amoljak
03-24 09:30 AM
Read this thread:
http://immigrationvoice.org/forum/showthread.php?t=346
http://immigrationvoice.org/forum/showthread.php?t=346
cnag
07-11 01:37 PM
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
Assuming nothing happens,only the most optimistic of EB3-I will still be hanging around. All Others would have been long gone:rolleyes:
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
Assuming nothing happens,only the most optimistic of EB3-I will still be hanging around. All Others would have been long gone:rolleyes:
teky
03-25 11:31 PM
You can use follow to join to allow your wife to get an EAD after she finishes her waiver (If you have a GC by then and your PD is current). I am not sure if she can immediately file after her waiver. Any gurus please reply. Signing another contract in a waiver location is painful (after initial contract pf 3 yrs is over). Also if anybody can reply on how much time we can stay legally after the initial 3 years.
As far as issues, its a lenghty and a painful journey to a waiver job and clearance. Needs a lot of work. But once you r thru with getting a H-1b to start the job should be no issues.
Let me know if you need anything. Mine is EB3 PD-04/2002 India and still waiting.
Regards,
Teky.
As far as issues, its a lenghty and a painful journey to a waiver job and clearance. Needs a lot of work. But once you r thru with getting a H-1b to start the job should be no issues.
Let me know if you need anything. Mine is EB3 PD-04/2002 India and still waiting.
Regards,
Teky.
satishbsk
07-24 06:26 PM
I Contribute to IV and selected a wrong choice oppps
With PD Feb 07 ur lucky to file 485, so contribute one more recurring.:D
_____________
Contributed $ 280 so far $20 monthly.
With PD Feb 07 ur lucky to file 485, so contribute one more recurring.:D
_____________
Contributed $ 280 so far $20 monthly.
more...
a_yaja
02-26 11:40 AM
I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
Nozerd,
There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.
Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
Nozerd,
There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.
Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.
Junky
10-15 08:18 AM
Send you a PM. Please reply back at your earliest.
Thx
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
Thx
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
more...
gmail
12-21 12:31 PM
Hi,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
abq_gc
08-29 10:34 AM
A very good idea... Need people to start Bogging and writing these editorials..
Media attention towards the scam of USCIS is necessary..
Media attention towards the scam of USCIS is necessary..
more...
ashoka
09-25 12:38 PM
How do I see or get LUD for I140 ? Mine was approved in DEC, 2006. Applied 485 in August 2nd week. Will I also get LUD?
pfiction
08-06 08:11 PM
I saw a LUD on approved I-140 on 07/13. No LUD on 485 yet and waiting.
more...
jayleno
01-08 02:27 PM
I and my wife got our licences from Bridgeport, CT DMV in July 2008(till 2014). I'm on H-1 and my wife is using EAD. We chose to get the renewal based on pending I-485. All they needed regarding immigration was I-485 original reciept(they did not accept photo copies). Try a different DMV in CT and see, it could be that pirticular officer who may not be trainied properly. I had to argue with one officer at that time because he also was giving me a similar reason that they gave to you, and he was corrected by another person at the office, probably a more experienced one.
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
radhagd
02-22 09:54 AM
Hi Guys i need some advice/help on my I-140 denial.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
Same thing happened to my friend, in his case II40 is not denied but got Intent to deny they contacted sheila murthy and requested to consider in EB3and they got approved in 3 weeks. So I think in your case you apply Motion to reopen/appeal and request them to consider in EB3. I hope yours will be approved in EB3.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
Same thing happened to my friend, in his case II40 is not denied but got Intent to deny they contacted sheila murthy and requested to consider in EB3and they got approved in 3 weeks. So I think in your case you apply Motion to reopen/appeal and request them to consider in EB3. I hope yours will be approved in EB3.
more...
psaxena
06-25 02:33 PM
Please suggest the best time suitable for everyone for the conf call, today evening or tomorrow anytime.
Excellent initiative ! Let's do it !
Excellent initiative ! Let's do it !
thakkarbhav
11-17 09:17 AM
DMV stopped issuing DL based on EAD card in Virginia. I guess it will be same for TX and other states. You need original I485 receipt to get one year extensiton. EAD no more valid document for extension.
more...
lkapildev
03-20 05:34 PM
I heard one guy dies because of Kidney failure in Newdelhi on fasting infront of LoakShaba. He was remembered for few minutes. He got senseless and theytook him to nearby Hospital.
The reason is he was fasting even if without water.
You can do fasting with water & juice. Still some American say you are diating for me you are kind of fasting.
The reason is he was fasting even if without water.
You can do fasting with water & juice. Still some American say you are diating for me you are kind of fasting.
subarashi_indo
11-30 08:32 AM
I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
more...
smisachu
11-29 10:05 PM
Consult a lawer. But you better tell the truth. The system is such that they can dig in all records.
Templarian
07-20 10:04 PM
saxx it has no chance to beat flash. Its good in that it uses a very solid language backing. Its just not even remotely comparable to flash atm (its like flash 8 tbh if they were to be compared).
I have a good feeling once its further in development and MS has integrated all of DX10/DX11 support we will be seeing a lot more of it (probably because of a windows update).
Till then its just something to mess around with. Think of it more as a JAVA in your browser... everyone eventually will have it... but very few will use it.
I have a good feeling once its further in development and MS has integrated all of DX10/DX11 support we will be seeing a lot more of it (probably because of a windows update).
Till then its just something to mess around with. Think of it more as a JAVA in your browser... everyone eventually will have it... but very few will use it.
alterego
09-25 06:55 PM
This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.
My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.
I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!
My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.
I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!
vinabath
07-02 03:12 PM
Now the IV core agenda is brought to life USCIS.
USCIS, you are the god. You almost killed IV core agenda. Now you gave life to IV core agenda.
USCIS, you are the god. You almost killed IV core agenda. Now you gave life to IV core agenda.
martinvisalaw
06-12 04:40 PM
You can apply for an EAD with a pending 485. However, I would be conservative in saying that you are really eligible for this only if you can avail of 485 portability. If the I-140 has been approved and the 485 has been pending for 180 days, then you are portable. If the I-140 has not been approved, the employer could revoke the I-140 and cause the 485 to be denied. This would cause an immediate end to your work authorization and Advance Parole also.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left). This way you could get a H-1B visa at a consulate and return in that status if necessary.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left). This way you could get a H-1B visa at a consulate and return in that status if necessary.
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