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  • GCAmigo
    04-30 02:05 PM
    reality 'bites'.. I said 'drowned' .. so there is no 'saving' from 'drowning' in this case.. what you mentioned applies to people who are still afloat clinging on for dear life..

    P.S. just continuing the thread for fun.. no offence meant.. you are welcome to ignore my comment..





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  • answers_seeker
    07-18 10:25 AM
    Guys,
    Can any one explain his comments,

    "We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

    Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
    Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?

    Greg's blog is referring to the very few applications that when filed to TSC were not accepted (as opposed to accepting and then sending it back). NSC as far as I can see has been holding onto applications all the time. Even in the worst case that they return after the 17 th of august by mistake, we can send it back since the original application was returned in error as per the revised visa bulletin.

    This VB fiasco has made us all a little bit too paranoid I guess :)





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  • Marphad
    11-19 07:57 AM
    I-485

    TSC --- June 27, 2007
    NSC --- July 05, 2007

    :mad:

    Does this make a difference when retrogression is not moving?





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  • java4yogi
    09-03 04:12 PM
    We have the 797 approval with us now. I'll try to checkout if we can apply for the SSN.

    Thanks a lot guys for responding so quickly.



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  • amsgc
    11-26 01:34 AM
    Cygnet,

    There is no such thing as a transfer - every petition is a new petition.
    In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.

    Hello Friends,

    I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.

    My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.

    Thank you.





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  • darslee
    07-17 07:29 PM
    And I second that...it couldn't have been easy to backtrack with grace...:)



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  • ujjwal_p
    06-05 11:23 PM
    I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.

    Does this mean both the employer and employee get their separate copies of I-140? I assumed only the employer/lawyer gets to have the actual I-140 approval.





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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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  • sidbee
    03-17 10:43 AM
    Add you wife , 2 weeks before she comes, IE if she is coming on 16th may add her on 1st may.
    pay some extra premium.

    wouldn't that be common sense....





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  • GCSOON-Ihope
    11-07 01:16 PM
    Dude, Consulting Business mean making profit out of consulting and you are one of the tool for them....

    Everybody is a tool to any business, no matter how you look at the situation.



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  • vjkypally
    01-24 12:30 PM
    I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.

    My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).

    Please advise





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  • TexasGC2011
    04-07 04:46 PM
    Hello!
    I was trying to use the Free Conference Call service to ask a question to the lawyer but was informed that the access code 388991 is incorrect. Has it been changed? If so, can someone provide the new code.

    Thank you very much for providing this invaluable service to the entire community.
    -Raji



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  • saileshdude
    09-03 06:09 PM
    I am not sure what the basis would be to issue an RFE. The SR is created based on Customer Service representatives recommendation. The first level rep themselves suggest that we open SR if we call to find out the status of the case. I just opened SR for my spouse. Lot of people from Jul/Aug opened SR but very few got RFE.

    It may not help in anyway but that's different.




    My friend said that opening an SR could lead to a higher probability for an RFE. Is that the case? I know it is not possible to scientifically prove it but is there any anecdotal evidence of it?





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  • EB3_SEP04
    06-30 09:21 AM
    If I were you, I would decide office by Receipt Number EAC/LIN

    Thanks Johnamit, my EAD card # starts with "WAC" which is for "California service Center"



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  • smartboy75
    11-05 01:35 PM
    hey gcseeked2002...

    There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....





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  • munshiviral
    10-26 01:26 AM
    Hi,

    I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?

    Will there be any limit on how long can I work from out side of US, if I can?

    is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?

    Any help is appriciated,

    Thanks,

    Mickey



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  • martinvisalaw
    06-29 10:30 AM
    Thank you so much Elaine for your quick response..

    So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..

    Your H-1B stays valid for as long as it is approved, even if you enter using AP.





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  • akhilmahajan
    06-27 12:08 PM
    Can you please share your recept date?
    Thanks a lot.





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  • peacocklover
    10-25 04:20 PM
    Situation: approved I-140 (EB-2), getting close to 5th year of H1B.

    questions:
    1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
    2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
    3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?

    thanks.
    learner

    I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...

    1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.

    2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.

    3. Yes, You can.

    Please let me know if you have any concerns.





    div_bell_2003
    03-04 08:09 PM
    Interesting link, thanks for posting :) , if this is true , how come IO's come up with blank when asked if the namecheck has been cleared or not ? This might actually be good news , according to the memo, they are going to clear out 98% of the namecheck cases pending more than 30 days, that's pretty amazing ( as they declare too at the end of the memo :D)

    It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf





    GCOP
    07-11 01:37 PM
    Can you clarify, is there any basis for this gloomy prediction ? I mean , how many people are in Line from Nov. 2001 and how many visa numbers are available every year for EB-3 (I). Let us hope for better, than your prediction.
    Thanks.
    1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...



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