nozerd
07-02 10:05 AM
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
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parvezns
01-17 07:36 PM
Hey All,
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
sk.aggarwal
03-25 03:17 PM
You need to go before filing labor in order to be eligible for one year extension.
I do not agree with this. H1 extension is allowed if perm is filled one year before completion of 6 year on H1 + any recapture time.
I do not agree with this. H1 extension is allowed if perm is filled one year before completion of 6 year on H1 + any recapture time.
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sanjay02
03-28 07:34 PM
Report to dept of labor at your local office.
info@dol.gov
info@dol.gov
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jungalee43
01-11 03:27 PM
Nice to know and good luck to all of you. Hope it helps.
hydboy77
06-12 07:50 PM
Great Job vine93. In addition to telling your story of sufferings,disappointmenst becsue of the retrogression also get some talking points from IV maybe Pappu can provide you some, not that you need any, everyone of our sufferings are talking points by themselves. Please convey them how people from India are waiting for 10+ years without any chance of GC in sight and have to wait for another decade or so to get there green card. Good luck, I have called my congressman and vented my frustrtaion at how people from India china are suffering because of country quota and because of recapture of visas not happenning.
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
more...
bandhu
02-04 08:07 PM
i was totaly upse about this post, here is my correct entry
definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),
I did not know moral contractors like u r here otherwise wud hv contacted u before USCIS.
BTW: What good are YOU doing to this country?
definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),
I did not know moral contractors like u r here otherwise wud hv contacted u before USCIS.
BTW: What good are YOU doing to this country?
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ksrk
08-15 02:13 PM
Thank you ksrk for your reply on validity of I-94.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.
2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.
2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
more...
sdrblr
06-29 02:37 PM
Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".
What are my options. Can you guys suggest where I can buy the insurance from.
What are my options. Can you guys suggest where I can buy the insurance from.
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vaishnavilakshmi
06-22 06:01 PM
to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.
I'm EB3-ROW
PD March 23, 2007
HI,
Iam also sailing in the same boat.i want to change my maiden name to married name now.Just about to file for i-485.My concerns and doubts are :-
- I need to send it by mail to sanfransisco and what if it gets delayed?
-Will name check be done on two names(married and maiden) and endup in delays and pending of my application?
-All my certificates,recent affidavits till now show my maiden name.But i got written in my son(usa born)'s birth certificate with married name as last name and maiden name maiden name itself.So will that create a problem?...
So with the above issues,can anyone suggest me if i can wait till I-485 approves or it doesnot matter if i change it now?If i travel to sanfransisco and visit consulate general in person and apply will they issue the new passport within the same day??
Awaiting for ur golden responses,
vaishu
I'm EB3-ROW
PD March 23, 2007
HI,
Iam also sailing in the same boat.i want to change my maiden name to married name now.Just about to file for i-485.My concerns and doubts are :-
- I need to send it by mail to sanfransisco and what if it gets delayed?
-Will name check be done on two names(married and maiden) and endup in delays and pending of my application?
-All my certificates,recent affidavits till now show my maiden name.But i got written in my son(usa born)'s birth certificate with married name as last name and maiden name maiden name itself.So will that create a problem?...
So with the above issues,can anyone suggest me if i can wait till I-485 approves or it doesnot matter if i change it now?If i travel to sanfransisco and visit consulate general in person and apply will they issue the new passport within the same day??
Awaiting for ur golden responses,
vaishu
more...
sammas
07-14 12:36 PM
Please look at the text below
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
Based on the above text, you are supposed to pay $340. Chances are that your EAD application might be rejected due to no filing fee.
Coming to your questions, below are the answers
1. Probably not
2. If you have the application number like SRC or LIN etc., you may be able to do this. Before doing it, please take the advice of your attorney.
3. If no application number was generated, this might be a good idea.
Hope this helps.
Note : I am not an attorney, please make sure to take legal advice.
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
Based on the above text, you are supposed to pay $340. Chances are that your EAD application might be rejected due to no filing fee.
Coming to your questions, below are the answers
1. Probably not
2. If you have the application number like SRC or LIN etc., you may be able to do this. Before doing it, please take the advice of your attorney.
3. If no application number was generated, this might be a good idea.
Hope this helps.
Note : I am not an attorney, please make sure to take legal advice.
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kaisersose
07-24 04:34 PM
Hi,
If I have a permanent offer after 180 days of Receipt date (I 485)...
Is this offer should be in the same location (state) where my labor got filed ???
Please advice...
Thanks
No. These questions have been answered already several times. Use the search feature.
If I have a permanent offer after 180 days of Receipt date (I 485)...
Is this offer should be in the same location (state) where my labor got filed ???
Please advice...
Thanks
No. These questions have been answered already several times. Use the search feature.
more...
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qualified_trash
01-01 12:03 AM
provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....
this is not true. you can port the I 140 even if the employer has USCIS cancel the I140.
you CANNOT port PD from an approved I140 if I140 was revoked due to fraud.
this is not true. you can port the I 140 even if the employer has USCIS cancel the I140.
you CANNOT port PD from an approved I140 if I140 was revoked due to fraud.
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mena
11-14 12:59 PM
Hi,
Do anyone knows what kind of additional information is requested for Travel Document. Here is the message I see online:
Receipt Number: SRCXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: We mailed you a notice requesting additional evidence.
On November 13, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Do anyone knows what kind of additional information is requested for Travel Document. Here is the message I see online:
Receipt Number: SRCXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: We mailed you a notice requesting additional evidence.
On November 13, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
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sanu121
12-22 05:07 PM
Austin+1
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09-22 04:43 PM
Ignore distractors. Keep calling please. Play now and pay for ever or pay (20 minutes) now and play for ever.
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LostInGCProcess
10-24 12:56 PM
Unless your parents have SSN, you can't really claim exemption. .
This is not true.
I have claimed my parents as dependents when they visited me a year ago for about 5 months.
When you submit your tax returns to IRS, at that time they apply for ITIN (if they don't have one) for the parents. That what I did....however, I went thru a CPA.
Thanks
This is not true.
I have claimed my parents as dependents when they visited me a year ago for about 5 months.
When you submit your tax returns to IRS, at that time they apply for ITIN (if they don't have one) for the parents. That what I did....however, I went thru a CPA.
Thanks
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axp817
03-28 01:46 PM
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
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humdesi
11-06 11:09 AM
So barring a once in 5 year trip/mail to consulate, there are no issues with PIO.
There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
Chris Rock
08-12 01:27 AM
IV core,
Thanks very much for your tireless work.
I have some serious questions to you. Hope you will answer them. I fully understand that you are all volunteers. I am not demanding anything; rather this is a request...
1) Does IV working on any temprory EB visa fix for people waiting for 8 years? Or IV is waiting for CIR to happen?
2) A simple one line amendment (that is easily acceptable by the lawmakers) in a must pass bill will fix the problems of long time sufferers. Does IV have anything in its agenda?
3) Does IV beleive in bringing releif to IV members in steps or do you want to solve all members problem in one shot? If the second case is true, is it possible in this economy?
4) Recently many immigration related amendments are debated in congress; not for one bill but during two bills. There was no single amendment that helps the heavily retrogated categories. Why IV is not successful in requesting the lawmakers to bring up an amendment? Is there a single soul (lawmaker) sympathetic to our cause? If money is the only issue, I will donate first and persuade my friends to do the same.
We (me and many of my friends) were once active members right from the early days of IV. We contributed and involved in every IV initiative before. Now we are in the sidelines. I strongly beleive, members like me will be active again once we see any hope. Right now there is none.
Thanks very much for your tireless work.
I have some serious questions to you. Hope you will answer them. I fully understand that you are all volunteers. I am not demanding anything; rather this is a request...
1) Does IV working on any temprory EB visa fix for people waiting for 8 years? Or IV is waiting for CIR to happen?
2) A simple one line amendment (that is easily acceptable by the lawmakers) in a must pass bill will fix the problems of long time sufferers. Does IV have anything in its agenda?
3) Does IV beleive in bringing releif to IV members in steps or do you want to solve all members problem in one shot? If the second case is true, is it possible in this economy?
4) Recently many immigration related amendments are debated in congress; not for one bill but during two bills. There was no single amendment that helps the heavily retrogated categories. Why IV is not successful in requesting the lawmakers to bring up an amendment? Is there a single soul (lawmaker) sympathetic to our cause? If money is the only issue, I will donate first and persuade my friends to do the same.
We (me and many of my friends) were once active members right from the early days of IV. We contributed and involved in every IV initiative before. Now we are in the sidelines. I strongly beleive, members like me will be active again once we see any hope. Right now there is none.
Life2Live
04-29 11:15 AM
How to know there is already a case against the employer?
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