Tuesday, June 14, 2011

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  • sharadara
    09-01 12:05 AM
    Hi,
    Hoping to get your opinion on my situation.
    I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
    What are my options here? Some of the avenues I am exploring:
    a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
    b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
    c. Any other opinion

    I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
    Thanks very much for your help.
    - Sharada





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  • krishnam70
    02-20 07:55 PM
    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers

    You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.

    Consult your attorney immediately and do the needful

    good luck
    kris





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  • chanduv23
    07-15 06:47 AM
    They do seem to have influenced their politicians. But major impact is from people like Ron Hira, Lou Dobbs etc... these are propoganda specialists. They preach hatred among skilled immigrants and wrongfully inculcate hatred in minds of people.

    Offcourse Roy Beck and his organization also does the same think.

    SO BASICALLY KKK IS BACK AND OPERATES UNDER COVER OF NUMBERSUSA, IEEEUSA, PG ETC...





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  • anoopraj2010
    07-29 06:39 PM
    Ahem.. ? :confused:



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  • ss_79
    05-10 04:18 PM
    I sincerely think that the reason why various immigration agencies are getting away with 'doing nothing' for Legal immigrants is because media does not discuss the backlogs in the immigration system. If we can focus on some really shocking statistics....data...and request some reasonable media personnel to discuss and take up as a story...it would be more helpful than all flower campaigns...and other forms of protests. I wrote to Fareed Zakaria today and you can do so as well. We can try other famous personalities on CNN such as Soledad O�Brien. If you know anybody on the Fox News side who might sympathize and investigate the issue, try them as well. Every media and politicians bracket us in the same group as illegals or fraud H1Bs...that image needs to change before something can happen...its absolutely bizarre and immoral in my opinion when the head of DHS cannot go to congress and say that there is an unfair situation for Legal Immigrants from India/China in the immigration system and she needs temporary assistance in fixing the system. Sec of State and Head of DHS surely have the authority to refer an unfair situation in the congress for a temporary legislative solution until the CIR is addressed.





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  • Canadian_Dream
    01-18 05:01 PM
    The contrast correct, however the math behind is slightly wrong:

    Special Instructions :

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D

    So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.


    Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.

    Read below and find it yourselves

    A) What does it cost for average family of 3 for EAD and AP renewals?
    EAD Renewal Fees Form I-765 - $340
    AP - Renewal - $305
    Document Mailing/Correspondence - $ 30
    Photographs cost - $24
    ------------------------------------------
    Total per person - $699
    ------------------------------------------
    For 3 years, $2097/ person
    ------------------------------------------
    For 3 applicants in a family - $6291
    ------------------------------------------
    Driving Fees Renewal 3 times - $120 per family
    If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
    New I-9 forms to employer and all other mess $10
    Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.


    B) Contrast this with the effort to participate in the IV Campaign..
    Time that will take to write these letters - 30 minutes
    Stamp and Envelope Cost - $2


    Which is better? Red or Green. Do the math yourselves and see the truth.

    Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..

    Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
    Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595



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  • talash
    12-17 08:24 PM
    I was in kind of simmilar situation in April 08 .I found out online that my 140 /485 denied on april 18th .called my lawyer and statred counting days to find out why .Neither My attorney.employer or me got any denail notice till may 15 .meanwhile i had mad multiple call to NSC.finally I got denail notice on my home address thu it was supposed to go to attorney .Any was they asked for same things what they wanted from u .My employer was in process of audit but i had only 4 days to file MTR .
    Now answers to ur quiries
    1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
    2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
    I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
    Wish u luck





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  • mdcowboy
    04-28 05:48 PM
    Texas also planning to join the bandwagon..

    Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)

    I can already see a future where there would be a law that would demand all immigrants wear some kind of bar code (rfid) so that it would be easier for law enforcement to track them down. :eek:

    In regards to CIR..its all hogwash..my guess is that Dems are going to bring it on the floor and put up a masked brave fight to show that they at least tried to pass an immigration bill.



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  • vkkkk
    06-22 04:13 PM
    Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?
    fate rules everthing......dont think toomuch





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  • sunofeast_gc
    11-07 02:17 AM
    I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

    Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?

    if you don't inform in advance and incase your old employer inform them , who will get REF..... everthing seems unclear to me as far AC21 is concern...

    any authentic document on AC21 releated to job change and promotion?



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  • GCard_Dream
    04-23 02:50 PM
    Have you or someone you khow actually been able to get a copy of I-140 using G-639? If so when was that and what was the processing time?

    The reason I ask is because I have heard all kinds of stories about using FOIA to get a copy of I-140.
    - Some say that you can not only get I-140 but also copies of your labor cert and they have actually received it.

    - Some say that USCIS responded back saying that it was employer's property and hence can't be given to the employee.

    - Some say that it just takes too damn long (over a year) to be any meaningful.

    By the way, I just sent the G-639 myself couple of weeks ago. Will let you know if I was successful in getting a copy.

    To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
    Now a days it takes time. Almost 3 months.

    URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
    The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :

    -Any person has the right to request access to federal agency records or information.
    -All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
    -There are nine exemptions to the FOIA that protect certain records from disclosure.





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  • ItIsNotFunny
    12-08 11:15 PM
    If you believe me, just ignore and concentrate on real issues like Obama immigration panel, FOIA & AC21 action items.

    Gave you green, it that helps :).

    Somebody recently gave me a red dot for one of my posts, which is alright, but the person qualified it with a highly offensive Hindi expletive. The words are too obscene to be posted in open forum so I will refrain from reproducing them.

    I want IV to reveal the name of the culprit, and ban him/her immediately. Failing which, I will have to evaluate other options to seek redress.

    Needless to say, this whole dot mongering is seriously flawed and needs rethinking.



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  • desi3933
    06-10 01:26 PM
    Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?

    Can anyone send any link emphasising this Rule so that I can quote that to my employer?
    Any advice in this respect is highly appreciated. Thanks.


    Three things here -

    1. Your employer should have offered you one-way transportation ticket (its not air fare) to last known foreign address at the last day of employment.

    2. The employee is not eligible for this fare, if he/she decides to stay in USA.

    3. Since your last day on H1 was more than 60 days ago, it can't be termed as reasonable time to depart.

    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • mansour
    03-06 08:30 PM
    i voted for paddy duke :thumb:
    i can understand the concept, but i still didn't like the bottom part of mlkdave's site.

    btw paddy duke - it would've looked much better if you used the same pictures on (see, play, hear)



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  • Pagal
    09-07 11:58 AM
    Hello,

    Yes, I've seen similar situation with one of my friends...





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  • baburob2
    12-04 06:46 PM
    basically you have to maintain GC and then also abide by citizenship requirements. regarding the stay if you want to apply for citizenship after 5 years of getting GC you should physically be in US for 30 months (ie half of the 5 years) and no single travel outside of US should span more than 6 months (though under some circumstances you could counter travels between 6 months to 1 year).



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  • skark
    03-03 09:53 AM
    what am I missing here? other than the hassle of getting paper copies filled out/ printed and the advantage of getting a refund a few weeks earlier, what is the advantage of e-filing?

    Those are pretty desirable advantages plus there is a chance that your mail could be lost and there is no confirmation with paper filing!

    Anyway I efiled it and it was accepted as well. I had no response from IRS regarding the letter we sent about getting a new SSN!





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  • lostinbeta
    10-21 10:18 PM
    Um, I don't know anything about that. I just heard that he left because he wanted to do other stuff.

    Poofiness..... ummm..... airbrush tool :P





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  • syedajmal
    03-31 04:14 PM
    Speeding is a misdemeanor in some states and can cause a false alarm. Just recollect to see if you can recollect anything where you ran into the law even something minor??





    cfan666666
    06-22 03:10 PM
    http://www.uscis.gov/files/pressrele...ling062107.pdf

    Does this mean USCIS take it back?





    davehoover
    06-27 08:41 AM
    If you have your I 140 approved already. A# will appear on the approval notice.



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