Sunday, July 3, 2011

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  • qualified_trash
    05-19 11:49 AM
    Immigration laws are a federal mandate. It does not matter where your lawyer is based...........

    Try to get a good lawyer. Where they are located should never be a consideration.





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  • theshiningsun
    06-15 09:38 PM
    hi attorneys,

    i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.

    now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?

    if i apply under EB-5 does that automatically cancel my current GC applied by my employer?

    while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)

    appreciate ur inputs. thx in advance,





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  • poorslumdog
    05-14 01:07 PM
    Hi,
    My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
    Your reply is greatly appreciated.

    Thank you!

    I am just asking for information...How you are moving to EB1 from EB2. Can you share with us...?





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  • Ann Ruben
    01-28 09:49 AM
    Because you remained in the US for more than a year after USCIS denied your change of status you are barred from entering the US for 10 years. However, you are entitled to apply for a waiver of this 10 year bar pursuant to �212(d)(3)(A) of the INA which, if granted, would enable you to obtain an L-2 visa and legally enter the US.

    If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.



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  • bigboy007
    11-01 11:46 AM
    bump ... any ideas please





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  • wandmaker
    05-12 01:00 PM
    I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.

    If the company pays for GC expenses directly, then it is an expense to the company, and it will not be reported on W2 as it is not a taxable benefit. However, if you are being reimbursed for GC expenses, *some* companies report this in paycheck as non-taxable income, again you will not be paying taxes to IRS on this. It is just a record keeping.



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  • Rockey
    02-29 01:37 PM
    Hello Gurus,
    I have a strange situation, request advice, suggestions and ideas from expertise...,

    My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
    Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.

    In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?

    or Do we have to say 'Yes' Mandatorily else will it create problems??

    Please show some light on this..

    Reg
    Rockey.





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  • freddyCR
    February 1st, 2005, 11:52 AM
    Well...I guess there are as many different opinions on that, as there are varieties of coffee. For me, it certainly is.

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  • fall2004us
    03-27 03:19 PM
    Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)

    lol :D





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  • solaris27
    02-03 10:03 AM
    you can do it yourself or take help from any tax consultant .



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  • Blog Feeds
    07-08 11:30 AM
    AILA Leadership Has Just Posted the Following:


    Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.

    The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.

    We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:

    It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:


    An economic analysis commissioned by the U.S. Chamber of Commerce
    concluded that the net societal costs of the program would be $10 billion a year
    � a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:


    A 2007 independent evaluation of the program commissioned by DHS found that
    the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
    the requirements for �accurate verification.�



    SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
    the databases were not improved, SSA database errors alone could result in 3.6
    million workers a year being misidentified as not authorized for employment.
    This would result in 6 out of every 100 workers having to visit an SSA office to
    correct their records or lose their job.

    It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:


    Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
    in nearly 13 percent of all workers being initially flagged as unauthorized for
    employment. All of these workers were cleared by Basic Pilot/E-Verify as
    work-authorized, but only after �significant investment of time and money�
    and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!

    https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)





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  • h1bdude1
    03-26 12:39 PM
    thank you for your reply.
    but i read somewhere that its better to send chest X-Ray Report with I-693 so that USCIS will not get any excuse to send RFE in the future.



    Physician will advise you if a chest X-Ray is needed.



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  • gparr
    November 14th, 2004, 07:18 PM
    While photographing in the Japanese garden in Portland, OR, I unintentionally captured most, if not all, of the stone lanterns that are dispersed throughout the grounds. Here are my three favorites. More in my gallery. Comments appreciated.
    Gary

    2 sec. at f/22 and 25mm using the EFS 18-55
    http://www.dphoto.us/forumphotos/data/500/153stonelantern5.jpg

    1/4 sec. at f/8 at 22mm using the EFS 18-55
    http://www.dphoto.us/forumphotos/data/500/153stonelantern4.jpg

    1/20 sec. at f/8 and 35mm using the EFS 18-55
    http://www.dphoto.us/forumphotos/data/500/153stonelantern1.jpg





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  • Ectheo
    04-08 12:45 PM
    Hmmm....Tool, APC, and In Flames....I like you. You know good music when you hear it.

    Nice stamps, btw.



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  • kevnss
    04-03 12:11 PM
    Great, thanks for the clarification.





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  • pa_arora
    11-07 07:25 PM
    That was an old news. Around 60000 visa's were pre-allocated to pending applications before July 2nd, 2007. I would be very surprised if the numbers are not much more than 18000 for India EB3. India used to get around 40-45 K visas per year for all EB categories before 2005 since the soft quota was introduced. All these numbers are avilable on USCIS website.
    How can India get more than its quota ie 9% per country limit??

    BTW, What is "soft quota"?



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  • acecupid
    03-13 01:58 PM
    Hi to all,
    I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?

    Have you read the 'About Us' section on ImmigrationVoice ? This forum is not for helping illegal immigrants. It is meant for legal immigrants and their issues.





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  • tabletpc
    12-01 11:35 AM
    Sorry to know u r situation. But remember not knowing rules is not an execuse with USCICS.

    1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?

    When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.


    2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?

    Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.

    USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.

    My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.

    Good luck





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  • factoryman
    06-21 05:43 PM
    My thinking was : I think it is small (citation and fine); so, you can ignore it.


    Thanks for reply
    How can I find was it for misdemeanor or battery or felony?





    10dulkar
    08-08 09:34 AM
    My company is paying all cost of GC. So they refused to file after July 2nd USCIS letter.





    rampaadh@hotmail.com
    04-25 07:27 PM
    My wife's green card was approved on Feb 27th. My wife is currently in India with valid Advance Parole. I received her green card during March 15th. I am planning to visit India during June and bringing my wife along with me. It will be almost 5 months when I come back on July 1st week.

    Will it create problem for my wife to re-enter to US? Since she has valid AP and GC card, can she enter without any problem? or does she need to come early since her GC was received ?