aristotle
02-26 02:03 AM
If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??
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chanduv23
09-12 09:57 AM
Yes they do it. They do random google searches. Our issue is not resolved just because they are given directive not to use wikipedia, because they may use a lot of other resources on the internet.
iv_newbie_2007
06-16 10:06 PM
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.
----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.
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chanduv23
09-17 07:46 AM
Me sitting in Queens right now at home - waiting for wife to come back from her night duty at the hospital
I will be heading straight to work in New Jersey, later today afternoon, I will wrap up and few more dedicated volunteers will be joining me and we are car pooling to DC by late afternoon.
Will definitely try to make it to the reception
Come on dear folks - lets all make it to DC.
I will be heading straight to work in New Jersey, later today afternoon, I will wrap up and few more dedicated volunteers will be joining me and we are car pooling to DC by late afternoon.
Will definitely try to make it to the reception
Come on dear folks - lets all make it to DC.
more...
swarnapuri
03-31 08:49 PM
Congrats! Nice Job!
gcformeornot
02-03 02:14 PM
AILA/CBP Liaison Practice Alert : H-1B Admissions at Newark, NJ Airport
Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"
AILA CBP Liaison Committee Practice Alert
H-1B Admissions � Newark, New Jersey Airport
(2/2/2010)
The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.
After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.
In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.
During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).
Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.
In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.
Note the new fraud related language added to I-797 approval notices �
NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.
Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).
Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"
AILA CBP Liaison Committee Practice Alert
H-1B Admissions � Newark, New Jersey Airport
(2/2/2010)
The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.
After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.
In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.
During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).
Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.
In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.
Note the new fraud related language added to I-797 approval notices �
NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.
Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).
more...
vallabhu
11-30 10:51 AM
Thanks for your reply except for HR letter I think we sent all the mentioned documents for the first response and we are resending them back, My provisional says Mathematics and Marks list says Math may be officer got confused
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
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dixie
09-27 12:45 PM
http://www.amazon.com/Flight-Capital-Alarming-Americas-Brightest/dp/0891062025
This is an excellent book .. a must read for all those xenophobes, restrictionists and lawmakers who believe we steal american jobs.
Wonder if contacting the author David Heenan will be of any help ?
This is an excellent book .. a must read for all those xenophobes, restrictionists and lawmakers who believe we steal american jobs.
Wonder if contacting the author David Heenan will be of any help ?
more...
rockstart
09-12 10:08 AM
Point is not wikipedia or other site. They should be relying on information provided in proper legal format and not on some internet based site. Example if some one is working for Microsoft and if I google the keywords I might get some website which says how MS products are bad and how Bill Gates has stolen technology from XEROX etc. Which is all nonsense and no way concerns with the application in hand's of the IO. So they have the liberty to ask for more information where ever they need but they should not prejudice themselves by reading internet based information.
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yogeshmanohar
09-14 11:56 PM
A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.
more...
rayoflight
09-21 08:35 AM
AFAIK I do not think you cannot work once your EAD expires. You have to resign and start once your new EAD is issued. Ideally you need to apply for your EAD 120 days prior and CIS takes approximately around 90 days to send the renewal card.
Cheers,
Rayoflight
Cheers,
Rayoflight
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gcseeker2002
02-07 10:56 AM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
Oh NO, if this happens then it will close the last door on many people.
Oh NO, if this happens then it will close the last door on many people.
more...
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aadimanav
12-10 04:28 PM
Hi Everyone,
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
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Norristown
10-09 01:32 PM
I don't know many people are eagerly looking for Nov bulletine. I am almost done with looking for any hope in near future. Most of EB-2 guys might be following these bulletines. If there are some indications that dates are changing then we see lot of traffic on this forum , otherwise just like sleeping dog!
more...
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arihant
05-25 07:34 PM
There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
It was in Cornyn ammendment.
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
It was in Cornyn ammendment.
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nviren
03-07 07:42 PM
Pl. find here some more stuff about DOL/BEC and PERM.
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
Looks like BEC is on the radar of govt, but not on the priority.
Note the last line on the page. It says last updated in Jan 2006.
Funny that the DOL gets 42% marks for Program Results/Accountability and 100% marks on program management and 80% on Program Purpose & Design.
Find here some funding figures as well.
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
Looks like BEC is on the radar of govt, but not on the priority.
Note the last line on the page. It says last updated in Jan 2006.
Funny that the DOL gets 42% marks for Program Results/Accountability and 100% marks on program management and 80% on Program Purpose & Design.
Find here some funding figures as well.
more...
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ameryki
06-18 10:16 PM
I sent the following:
1) Confirmation Receipt of application
2) Copy of I 485 receipt
3) Front and back copy of current EAD card
4) A copy of the cut out that the current EAD came in
I don't think you need anything else. If you look at it theoretically I-94 and passport, drivers license has nothing to do with an EAD card approval or denial.
1) Confirmation Receipt of application
2) Copy of I 485 receipt
3) Front and back copy of current EAD card
4) A copy of the cut out that the current EAD came in
I don't think you need anything else. If you look at it theoretically I-94 and passport, drivers license has nothing to do with an EAD card approval or denial.
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whoever
12-13 12:33 PM
Try next time asking a question with all details so you are not misunderstood. It does not seem to me anyone is trying to scare you. What would they get anyway by scaring.
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dan19
08-28 03:16 PM
Thanks!
PD: Sept 2002
I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?
PD: Sept 2002
I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?
sweet_jungle
12-12 10:51 PM
Wife's EAD changed to "card production ordered", after a tiresome wait of almost 4 months. This was after 2 expedite faxes and 1 infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
Flash-Matic
10-28 10:38 PM
How much do you expect the "earnings" to be?
Dono depends how good we are togather and what we are doing but id like a decent amount
Dono depends how good we are togather and what we are doing but id like a decent amount
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