Saturday, June 11, 2011

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  • sunny1000
    01-02 04:59 PM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria

    Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.

    In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.

    CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).

    Below is the link for Advance Parole:

    USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)





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  • eb3_nepa
    11-10 12:27 AM
    And shat exactly is the point of this discussion again? More ranting?

    You know, maybe few people have noticed this, but when it comes to selecting the "lawyer", you have to pay, if you want your own lawyer. A lot of ppl are very happy that the company pays. So people want their cake and eat it too. They want the company to pay for the lawyer, BUT BUT they want the lawyer to work for them and even let them, when they can leave the employer without negatively affecting their GC process.

    The problem is not just the lawyers or the HR ppl guys. The problem is also partly US. If we were to insist that WE pay for the process and we hire our own lawyers, we would have a LOT more control on the process. However, I understand that not all of us have that option, but then those of us who do not have that option, have to thank their stars that they did not end up paying close to $10K for this whole process. Face the facts guys, if your company is paying ur lawyer, ur lawyer is working for them NOT you. Your company and NOT you is the lawyer's client, so he is LEGALLY REQUIRED to serve them and NOT you.

    We curse the USCIS everyday (I do too), but we have to admit, they have done an EXCELLENT job these past few months and almost everyone I know has received their EADs, APs and FP notices within the stipulated 90 day period. Let us commend the USCIS for that. We criticized and cursed them when the the time had come to do so. Now they have done a good job so let us commend them for it. Some USCIS centers are even doing actual finger printing on Saturdays (in the state of CT. My friend actually did his on a Saturday). They do not have to do any of this, BUT THEY ARE DOING IT.


    About HR, again we all hate them, but they do the best they can. Ah what the heck i'll give you guys this one ;) Go ahead curse away :p. Although I will say this, some HR ppl are rather helpful. I have worked for 2 companies and touch wood both helped me a lot with paperwork and were quite prompt.





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  • NikNikon
    June 17th, 2005, 03:44 AM
    Maybe my monitor is set a bit dark since I have yet to see my version as being too bright. Do pictures in my gallery seem to bright as well? If so I may have to do some adjustments.





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  • pbuckeye
    07-27 02:46 PM
    I submitted all the documents except for the client's letter.


    Can you elaborate on what other documents you submitted to prove that you actually work at the client site? Contract documents? Time sheets? Badge?



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  • pbuckeye
    08-04 08:16 AM
    While the thread was started on a light note, I think this is a serious topic.
    .
    .
    .

    And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.

    Completely agree with your message that - prefer unprocessed food and do everything in moderation.

    However, are you suggesting blue label is healthier than a cheaper whiskey, its funny.

    And - although I agree that some traditional breakfast items could be low on fats/calories .. some of them are not (aalu paratha, pakoda etc), so cereal/oatmeal or egg white is an alternative.





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  • immi_2006
    10-23 12:23 PM
    If you are worrying about your GC costs then file it on your own. Its very easy. I filed 485 on my own along with EAD and AP. I got my receipt numbers, EAD, FP. I guess 140 needs to be filed my employer with help of Attorney. Or you can file with help of your employer.(i am not sure on this)



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  • virald
    05-21 01:55 PM
    I applied for renewal on May 19th. My EAD expires on August 23. So, I guess I'll have to follow your renewal process to see if mine will arrive in time.





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  • mirage
    03-12 09:46 AM
    This is one of the most hilarious thing I heard in months, thought I'll share....
    --------------------------------------------------

    It was the first day of a school in USA and a new Indian student named Chandrasekhar Subramanian entered the fourth grade.

    The teacher said,

    "Let's begin by reviewing some American History. Who said 'Give me Liberty or give me Death'?"

    She saw a sea of blank faces, except for Chandrasekhar, who had his hand up: 'Patrick Henry, 1775' he said.

    'Very good!'

    Who said 'Government of the People, by the People, for the People, shall not perish from the Earth?'

    Again, no response except from Chandrasekhar. 'Abraham Lincoln, 1863' said Chandrasekhar.

    The teacher snapped at the class, 'Class, you should be ashamed. Chandrasekhar, who is new to our country, knows more
    about its history than you do.'

    She heard a loud whisper: 'Fuck the Indians,'

    'Who said that?' she demanded. Chandrasekhar put his hand up. 'General Custer, 1862.'

    At that point, a student in the back said, 'I'm gonna puke.'

    The teacher glares around and asks 'All right! Now, who said that?'

    Again, Chandrasekhar says, 'George Bush to the Japanese Prime Minister, 1991.'

    Now furious, another student yells, 'Oh yeah? Suck this!' Chandrasekhar jumps out of his chair waving his hand
    and shouts to the teacher , 'Bill Clinton, to Monica Lewinsky, 1997!'

    Now with almost mob hysteria someone said 'You little shit. If you say anything else, I'll kill you.'

    Chandrasekhar frantically yells at the top of his voice, Michael 'Jackson to the child witnesses testifying against him- 2004.'

    The teacher fainted..

    And as the class gathered around the teacher on the floor, someone said, 'Oh shit, we're screwed!'

    And Chandrasekhar whispered quietly, "the Republicans, November 4th, 2008".



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  • milind70
    07-26 03:12 PM
    My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
    Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

    My 140 is still pending

    Actually speaking your wife does not require any visa after applying for AOS but your 140 is not approved so to be on the safer side please change the status to H4. I would suggest consult your attorney





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  • wandmaker
    07-23 11:10 AM
    If 15 months has passed since your last FP and your GC is still pending then you will receive an FP notice again. It does not mean things are moving and/or someone looking at your AOS file. If you EFILE the EAD - you will receive a FP notice each time for thumb and picture, this is different from 485 FP.



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  • ar7165
    07-20 01:29 PM
    My gc is in process, both I-140 and I-485 is approved over 180 days back. I have a valid EAD. Recently I lost my job (laid off). Can I apply for unemployment benefit?





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  • cool_desi_gc
    08-22 12:48 PM
    Paper filed to TSC and my 485 is pending at NSC
    PD: EB3 Dec 2002

    EAD sent to TSC on July 10th
    RD: Jul 11th
    ND: Jul13th

    EAD expiring on Oct 3rd.So my countdown started.

    This is scary man...



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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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  • a_yaja
    03-15 12:07 PM
    This topic seems to be gray for H1B holders. What is allowed and what is not.

    * What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".

    Accepting $200 for an article in the above scenario should be OK. However, if you are going to make a career out of it (writting articles for the sole purpose of generating income) - they you have crossed the line for "passive income" definition. Similarly, selling stuff on auction sites is OK as long as you are diposing off your stuff. But if you are going to go around your neighbourhood looking for stuff that you can sell on auction sites, then again you have crossed the line.

    All said and done, this is definitely a grey area for people who do this often - for example, who decides the number of aricles that you can write before the hobby turns into profession:D ?



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  • kumarc123
    01-15 03:55 PM
    I agree.

    Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.

    Maybe they should also keep it low key so less people oppose it;)

    Send it through when Mr.King is on vacation:D

    Guys please call her office number and speak to someone in immigration and request them for her to re-introduce visa recapture bill.



    Please lets focus on this, please call, also include your intentions of buying homes.



    Please Call





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  • vjkypally
    11-14 09:16 AM
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  • kalwinhobbess
    08-28 06:16 PM
    Its writern in the RFE. I got an RFE and in that letter its clearly mentioned by when you need to submit the required docs.





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  • JunRN
    08-11 05:19 PM
    That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.

    If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.





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  • kumarc123
    01-16 10:12 AM
    can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....

    I appreciate your humor along with all other IV members who have enjoyed the joke so far. But humor wont help us, but our diligent and focused measures, if you have something more than humor please join us, if not please don't make fun of our measures.


    I humbly request everyone to start calling.

    Thank you





    kondur_007
    08-24 10:23 PM
    I hate to give you the bad news, but as far as I know, if you filed 140 after the expiry date on Labor, it will be denied.
    And yes, there is a rule about this that they came up with since past few months (?about a year now..)
    I would suggest to start a new PERM ASAP and get a help of a good competent lawyer this time.
    Good Luck.

    (Although there are only a couple of days between the expiry date on your labor and 140; but if you really filed your 140 after the expiry of PERM, it will be denied. Are you sure of RD? if it is ND and your RD is within the expiry, it may still be valid).





    hibworker
    07-15 05:37 PM
    Hand in all I-94 that are in your possession since last entry in to US.



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