Wednesday, June 8, 2011

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  • ssksubash
    11-13 04:04 PM
    You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.


    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.





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  • Karthikthiru
    09-21 04:50 PM
    Look at this document. This should answer lot of questions regarding AC21

    http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

    Thanks
    Karthik





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  • sidbee
    01-05 10:59 PM
    Following is the Employee Agreement
    EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
    EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
    Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.


    So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
    What else he can do?
    Does this Agreement is Legal? It is specifically referring to Green Card.

    Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.





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  • desiron
    08-09 08:54 PM
    Thanks for the update... what a relief.

    Ron



    What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.

    We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.


    Update from Murthy.com

    USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)



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  • TomPlate
    01-09 10:20 AM
    Hi Guys
    I know somany experts in this Forum

    I am some problem becoz of desi company

    I am working for Company A I applied GC from Company B

    I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

    please help me

    I have problems which everybody can understand wht problems with desi company

    Let us assume you get an RFE and you give documents related to above, will the immigration officer think more on your case. This may have negative impacts on your application. I would rather say work for 5 to 8 months in the green card sponsor company and then leave.





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  • ita
    11-04 02:19 PM
    But I think it's thanks to CBN who pulled the consulate to Hyd when they were debating to have the consulate in Hyd or Bangalore. From what I know YSR govt just boomed up the realty prices but nothing else, though realty went up in other parts of the country too.

    PS: I'm not very sure if it was CBN who got the consulate to Hyd but just expressed my thoughts as we are talking about consulate/Hyd/how proud we should be etc in this thread.For those who know better or disagree with me please feel free to do so by posting in the thread but not by giving red/accompanying mssgs. These days I'm so cautious that unless absolutely sure I don't take any chances with posting on threads so as to avoid upsetting people even remotely. Felt it's been long since I've been easy on IV threads..so I'm posting on this thread :)

    Thank you.



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  • alex77
    09-26 01:22 AM
    If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.

    http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993





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  • maddipati1
    02-04 04:30 PM
    has anyone requested USCIS to send AP via Fedex/UPS?

    I am thinking of sending USCIS a Fedex return envelope so that they can use that instead of regular USPS mail.

    has anyone done this successfully?

    would help me a lot

    thanks



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  • JunRN
    12-17 06:59 PM
    What was your status when you filed? H1 or L1 or F1? Have you filed before and got rejected? Were you in deportation proceedings before?

    Is your PD current in June?





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  • alkg
    08-06 08:35 PM
    1% to 5% cases are listed in .

    Aug 6, 2008 @ 6:30PM EST:

    For EB2 chargeability India: So far in Aug we have 36 GC approvals listed in .

    TSC 34( cases) - 680(based on 5%) to 3400(based on 1%)
    NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)

    Aug 5, 2008 @ 5:00PM EST:

    For EB2 chargeability India: So far in Aug we have 25 GC approvals listed in .

    TSC 23( cases) - 460(based on 5%) to 2300(based on 1%)
    NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)

    What is does 1% to 5% means ?



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  • sugaur
    06-27 11:27 PM
    So its that easy to offend you, just put a picture of lord Ganesha on a beer bottle.
    I thought such chidishness was limited only to fanatical muslims.
    Have you ever seen south park/daily show/ colber report. They routine mock Jesus, and I dont hear anyone asking them to be banned.
    Personally, i think lord Ganesha would enjoy that beer, or as they call it, "Som Ras"





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  • GC_Wait2002
    07-14 12:43 PM
    bump:::confused:



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  • GreenCard4US
    08-31 03:59 AM
    I am in a similar situation but I had worked for the GC processing employer for 6 years but switched jobs before I applied for 485. Can I invoke AC21?





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  • manderson
    02-08 10:51 AM
    bump

    It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.



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  • sc3
    10-22 04:33 PM
    However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?

    I dont think USCIS collects I-9's. Companies just have the have them on record so that they can prove compliance when asked to do so. You should mail your lawyer about the situation and how you can get back on the H1 status (Don't just update the I-9 again without the lawyer advice).





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  • JEESEE
    05-11 01:29 PM
    Thanks bkshres.

    When last time we entered in USA in Feb 2009, We used our H1/H4 visa to enter even if we had our AP in hand. So Her I-94 will show H4 stamping.

    Will that make her ineligible for Applying for FAFSA?

    Thanks



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  • darslee
    07-11 01:35 AM
    and not lose focus ;)





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  • sc3
    09-25 02:10 PM
    Usually when a lawyer gets blacklisted, there's lots of chaos. The lawyer's new reputation spreads like wildfire and there's a lot of staff changed. A lot of clients fall out.

    In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.

    All of them told me the same story. Too many miracles, case got investigated, blacklisted.

    Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.

    Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.





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  • rajenk
    09-20 07:10 PM
    I am holding MCA with 10+ years experience. My degree got evaluated to be equivalent to MS in US.

    Just to let you know switching from EB3 to EB2 is not as simple as one would think. I assume you are aware of it.

    To switch you need to start from Labor and be careful with the job requirements. And then your educational qualification and work experience.

    Here are the EB2 minimum requirement.

    JOB should require minimum of Bachelors degree with 5 years experience or Masters with or without experience.

    Good luck.:)





    ImmigrationAnswerMan
    07-08 10:37 PM
    Anil:

    Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.

    You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.

    I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.





    jonty_11
    02-05 04:25 PM
    Sounds like another case of Consultancy Exploitation of Skiller Worker (CESW).
    If they are not showing the intent to deny letter, they may be want to prevent you from quitting the company and going elsewhere now that u have ur 3 yr H1B with you.....be mindful of that.



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