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  • cooler
    08-27 01:32 PM
    I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?

    Please respond.

    As mentioned in your other post. This should have no bearing on your status.

    Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?

    Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.





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  • ajay
    08-16 11:23 AM
    I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.

    - gchopes

    In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.





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  • abe1
    06-22 10:56 PM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.





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  • seahawks
    09-16 08:25 PM
    Yes, we are all looking forward for everyone to be here. YOU can make a difference. We are sitting in the situation room and loving every minute of it..Making new friends, being inspired by all the volunteers and their hard work. It is just a wonderful feeling to be part of history, come experience it yourself!!! You will never regret this..



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  • ajay
    08-16 11:23 AM
    I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.

    - gchopes

    In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.





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  • soarin3655
    04-08 02:41 PM
    US taxman gets after Indian-Americans - The Times of India (http://timesofindia.indiatimes.com/nri/news/US-taxman-gets-after-Indian-Americans/articleshow/7915510.cms)

    US taxman gets after Indian-Americans
    Chidanand Rajghatta, TNN | Apr 8, 2011, 09.40pm IST

    On Thursday, the US govt filed a petition with the court to allow the IRS to serve what is known as a "John Doe" summons on HSBC Bank.


    WASHINGTON: When you do a good deed, get a receipt, just in case heaven is like the IRS, goes the sagely tax advice in America. Some 9000 Indian-Americans are about to discover that tales of the dreaded Internal Revenue Service's omnipresence are not entirely exaggerated.

    While millions of Americans are sweating it out to file their tax returns before the April 15 deadline, Uncle Sam's taxman has zeroed in wealthy Indian-Americans suspected of using their native land to stash away undeclared money and evade taxes. Yes; while India has long believed its wealthy has stashed away money abroad, the wheel has turned a full circle. The US now says its Indian-American citizens are using India as a tax haven.

    In a surprising move that takes the American hunt for hidden money beyond the usual Swiss and Caribbean tax havens, the US Justice Department's civil tax division on Thursday asked a Federal Court's permission to force the London-based HSBC Bank to disclose names of thousands of wealthy Indian-American clients who it says maintain accounts with more than $ 100,000 in the bank's India branches -- ostensibly to hide it from the IRS taxman.

    In a 47-page statement filed before a San Francisco court, the IRS said there were 9,000 US residents of Indian-origin who had $100,000-minimum-balance accounts at HSBC India but that fewer than 1,400 had disclosed existence of their accounts. US laws require citizens to disclose any foreign account containing $10,000 or more.

    The US hunt for Indian-American tax evaders follows a case early this year when federal prosecutors nailed Vaibhav Dahake, a US citizen and an HSBC client for tax evasion by stashing money in India. According to documents filed with the government's petition, on Jan. 26, 2011, a grand jury in Newark, New Jersey, indicted Dahake, charging him with conspiracy to defraud the United States by using undeclared accounts in the British Virgin Islands and at HSBC India.

    According to those documents, employees of HSBC Holdings plc and its affiliates operating in the United States assured Dahake that accounts maintained in India would not be reported to the IRS.

    US authorities, attributing the information to HSBC's website, say that in 2002 HSBC India opened a "representative office" at an HSBC USA office in New York City to enable ''Non-Resident Indians'' (NRIs) living in the United States to open accounts in India. In 2007, HSBC India allegedly opened a second representative office at an HSBC USA office in Fremont, Calif., purportedly "to make banking transactions more convenient for the NRI community based in California." Although HSBC India closed those offices in June 2010, the government alleges that NRI clients may still access their accounts at HSBC India from the United States.

    According to the petition documents, NRI clients have told IRS investigators that HSBC's NRI representatives in the United States assured them that they could invest in accounts at HSBC India without paying US income tax on interest earned on the accounts and that HSBC would not report the income earned on the HSBC India accounts to the IRS.

    "The Department of Justice is committed to ensuring that all US taxpayers meet their obligations to declare and pay taxes on foreign bank accounts," John A. DiCicco, Principal Deputy Assistant Attorney General for the Justice Department's Tax Division, said in a statement. "The ability to hide accounts in foreign countries is rapidly dwindling. We will continue working hand-in-hand with the IRS to enforce the tax laws against those who are using offshore accounts � wherever they are located � to evade taxes."

    The IRS focus on India and Indian-Americans follows a campaign against undeclared offshore accounts held by US taxpayers, primarily in tax havens such as Switzerland and the Caribbean. In a landmark case in 2009, the IRS went after UBS AG for allowing U.S citizens hide their assets and evade taxes. UBS coughed up $780 million in fines, and more importantly, turned over some 4000 names in a precedent-setting case.

    "The IRS continues to focus its attention on international tax evasion," IRS Commissioner Douglas Shulman said on Thrusday about the HSBC India case. ''This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I've said all along, our international efforts are not about just one country or one bank � it's about our wider effort to ensure compliance with the nation's tax laws."

    Meanwhile, an HSBC spokesperson in New York told wire services that the bank has been engaged in a "constructive dialogue" with US authorities and hoped the issue can be resolved expeditiously. "HSBC does not condone tax evasion and fully supports the US efforts to promote appropriate payment of taxes by US taxpayers," spokeswoman Juanita Gutierrez said, adding that the bank complies with the law in all the jurisdictions and cooperates with requests from US authorities.



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  • saimrathi
    07-10 03:18 PM
    So USCIS will never see the flowers becoz they are boxed.. and they will never get delivered becoz they are being routed from the airport itself. No major news media covered the few deliveries at USCIS.. What was the point of the campaign again?

    For those of you who is interested in one line Q/A

    "Is the flower campaign working? Yes"

    "Are we good enough with what we have done? Not 100%"

    What happened

    We were at the loading dock by 10 30 am ( Delivery estimate was between 11 am and 1 pm) and DHL appeared to
    have already delivered around 50 boxes once around 9 am. All the flowers we sent are boxed . The visuals will
    be boxes and not flowers in the evening when the youtube video will be uploaded. UPS delivered nex. We got the
    video of the whole delivery and so did the CNN-IBN/Voice of America folks. There were around 30 boxes or so from
    UPS. Next Fedex delivered and there were around 10-15 boxes coming out. While we were doing the recording one of the
    officers politely told us not to capture federal buildings and we told them that we were only capturing the delivery of
    flowers. After this what ever truck was coming in, they were reversing and pushing back into the dock so that the
    delivery cannot be taped. CNN-IBN reporter asked for permission to go inside the loading dock and she was promptly
    denied any permission. Then We had a down pour for almost 20-30 minutes and we had to leave the place.
    It appears that the S&H dept now knows that most of the flowers are being delivered by DHL/UPS/FEDEX, they are taking
    care of the diversion at National airport it self.

    In the future if any one wants to do a flower campaign, Please select 2 local florists
    (only two florists, in that particular city) and have people call and place orders/online. That way
    we can talk with 2 florists and track their delivery easily for picture/video. Every one who tried to call
    FTD/proflowers had alot of trouble getting any thing out of them. Actually, we cant blame them because they
    are not doing it locally,instead they are putting their orders via national carriers.

    Where do we go from here

    If people really want to go out and get the main stream media attention, DC is the perfect choice. How ever,Don't plan on a weekend. If we do it right, we could be live on TV and the whole country will ask whats going on, along with the law makers. That will offer a platform for solving the issue at its roots.If you really want to do this, Dont come up with reasons like I dont have time off for a day or I have a project due. I can understand if 1 or 2% of our active members say it, but when 98% of our active members say that I can understand what it is. May be its time we figure out whether we prefer anonymity and pontifical verbatim on the online forum to expressing our concern/disappointment openly. Do not get offended and start flaming me. Just my thoughts.





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  • va_labor2002
    06-16 01:45 PM
    We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.

    Any comments from Core team ?


    If everybody can send a letter/FAX same day,they will definitely hear us and listen to the issue. Can we do that ?

    Any comments from Core team ?



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  • MCQ
    08-07 05:28 PM
    I should have added - I'm STILL employed by them - that's how smart and forward looking they are - been bought over twice, but same management is still in charge of my division and same attitude still prevails

    McQ





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  • reddymjm
    02-18 08:01 AM
    I filed back in June, 07. I got second FP notice for my wife. Nothing for me so far and I am primary applicant.

    Same for me. I even opened a SR. Got a reply saying FP on file. No need for another one.



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  • meridiani.planum
    05-05 12:26 AM
    I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
    Also what docs should be send after efiling, if any?

    rejected. Meaning they will return it with your filing fees:

    http://www.immigration-law.com/Archive%20XVI.html
    02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD

    * We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees





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  • Raj Iyer
    09-23 04:00 PM
    Omi:

    In that scenario, you must the start the process all over again if you leave the company. You can retain the priority date of the approved I-140 petition.



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  • kanakabyraju
    07-10 11:34 AM
    Hello,

    One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
    I think this is more of ignorance about EAD.

    Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.

    EAD Can not be a valid document to stay.





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  • whitecollarslave
    03-20 08:38 PM
    Why you wanna get arrested :D

    Can you explain how/why a peaceful rally and/or a fast will get somebody arrested?



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  • santosh_3000
    07-18 01:27 PM
    Friends .. Please reply/suggest as its very urgent to take decision. Thanks!!


    Hi,
    I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..

    Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.

    I need your valuable suggestions to make my decision, my questions are:

    1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???


    2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?

    3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???

    5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?

    Many Thanks in Advance!!





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  • widad2020
    08-11 09:21 AM
    Pd 5/2006 ; Eb2-I; I-140 Approved NSC



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  • insbaby
    11-12 03:05 PM
    As far as I know no need of another visa. The expiry date given by the IO at port of entry over rides the earlier expiry date on visa. One of my friends parent got his visa for 6 months. If the IO gives less than 6 months he can apply for extension how ever

    The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.

    When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.





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  • PD_Dec2002
    07-10 12:15 PM
    Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."


    Corrections.

    1. RK is no longer a member of AILA.

    2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".

    On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.

    Thanks,
    Jayant





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  • saloni
    04-13 06:39 PM
    I am derivative beneficiary and have a EAD card through my spouse who is also on H1B. I am currently on H1B and my own I-140 has an RFE.
    I am getting an opportunity to venture into an non-IT business.

    Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)

    Will I loose my H1B status as soon as I use EAD?

    I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.

    Please advise.





    eb3India
    04-09 12:47 PM
    President Bush is talking about CIR in Arizona, before the talk on MSNBC there was interesting discussion on whatz coming for CIR

    itz that time again guys I see this as a kickoff from whitehouse on STRIVE and immigration reform,

    will update here as it goes by,





    dixie
    10-02 04:33 PM
    The LC and I-140 petition are owned by your employer, just like your H1-B petition and can therefore be withdrawn at any time (if the advertised position no longer exists).
    I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?



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