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  • smisachu
    11-06 09:38 AM
    Any one knows which Airline is good (Cost & Service) from Newark to Bangalore? I have flown AI with stop over in Bom, but would prefer something direct to Bangalore.

    Thanks





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  • optimist
    06-23 03:07 PM
    ...I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.

    Keeping immigration aside, if you think getting married will save you any headaches, you are setting yourself up for some big surprises buddy :D

    Jokes apart, indeed the fastest route to a GC is by applying as spouse of a US Citizen. If that is an option for you, GO FOR IT!





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  • Karthikthiru
    08-31 11:56 AM
    This poll results is from his viewers who are already biased against any sought of immigration. And to add this is not a scientific poll. Plus no one cares about his polls

    Karthik





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  • saileshdude
    10-11 01:47 PM
    First of all let me ask why you are trying to refile your LC and I-140 when you used AC21 and had filed AOS in July 2007. If your answer is just to renew H1 then that's really not worth. You could technically just renew H-1B based on I-485 receipt also. As long as you have AOS pending you should be able to renew H1. So not sure why you want to go through the hassle of refiling your GC



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  • acecupid
    09-06 08:33 PM
    Read something interesting on TOI..

    NRIs treated as Not Required Indians! - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/NRIs-treated-as-Not-Required-Indians/articleshow/4979439.cms)

    Indubhai Amin, a non-resident Indian (NRI) settled in the UK earns interest income of Rs 3 lakh on his non-resident ordinary account bank deposit in
    India in the current FY 2009-10. Enjoying his personal exemption limit of Rs 1.60 lakh and the eligible deduction of Rs 1 lakh u/s 80C, Amin is comfortable paying income tax of Rs 4,000 in the first slab of 10 per cent on his effective taxable income of Rs 40,000.

    Flat tax of 20% and 30%

    A huge shock awaits Amin and millions of NRIs, in regard to taxation of their interest and investment income and capital gains earned in India, proposed to be treated under the draft Direct Tax Code as "income from special sources."

    In 2011-12, on the same interest income of Rs 3 lakh, Amin will be required to pay a hefty tax of Rs 60,000 at the flat rate of 20 per cent, without being eligible to claim any basic exemption or other deduction, as provided under rule three of the First Schedule to the Code.

    Moreover, all capital gains earned by a non-resident will attract a flat tax of 30 per cent, irrespective of the amount of capital gains. While a resident Indian will be required to pay tax of Rs 3.84 lakh on his taxable income of Rs 25 lakh, an NRI earning equivalent capital gains will be called upon to pay almost double tax of Rs 7.5 lakh.

    Hair-raising drafting

    New section 13 (2) provides that such �special income� shall be computed in accordance with the provisions of the Ninth Schedule, the drafting of which is literally hair-raising. It provides that the amount of accrual or receipt shall be computed as the taxable income, and no loss, allowance or deduction shall be allowed, as the same shall be presumed to have been granted. The only exception in this regard, in respect of capital gains arising from the transfer of equity shares or units of equity oriented mutual fund chargeable to STT, is quite amusing, as it stands redundant in view of the proposal to abolish STT (a classic instance of incoherent drafting).

    The draftsman does not seem to have realized the harsh implications. It means that if an NRI sells a capital asset purchased for Rs 10 lakh at Rs 30 lakh, he will be required to pay tax of Rs 9 lakh at 30 per cent on the gross sale consideration of Rs 30 lakh without any deduction even for the cost of acquisition of Rs 10 lakh (not to mention any benefit of indexation on the same).

    Determination of residential status

    The residential status of an individual under the Code is proposed to be determined as per the current norms. However, the status of "not ordinarily resident" (NOR) is proposed to be eliminated. Despite the above, Clause 24 of the Sixth Schedule has still provided for exemption in respect of interest earned on foreign currency deposits in the case of NOR. Poor drafting indeed!

    The Code has proposed to retain the current exemptions availed by a non-resident in case of interest earned on NRE and FCNR deposits with banks.

    Special exemption for returning NRIs

    A useful exemption has been provided in case of income earned outside India, if it is not derived from a business controlled from India, in the financial year in which the returning NRI becomes an Indian resident and the immediately succeeding financial year. However, the benefit of the said exemption would be available, only if such individual was a non-resident for nine years immediately preceding the financial year in which he becomes a resident.

    Wealth-tax liability for NRIs

    Proposed Section 102 of the Code provides for wealth tax liability in the case of the value of all global assets of an individual or HUF. However, an exemption has been provided in case of the value of assets located outside India in case of an individual who is not a citizen of India or an individual or HUF not resident in India. Hence, while returning NRIs who are non-citizens will enjoy wealth-tax exemption for their overseas assets, NRIs with Indian citizenship becoming residents will attract wealth-tax liability on such assets held abroad.

    Illogical exemption under wealth-tax

    Talking about wealth tax, the Code prescribes an exemption in respect of any house or plot of land belonging to an individual or HUF, if it is acquired before April 1, 2000. It is difficult to understand the logic as to why this exemption has been denied in all cases where such immovable property is acquired after March 31, 2000!

    Proposals That Will Hurt the Global Indian Sentiment

    Flat Rate of Tax

    20% flat tax on interest & other investment income
    30% flat tax on all capital gains
    Apart from 20% & 30% TDS on above, TDS at a baffling rate of 35% prescribed on all residual income

    No Personal Exemption

    No personal exemption or deduction allowed in computing the above income treated as �income from special sources�.

    Weird Interpretation

    Poor drafting leads to such a weird interpretation that transfer of a capital asset may attract 30% tax on gross sale consideration.

    What Discrimination!

    Ironical but true! Non-Indian sportspersons, say Ricky Ponting or Shoaib Akhtar, required to pay a concessional tax of 10% on their game, advertisement and column earnings in India, thus enjoying a more privileged tax status than our own sons of the soil living abroad.





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  • savitri.bhave
    07-05 08:52 PM
    This is a very basic question and I need answer on this as early as possible and guidance from you.

    I came to this country in Dec 2001 on H1B Visa.

    I never applied for green card since then.

    Now on Dec1,2007 my H1B expires so I will have to go back to China.

    If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?

    Am I even eligible to do so?

    Can I go to Canada and still work in USA (Since I live close to canadian border)?



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  • vparam
    05-26 02:16 AM
    The first round was victorious. Hopefully the second and third round does not take out the hard victory QGA & Staffers of various Senators & the Senators have got us.

    Thanks to all QGA & Staffers of various Senators & the Senators .

    I was wondering if a webfax thanking QGA & Staffers of various Senators & the Senators could be set up. like in the lines of how AILA does where based on zip code an appropriate thank you or disappointment fax is sent.





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  • chanduv23
    03-04 11:04 AM
    Dear IV Lawyers,
    First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.

    We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.

    i - 9 form clearly says that one cannot discriminate against EAD.

    At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
    A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.

    My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.

    My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.

    Your suggestions and comments are appreciated.



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  • fromnaija
    12-03 04:09 PM
    With due respect to Prashanthi, I don't think the OP aged out of his I-485. Since his parent submitted their and his I-485 in 2007 (that is before he turned 21), his application is protected under CSPA. In fact with respect to EB, once the I-485 is submitted and then the PD retrogresses, the child's age is locked in and the application will be approved whenever the PD becomes current again.

    See page 3 of this document:

    http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf


    Visa Availability Date Regression
    If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.


    It's risky for the OP to go out of the US while his application is pending. However, it can be done if he has advance parole. He will have to return each year to renew his AP. If this is a risk you are willing to take, you could go but be aware of this.





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  • sammyb
    10-19 04:54 PM
    if you want to pay $100, it is easy. lesser amount is very difficult. I went through pain of using my banks online bill pay. It took me an hour to set it up. And couple of days back I received an email saying the bill has been returned - probably because it is more than 90 days!

    I lost valuable time , IV lost some donation.

    I am not sure why paying less than $100 has been made so difficult.

    if you ask me I would feel comfortable to contribute a varying amount of donation every month ... at present we have pre-determined donation option ... which I feel sometime deter people from contributing ... unless we have some issue from the service providers, can go for a user entered donation option along with the existing pre-determined options ...



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  • widad2020
    07-17 04:58 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    This is what I am seeing in Aug bulletin.Does this mean are July dates current.Pls help





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  • GCwaitforever
    09-12 08:15 PM
    Unpaid vacation is acceptable. Consultants working on hourly basis do not get paid when they do not work. As long as you come on top of prevailing wage rate and the annual salary quoted on the LCA at the end of the year, it does not matter. USCIS understands that you need a vacation too and can not work like a machine throughout the year.



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  • hitpauler
    04-21 01:04 PM
    Wandmaker,

    In my case, one namecheck is cleared by IO, which I presume includes both electronic and manual namechecks, in case if the electronic one shows something on the radar. However what I am unable to understand why the second namecheck, when all the steps were done to clear the first namecheck





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  • skd
    06-03 02:48 AM
    This came up to my mind : In senate there was voting on whether to bring immigration bill or not on to table , voting is around 60+ - 30+ , now these 30+ are sure they are going to reject it atleast with 90% confidence. we need to target the remaining 60 more compared to 30 who are already against to senate bill. This is very imp i dont know how to gather those details any help please ?
    I agree with bigboy007 that we should only focus on INTRESTED senators/congressman



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  • waitforgc1
    05-07 03:34 PM
    They are not random. The do have some logic.

    At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.

    THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
    and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD

    Thanks





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  • thomachan72
    05-13 10:43 AM
    Hi Michael, just curious. Are you doing this alone? Don't have an attorney? I am not suggesting you should have one but just curious. If only we could all do this without hiring attorneys.
    Most of my friends who belong to countries with PD current are doing it themselves. They are surprised when I tell them that I use an attorney.



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  • meridiani.planum
    04-06 02:24 AM
    I believe the general line of thought is any time between 6 to 12 months.

    But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.

    But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !

    there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.





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  • tnite
    06-18 08:56 PM
    Is the visa number the red colored number on the visa stamp or something else?

    thanks
    \yes it is the red colored number on the visa stamp





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  • Queen Josephine
    June 20th, 2005, 02:45 PM
    Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!

    I'll post it tonight when I get home from work.

    EAD Expiring; 245k rule? --- Urgent help! [Archive] - Immigration Voice

    View Full Version : EAD Expiring; 245k rule? --- Urgent help!






    glus
    07-18 07:30 PM
    Hi Gurus,
    I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..

    OK, not to scare anyone, but per recent uscis update, all applications must be submitted with initial evidence in it. This announcement was effective starting on Jun18t. In I485, the employment letter is part of initial evidence. As per new rules, an IO can deny any application without RFE if the initial evidence is missing.

    See this document, and read part "initial evidence requirements" paragraph 2 which sates an application can be denied withou RFE if initial evidence is missing.
    File direct from the USCIS site
    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    My attorney was very thorough and prepared the initial evidence well.





    snhn
    04-13 11:58 AM
    Hello,


    I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.

    My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was

    sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.

    I cam to know about it because it says on my I129 application. It basically says that I am

    not eligible to extend my stay in the US therefore have to travel outside the country. My

    wife petition,, well all she received was a letter from INS stating that her H4 application

    can not be renewed because of my petition. I also states on that the H1B petitionore has a

    criminal recore which is inadmissible in US. the only criminal record I have is some

    traffic violations and a DWI from 2000.

    Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been

    able to travel out 2 times. I have never tried to get the visa extension in Pakistan

    before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension

    approved last year. They never said anything abou that. I hav not been involved in

    anything else either.

    none of the conversation my lawyer has had with them, it does not specify what the criminal

    record they are talkin g about. I have even talke to INS about it and they dont know either.




    One other question. Can I still work even thought my visa is not extended per say. INS only

    send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.

    What are your thaughts.

    Am I illegal right now.

    Thanks!

    N