Friday, June 10, 2011

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  • gc28262
    01-19 08:52 PM
    Democrats lost it already. Brown wins




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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out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.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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  • jonty_11
    02-12 02:09 PM
    citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.




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  • abqguy
    01-19 05:15 PM
    lmao :D



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  • ash27
    04-03 02:02 PM
    It is still not very clear if working with companies like TekSystems on EAD is fine using AC-21.

    This question has been asked before. However, I have not seen any specific answers regarding this. Any information will be appreciated.

    Thanks




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  • neogator
    01-19 05:17 PM
    If they were famous, popular, talented etc etc....wouldn't they be EB1 rather than EB3 .



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  • gcformeornot
    08-09 09:08 PM
    It has nothing to do with EB Immigration




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  • gccovet
    09-04 09:39 AM
    Hi,
    I apologize in advance if this has been discussed before.

    My case:
    Currently working on H1 with Company CURR, on 8th year of H1,

    H1 validity Dec 2009.
    I-140 approved > 180 days,
    I-485 filed > 180 days
    Currently have 2 year validity EAD.

    Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)

    Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.

    1. Will there be any effect to my GC process in case CURR Company revokes I-140?

    2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?

    I would appreciate any input on this matter. I need to take some decision very soon.

    Thank you all.

    Regards

    GCCovet



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  • Cardigan Welsh Corgi Poster


  • nandakumar
    09-07 01:50 PM
    I emailed my details.




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  • bigboy007
    12-10 03:33 PM
    Got the point thanks for all info. btw its the HR Department right which determines SOC ? How does it ensure Same/Similar SOC COde?



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  • chalamurariusa
    04-28 11:43 AM
    I have been trying to find out about this document mailed mystery.

    We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.

    On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be




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  • saravanaraj.sathya
    11-13 08:04 PM
    This is due to the change of address. The receipts which were returned to USCIS will be mailed back to your new address based on ur address from Ar-11 database. Nothing to worry. I had the same status and today I received the receipts which were returned back to them from my previous address.

    I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."

    She put in a service request for me and she some one is going to contact me in 30 business days.



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  • Corman#39;s World – Poster 2


  • gccovet
    08-22 03:09 PM
    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.

    The firm is trying to milk you. looks like better switch the lawyer, appears to be greedy.
    my 2 cents...
    GCCovet




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  • kpchal2
    03-03 11:06 AM
    thanks for the response. can you please post the result of the transfer

    also any one in the forum who had experience with the ac21 transfer +ve or negative can you please advise about your experiences. it is really a stressful situation with every thing being this way.



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  • leoindiano
    07-09 01:34 PM
    looks like TSC is the one worked so hard to drain 485 apps and taking rest now....:)




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  • eb3_nepa
    09-21 11:56 PM
    Call Harrisburg. They will be able to "expedite" the request.



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  • solaris27
    02-24 12:04 PM
    its depends ...

    my CPA deducted below expenses

    1) my and wife air ticket to india for visa stamping.
    2) All visa fees
    3) all hotel exp.
    4) All attorney and USCIS fees .


    but check with your CPA .




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  • Aah_GC
    06-19 07:51 PM
    If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).

    If anything try to negotiate your external title with your prospective employer.

    Good luck, can understand your frustration.




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  • JeffDG
    01-27 07:09 AM
    This bill is probably stuck in some committee and will not see the light!

    Everyone here is talking about the DV if eliminated would benefit the EB, does the FB have a say in it?

    The bill in question specifically allocates the 55,000 visas from the DV Lottery to EB visas.




    chi_shark
    03-11 11:06 AM
    I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
    Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.

    In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?

    i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...




    gcaspi
    01-23 03:50 PM
    Can someone tell me how the dates get opened by embassy..
    like they open slots for a month ...Like for the month of march do they open dates in Feb last week and we can make apts only for March something like that.

    Thanks in advance.



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