guidance
02-25 11:46 AM
I am in same boat.
I have asked my attorney and she said, they will be going for COS from H1B to H4 and will produce leave of absence from OCT1, 2008 till date(no pay-stubs) and H4 will be based on my husbands H1b status and will produce his paystub and not mone.
Does it look right option?
I have asked my attorney and she said, they will be going for COS from H1B to H4 and will produce leave of absence from OCT1, 2008 till date(no pay-stubs) and H4 will be based on my husbands H1b status and will produce his paystub and not mone.
Does it look right option?
apoojo
08-24 02:01 AM
Thanks for the reply, hibworker.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
hiralal
06-26 10:12 PM
good initiative ..I am in ..something is better than nothing ..as the old saying says ..lets throw as many stones on the mango tree ..gaya tho pathar ..mila tho aam ..if you miss - you just lose a stone ..if you hit, you get a green mango (green card). ..cheers !!!
nozerd
02-25 03:55 PM
I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
more...
Raj_2009
01-14 07:50 PM
Dear Experts,
Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)
Questions :
1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.
2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).
4. Pl. let me know which situation I am in(overlap or Gap)?
Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.
Thanks and Regards,
Raj
Dear Experts,
Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)
Questions :
1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.
2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).
4. Pl. let me know which situation I am in(overlap or Gap)?
Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.
Thanks and Regards,
Raj
Hi Gurus,
I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in a senior systems engineer position. This is the typical AC21 case like everyone experienced.
Now My new company is ready to file green card
My Questions are ,
1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?
2. While filing EB2 for the same job that moved in to the new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?
3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?
Kindly answer these questions.
Thanks,
Raj
Hi Gurus,
I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in the senior systems engineer position. This is the typical AC21 case like everyone experienced.
Now My new company is ready to file green card
My Questions are ,
1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?
2. While filing EB2 for this new Job in this new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?
3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?
Kindly answer these questions.
Thanks,
Raj
Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)
Questions :
1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.
2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).
4. Pl. let me know which situation I am in(overlap or Gap)?
Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.
Thanks and Regards,
Raj
Dear Experts,
Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)
Questions :
1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.
2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).
4. Pl. let me know which situation I am in(overlap or Gap)?
Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.
Thanks and Regards,
Raj
Hi Gurus,
I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in a senior systems engineer position. This is the typical AC21 case like everyone experienced.
Now My new company is ready to file green card
My Questions are ,
1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?
2. While filing EB2 for the same job that moved in to the new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?
3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?
Kindly answer these questions.
Thanks,
Raj
Hi Gurus,
I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in the senior systems engineer position. This is the typical AC21 case like everyone experienced.
Now My new company is ready to file green card
My Questions are ,
1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?
2. While filing EB2 for this new Job in this new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?
3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?
Kindly answer these questions.
Thanks,
Raj
munnu77
09-03 03:37 PM
u can apply after u get ur H1 papers..
more...
qualified_trash
06-16 09:34 AM
why cant we set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators?
dixie
12-01 02:11 AM
The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.
more...
eyeopeners05@yahoo.com
04-30 01:26 PM
So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?
lostinbeta
10-05 04:08 AM
That sucks about the comp not being able to take it. I know what that is like all too well.
I have been using Photoshop since April 2001. I started with Photoshop 6 and now I have 7. It sometimes lags on me when I create large 1024x768 wallpaper images and such.
I have been using Photoshop since April 2001. I started with Photoshop 6 and now I have 7. It sometimes lags on me when I create large 1024x768 wallpaper images and such.
more...
redcard
09-27 07:49 PM
http://marketplace.publicradio.org/am.html
Dont see anything you mentioned about shortage of workers on Marketplace.
It would be great if we can get some support from David Heenan like Richard Florida.
Its just a thought,, maybe every IV member should buy this book and send it to their senator as a holiday gift..I am sure that most of these guys will not read it..but even 50% read or their staff read it, it will make an impact..
Dont see anything you mentioned about shortage of workers on Marketplace.
It would be great if we can get some support from David Heenan like Richard Florida.
Its just a thought,, maybe every IV member should buy this book and send it to their senator as a holiday gift..I am sure that most of these guys will not read it..but even 50% read or their staff read it, it will make an impact..
eb3_nepa
02-12 10:46 AM
Hi,
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
more...
bijualex29
05-26 06:51 AM
Analysis of Visa prediction if Bill passes in senate in current form
90,000 visas to clear backlog, 10% county limit.
9000 visas per country limit, India get 9000 visa (EB-1, will get additional 10000 visas ).
Can some one interpret the law whether unused visa will be spilled to oversubscribed countries?
Current law EB-2 and EB-3 only 40,000 visas for EB-2 and EB-3 out of 7% goes to each country 2800 visas for each country.
90,000 visas to clear backlog, 10% county limit.
9000 visas per country limit, India get 9000 visa (EB-1, will get additional 10000 visas ).
Can some one interpret the law whether unused visa will be spilled to oversubscribed countries?
Current law EB-2 and EB-3 only 40,000 visas for EB-2 and EB-3 out of 7% goes to each country 2800 visas for each country.
glus
11-06 02:34 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
She is not out of status. A person who filed I485 can not be out of status. Her status is "adjustee - AOS pending". Thanx.
She is not out of status. A person who filed I485 can not be out of status. Her status is "adjustee - AOS pending". Thanx.
more...
widad2020
07-17 05:47 PM
Congrats and Good Luck to all.Thanks
WeldonSprings
10-14 12:30 PM
I have a few questions on using AP-
1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.
2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?
3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?
Please let me know. Thanks in advance.
Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.
Yes you can file for AP your self, its as easy as filling out the form.
The stamps having nothing to do with the renewal.
1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.
2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?
3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?
Please let me know. Thanks in advance.
Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.
Yes you can file for AP your self, its as easy as filling out the form.
The stamps having nothing to do with the renewal.
more...
desi3933
02-26 01:20 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=2f719c7755cb9010VgnVCM10000045f3d6a1 ____
pappu
12-05 04:59 PM
BharatPremi,
No offense, but why have you opened 2 threads with very similar information and questions?
Your other thread about soft lud updates (http://immigrationvoice.org/forum/showthread.php?t=15916) is very similar to this one. It's one thing to not search for similar threads and quite another to open 2 similar threads on the same topic.
After about 28 threads about LUD updates during the July VB Fiasco, we know by now that the USCIS approves cases ad-hoc and not everything is FIFO. We also know that LUD updates mean ABSOLUTELY nothing. Suddenly we have seen older I-140s getting soft LUD updates. It means absolutely NOTHING. I know it is a bitter pill to swallow, coz ur heart is telling you that MAAAAYYBE there is something here, but unfortunately there is nothing there.
You are right. LUDs can be misleading and do not give accurate info on what is happening to the case. In the absence of info, people make do with whatever little info they can get. I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D
No offense, but why have you opened 2 threads with very similar information and questions?
Your other thread about soft lud updates (http://immigrationvoice.org/forum/showthread.php?t=15916) is very similar to this one. It's one thing to not search for similar threads and quite another to open 2 similar threads on the same topic.
After about 28 threads about LUD updates during the July VB Fiasco, we know by now that the USCIS approves cases ad-hoc and not everything is FIFO. We also know that LUD updates mean ABSOLUTELY nothing. Suddenly we have seen older I-140s getting soft LUD updates. It means absolutely NOTHING. I know it is a bitter pill to swallow, coz ur heart is telling you that MAAAAYYBE there is something here, but unfortunately there is nothing there.
You are right. LUDs can be misleading and do not give accurate info on what is happening to the case. In the absence of info, people make do with whatever little info they can get. I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D
snhn
11-06 11:55 AM
WEre there any LUD on your case before you all got them.
msp1976
05-19 10:12 PM
Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?
I had not read that one...If cornyn amdmt gets through we are in a good shape then...
I had not read that one...If cornyn amdmt gets through we are in a good shape then...
dealsnet
05-07 01:35 PM
Do not use some one's profile, if you want answer from any one. To make a new profile will take less than 10 minutes. If you don't have 10 minutes, then how other people spend their time to answer your questions. You want free advice, but you are not willing to join IV. This all shows the mindset of the people.
Any way using some one's username and password is highly illegal. Ask IV moderator for permission to use some body's account.
guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!
the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!
today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!
i cannot reveal my identity or share my personal information in a public forum other than my location which is India.
My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!
if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.
Any way using some one's username and password is highly illegal. Ask IV moderator for permission to use some body's account.
guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!
the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!
today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!
i cannot reveal my identity or share my personal information in a public forum other than my location which is India.
My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!
if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.
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