humdesi
12-15 04:18 PM
Legalese was never my strong point. Which part says that EB-1 unused must go to EB-2 of same category, and then to EB-3?
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HV000
03-06 06:34 PM
For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.
You are in much better shape with >180 days in AOS. Can work in EAD if needed.
Don't worry.
Thanks grupak! I was able to use PTO with my employer..
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
You are in much better shape with >180 days in AOS. Can work in EAD if needed.
Don't worry.
Thanks grupak! I was able to use PTO with my employer..
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
USDream2Dust
04-18 02:19 PM
Isn't it a relief? if the officer calls you for interview, checks your documents and says approved but no GC till PD current? I can live happily with it for couple of years atleast without thinking of GC. The feeling of getting GC in future 100% is almost equal to having GC today. You can change jobs on AC21 without fear and use EAD and AP full force and forget about renewing H1b's
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espoir
12-13 10:03 AM
I concur with everyone in the thread. Its a hoax.
Look at the email address "usgreen-card.state.gov@portsmouth.usa.com"
US State Department doesn't send emails via ".com" domain
If it doesn't have ".gov" at the end of the email address, don't even bother to read the contents.
Look at the email address "usgreen-card.state.gov@portsmouth.usa.com"
US State Department doesn't send emails via ".com" domain
If it doesn't have ".gov" at the end of the email address, don't even bother to read the contents.
more...
abhishek101
02-08 11:43 AM
Hello guys,
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
1. You can walk to your local SSN office and ask them about the lockdown on SSN.
Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)
2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here
401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)
2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.
also r2i websites are great help.
Good Luck
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
1. You can walk to your local SSN office and ask them about the lockdown on SSN.
Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)
2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here
401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)
2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.
also r2i websites are great help.
Good Luck
pappu
08-23 04:41 PM
Q: Does everyone get fingerprinting notice?
A: No. Only those who apply for AOS. :)
A: No. Only those who apply for AOS. :)
more...
mbartosik
03-30 05:50 PM
Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
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amitjoey
07-18 03:43 PM
I am a GC holder now and there are many people like me who are also would like to continue to contribute some money from time to time. I will get in touch with all my friends to contribute something even after GC to fight this noble cause.
Thanks
I am sure, why not.
Thanks
I am sure, why not.
more...
voldemar
03-04 07:55 AM
--
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :pNobody wins. I would be glad if my company pays for it. Anyway it's good for me that I got this opportunity at least. And you are right, it's still counting. I'm renewing EAD every 9 months for 3 of us - 180 x 3 =540
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :pNobody wins. I would be glad if my company pays for it. Anyway it's good for me that I got this opportunity at least. And you are right, it's still counting. I'm renewing EAD every 9 months for 3 of us - 180 x 3 =540
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ZigZag
07-12 06:32 PM
my PD is April 2006, so i guess i would need to wait 1 year to get the dates moving, since it would be quite a huge backlog clearing up
any guesses when it would move next
It will move to Sep 06 or Dec 06 in the next bulletin for EB2-I, and March 2002 for EB3-I. Don't ask how I know this -- Ask Q
any guesses when it would move next
It will move to Sep 06 or Dec 06 in the next bulletin for EB2-I, and March 2002 for EB3-I. Don't ask how I know this -- Ask Q
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ps57002
07-23 12:28 PM
plz confirm regarding the totally diff name on BC. it was made a few days after birth. i guess i was renamed after astrological consultations. No name change registered. BC only has a 'first' (nickname i guess..it's not even my nickname)...lol i got switched at birth...kidding.
so i am getting original BC. I will get affadavits with line saying "she was known by nickname --- at birth" or somethng like that...
so i am getting original BC. I will get affadavits with line saying "she was known by nickname --- at birth" or somethng like that...
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skd
08-20 12:49 PM
I have not got Receipt yet...I don't know the status of check..as employer wrote the check
My I-140 which was already approved in April 2006...It's LUD got updated on 07/27/2007..I don't know what that mean
My I-140 which was already approved in April 2006...It's LUD got updated on 07/27/2007..I don't know what that mean
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rockstart
06-19 10:05 PM
Please post it for other people who are not part of state chapter
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beppenyc
05-26 07:47 AM
If is happen
Well,I am not really happy about Coryn and Kyle (who voted against) but is most important that Senator Session will be out from the delegation.
Well,I am not really happy about Coryn and Kyle (who voted against) but is most important that Senator Session will be out from the delegation.
more...
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arunmohan
06-25 01:21 PM
It is not taking more than 5 minutes. Please start sending and forward it your friends.
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Dhundhun
03-01 11:37 PM
When money is in excess of $10,000, there are several applicable rules.
~ It must be reported to treasury, it transfer in a year is more than $10,000.
~ It must be reported to treasury, at any time foreign bank account had money in excess of $10,000.
And of course:
~ Interest in foreign banks and earning in foreign stocks must be reported as income on US returns (any world-wide income).
There are many violations, and perhaps IRS is unable to chase defaulters. People enjoy defaulting and not reporting.
~ It must be reported to treasury, it transfer in a year is more than $10,000.
~ It must be reported to treasury, at any time foreign bank account had money in excess of $10,000.
And of course:
~ Interest in foreign banks and earning in foreign stocks must be reported as income on US returns (any world-wide income).
There are many violations, and perhaps IRS is unable to chase defaulters. People enjoy defaulting and not reporting.
more...
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Law Loving Alien
09-28 10:27 PM
Dude,
Nebraska is infact slower than Texas as far I-140/I485 goes. Checkout this link....http://www.murthy.com/news/n_nscexp.html
It says NSC is slower because they have extra VSC cases to deal with but would improve significantly once they are done with VSC cases in future.
My I-140/I-485 was filled in June 2006 too and its being processed in NSC. All we can do is wait and watch...
Nebraska is infact slower than Texas as far I-140/I485 goes. Checkout this link....http://www.murthy.com/news/n_nscexp.html
It says NSC is slower because they have extra VSC cases to deal with but would improve significantly once they are done with VSC cases in future.
My I-140/I-485 was filled in June 2006 too and its being processed in NSC. All we can do is wait and watch...
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ss_col
04-04 02:22 PM
To be frank, I was not aware of this loophole used by L1s so it came as a shock to me when I came to know of it. Anyways complaining will not take us far, action will. I will call my lawmakers. Does anyone have a list of lawmakers based on state or city.
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walking_dude
01-18 03:23 PM
Having 3 years EAD/AP and ability to refile AOS (in the worst case) is the best workable solution to an economic turndown and lay-off. Having a recapture done will also help many
IV already has this as part of the letters campaign. Everyone worried about recession, lay-off etc. must support IV campaign with full vigor.
IV already has this as part of the letters campaign. Everyone worried about recession, lay-off etc. must support IV campaign with full vigor.
texcan
08-13 11:30 PM
not offensive at all... in fact i welcome your suggestion.
btw.. i just started meditating today.. really works.
i guess analyzing these incidents is better than calling uscis.. which i am totally itching to do this week (one per week .. within my quota).
Good to see nice welcome gesture from you.
You did not earn red mark...my comments were more on humane side to not worry too much about anything.
You are right, we need to be cautious, lest things go wrong and feel sorry later. You (IV) all are doing great work. I love this site.
I fully agree with you we all are frustrated with this mess, but my idea is...For many things as many can go wrong....there will be equal if not more things turning right.
Off topic...here is a question for you, how does one becomes a member from junior member and so forth.
take care
btw.. i just started meditating today.. really works.
i guess analyzing these incidents is better than calling uscis.. which i am totally itching to do this week (one per week .. within my quota).
Good to see nice welcome gesture from you.
You did not earn red mark...my comments were more on humane side to not worry too much about anything.
You are right, we need to be cautious, lest things go wrong and feel sorry later. You (IV) all are doing great work. I love this site.
I fully agree with you we all are frustrated with this mess, but my idea is...For many things as many can go wrong....there will be equal if not more things turning right.
Off topic...here is a question for you, how does one becomes a member from junior member and so forth.
take care
Munna Bhai
10-16 04:22 PM
Unless you can play some smart games using an attorney, you cannot use an EAD to change job classifications as long as you are the primary applicant.
Wrong,you can use EAD for any job but when it comes to GC interview, you need to show that you have a job waiting based on LC.
Wrong,you can use EAD for any job but when it comes to GC interview, you need to show that you have a job waiting based on LC.
