bfadlia
03-15 01:31 PM
^^^^
Hermione
10-02 12:45 PM
According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.
Again this is only my opinion. I might be wrong.:)
What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).
The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.
Again this is only my opinion. I might be wrong.:)
What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).
The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.
gc28262
04-28 09:12 PM
I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
saimrathi
07-23 03:43 PM
UPS says Delivered at 7.30am on 7/2/07 signed for by Hindera..
Although I dont know what the point of this thread is... as someone said, please keep all tracking to one thread or ..
Although I dont know what the point of this thread is... as someone said, please keep all tracking to one thread or ..
more...
anilsal
10-10 02:00 PM
You got your GC.
chanduv23
06-19 12:05 PM
Story of my life :D
Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!
My dad who was here in 70s on a GC is now here after 35+ years on a tourist visa. He had a gettogether with all his friends of his time those who came here with him and we figured out that most of their children are ABCD and not doing that big or great but do carry tons of attitude towards people like us. I am glad that I am not like them, if I was born here, I would have grown as a ABCD and I am glad I am not, offocurse, the interesting thing to watch would be how our children turn out to be :)
Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!
My dad who was here in 70s on a GC is now here after 35+ years on a tourist visa. He had a gettogether with all his friends of his time those who came here with him and we figured out that most of their children are ABCD and not doing that big or great but do carry tons of attitude towards people like us. I am glad that I am not like them, if I was born here, I would have grown as a ABCD and I am glad I am not, offocurse, the interesting thing to watch would be how our children turn out to be :)
more...
forgerator
08-20 02:07 PM
https://www.nvars.com/Production/userhome.aspx
Seems like NVARS has introduced a new process which is supposed to be more streamlined for getting appointment online but I am not sure of some of it's verbage.
We want to ensure that applicants already in the scheduling process are not negatively impacted by the change. In order to ensure you receive the visa services you have paid for, please review the guidance below regarding transition timetables.
* Applicants who have already scheduled an appointment at a U.S. consulate on or after September 1, 2010 through NVARS:
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010 and bring your Scotiabank receipt with you to your appointment. If you have not already scheduled an appointment, we recommend that you wait until September 1, 2010 or later to pay the MRV fee and register through the new service.
I highlighted the text in bold. My appointment is scheduled for Vancouver on Sept 8. What does this mean to me? Will I need to be physically in Canada prior to September 1, to be able to go to a Scotia bank and make payment there? This is insane. I still haven't gotten my canadian visa stamped on my passport so I can enter Canada.
Anyone aware of this or impacted by this?
Seems like NVARS has introduced a new process which is supposed to be more streamlined for getting appointment online but I am not sure of some of it's verbage.
We want to ensure that applicants already in the scheduling process are not negatively impacted by the change. In order to ensure you receive the visa services you have paid for, please review the guidance below regarding transition timetables.
* Applicants who have already scheduled an appointment at a U.S. consulate on or after September 1, 2010 through NVARS:
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010 and bring your Scotiabank receipt with you to your appointment. If you have not already scheduled an appointment, we recommend that you wait until September 1, 2010 or later to pay the MRV fee and register through the new service.
I highlighted the text in bold. My appointment is scheduled for Vancouver on Sept 8. What does this mean to me? Will I need to be physically in Canada prior to September 1, to be able to go to a Scotia bank and make payment there? This is insane. I still haven't gotten my canadian visa stamped on my passport so I can enter Canada.
Anyone aware of this or impacted by this?
Bpositive
10-06 08:00 PM
I just read about someone in San Fernando who killed his family and himself because he didn't have a job.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
more...
voldemar
02-13 03:40 PM
I am seriously thing 2-3-4-5 years!You are so optimistic ;)
Hey Ram GC
05-05 05:33 PM
I did try to change the title, but can not. In the body, i did, but main page, i can not.
BUT I can wish about EB3- India to be current soon
BUT I can wish about EB3- India to be current soon
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kate123
11-14 09:07 AM
Do not worry I was in similar situation last year and my ex employer was from NJ.. I Complained to DOL and they made him to pay me...
Regarding the experience letter ... I saw in other forums that you can get experience letter from your colleques or Peers who worked with you...
let me know if you have any questions!!
Regarding the experience letter ... I saw in other forums that you can get experience letter from your colleques or Peers who worked with you...
let me know if you have any questions!!
SNLive999
06-11 05:46 PM
Hello,
I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.
SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???
1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )
2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)
3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.
Thank you for letting me know.
I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.
SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???
1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )
2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)
3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.
Thank you for letting me know.
more...
roseball
03-29 08:43 PM
I got the RFE notification in the mail yesterday and here is the RFE info:
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
gconmymind
08-15 02:13 PM
The whole non-compete agreement is a cruel joke on the employee who finds his own project. All these incapable bad desi employers ban the employee from joining the client whom the employee got them in the first place.
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....
more...
delhirocks
07-14 10:14 AM
Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.
What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world
To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai
not to mention great food...korean bbq anyone
What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world
To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai
not to mention great food...korean bbq anyone
GcInLimbo
02-10 01:34 PM
The following link from immigration.com forums might give you some mental relief. As every one else said report to DOL if you were not paid.
DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)
DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)
more...
dreamgc_real
06-18 09:52 AM
how does the eb3 to eb2 interfiling work?
kumarc123
03-03 12:07 PM
Hello there,
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
LondonTown
05-23 12:21 PM
Only one application is needed.
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
sweet_jungle
10-06 12:08 AM
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
prabhu07
05-21 11:44 AM
@gcformeornot - Thanks for the reply. Its my current employer who has applied for H1 as my L1 is maxing out, so, I am not in a total rush to change employers.
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)