inclucing I-245
I do not believe there would be any confusion regarding that given that our agendas are very clearly defined and articulated.
At the same time, your suggestions are appreciated and please feel free to let us know about anything else that catches your eye
I do not believe there would be any confusion regarding that given that our agendas are very clearly defined and articulated.
At the same time, your suggestions are appreciated and please feel free to let us know about anything else that catches your eye
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lsuk
07-21 10:24 PM
GCKarma,
You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.
You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.
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WeShallOvercome
07-31 06:52 PM
My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.
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srinivas_o
04-28 10:49 AM
Used Advance Parole and gave my passport to the Officer, no questions asked and no issues. This is at Dallas on 23rd April. It just took 15 minutes to complete the immigration check.
cinqsit
12-10 03:12 PM
rubaru,
Congratulations!
Did you open a SR, Infopass or POJ to find out about missing fingerprints ?
Just curious
Thanks
cinqsit
Congratulations!
Did you open a SR, Infopass or POJ to find out about missing fingerprints ?
Just curious
Thanks
cinqsit
rockstart
05-04 09:25 AM
I changed my address using online AR11 on friday May 1st. I checked my case portfolio next day and saw a soft LUD on my I 485 application. Same with my wife. I think it is always better to get the address change done in the system because later it can be a big headache to solve. I will update forum if I hear anything from CIS.
