Thursday, June 30, 2011

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  • number30
    03-15 06:13 PM
    Thanks in advance for answering my question:

    I have had an EAD from past 2 years, but I also had a valid H1B I was working for company A on H1 and my GC is filed by Company B future employment(and hence the EAD)

    - Company A went down last year, so I was laid off, so my H1 lapsed.
    - I switched to Company B since I have an EAD through them.
    - I am on Company B's payroll currently.
    - The company A folks needed help after they were shutdown, I helped and was paid for hours. (doing same and similar work) but not issued a 1099...

    Question - I will need to file taxes on those hours, in terms of immigration have I done anything out of ordinary here? I don't know if USCIS and IRS connecected, or I am just being paranoid here?

    Thanks!

    As you are on EAD nothing wrong is done as for as USCIS is concerned. Just add that income as self employment income you should be fine. Also you can deduct those expenses you made to earn that income.





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  • jkiran
    11-23 09:32 PM
    thank you for your advice





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  • HV000
    11-09 10:48 PM
    Yes, a transfer could be filed while an extension is pending. This is the so-called anchor transfer. However, the transfer would be denied if the extension petition is withdrawn before the transfer is approved.



    The 140 approval notice is not required unless this is a post six year transfer/extension.

    Thanks Fromnaija!

    Why do you say tranfer will be denied if extension petition is withdrawn? Are they not seperate applications filed by 2 different companies?





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  • yes26
    01-29 08:37 PM
    hie,
    i was on opt and my opt ended jan 24th 2009. i had applied to a masters program for spring 09. my old school ( where i did my bachelors) transfered my sevis information to my new school( where i was to start masters). however i decided to discontinue with my new school's masters program. i did not registered for classes. i told them that i would no longer want to pursue that particular masters anymore. i now want to join another institute for a short time. they require my sevis information in order to make an i20 for me. my new school( where i had applied for masters) says that they do not have an i20 for me since i cancelled my program. whichever institute i transfer to for future studies would require a copy of a current i20 from me for admissions.
    now where does this situation leave me? am i out of status as of now? will i be able to transfer to any university/institute for my future studies?



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  • Blog Feeds
    03-10 07:20 AM
    Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.

    Example:

    LCA start date: 9/1/10

    LCA end date: 8/31/13

    Form I-129 start date: 10/1/10

    Form I-129 end date: 8/31/13

    Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.

    Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.

    Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.




    More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)





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  • GCKaMaara
    11-17 10:49 AM
    Not to scare you but even part-time job in other fields can be a potential issue. Please confirm with attorney though.


    I HAVE H1 APPROVED TILL 04/10 BUT I ENTERED USA USING AP THIS YEAR SO MY UNDERSTANDING IS THAT I AM ON EAD NOW WITH SPONSORING EMPLOYER. I AM ASLO DOING PARTIME JOB IN OTHER FIELD ON EAD SINCE 01/08. NOW IF I GET FULL TIME JOB WITH OTHER EMPLOYER (other field)AND IF I WORK LESS HOURS (means I get under pay than showed in labor) WITH SPONSORING EMPLOYER, WILL I BE IN TROUBLE? Please give me right way.


    PD - 05/03 EB3-I



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  • dunkin
    06-26 02:16 PM
    hi guys,

    i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.

    i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?

    also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?

    thanks in advance, and sorry if the above are dumb questions.





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  • senk1s
    05-22 03:37 PM
    1. If you renewed H1s from within the US...the I94 number should be the same

    2. Check with an attorney - my attorney said, while AP is pending decision it is better not to travel



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  • kumar1
    01-29 10:58 AM
    You can do it.
    Work full time for primary H1-B employer and part time on anyone on EAD. I am doing it right now.





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  • itsmesabby
    03-11 10:35 AM
    Hi,

    I had my stamping done in Delhi last year in September. They just asked me the following:

    1. Latest Paystubs.
    2. W2.
    3. Client name.
    4. My responsibilities at work.
    5. How long have I worked at my employer.

    All this took just a couple of mins. One of my friend also got his stamping done in Delhi in Dec last year.

    Just carry all documents you can. They will not be needed, but you be more prepared and confident at the interview.

    Thanks



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  • akhilmahajan
    09-19 10:39 AM
    I will take this oppurtunity to thank everyone who showed the courage by joining us at Washington DC.

    It was a great pleasure meeting all the people from the New England area. I finally got a chance to put a face to all the names with whom i have talked on conference calls. This was just an amazing experience and i am hoping we will get a chance to have more such experiences and we will keep on continuing our efforts till the time we get the system fixed.

    Folks, the rally was a huge success. The situation room (15th, 16th, 17th) was an example of all the positive energy which was builing up for the rally.
    The reception(17th) was a showcase of IV. The rally(18th) was the final bang.

    But inspite of having so many people affected from the GREEN CARD delays from the New England area, we just had a few folks show up at the rally. This was really disappointing.

    I am sure there must be a very good reason for that. But if you have any doubts, we will really like to talk to you and clarify your doubts.

    As i always say.

    GO IV GO





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  • amitga
    07-01 08:55 PM
    I think you should have added June 30th also.



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  • askreddy
    01-25 10:54 AM
    Hi Gurus,

    Any suggestions..

    Thanks





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  • manja
    05-23 09:21 PM
    Yes but I was thinking, spouse and children are counted in family based visas and how exempting them will benefit EB visas. Correct me if I'm wrong. :confused:



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  • VJDJ
    08-14 09:07 AM
    Hi,

    I need advice on my situation. My wife filed EB2 based 485 application through her employer and my application and my son's application were filed as derivative applications. My priority date is Dec 2005 and country of chargeability is India. My application and my son's application were approved on August 04, 2010 but my wife's application is still pending approval. It has been nearly 10 days since derivative applications were approved.

    I understand that derivative applications cannot be approved without primary application getting approved first but why, then, my wife's application is still showing "initial review"?

    I am confused and getting a little worried about this. Any advice will be appreciated.

    Thanks.





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  • Marphad
    12-30 04:44 PM
    Please see my answers below.

    Ditto! This is correct.



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  • gsudhesh
    02-25 10:34 PM
    Hello - I found this article (http://www.kirupa.com/blend_wpf/create_text_to_speech_pg5.htm)very helpful, but am having problems when I publish it on the web server (Windows 2003 IIS) - I get the same message - i.e. The type or namespace name 'SpeechSynthesizer' could not be found (are you missing a using directive or an assembly reference?) on the server in the Event Viewer. Is there special configuration or files required on the server before you can publish the speech to text files? Any help would be appreciated.


    u need to install microsft speech sdk ...........





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  • abhay
    05-13 12:53 PM
    Thanks guys, June travel can be postponed a bit, I guess I am worried what if it takes 2 months for approval, I dont know, I think I will go ahead and apply.





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  • Blog Feeds
    08-21 02:50 PM
    Immigration Law Headlines Has Just Posted the Following:




    More... (http://www.ilw.com/immigrationdaily/news/2010,0820-fees.shtm)





    sandeepg
    07-11 03:15 AM
    $105,000 salary for 5 years exp with J2EE/Java sounds rights to me. People with 2/3 year experience are making around 80-85k.


    .

    If you get lots of stock options :) or other benefits like RSU's, faster prmotions etc. your basic pay might be lower. So you can ask the attorney to consider the total value of the pay package. You can get this from your HR person





    ivar
    03-02 09:08 PM
    Looks like there is a huge backlog of perm applications. I am not sure if they will look at your application anytime soon. If your application is pending more than a year at least you could apply for extension of H1.

    It will be delusional on our part to think that perm applications will have an easy approvals.

    Stuggling to get a PERM approval since JUN 07. For a moment if i just forget about this PERM, What are the chances that my H1b Extension will be approved without any problem? My situation is I have completed 5 years and 4 months on H1b. My visa expires Mar 2010 and my 6 yrs term expires in NOV 2010, out of USA stay of only one month. I switched only one employer after coming to US. With the new employer since Mar 07. Will there be any problem with H1b Extension till OCT 2010

    Thanks,
    R.



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