Linggo, Hunyo 26, 2011

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  • Ramba
    08-07 08:31 PM
    Thanks. Yes, I am an Indian citizen.

    Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?

    ---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.

    In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

    ---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.


    If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

    My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.

    ---




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  • garamchai2go
    12-19 10:30 AM
    Do we have to carry all the Tax filing papers or just W2 is good enough?
    I am planning to go for stamping in Jan. Thanks in advance for the input.

    In my case they did not ask me any documents. They asked me about GC when applied, when I am travelling, etc., and that's all. It took less than 1 minute.

    I carried W-2 of last few years and last 2 pay-slips. Check consulate or vfs website and you might get pointers or mandatory docs. I recommend, take everything you have..just in case..




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  • ujjwal_p
    09-10 04:11 PM
    Most of you know about rear view mirror fuzzy dice cubes
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    Very neat. You know, I am not sure if this will translate into a real fuzzy dice campaign. At the very least, it provides good succinct talking points for us and IV Core to use when explaining what the issues are.




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  • punjabi
    09-29 01:02 PM
    My suggestion is don't ask for a referral for a good consulting company.

    If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.

    They do not have set standards. Even if they have some on papers, I have seen none so far who follows those.

    They say we will give you 90% of your share. They meet you with smiling face and they talk very politely. And when you ask the Work Order to confirm your rate, they very conveniently change the figure and fax it over to you. This is not an assumption, I have seen it happening before my eyes.

    And most of all, they do not feel any remorse or guilt at all.

    So, please look for your own. Be careful. Avoid the ones who smile constantly even while chewing the biggest burger on their plate. :-)

    Find an American company. They know their state laws and are afraid to commit anything against those.

    Good luck, my friend!



    Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand



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  • eb3_nepa
    02-18 11:17 AM
    Your reasoning is nearly correct. But you are missing Two points:
    1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
    2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.

    Am I making much sense ?

    My point here is:

    Now there is NO reason for the DOS to miscalculate or not know how many applications are out there for AOS.

    Someone mentioned that some BEC ppl were not able to apply for AOS coz their applications did not get released in time, that is a valid point. So maybe we should see one last backward movement if any and then it should be strictly forward movement. VERY SLOW movement i agree but forward movement.




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  • hebron
    06-23 08:25 AM
    Mine is the same company that applied for EB2 in the first place

    Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?

    Thanks.



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  • txh1b
    08-17 05:39 PM
    One looks like a PM position involving lot of admin stuff and the other sounds technical enough. May have problems using AC21.




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  • gc28262
    12-07 07:29 PM
    I have the same issue.

    Can see the status of I-485s online, but system doesn't even recognize my I-140 LIN#.
    Attorney says that this is fine. Asks to wait for few more months.
    :mad:



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  • xtronics
    11-02 10:26 AM
    Thanks Prashanti
    What is the approximate time for the perm labor to get approved in current situation? I know we can apply for premium processing for I-140. Premium processing is 3 months?
    Please let us know when you get a chance.




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  • hibworker
    12-21 11:57 AM
    Are there any fees that has to be paid when the amount is declared? And is this for visitors only?

    There is no fees for bringing foreign exchange into India. It is applicable to all passengers irrespective of their nationality or purpose of visit to India. However no import of Indian money is allowed by non resident Indians / foreign nationals. Indian residents can bring in up to Rs. 7.500.

    Wonder where I am getting these details? From Indian customs' site: Baggage Rules at a glance - CBEC (http://www.cbec.gov.in/travellers.htm)



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  • laksmi
    01-10 12:03 PM
    Based upon the situation AOS you can move to different employer without invoking AC21, if the employer may not revoke I-140, just continue to work with H1B if it is valid and make sure you are employed, if you get RFE from USCIS make sure you have good attorney to prove that you have moved to new company and there by invoking AC21, you may not get RFE this could be worst case situation.




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  • pragir
    07-16 04:35 PM
    Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?

    Is this possible?



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  • kittu1991
    09-09 01:28 PM
    I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?

    The fact that there is no approval and you don't know what they are going to do with your new perm application is the concern raised. As long as we are seeing any EB2 approvals for SW engineers how can we conclude that nothing has changed and everything will be so easy going. My sis has applied for perm in apr2008 and she got 3 RFEs to which she responded 6 months ago and still waiting.




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  • newhandle
    03-05 05:52 PM
    What I'm going to tell you to do is illegal. So do it at your own risk.

    I don't think USCIS is ever going to find out about your income unless you disclose it.

    Not filing tax returns is illegal no matter how small the income is. 5k is definitely big enough. I think you should go ahead and file tax returns atleast for 2009, so that you won't get into trouble with the IRS.

    This is just my opinion.

    My SSN and EID is tied to my business. I'm sure CIS has means to find out if they wanted to. Any other suggestions that don't involve lieing?



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  • ivar
    04-09 05:44 PM
    Good luck, atleast you are in EB2

    Thanks gcseeker.

    I am extremely happy that i am in EB2 :D . I filled one PERM in Mar 06 that was in EB2 and i also filed one in JUN 07 that was also in EB2 and now one more in EB2. :D :D :D (moral of the story, EB2 or EB3 or EB1 doesn't matter, what matters is destiny, if you are destined to get GC you will get it else no matter how much you apply you will always be in Queue)

    Thanks for your wishes, lets see how many PERMs i am going to apply before i complete my 6 years on H1b.




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  • ajay_hyd
    06-21 02:50 PM
    bob, i had no RFE's on my case.



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  • vamsi_poondla
    03-22 09:47 PM
    Thank you for your replies. I will try and see.




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  • eastwest
    03-15 06:45 PM
    What I understood from Ron's article:[LIST]
    Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.

    That was absolutely Hilarious...It takes an EB-3 to understand that statement.

    Awesome...




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  • qasleuth
    04-27 01:08 PM
    Maybe you should combine his/her statement with body language. Did the IO raise the eyebrows, smirk, frown etc and word-smith the statement. Was it 'pre-adjudicated' (past tense) or 'will be pre-adjudicated' (future tense) or something else. 'pre-adjudicated under review', first half is contradicting the second half of the statement. 'Pre-adjudicated' could mean everything is clear and waiting for a visa number. 'Under review' could mean something else...additional review ?

    Kidding apart, Your guess is as good as mine. Do not tie yourself up in knots. It is such a black box, you've been around these forums, nobody knows for sure, anybody can hazard a guess.




    manand24
    08-14 03:43 PM
    I am also a July 2nd 7:55 filer at NSC, signed for by R Williams. No receipts yet!


    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    WIFE
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending




    vin
    09-26 07:18 PM
    Congrats dude. make the most out of it!!



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