Saturday, June 11, 2011

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  • Macaca
    02-23 01:25 PM
    This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.

    The status of I-140 application may be important. Out of state tution may depend on the state.

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  • qplearn
    12-20 08:45 PM
    Undocumented amount 33% taken out from monthly compensation then pay roll tax withhold amount went to federal, state tax, social tax and Medicare.

    My point is how can employer deduct tax with is not shown on pay slip.

    What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.
    I am sorry to hear this, and I hope your friend is able to get out of the mess. I have heard of something similar, although the logistics were slightly different in that case, from a friend. Unfortunately, such things happen.

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  • krishmunn
    04-07 02:18 PM
    The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.

    You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???

    BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .

    There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.

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  • Winner
    12-25 10:55 AM
    I have printed the banners (they will go up on all the Indian stores that I can find).

    I have sent out an email to all my friends who are on work permits.

    Great Idea!
    I'm thinking of printing some and leaving it in local worship places mostly visited by immigrants(in my case its a hindu temple)


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  • slc_ut
    01-17 11:59 AM

    When did you get the ITIN number using the letter from the bank ?

    1. When you were filing taxes at the beginning of the year.


    2. Some other time, by using W7 form by itself.

    Please respond.

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  • lacrossegc
    12-21 01:20 PM
    Its in the Visa Bulletin itself

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
    preferences, not more than 10,000 of which to "Other Workers".

    Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

    Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.


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  • go_guy123
    11-03 08:55 PM

    About CIR.

    He talks of more green cards :(

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  • factoryman
    03-15 11:30 AM
    through whom I filed my first year taxes in US, that you don't need to declare if your mail-in rebates, apartment referals don't cross USD 1600. I haven't read anything that this has changed.
    Note: Once I got USD 400 for an apartment referal and I split it 50/50 with the friend.

    I hope someone out there in a similar situation can help me out.
    I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
    I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
    Any comments or tips are welcome.


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  • desi3933
    05-19 03:30 PM
    .... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
    In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K

    My questions:
    1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
    2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
    3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
    4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
    5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?

    1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

    3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

    Have a good day!

    Not a legal advice
    US citizen of Indian origin

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  • tammigaw
    02-06 05:27 PM
    Thanks a lot for heart warming response .

    I greatly appreciate your comments .

    Ask him to go to hell!!!

    Pls go on and join wherever you like and tell him this is a free country like India.Go to a lawyer and sue him if he talks any further...Not to worry,my friend.


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  • freddy22
    07-13 11:07 PM
    My son 18 and a green card holder since december 2005 - entered the US legally in 1999 lives with me his father - mother in other country - no ties to other country - UK:
    He has a sister here - and me and other family members:

    He was involved with taking snow mobiles last december and charged with midemeanors reduced from felonys - 2 felonys reduced on plea bargain:
    He was sentanced to 3 years probation, and some days per week in jail which he served but is still on probation:

    He picked up another charge when entering a friends house and was with another person who stole two items - a laptop and a wii - he was charged with burglary in 2nd class C felony - we have a attourney and hopefully can get it reduced to a misdemeanor:

    He is currently in jail on $25,000 bail:
    He appears in court on wednesday - we will ask for a bail reduction:
    Obviously a violation of probation is filed and he has this new charge and the old charges he was put on probation for now hanging over him:

    This kid was mixing with the wrong crowd and I need to get him away from that and will ask the judge to send him to boot camp where he will learn discipline, responsibility and grow up:

    My questions are:

    would he be depostable or would he face any involvement regarding immigration?

    If his charges are misdemeanors including this felony reduced to a misdemeanor - meaning never having been convicted of a felony - does this constitute removal proceedings or involvement in possible deportation?

    Your advice would be greatly appreciated

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  • apahilaj
    03-25 01:59 PM
    Is this true?


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  • EndlessWait
    12-13 02:55 PM
    its a "carrot dangling" technique used by the immigration system here to make u "modern day slave" to get things done....they will take ur SS taxes and make u wait until you realize and give up and go back

    i really wish the reality of this immigration was known to me when I came..I wasted my career waiting in this GC wait.... :mad:

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  • Rajeev
    10-12 09:50 AM
    The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.

    The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.

    On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.

    Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.

    1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.

    2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.

    Here is what I would suggest for your case:

    Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.

    This is the best case scenario that I can envision for you.

    Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.

    You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.

    Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.

    If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.


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  • rsayed
    08-22 11:25 AM
    i APPLIED ON 7th July...
    NO news

    I applied on 7th July too - Receipt Date - 8th July - Notice Date - 9th July, 2008.

    Paper-filed through my firm's lawyer - nothing so far!

    Tried calling USCIS a few times - don't know whom to beleive - once, I was told an IO has not been assigned to my case. The other two times, they said, they're processing cases filed before April 2008 and I'll have to wait another 82-90 days!!!

    Which doesn't sound true - coz' I know friends who filed in June/Jul - who got their approvals.

    So, I'm compelled to logically arrive at one conclusion - USCIS is in a mess...through and through!!!

    It's like the BLACK HOLE - No one knows what goes on in there - once, your app is in - only a miracle can get it out...

    Sorry - just venting my frustrations...think I should go jog and drain myself silly...!!! :mad:

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  • sanojkumar
    08-21 11:35 AM
    Yes, My checks got cashed as well. We had filed on July 18th to NSC. Now I need one help. I have moved to Chicago area freom Michigan. We had filed from Michigan. So to change address to get FP notice in Chicago area what all I need to do? I had no Alien number on my I140. Please advice. I am looking at LIN number on the back of the checks. But for my wife she has different LIN number on three checks for I-765, I-485 & FP. Which one will be valid. Can I get any handle from these numbers to make a call to USCIS and request them to change my address online? What is the number for USCIS to call?


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  • zigma
    04-06 07:21 AM
    With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.

    IMHO, this bill amounts to saying,
    1. Let's legalize some of the illegals
    2. Let's push the the rest of the problem away for another 10-12 years
    3. A compromise

    But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?

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  • gc28262
    01-16 04:45 PM
    AC21: if my new employer is open to do either EAD or H1, what should I prefer? I want to take the least risky route.

    If employer offers H1B transfer, use that and also invoke AC21.

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  • PavanV
    09-06 02:28 PM
    Even in India some of the southern states dont like speaking in Hindi. In India, it is all about showing off, if your kid is here in US (as a slave on H1 B), Badi garv ki bat hai in India, dollar mein paisa banara hai na, isliye. The trend is more in AP (by the way i am from AP), where almost every family has one or more living and earning in phorein currency. As long as the native country cannot produce jobs for all (without reservations) and a decent standard of living, people will steal, lie, deceive, kill to come here to the US, and i guess they don't mind waiting for 20 yrs living as bounded slave, after all it is better here than the slum's isn't it ?
    (Satire included :))

    Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.

    06-15 01:43 PM
    It is law that he has to give the experience letter from previous employer

    01-22 10:39 PM
    Thks for your prompt response snathan, but I've been getting paystub from my new employer Company B (so far I've got 2 paystubs) so in this case I can't possibly getting Pay Stubs from both Company A & B right?

    The act suggested in the post above is illegal.

    Your work with Company B is also illegal. You cannot start working for a different company until you have the H1-B petition submission receipt.

    Your simplest and recommended course of action is to go out of the country and come back again. This will cause you least grief. But as you know, that course of action does entail the risk that your visa application could be denied.

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