
Bpositive
01-02 10:41 AM
Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...
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Maverick5
08-26 05:20 PM
Thanks for your reply. As I am applying for LC with Software Engineer, and my Masters is in Mech Engg, I have asked my employer to put "Computer Science, Engineering (Any), Math or Related" in the majors required for the position.
I am hoping that Engineering (Any) would cover for Mech Engg.
I am hoping that Engineering (Any) would cover for Mech Engg.

ns007
06-15 11:13 AM
3yr.
1yr extension rule kicks-in after 6yr.
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
1yr extension rule kicks-in after 6yr.
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
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eb3_nepa
02-22 05:57 PM
Hello everyone,
I have a question abt the recent contributions. Of late i have seen a SHARP drop in contributions. Have we reached a plateau now, or are the contributions not updated live?
Also i have a question abt what the agreement is with QGA. Do they do nothing till we pay the $200k or do they do things in installments (like our immigration lawyers ;)). A lot of non members, but possibly potential contributors keep asking me abt the same. If the board can answer this question i would appreciate it. If you do not want to post that info on here, please send me a Private Message.
I have a question abt the recent contributions. Of late i have seen a SHARP drop in contributions. Have we reached a plateau now, or are the contributions not updated live?
Also i have a question abt what the agreement is with QGA. Do they do nothing till we pay the $200k or do they do things in installments (like our immigration lawyers ;)). A lot of non members, but possibly potential contributors keep asking me abt the same. If the board can answer this question i would appreciate it. If you do not want to post that info on here, please send me a Private Message.
more...

youngindia
06-08 01:27 AM
Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.

kirupa
06-07 01:42 AM
Never heard of this contest??
You mean, you missed out on the Get out the Stamp and Rock the Stamp campaigns? It was ALL over cable TV :P
faster - in one week.
You mean, you missed out on the Get out the Stamp and Rock the Stamp campaigns? It was ALL over cable TV :P
faster - in one week.
more...

sunny1000
06-11 05:35 PM
Is there reason you say that I cannot port the PD ...? Please explain.
Arun
I should have been clearer in my post. I meant the I-140 itself and not the PD. Please ignore mine as there are better answers. Thanks.
Arun
I should have been clearer in my post. I meant the I-140 itself and not the PD. Please ignore mine as there are better answers. Thanks.
2010 LIL WAYNE#39;S NEW MUGSHOT →

chanduv23
09-10 07:54 AM
Though there are companies that do have ethics - most of these people have exploited their employees and continue to behave unethically - they drive expensive cars and behave with arrogance on face of their employees who are working hard and earning for these cayotes.
These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.
As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.
IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.
I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.
I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.
Write blogs, make all this visible.
These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.
As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.
IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.
I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.
I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.
Write blogs, make all this visible.
more...

ssreenu
04-13 01:15 PM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
The answer to a simple question of whether you can work in a different country when you hold H1B is "YES".
Tax laws hold good for expats(people working outside USA) meaning the same rules would apply if you are living in one sate and working in another state (within the USA). Even in USA, LCA should be filed in every state that you are going to work(no exception), most of the H1 extensions get rejected because of LCA not filed at the client location. I am sure one will have check the tax laws even when you are working out of state(forget about out of country) and if you don't follow the tax laws you will be in a soup when IRS finds it out. Remember to take "Tax Breaks" when you claim expenses. You have to take a 21 business days break within the first year and 6 months break before the 2 years end and the cycle will be reset for Tax breaks. You have to be legally present in the USA to get your H1B extended. Attorneys are the best people to advise on the legal implications.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
The answer to a simple question of whether you can work in a different country when you hold H1B is "YES".
Tax laws hold good for expats(people working outside USA) meaning the same rules would apply if you are living in one sate and working in another state (within the USA). Even in USA, LCA should be filed in every state that you are going to work(no exception), most of the H1 extensions get rejected because of LCA not filed at the client location. I am sure one will have check the tax laws even when you are working out of state(forget about out of country) and if you don't follow the tax laws you will be in a soup when IRS finds it out. Remember to take "Tax Breaks" when you claim expenses. You have to take a 21 business days break within the first year and 6 months break before the 2 years end and the cycle will be reset for Tax breaks. You have to be legally present in the USA to get your H1B extended. Attorneys are the best people to advise on the legal implications.
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reno_john
06-11 11:48 AM
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
:mad:
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
:mad:
more...

STAmisha
11-15 12:42 PM
You dont need a new H1 to come back to USA from Canada.All you need it is a valid I-94 and I-797. Dont surrender the I-94 at the border. This rule is called automatic revalidation rule.
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dazed378
04-07 09:41 PM
A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
more...
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drona
08-31 12:47 AM
Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!
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lecter
March 15th, 2004, 05:18 PM
Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
Gary
gee they'd want to be close.
Gary
gee they'd want to be close.
more...
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gcseeker2002
02-20 03:16 PM
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
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vegi_hyd@yahoo.com
06-07 09:55 AM
I would (and did) send to the address on the confirmation page. If you search for other forums on EAD filing recently, that is what is also recommended there
Thanks JackisBack.
Thanks JackisBack.
more...
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gccube
04-21 03:19 PM
Congratulations on getting your GC !!!
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
last summer. The only two LUDs I have noticed on my I-485 are
1. 8/22/2007 :: This is after my FP
2. 04/21/2008 (Today) :: This is after my I-485 is approved.
I have not noticed an LUD even late last night.
Interestingly, the TSC processing dates have moved to June 29 2007 in the newly released processing times and my RD (06/21/2007) fall with in this period. So my approval could be a result of the progressed processing dates for this month.
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
last summer. The only two LUDs I have noticed on my I-485 are
1. 8/22/2007 :: This is after my FP
2. 04/21/2008 (Today) :: This is after my I-485 is approved.
I have not noticed an LUD even late last night.
Interestingly, the TSC processing dates have moved to June 29 2007 in the newly released processing times and my RD (06/21/2007) fall with in this period. So my approval could be a result of the progressed processing dates for this month.
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shortchanged
08-03 06:43 PM
From my experience None of these issues matter.
I had I 140 approved in 02/06, no A# on the approval notice.But before approval, I had an RFE on this I-140, with an A#, on that notice, the same A# I had used for I-485 application form.But when I got the I-797 NOA for this AOS, it had a different A#,(July2 '07filer).
When I did not get reciept even by August 16'07, I filed a 2nd I-485, eventhough many people including Ms.Murthy advised againt it.I just did not want to miss out the window of opportunity of July Fiasco.
So I have 2 485s pending,I did finger printing for the July2 filing, never got FP notice for the second filing.My wife and son did FP for both I-485s.
I too was worried about these things, and was expecting RFEs on all these and medicals etc.
But on 8/1/08, I have got CRIS email with 3 messages for Card Production Ordered for me ,my wife and son. I still do not know what shall I do with the 2nd 485.Also I have appointment for FP for efiled EADs on 8/5/08, which I may not go at all, if I get the snail mail tomorrow.
As usual there is no logic, pattern, predictability, rhyme or reason with USCIS business.I am just relieved for now that most of my major worries are on pause for now.
I had I 140 approved in 02/06, no A# on the approval notice.But before approval, I had an RFE on this I-140, with an A#, on that notice, the same A# I had used for I-485 application form.But when I got the I-797 NOA for this AOS, it had a different A#,(July2 '07filer).
When I did not get reciept even by August 16'07, I filed a 2nd I-485, eventhough many people including Ms.Murthy advised againt it.I just did not want to miss out the window of opportunity of July Fiasco.
So I have 2 485s pending,I did finger printing for the July2 filing, never got FP notice for the second filing.My wife and son did FP for both I-485s.
I too was worried about these things, and was expecting RFEs on all these and medicals etc.
But on 8/1/08, I have got CRIS email with 3 messages for Card Production Ordered for me ,my wife and son. I still do not know what shall I do with the 2nd 485.Also I have appointment for FP for efiled EADs on 8/5/08, which I may not go at all, if I get the snail mail tomorrow.
As usual there is no logic, pattern, predictability, rhyme or reason with USCIS business.I am just relieved for now that most of my major worries are on pause for now.
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baburob2
02-16 01:17 PM
Hi Logiclife
The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.
The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.
dentist1
03-09 01:07 PM
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
digital2k
08-03 06:25 PM
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