manand24
07-27 02:55 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.
Gurus, any body know how USCIS will process 485 applications?
If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.
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english_august
07-18 10:50 AM
Could someone from North Carolina please call Kristen Collins at 919-829-4881? She needs to get some reaction/quotes for the story on the new USCIS decision.
Please refer to this press release for talking points
http://www.prlog.org/10024482-skilled-workers-welcome-temporary-relief-by-us-immigration-agency.html
Please refer to this press release for talking points
http://www.prlog.org/10024482-skilled-workers-welcome-temporary-relief-by-us-immigration-agency.html
deafTunes123
06-14 07:43 PM
Income earned thru rent is considered as Un-Earned Income. All the un-earned income (i.e. that you get by not working) is not subject to social security taxes. But any income earned(working or stocks gain, house rent etc.,) is always considered as Income. Income( i.e. Earned or Un-earned) is always subject to tax as per IRS.
So many people who work for themselves (home based company owners) will write check themselves(company name to personal). So that when filing taxes, company taxes are tax deductible) and self income taxes are not subject to social security and Medicare taxes which is a good amount to save.
My 2 cents. This is best according to my knowledge. Consult a tax professional for accurate info.
So many people who work for themselves (home based company owners) will write check themselves(company name to personal). So that when filing taxes, company taxes are tax deductible) and self income taxes are not subject to social security and Medicare taxes which is a good amount to save.
My 2 cents. This is best according to my knowledge. Consult a tax professional for accurate info.
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palemguy
09-16 12:15 PM
I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?
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jcrajput
12-31 10:28 AM
Thank you.
smiledentist
06-22 12:47 AM
You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.
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uslegals
08-20 09:42 PM
GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!
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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.
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Madhuri
11-26 12:09 PM
Is it really possible to move back to H1 with a new company from EAD, in case 1> you have approved 140
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
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krishnam70
05-05 04:16 PM
I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
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nozerd
09-14 12:47 PM
When is the next lawyers call ? I wanted to ask a question but cant find any details. Please inform.
Thanks
Thanks
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chanduv23
09-15 06:41 PM
IV HAS PROVIDED YOU WITH THE VEHICLE - ALL YOU HAVE TO DO IS TO RIDE IT
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SITTING BACK AND DOING NOTHING - WILL DO NOTHING - YOU WILL KEEP GAZING AT USCIS UPDATES LIKE FRONTLOG, BACKLOG, BEC, PERM, ATLANTA PERM STUCK, FBI NAME CHECK ISSUE.....
RIDE THE IV VEHICLE AND BE A WINNER
YES WINNERS
SITTING BACK AND DOING NOTHING - WILL DO NOTHING - YOU WILL KEEP GAZING AT USCIS UPDATES LIKE FRONTLOG, BACKLOG, BEC, PERM, ATLANTA PERM STUCK, FBI NAME CHECK ISSUE.....
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geve
02-28 02:07 PM
Check this feedback. Very detailed and from one who gone through these steps.
http://www.zrox.net/Personal/moving.html
http://www.zrox.net/Personal/moving.html
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logiclife
07-23 11:11 AM
I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
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texanmom
11-05 10:14 AM
I know you are all out there....there was a stampede at the temple this Saturday during the Diwali mela and this Sunday at the Sugarland Diwali Festival....please join IV with just as much enthusiasm and we can work wonders!
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aamchimumbai
12-05 02:13 PM
Was your wife successful in getting an H1B visa stamped in her passport? If yes, could you please share your experience for the visa stamping interview/documents, etc. Your post will be helpful for some who plan to return on H1B/H4 (including me).
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
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swamy
03-25 10:19 AM
even corporate lawyers dont charge more than 750/1000 for individual cases so 2000 is ridiculously high. I would hire a lawyer if only to have a centralized database of my documents in case the govt comes poking around & have them respond ina timely fashion in the legalese thats designed to make no frickin sense to the general public-aliensincluded, but somehow makes the uscis officials climax i guess - btw, there a (confidential?) thread to disclose how much firms are charging
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cox
January 2nd, 2005, 06:27 PM
Hi Gary,
I don't do studio stuff, so I can't advise on lighting, and you already have a lot of expert advice there already :)
My observations are; I think the glass itself looks great, but the red ornaments in #2 are distracting. Obviously a matter of taste since jpreston likes them. The background, keeping in mind that you improvised, has horizontal folds that I found distracting. A piece of black velvet or similar material would fix that, and isn't too expensive if you stick to one or two. I think the backgrounds become expensive when you buy a variety and have the means to move them around quickly to increase paying studio throughput. I think both images look good in general.
I don't do studio stuff, so I can't advise on lighting, and you already have a lot of expert advice there already :)
My observations are; I think the glass itself looks great, but the red ornaments in #2 are distracting. Obviously a matter of taste since jpreston likes them. The background, keeping in mind that you improvised, has horizontal folds that I found distracting. A piece of black velvet or similar material would fix that, and isn't too expensive if you stick to one or two. I think the backgrounds become expensive when you buy a variety and have the means to move them around quickly to increase paying studio throughput. I think both images look good in general.
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abheja
08-25 03:40 PM
Thanks so much for your quick response. Yes, I am planning to start EB2 from scratch since there is no relief in EB3. So, I will have to convince the company to bear the cost :(
immilaw
09-14 02:23 PM
me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
I would go to Canada instead of Dubai.
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
I would go to Canada instead of Dubai.
axp817
06-15 05:00 PM
If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.
OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.
OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.
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