Tuesday, June 21, 2011

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  • H1bslave
    10-22 08:55 AM
    thanks for giving wrong information, however, I haven't flagged you RED, but that explains.

    S-corp can be opened by only US Citizens. You can open a LLC or C-Corp.





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  • Alabaman
    10-13 01:17 PM
    I have worked many times, after sending the courier. Just have the documentary proof of payment and fedex receipt. That is SUFFICIENT.

    BTW: One tip I have for u guys, is to pay the H1B fees with your personal cheque, and that way, whence the cheque gets cashed by USCIS, you immediately have the receipt and furthermore, USCIS would put your EAC number on the cheque, whilst deposting it, hence u have three benefits, when u pay with your cheque.
    - u know when USCIS cashed the cheque
    - ur middleman can NOT fool you, since u know, exactly when the app is filed and money collected by USCIS.
    - u have the receipt # (which is also ur EAC number) the moment the cheque is deposited.

    This is common sense, tactic to keep urself informed and enabled, always.

    HTH.
    Deepak

    I guess using your personal check would depend on the size and reputation of the company filing for you. Might probably work with a small firm but I doubt if you can do that with a big company.





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  • sunandoghosh
    03-20 09:34 AM
    H1B � Bringing spouse in USA

    Hi Friends,
    At the outset apologies if I am raising this q in the wrong thread. Could not find a better thread.
    I have been in USA this Jan 2011 on H1b. My wife is in India.
    I would like her to come here at USA for few weeks. However We are going through a little difficult financial situation.

    I wanted to understand from tax implication perspective.

    Is it correct that if she comes here for few weeks then I can file a tax return in future for FY 2011 claiming her as a dependent which would double tax deduction?

    Pls let me know in this context:

    # How much is the deduction available for spouse?
    # Is it necessary that she comes to usa on h4 in tax year 2011 to claim the deduction

    The reason I am asking is if I can save tax it will offset my cost of tickets for her to and fro.

    Pls help me by providing your guidance on following so that I can plan given my little financial difficult situation.

    Pls provide ur valuable inputs.
    thank you





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  • gconmymind
    04-24 03:40 PM
    That means your case is still waiting to be assigned. Just like mine for the past two months. I also called NSC this afternoon and got the same response.
    NC pending, Waiting to be assigned, Call after 60 days. I don't know what to say.

    I am not sweating too much right now as none is current for me. But it is disheartening to see no progress on the case even after RD and PD become current. It is good that a lot of people are getting approved, but there is no FIFO in this...



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  • eb3retro
    05-30 05:13 PM
    show him the Middle F..... all he can do is revoke your I-140 after spending some time and energy on doing so.
    AC21 was enacted to protect you from this very situation.

    The only effect on you will be that you might get an RFE before adjudication and all you have to do at that point is an employment letter in the same or similar job description.

    Good luck!


    amen to that...well said my friend..i love your posts...





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  • gc_dedo
    06-16 12:41 PM
    Refer to http://immigrationvoice.org/forum/89463-post5.html

    Hi, how about I-485? do we need to file a new I-485 or just request change to the existing one? If we need to file a new I-485, I think it would cause addtional delays that needs to be taken into consideration.



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  • jayleno
    08-27 09:37 AM
    Looks like Ms. Murthy's clients requested her to confuse their employees. She is only talking about a very narrow scenario. It applies to people whose priority date is current and are looking for new jobs. No need to panic.
    Also attorneys would like err on the safe side especially on the free advice. So look for a grain of salt and some water.





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  • dan19
    03-13 05:24 PM
    Has anyone converted from H4 to H1 in Canada with an Indian Bachelors' degree?



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  • enigma1
    08-21 12:43 PM
    Did you get any response for your application?





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  • krishna.ahd
    02-07 03:35 PM
    my in-laws came back after eaxct 1 month, with no questions asked and additional 6-month stay. I would recommend that you file for extension of stay if they haven't left already. I have seen it work 100% of times unless you / in-laws have any past history that may negatively impact the decision.
    I opine for filing extension , i had done this successfully.



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  • gantilk
    05-28 11:22 PM
    I also did the same thing. Do not worry, they will correct it when you go to give finger printing. Or you can call the NSC and update them. I immediately called nsc and updated them. But then i think its pointless, since they will anyway correct all the information at the biometrics. Good luck.





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  • lca2004
    03-17 07:57 PM
    comon guys..let bill frist and his staff see a lengthy graph in our favor whn they analyse the final results..it didnt take me more than 2 mints



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  • breddy2000
    04-01 02:45 PM
    The next thing we will see all immigrants trying to enroll into Ph.D programs

    Then next would be 65k quota on the number of applicants who can enroll in Phd and country limit not exceeding 7%.

    And the saga continues.......:D





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  • Sakthisagar
    06-17 08:56 AM
    White House says energy bill the top legislative priority this summer
    By Michael O'Brien - 06/16/10 09:21 AM ET

    Passing an energy bill will be President Barack Obama's top legislative priority this summer, White House deputy press secretary Bill Burton said Wednesday.

    The president's main focus will shift to working toward a comprehensive energy bill once the Congress finishes up work on Wall Street reform, a process that is expected to conclude this month.

    Read Further.

    White House says energy bill the top legislative priority this summer - The Hill's E2-Wire (http://thehill.com/blogs/e2-wire/677-e2-wire/103483-white-house-energy-bill-the-top-legislative-priority-this-summer)

    So now only scope for immigrants now is piecemeal Visa re-capture.



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  • reddog
    01-06 12:41 PM
    Why are we so pessimistic about everything?
    Why cant we just say 'Yes, It is going to happen'.
    Smart asses will talks about being 'realistic' and 'look at the history' and stuff.

    I have only one thing to say, this country has its first black president.
    The country wanted a change, asked for it, was optimistic and look at what they got. Mr Obama.
    Political pundits had a million reasons as to why Obama can never be the President of the USA, or even that he will not clinch the Democratic ticket.

    Things are different. You can sleep and dream or wake up and dream.





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  • BharatPremi
    03-24 01:09 PM
    Does Codes have to be same or similar ?

    I have on my LCA srats with 15 (15-1051) and says Compute Systems Analyst.

    Can I take new position which starts with 15 but is (15-1031) Computer Software Engineers, Applications.

    Does it have any issues ?
    If job description is similar then is it OK?

    thanks for any information

    My lawyer tells me that if you comeup with 15-1051 based new job having GC filed under 15-1051, it would be great. If you can manage "15" then he will have to manage "long cover letter" but still manageable. But if you come up with new job other than "15" then it would be to say "do not give me green card". Please consult your lawyer before accepting the new job.



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  • nixstor
    10-13 01:20 PM
    Thats barely 2 days. It takes any where between 2 to 4 weeks.

    In case of an extension of H1B by the same employer, does the employer has to pay any fee other than the 190$ fee? AFAIK, There is no need to pay either the 1500$/750$ . Can some one confirm?





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  • lost_in_migration
    05-24 04:42 PM
    Good idea :)

    Probably not, but I might start a company just across the border in Mexico as it's basically sunny like California and could be a great attraction to all the professional people who are tired of the US immigration law, but like to have easy access to North America.





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  • gc_wow
    02-14 12:02 AM
    There are three things
    1.Labor Laws
    2.Immigration Laws and
    3.Tax Laws

    LCA is given by Labor Department, their business ends there.
    Based on LCA and other things USCIS determines whether to issue H1 or not.
    Tax Laws are really goofy nobody fully understands it.

    There should be some one stiching all this together and tell us what we need to do,may be guidance from State department or DOJ etc..,

    If you talk to five lawyers each one of them will tell you different story.There will be few thousands of scenarios and cases which needs to be studied.





    desi3933
    02-17 11:43 AM
    As per Feb 20, 1992 memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, that air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    ______________________
    Not a legal advice.
    US citizen of Indian origin





    MunnaBhai
    02-26 08:29 AM
    05/09/2006: BS or MS Degree and Equivalence and NSC Position

    a.. This has been a challenging issue for the NSC. Since all the I-140 petitions are filed with the NSC and at least the half of the cases will be adjudicated by the NSC, it is important to learn the NSC's positions on the following issues. According to the NSC Director, the following are the current positions of NSC:
    a.. Bachelor or Master degree must meet two requirement: One is the number of years in schools. Second is the specialty courses. From these standards, the NSC appears to take the following positions:
    a.. 12 years in elementary and high school + 3 year Bachelor of Science degree in India + 2 years of Post Graduate Diploma or Master degree = Not Equivalent to a Master's degree for the reason that generally 18 years in school is required for a master's degree. Since one of post graduate program is taken out for Bachelor's degree equivalency, it may not necessarily prove a master's degree, according to the NSC. Such background may likely be used to prove a bachelor's degree equivalency.
    b.. 12 years in elementary and high school + 3 year Bachelor of Science degree in India + 3 years of Post Graduate Diploma or Master degree= Master degree equivalent.
    c.. 13 years in elementary and high school in European countries + 3 year Bachelor of Science degree= Maybe equivalent to a Bachelors degree in the U.S.
    d.. Two 2-year degrees at the same level = Not equivalent to a Bachelor's degree. Accordingly, two AA degrees will not make a Bachelor's degree equivalent. The opinion may be different if the second 2-year program requires the first 2-year degree as prerequisite to the admission.
    b.. NSC also confirms the following policies:
    a.. Alternative requirement of "MS + 1 year Experience or BS + 3 or 4 year Experience" in the Labor Certification = Not qualified for EB-2
    b.. Stand-alone BS + 5 years of progressive experience without the alternative requirement of MS in the Labor Certification = Qualified for EB-2.



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