Thursday, June 9, 2011

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  • sachug22
    12-10 02:31 PM
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  • 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out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.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.




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  • cram
    09-22 01:08 AM
    I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.

    I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.

    I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?

    >>>bumping>>>




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  • pappu
    05-13 01:38 PM
    All these articles say we are hoping to get citizenship. I think this word raises more shackeles than saying getting green card. Cmon, we are only thinking GC now. Ctizinship after 5 years is somewhat of a time bound process.

    Why don these articles say we are waiting for GC. This atleast will be more palatable to the anti leagl immigration forces.More importanatly it refelects our true problem as of now.

    __________________________________________________ _________

    That is true. Also, a lot of people do not even want to go for citizenship. Greencard is sufficient for professionals to have freedom to live and work in USA. Citizenship is not something we are all seeking.



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  • lskreddy
    04-12 09:51 AM
    Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.

    If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.

    If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.




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  • Libra
    10-23 01:43 PM
    My I-140 pending over a year finally got approved. got an RFE a2p and replied on 4th of oct. approval date 22 oct.

    good luck guys.



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  • agupta_13
    04-22 07:32 PM
    I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
    When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below

    Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.

    Below is what is in the contract between my Employeer and Client.

    1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
    2. Contractor will be an independent contractor of Company and will work on a Client assignment.
    3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
    4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
    5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
    6. Contractor shall be solely responsible for the quality of work performed.
    7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
    8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
    9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
    10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
    11. This agreement is subject to the laws of the State of Texas.
    12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.

    Can any one tell if there is any possibility of that




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  • werc
    10-10 12:43 AM
    I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.


    How about H1B?

    If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?



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  • purgan
    09-19 11:28 AM
    Thanks for posting, manderson.

    The line "the group's efforts will be a test of the commonly expressed view that Americans are not opposed to immigration, only to illegal immigration" says it all.


    IV should consider adopting this as a byline...

    Also, pl.include this in the "IV in the News" section. I did not see it there..




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  • pmat
    02-15 11:20 AM
    There are 2 kinds of posts...(1) Which add value to the forum. Threads started for 401K, selecting a lawyer etc add value since they attract new members. (2) The second kind of posts are the ones initiated by people who want to ask questions. This questions tend to be serving individuals.

    I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows

    1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
    2. Anyone can post answers to existing threads.

    By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.


    Don't think that it would work... people will start asking questions in existing threads instead of initiating new threads for questions. So the number of irrelevant posts in threads will increase. I can't think of any way by which it can be enforced. Also, people who don't want to pay any money will easily find other free sites to ask their questions.



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  • mpadapa
    10-09 01:32 PM
    IMHO.. Its better to resolve the out-of-status issues before U file for 485. Please consult a good attorney.

    If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.




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  • vandanaverdia
    09-09 02:52 PM
    Just sent the details on email.



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  • InTheMoment
    04-25 12:23 PM
    Mail sent by CIS has a endorsment on their envelopes "Return Service Requested". USPS does NOT forward mail with such endorsements.

    Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately




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  • logiclife
    03-26 08:20 PM
    Working off the books is illegal ofcourse.

    Because firstly, you are breaking the immigration law by working on H4. Also you are breaking the tax laws by working off the books, since you dont pay taxes and the employer doesnt pay the payroll tax. And no one pays the medicare and social security tax that is supposed to be paid.

    Working without pay:

    A lot of H4s have asked that why cant we work as a volunteer where there is no pay. This might be a grey area and you may want to check with a lawyer before you work on H4 without pay. It could be legal but its really not that black and white.



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  • Raju
    10-16 12:25 PM
    I do not think USA is losing ground. If China and India thinks that they are Really improving economy Why can't they make their currencies free Trade? Why are they artifically Keeping exchange rates. The reason is if really a country is stronger then currency should go up and US dollar should become weaker. But India and Cannot sustain as the export business will go down for India and China if their currency becomes too strong. So India and China are looking for US and europe Market. So inter dependence is always there. There is lot of speculation that India will exceed US in 2020. But it is far from true. For stronger Indian economy India needs US Consumption. For that USA needs to be stronger. May be lot of human resources are there in india. But that will be also resolved in another 20 Years because still Inflow is more than return to india. 80% of H1s are Indians apart from lot of L1 people.
    Senthil,
    When people talk about currencies, they miss a very very important point. US dollar has an in-built protection that most asian currencies do not have. Do you know the fact that majority of countries in the world have their reserves saved up in dollars. A free fall in dollar is less likely because that is also going to deplete the value of reserves owned by each country. Asian currencies (read Indian, chinese) do not have that in-built protection. Hope you take that into consideration next time you talk about currency restrictions.




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  • maddipati1
    08-13 07:01 PM
    It makes predicting when our applicatios will be done a little harder :)


    what the hell r u trying to say :D



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  • hopefulgc
    07-13 11:46 AM
    kinda confused here..
    why do we need the rally.. if there is going to be some new that will resolve the issues?
    If its going to leave some issues unresolved.. the we need this.
    Go IV!!




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  • ajay
    07-25 08:18 PM
    Folks,

    What is the best and most cost effective way to send some money home ?

    Till last year I was using the service from icici and was under the belief that the exchange rate was pretty decent. the service I believe was never free as they make up for service fee though the exchange rate.

    Today for example when I check on icici it says they will give a rate of 47.63 per $ which I believe means around half a rupee less per $ ?
    so for $1000 they are essentially charging Rs 500 (aound $10)

    I beleive previously they were giving around 25 paise less per $ and now it looks like it is 50 paise less per dollor ?

    Western union charges $15 and also gives a lower exchange rate than icici.

    So would that mean ICICI isthe best cost effective one ?


    Ideas ?



    Thanks,
    Try SBI service: SBI Global Link Services - US (http://www.onlinesbi.com/glsus/#)




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  • bluez25
    07-16 01:58 AM
    i guess I am going to be in trouble in case I have to get a new PCC. I will try and get a new one when I reach India. Also update to my status is that chennai consulate has sent a letter to my local address in India about the interview appointment date.




    gxr
    10-02 09:44 AM
    Mine is EB3 with a RD of Oct 6.
    LUD was on Oct 26, 2006. No news after that. No RFEs as well.




    fuzzy logic
    07-01 12:47 PM
    I am in the same situation currently.

    My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.

    They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).

    Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?

    I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.

    I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!



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