Wednesday, June 15, 2011

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  • aug2007
    02-24 12:02 AM
    I'm in sixth year of H1. Also have EAD for more than 2 years but not used. Also, have valid AP (approved in Dec 2009). My I140 is approved more than a year back and I485 is pending since August 2007.

    I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.

    I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?

    I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?

    Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.




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  • YesGC_NoGC
    03-19 10:06 PM
    There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)

    If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000


    When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.

    I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!


    More over are you making any money on the property sale now a days?!



    FED allows

    What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?

    From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?

    Can anyone who has sold a property on h1 or EAD confirm this?

    Please share first hand experience and not something that someones heard through the grapevine




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  • h1bnogc
    07-27 07:34 PM
    I am in similar situation.wondering though..can somebody apply for I485 while his h1b extension denied and file for MTR and decision pending?




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  • roseball
    05-14 05:20 PM
    Please review my ETA 9089, it must fit EB2.

    H.3. Job title: SENIOR SOFTWARE ENGINEER
    H.4. Education: minimum level required: MASTER'S
    H.4-B. Major field of study: COMPUTER SCIENCE
    H.5. Is training required in the job opportunity? NO
    H.6. Is experience in the job offered required for the job? YES
    H.6-A. If Yes, number of months experience required: 12
    7. Is there an alternate field of study that is acceptable? NO
    H.8. Is there an alternate combination of education and experience that is acceptable? NO
    H.11. Job duties:
    Analyze, design, coordinate and supervise the development of software systems.....
    Design and develop programming systems making specific determinations....
    Responsible for development of new programs, analyzes...
    Responsible for analysis of current programs including performance�.
    Review and repair legacy code�.
    H.12. Are the job opportunity's requirements normal for the occupation? YES
    H.14. Specific skills or other requirements: EMPTY


    I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.

    Thank you,

    What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.



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  • sunny1000
    06-26 12:05 AM
    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance

    After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.

    you can also call the USCIS CS number to see if they can help you.

    Wish you luck.




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  • UniGum
    09-21 02:45 PM
    let us hope and pray bec will do something to finish this ASAP.... it's too much depressing....



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  • wrldnw4me
    05-26 11:32 AM
    Thanks for the great work by the IV Core Team, QGA and all Senators and their staff.

    Thanks once again




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  • langagadu
    03-29 03:53 PM
    nope



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  • yetanotherguyinline
    01-18 09:17 PM
    ^^^^




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  • mchundi
    07-28 01:36 AM
    Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


    Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

    Can someone please help?
    U will get a 3 year H1-B with the new employer.
    i donot have experience with PERM. From what i know it varies from state to state. typically 6 months, may be longer or shorter.
    --MC



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  • eastindia
    02-01 01:15 PM
    Donate to the Haiti earthquake fund. They need your help.




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  • tikka
    08-06 09:48 AM
    ...bump...


    I will be there..



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  • frostrated
    08-10 10:09 AM
    frostrated & smuggymba

    Thanks for ur replies....
    As I am EB3 - MAY 2009....No question of I 485 soon....
    thats the reason for the F1....

    U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).

    And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
    Whether is the letter of intent makes them believable!!!

    Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.

    Frostrated: College is only giving I 20 rest of the things we have to do ourselves.

    140 is on your name and not your wife's. You do not have to show that you are trying to apply for GC. Your sponsorship for your wife is coming from your status as a H1B. IT does not matter how many times you do COS. What matters is the last status you hold, which is H4. B1 to F1 might be an issue, but you dont have to worry about it as your are H4 to F1.

    If college is only providing I-20, no problem. Once you get the I-20, you can apply for COS yourself. You will need to provide a copy of the I-20, ability to pay for at least the first year's of study (bank statements and a letter from the bank, your salary slips as the sponsor, a letter from your employer that you are employed by them and the pay that you are getting - dont need to have skill set like in an employment verification letter), a letter from your wife requesting transfer of status to F1 and the letter should also state that she intends to return to her country of residence (India in your case) at the completion of her studies. Make sure you do not mention about any GC related info. The moment you mention that, it raises a flag and might involve the issuance of a 221(g) - intention to immigrate to the US. A student visa is a non-immigrant intent visa and not a dual-intent visa like a H1B.

    If you have any questions, send me a PM and we can discuss.




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  • Anders �stberg
    July 16th, 2004, 01:40 PM
    Thanks for the kind comments!

    I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)

    Concurrent H1 and L1 [Archive] - Immigration Voice

    View Full Version : Concurrent H1 and L1




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  • santiwar
    07-22 08:31 PM
    Although, I wish the Audio was a bit louder. Ok, will stop whinging like a bitter old man :D




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  • desi3933
    03-03 11:54 AM
    Thank you Desi!
    Man, that is one heck of confusing language, I am still trying to understand it.

    Main line is this -
    In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    Translation -
    If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.

    An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

    __________________
    Not a legal advice.



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  • Sakthisagar
    11-08 03:14 PM
    hello,

    I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

    Ony calcutta dates are available.

    Can I book an emergency appointment in this situation?

    I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

    Extended h1b here in USA..Now going to India for the first time after visa expiry.

    Also, for the stamping, should i carry all old LCA's or just the latest one?

    Thanks,
    arthi

    Lot of people in IV and also some of my friends expereince now in stamping Visa are totally different ones, So you are ok if you are having the H1 of the company you are working for if you are doing a consulting job. Be prepared to answer some of the queries consulate can ask like.

    Details of all employees working for your company, their payment methods.

    Company tax filing etc.. un-necessary questions.

    do not want to scare you, Please take all the documents which is possible to carry!

    Best of Luck.

    May GOD Bless.




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  • chanduv23
    09-14 03:39 PM
    yes - never knew it was Jay's voice - orr peobably Jay is doing mimicry




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  • chunky
    07-26 03:21 PM
    We are planning to go India in October (after receipt of 185). If I apply for change of status it will be cancelled because she left country before aprooval".

    I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions


    Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

    All the same, I would still get a H-4 as this will be advantageous as,

    1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

    2. AP takes a long time to come and she has to make an urgent trip back home?

    3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

    The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."




    vladdrac
    06-11 09:11 AM
    I like what is going on with what you are doing. The one thing that doesn't look good is that you have shadows going in different directions (i.e. chess pieces, clock, text). The board does not have a shadow at all. I think if you had added a shadow from the board it would look way more realistic.

    other than that, pretty good




    redgreen
    08-04 10:26 AM
    I think still there are some people waiting for their finger printing? Thousands for I-140 approval and ofcourse there are people from even 2001 waiting for I-485 approval. Most would have got their receipts, I think.



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