thomachan72
11-04 04:02 PM
In this scenario, you can apply for H1 extension with Company B using approved I140 of company A.
So hypothetically:
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
So hypothetically:
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
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sunny1000
11-29 08:15 PM
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
Just out of curiosity, how can they issue intent to deny to an approved 140?
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
Just out of curiosity, how can they issue intent to deny to an approved 140?
mnkaushik
03-12 08:01 AM
As far as I know, one is only required to file taxes on foreign accounts if they have $10000 or more in their accounts at any time during the financial year. Please correct me if I am wrong. Also, check: Report of Foreign Bank and Financial Accounts (FBAR) (http://www.irs.gov/businesses/small/article/0,,id=148849,00.html)
One is supposed report tax even if they make a dollar but they dont need to fill out the FBAR form if the value of all accounts put together is less than 10K.
Even i started including it my tax last year and did my FBAR form. NRE account will not be TDS only NRO accounts have TDS. Infact, you dont have to pay IT in India for NRE accounts. Thats the reason people from Middle East put their money in NRE accounts.
For 200$ they will not come after you. It is small pickings. I think you should include while filing your taxes and depending upon how much you have in the accounts you may or may not file FBAR. Remember it is all your accounts that inlcudes any savings account, mutual fund accounts, post office etc. If you have paid any tax in India then you could potentially show that in your US tax and get credit for that. I personally have not done it because my income is less than the initial tax slab in india.
One is supposed report tax even if they make a dollar but they dont need to fill out the FBAR form if the value of all accounts put together is less than 10K.
Even i started including it my tax last year and did my FBAR form. NRE account will not be TDS only NRO accounts have TDS. Infact, you dont have to pay IT in India for NRE accounts. Thats the reason people from Middle East put their money in NRE accounts.
For 200$ they will not come after you. It is small pickings. I think you should include while filing your taxes and depending upon how much you have in the accounts you may or may not file FBAR. Remember it is all your accounts that inlcudes any savings account, mutual fund accounts, post office etc. If you have paid any tax in India then you could potentially show that in your US tax and get credit for that. I personally have not done it because my income is less than the initial tax slab in india.
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sgX05
02-11 05:05 PM
No i haven't moved at all. Been living in Ca the whole time.
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uslegals
12-21 09:56 AM
Any advice is appreciated.!
thanks!
thanks!
anandrajesh
03-30 03:13 PM
I was interviewed by National Public Radio(NPR) recently abt the whole immigration stuff. This can be heard on the following link
http://marketplace.publicradio.org/shows/2006/03/09/PM200603098.html
My 2 cents worth of thought, that has reached the National Audience. Getting Media Attention is pretty important with this fight.
http://marketplace.publicradio.org/shows/2006/03/09/PM200603098.html
My 2 cents worth of thought, that has reached the National Audience. Getting Media Attention is pretty important with this fight.
more...
chanduv23
10-09 06:54 AM
We have some excellent volunteers from Long Island and we would want more activity from this area.
Please volunteer for local meetings. PM me if you are interested, I will drive over to your place if we can gather enough crowd and do a meeting
Please volunteer for local meetings. PM me if you are interested, I will drive over to your place if we can gather enough crowd and do a meeting
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glus
02-05 02:16 PM
This rule is NOT yet in place. Please be careful when posting such messages. This 45-day rule was barely proposed. The bottom line is that if your I140 with the old priority date was approved and not canceled due to mispresentation or froud, you can port the old priority date when applying for the new I140.
G
G
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gc26
02-05 02:09 PM
Does the 45 day limit on being able to use a LC mean that priority dates from an approved LC and I-140 can no longer be ported when the GC process is started again through a new employer ?
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gc_chahiye
07-22 11:47 AM
Generally just filing an H1 extension is orthogonal to filng I-485. However in your case it looks like your I-94 has expired, so to prove your status your lawyer needs to include a copy of your H1 extension receipt
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actionAction
07-07 03:33 PM
Sorry, I was thinking C++. I will post back with more thoughts
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coopheal
12-09 07:31 AM
Bump
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saurin
02-10 01:26 PM
Thanks a lot, Ann.
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neelu
09-16 12:26 AM
Thank you, Roseball.
I will take an Infopass appointment as well. Do you think it is better to take the appointment in October when my date is current (going by the RIR PD)?
By the way, I only have a photocopy of my approved I-140 notices (according to company attorney, it is owned by the company). Hope that suffices.
Also, does the IO have the power to update my case? I thought they only give out information (if in the mood that is :)).
You can also try and get an InfoPass appointment at the local USCIS office and check with an IO during the appointment what PD is assigned to your pending I-485. If its not the old RIR PD which is current, then you can hand them over a copy of your old I-140 approval notice and ask them to link it to your pending I-485. I would advise you to take an InfoPass and verify this information yourself.
I will take an Infopass appointment as well. Do you think it is better to take the appointment in October when my date is current (going by the RIR PD)?
By the way, I only have a photocopy of my approved I-140 notices (according to company attorney, it is owned by the company). Hope that suffices.
Also, does the IO have the power to update my case? I thought they only give out information (if in the mood that is :)).
You can also try and get an InfoPass appointment at the local USCIS office and check with an IO during the appointment what PD is assigned to your pending I-485. If its not the old RIR PD which is current, then you can hand them over a copy of your old I-140 approval notice and ask them to link it to your pending I-485. I would advise you to take an InfoPass and verify this information yourself.
more...
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tnite
11-07 09:59 AM
Mine rec date is july 2nd and notice date july 27th. Have got EAD, but not AP yet. Though I noticed two LUDs on my AP, 10/24 and 10/25
I received mine on Nov 3 and my ND is Sep 8.The surprising thing is my AP was approved & mailed out on Oct 31 based on LUD whereas on the AP it is Oct 10 (expires on Oct 9,2008 )which means I received the AP for 11 months and not for a yr.
See my signature for more details.
I received mine on Nov 3 and my ND is Sep 8.The surprising thing is my AP was approved & mailed out on Oct 31 based on LUD whereas on the AP it is Oct 10 (expires on Oct 9,2008 )which means I received the AP for 11 months and not for a yr.
See my signature for more details.
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lifestrikes
03-10 10:09 AM
Nightly News: U.S. losing immigrant brainpower - Business - Consumer news - U.S. business - msnbc.com (http://www.msnbc.msn.com/id/41894670/ns/business-consumer_news/)
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looivy
11-12 05:06 PM
How early do I need to apply to get an appointment at vancouver or Toronto or Mexico?
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
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Saralayar
09-09 10:39 AM
There is ATA (American Telugu Association) too and they have a convention in New Jersey this weekend.
ATA and TANA are big orgs but most of them are ABCD and USA citizens and I aam not sure to what extent we can get help from them.
The key to our solutions lies in us. Ours is a big community, but a very few people spend time and money and energy on working towards our goals and always want others to fix our issues
Most of the members even don't care about us. All are well settled citizens. One more thing, there is lot of group politics in those organizations. This also needs to be taken into account...
ATA and TANA are big orgs but most of them are ABCD and USA citizens and I aam not sure to what extent we can get help from them.
The key to our solutions lies in us. Ours is a big community, but a very few people spend time and money and energy on working towards our goals and always want others to fix our issues
Most of the members even don't care about us. All are well settled citizens. One more thing, there is lot of group politics in those organizations. This also needs to be taken into account...
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miguy
06-29 10:45 AM
Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?
gcisadawg
04-16 09:34 AM
Hello Attorney,
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
nozerd
02-01 12:59 PM
At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
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