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  • Munshi75
    06-13 02:09 PM
    Thanks for all the information. Mine and my spouse's I-140 was approved 2 years ago. So, I guess I can apply for my EAD and live in this country legally.


    This is the feeling I got reading from different forums for few months, as soon as your employer revokes your H1B, it might trigger a RFE from USCIS asking for all details and your employment. It will be difficult for you to deal with such a situation unless you immediately find another prospective employer. It is better to apply for EAD while on H1b beased on pending I-485.





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  • Prashanthi
    08-27 03:02 PM
    I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
    Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
    In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.

    I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....

    Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
    And the old H4 approval notice is still in approved status when I check in USCIS website.

    Please help me in this situation, let me know all your opinion about this case.

    ~Thanks in advance.


    Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this.





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  • transpass
    08-27 02:02 PM
    what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions

    It's against the law not to provide CIS your new address within 10 days (?) of your move. FYI, it is mandatory even after you get GC...





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  • Siboo
    07-30 12:41 PM
    :confused: Guys ,
    I just checked my I140 approval notice and it shows LUD as July 28th 2007

    I am totally confused as to why it shows that since my I140 is approved since a long time .

    I have applied for 485 on June 29th 2007 and it reached USCIS TSC on July 2nd 2007.

    Does the LUD on my I140 have anything to do with my 485 Application ??

    Please advise ?


    My I-140 LUD changed to 07/22/2007. (My I-140 got approved in October 2005, I-485 got approved in July 2007).

    Looks like some kind of system maintenance.



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  • madhusrini
    05-31 04:58 PM
    Hi,

    My LABOR APPLICATION DATE : OCT 2001
    I-140 Approved : OCT 2004
    I140/I485 concurrently filled : APR 2004

    Currently have EAD and AP

    Status : Married : Adjustment of Status Pending for Both

    Did any body get their green cards because of the recent movement of eb3 dates.

    Srini





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  • wizkid732
    08-25 09:57 AM
    Anyone?

    Hi,
    I have been in this too long and want to decide if it makes any sense fighting anymore and anticipating the cards. Any advice is greatly appreciated

    I contacted the Senators office and the rep there made a query to USICS> this is the response she got.

    �This case is currently in an extended security review area."

    She then tried to contact this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time

    Any Advise?

    -Thanks



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  • agiyer
    02-06 05:31 PM
    Hello,
    I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
    A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
    But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?

    Thanks & Regards,
    Anand





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  • EADchallenged
    07-12 09:03 AM
    I agree with the previous post that most of the House conservatives are right now trying to fight the bigger evil in their eyes - illegal immigration. Yesterday, on Cavuto on Business (Fox News), Tom Tancredo was waxing eloquent on the fact that he favors legal immigration, how he was the grandson of Italian immigrants blah blah blah. But remember, it was these very people who had forced the EB provisions out from S.1932. However, if Tancredo has to make any impact on American politics and be a serious player, he has to take these tactical positions favoring legal immigration when the talk everywhere is illegal immigration.

    So what to take out of this? We should try and pin a lot of these "anti-immigrant" people down on their position on SKIL while they are trying to justify their position on illegal immigration, by saying they favor legal immigration. . I guess now is the time to act and get everyone to support SKIL, while they cannot appear to be inconsistent with their position on legal immigration.



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  • vikramy
    07-10 02:14 PM
    This is a client. My company gave a letter from immigration department saying EAD is a valid document to work. But their security team is just adamant saying they need valid visa & I94. So What helps me is some thing that says EAD is valid for legal employment or it is not legal to descriminate based on the status.

    I even have valid drivers licence etc. still they don't see it as valid.

    I 9 form does have i 766 as valid entry.





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  • nish
    10-07 11:41 AM
    Troll Alert.

    This is a Fake post. read word by word you will understand.

    Read all the posts by user nish. he/she is an anti immigrant.



    In one of the previous posts the same user tries to taint l1b visa holders.

    How could you say that I am anti immigrant? Here I have post this query to get suggestion from people and am not doing any anti immigrant things over here.

    I did post one of the query for L1 few month back..it does not mean i am anti immigrant

    how did you say about this?



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  • brij523
    02-17 08:33 AM
    I think I would like to see more post saying -

    1) I contacted my congress member or Senator. Have their commitment to support legal immigration.
    2) I send mail to XYX number of my friend to join IV. Some may join and some may ridicule. But as IV member you did the job. The new member could either contribute 5 minutes of time everyday to contact Senator, Congress member or contacting friend, contibute money or at least raise the membership of this forum. Remember we are putting time to help ourself not IV. Because I know after most of us get GC, we will move on with life and next generation IV member will continue the effort.
    3) I would like to see people in major city, launching a compaign to collect money. One of the idea which I think would be very useful is working with the Temple authority and selling food on some occasion. Some kind of arrangement should be made with Temple authority to get major part of sale collection to IV. This way we multiply our money. $20 can be easily made into $100 with some time from members.
    My limitation is - I am in a village. But I will do something. I would not let limitation stop me.

    GO IV TO SUPPORT YOURSELF NOT IV. I AM IN BECAUSE I AM AFFECTED.





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  • soarin3655
    04-08 02:41 PM
    US taxman gets after Indian-Americans - The Times of India (http://timesofindia.indiatimes.com/nri/news/US-taxman-gets-after-Indian-Americans/articleshow/7915510.cms)

    US taxman gets after Indian-Americans
    Chidanand Rajghatta, TNN | Apr 8, 2011, 09.40pm IST

    On Thursday, the US govt filed a petition with the court to allow the IRS to serve what is known as a "John Doe" summons on HSBC Bank.


    WASHINGTON: When you do a good deed, get a receipt, just in case heaven is like the IRS, goes the sagely tax advice in America. Some 9000 Indian-Americans are about to discover that tales of the dreaded Internal Revenue Service's omnipresence are not entirely exaggerated.

    While millions of Americans are sweating it out to file their tax returns before the April 15 deadline, Uncle Sam's taxman has zeroed in wealthy Indian-Americans suspected of using their native land to stash away undeclared money and evade taxes. Yes; while India has long believed its wealthy has stashed away money abroad, the wheel has turned a full circle. The US now says its Indian-American citizens are using India as a tax haven.

    In a surprising move that takes the American hunt for hidden money beyond the usual Swiss and Caribbean tax havens, the US Justice Department's civil tax division on Thursday asked a Federal Court's permission to force the London-based HSBC Bank to disclose names of thousands of wealthy Indian-American clients who it says maintain accounts with more than $ 100,000 in the bank's India branches -- ostensibly to hide it from the IRS taxman.

    In a 47-page statement filed before a San Francisco court, the IRS said there were 9,000 US residents of Indian-origin who had $100,000-minimum-balance accounts at HSBC India but that fewer than 1,400 had disclosed existence of their accounts. US laws require citizens to disclose any foreign account containing $10,000 or more.

    The US hunt for Indian-American tax evaders follows a case early this year when federal prosecutors nailed Vaibhav Dahake, a US citizen and an HSBC client for tax evasion by stashing money in India. According to documents filed with the government's petition, on Jan. 26, 2011, a grand jury in Newark, New Jersey, indicted Dahake, charging him with conspiracy to defraud the United States by using undeclared accounts in the British Virgin Islands and at HSBC India.

    According to those documents, employees of HSBC Holdings plc and its affiliates operating in the United States assured Dahake that accounts maintained in India would not be reported to the IRS.

    US authorities, attributing the information to HSBC's website, say that in 2002 HSBC India opened a "representative office" at an HSBC USA office in New York City to enable ''Non-Resident Indians'' (NRIs) living in the United States to open accounts in India. In 2007, HSBC India allegedly opened a second representative office at an HSBC USA office in Fremont, Calif., purportedly "to make banking transactions more convenient for the NRI community based in California." Although HSBC India closed those offices in June 2010, the government alleges that NRI clients may still access their accounts at HSBC India from the United States.

    According to the petition documents, NRI clients have told IRS investigators that HSBC's NRI representatives in the United States assured them that they could invest in accounts at HSBC India without paying US income tax on interest earned on the accounts and that HSBC would not report the income earned on the HSBC India accounts to the IRS.

    "The Department of Justice is committed to ensuring that all US taxpayers meet their obligations to declare and pay taxes on foreign bank accounts," John A. DiCicco, Principal Deputy Assistant Attorney General for the Justice Department's Tax Division, said in a statement. "The ability to hide accounts in foreign countries is rapidly dwindling. We will continue working hand-in-hand with the IRS to enforce the tax laws against those who are using offshore accounts � wherever they are located � to evade taxes."

    The IRS focus on India and Indian-Americans follows a campaign against undeclared offshore accounts held by US taxpayers, primarily in tax havens such as Switzerland and the Caribbean. In a landmark case in 2009, the IRS went after UBS AG for allowing U.S citizens hide their assets and evade taxes. UBS coughed up $780 million in fines, and more importantly, turned over some 4000 names in a precedent-setting case.

    "The IRS continues to focus its attention on international tax evasion," IRS Commissioner Douglas Shulman said on Thrusday about the HSBC India case. ''This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I've said all along, our international efforts are not about just one country or one bank � it's about our wider effort to ensure compliance with the nation's tax laws."

    Meanwhile, an HSBC spokesperson in New York told wire services that the bank has been engaged in a "constructive dialogue" with US authorities and hoped the issue can be resolved expeditiously. "HSBC does not condone tax evasion and fully supports the US efforts to promote appropriate payment of taxes by US taxpayers," spokeswoman Juanita Gutierrez said, adding that the bank complies with the law in all the jurisdictions and cooperates with requests from US authorities.



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  • hsd31
    03-20 10:18 PM
    Thanks for the replies... I will appreciate some more advise from other members on this situation.





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  • ilwaiting
    04-12 08:45 AM
    1st - Apply your PERM labor ASAP. If you are luckly and labor comes thru quickly before Dec'07 you could apply for 140 in Premium processing and once 140 is approved you would be eligible for 3yrs H1b extension irrespective when your labor was filed

    2nd - If your labor does not comes thru quickly you should try to recapture time lost on H1 when you were out of the country in the last 6 yrs. i.e Time spent out side US(vacation or business trips) can be recaptured. This might give you the 1 year required since labor so that you could file your H1b extension later.

    Contact a good attroney.

    Hi,

    I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!

    I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.

    Thanks!
    Keith



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  • lostinbeta
    10-05 03:05 AM
    Thank you Syko:)

    I love Photoshop. It is the only art program I have. I wish I could afford 3dsmax and/or Adobe Illustrator, but I dont think that is going to be happening anytime soon:(

    The Flash in the center is actually an easy effect to come up with without 3dsmax :P

    PS: Nice Sig :)





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  • veereddy
    04-14 12:09 PM
    Congratulations, enjoy freedom.



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  • matreen
    10-07 03:59 PM
    i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.

    wish you luck

    Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?

    Can we invoke AC21 on temp contracting job?

    As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?

    Thanks,
    Matt





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  • Almond
    11-11 05:29 PM
    Almond, even i used to think "so close and yet so far". but now have understood, i was never close to begin with...:(
    it is better to accept the reality than trying to live with fool's gold like i did for about 2-3 years...

    kartik, I am amazed by your priority date. Have you done infopass to see what the hold up is? Open the dictionary and you'll see us in the definition of "badluck" lol





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  • saint_2010
    09-17 04:41 PM
    although some of us could not make it to DC...we do acknowledge your's and other members of IV's efforts in making this rally a success in progress....





    pappu
    09-18 05:23 PM
    If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.

    Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.





    BharatPremi
    12-07 10:10 AM
    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.

    Yes, USCIS is a Jungle and not sweet