jnraajan
01-18 10:54 AM
You cannot become a Canadian Citizen, just because you are on H1 in the US. The only advantage is you can apply for Permanent Residency from the US, which is much faster than applying from India. Once, you get your Green Card, you still should maintain residency in Canda, before you apply for Citizenship.
Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.
Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.
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go_guy123
01-11 08:35 AM
The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
GOP can actually do something on imigration side. They already have the conservative votes (conservatives have nowhere else to go) and get some latino vote to top it in the swing states.
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
GOP can actually do something on imigration side. They already have the conservative votes (conservatives have nowhere else to go) and get some latino vote to top it in the swing states.
Rinsha
03-19 08:55 AM
Good observation, although I totally support this clause to oppose automatic citizenship.
Maybe you are right, but in the meantime there are hundreds of thousands of children which are U.S. Citizen and their parents are struggling to give them a normal life in this country.
They can't just see half of the problem: if they deny automatic citizenship, at the same time they should grant the right to have the same opportunities of all other citizens for those who are citizen with immigrant parents: both parent should be entitled to work and have complete freedom of changing employer, start a business, etc.
Maybe you are right, but in the meantime there are hundreds of thousands of children which are U.S. Citizen and their parents are struggling to give them a normal life in this country.
They can't just see half of the problem: if they deny automatic citizenship, at the same time they should grant the right to have the same opportunities of all other citizens for those who are citizen with immigrant parents: both parent should be entitled to work and have complete freedom of changing employer, start a business, etc.
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santa123
03-09 09:46 PM
I know of an old time neighbor who had a similar story, only that it was not a dream but reality for him... he must be smiling at this post;)
more...
mariusp
12-20 10:08 PM
There is no scam. At least from what you describe...
I don't think you understand how the income tax really works. There's no way that the company can take 33% of your MONTHLY paycheck for taxes. First of all, tax is calculated on the yearly income not the monthly one and second, tax calculated for each bracket on the amount of income that falls within that bracket. For example, say your friend makes 100k a year.
Assuming that he files as single with no dependents, that means:
(http://www.wwwebtax.com/tables/tax_rate_schedules98.htm)
Tax brackets are:
$0 - $7,300 tax is 10% ---> he pays $730$
7,300 - 29,700 tax is 15% ---> he pays $3,360
29,700 - 71,950 tax is 25% ---> he pays $10,562
71,950 - 100,000 (his income) tax is 28% ----> he pays $7,854
-------------------------------------------------
You add all those up and the total amount in tax he owes is $22506 / year
Okay, now subract this amount from 100k and you get: 77494 / 12 months
= 6457 per month
Now you need to pay social security and medicare:
Social Security about $500
Medicare about $120
You get: $5800 in hand
Your friend probably screwed up his W4 form and now the company withholds too much out of his paycheck. But there's no problem, he can correct it at any time by resubmitting / reviewing his W4 with the employer. In the event he doesn't, at the end of the year he will get a big fat tax refund from the IRS for the amount he overpaid during the year.
In any case, you want to make sure at the end of the year you don't owe anything and you are not owed. You don't really want to lend money with 0% interest to uncle Sam, right?
I don't think you understand how the income tax really works. There's no way that the company can take 33% of your MONTHLY paycheck for taxes. First of all, tax is calculated on the yearly income not the monthly one and second, tax calculated for each bracket on the amount of income that falls within that bracket. For example, say your friend makes 100k a year.
Assuming that he files as single with no dependents, that means:
(http://www.wwwebtax.com/tables/tax_rate_schedules98.htm)
Tax brackets are:
$0 - $7,300 tax is 10% ---> he pays $730$
7,300 - 29,700 tax is 15% ---> he pays $3,360
29,700 - 71,950 tax is 25% ---> he pays $10,562
71,950 - 100,000 (his income) tax is 28% ----> he pays $7,854
-------------------------------------------------
You add all those up and the total amount in tax he owes is $22506 / year
Okay, now subract this amount from 100k and you get: 77494 / 12 months
= 6457 per month
Now you need to pay social security and medicare:
Social Security about $500
Medicare about $120
You get: $5800 in hand
Your friend probably screwed up his W4 form and now the company withholds too much out of his paycheck. But there's no problem, he can correct it at any time by resubmitting / reviewing his W4 with the employer. In the event he doesn't, at the end of the year he will get a big fat tax refund from the IRS for the amount he overpaid during the year.
In any case, you want to make sure at the end of the year you don't owe anything and you are not owed. You don't really want to lend money with 0% interest to uncle Sam, right?
calboy78
11-10 01:55 PM
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
more...
lazycis
06-05 10:14 PM
In such cases, the PO Box owner or auth rep. takes the note that is left in the PO Box and collects the mail piece. This also applies for signature confirmation and other USPS services that requires a signature
I second this. Eventually it will be delivered and signed off.
I second this. Eventually it will be delivered and signed off.
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dilber
07-16 06:24 PM
How about setting up a poll to get a rough idea we could create a poll with a salary range and EB level for example 48000~ 59999 EB3 48000~59999 EB2 60000~70000 EB3 60000~70000 EB2 etc. this would give us a rough Idea about Levels and corresponding EB categories. I suggest using numerical ranges Instead of Levels because some people may not know the levels.
This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.
This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.
more...
jkmc
02-15 05:03 PM
Hi everyone.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
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vemulapallisk
07-29 03:17 PM
I am in the same boat and need to post the paper in the next couple of days. Can somenoe please help me. I would greatly appreciate your help.
My priority date is Oct 2005 and i applied for i485 (EB2) in July 2007. I am planning on filing i-485 for my wife as a dependant/derivative of my application on August 2, 2010. My i-140 is approved. My case is pending at Texas Service Center. According to the i485 instructions and USCIS website (both revised on 12/03/09), the application has to go to :
USCIS
Attn: AOS
2501 S. State Hwy, 121 Business
Suite 400
Lewisville, TX 75067
My lawyers office informed me that the address to post is:
4141 N. St. Augustine Road
Dallas, TX 75227
I couldnt find this Dallas, TX address on neither the i485 instructions form or the USCIS website. Can someone who filed recently (after 12/03/09) to Texas Service Center confirm the correct address please. It would be of great help since i need to file the papers in the next couple of days.
Thanks a lot in advance
My priority date is Oct 2005 and i applied for i485 (EB2) in July 2007. I am planning on filing i-485 for my wife as a dependant/derivative of my application on August 2, 2010. My i-140 is approved. My case is pending at Texas Service Center. According to the i485 instructions and USCIS website (both revised on 12/03/09), the application has to go to :
USCIS
Attn: AOS
2501 S. State Hwy, 121 Business
Suite 400
Lewisville, TX 75067
My lawyers office informed me that the address to post is:
4141 N. St. Augustine Road
Dallas, TX 75227
I couldnt find this Dallas, TX address on neither the i485 instructions form or the USCIS website. Can someone who filed recently (after 12/03/09) to Texas Service Center confirm the correct address please. It would be of great help since i need to file the papers in the next couple of days.
Thanks a lot in advance
more...
IV2007
07-30 10:37 AM
Guys,
My undertstanding is, if one is a primary applicant on EAD and he/she starts studying full time, one need to pay taxes (like saying working part time or doing business, etc...).
Once school is complete one needs to get back to same position or higher as an EAD applicant.
I am also looking for concrete answers/confirmation on this.
Tried to post a mesg to attorney on this forum but the post was closed. :(
Anyone know for sure how to handle this situation. Or anyone did this and still got GC ??
Thanks
shree
My undertstanding is, if one is a primary applicant on EAD and he/she starts studying full time, one need to pay taxes (like saying working part time or doing business, etc...).
Once school is complete one needs to get back to same position or higher as an EAD applicant.
I am also looking for concrete answers/confirmation on this.
Tried to post a mesg to attorney on this forum but the post was closed. :(
Anyone know for sure how to handle this situation. Or anyone did this and still got GC ??
Thanks
shree
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r_mistry
01-18 02:41 PM
Thanks for responding !!!
more...
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kumar1
03-03 10:37 AM
Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.
This is correct.
However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.
The only requirement is the other I-140 must be approved and active
and it must belong to same beneficiary.
Not a legal advice.
This is correct.
However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.
The only requirement is the other I-140 must be approved and active
and it must belong to same beneficiary.
Not a legal advice.
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nashim
05-19 11:53 AM
Hi,
Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.
Following points are mentioned in the e-filing confirmation Receipts:
1) DO attached one copy of this Confirmation Receipts
2) DO keep the extra copy of confirmation receipt for your record.
3) DO NOT send a copy of your e- filing application
4) DO NOT include any applications or fee
5) DO NOT mail photos or copies of identification
I did NOT find any where like we need to send, passport copy, drive license copy, photo.
Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.
Following points are mentioned in the e-filing confirmation Receipts:
1) DO attached one copy of this Confirmation Receipts
2) DO keep the extra copy of confirmation receipt for your record.
3) DO NOT send a copy of your e- filing application
4) DO NOT include any applications or fee
5) DO NOT mail photos or copies of identification
I did NOT find any where like we need to send, passport copy, drive license copy, photo.
more...
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hary536
05-20 03:51 PM
Hi, Thanks for the reply.
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
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gps001
12-24 07:26 AM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
more...
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americandesi
10-26 02:29 AM
You're right. Something got busted for sure. Admin, please look into this.
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shukla77
07-23 10:22 AM
I have the same problem with my father's passport and I could not fill DS156. Let me know if there is any solution to this issue.
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babu123
08-20 03:14 PM
I got name check information atlast today. Its cleared
Still waiting for GC Approval. God knows when it will get approved.
Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX
Still waiting for GC Approval. God knows when it will get approved.
Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX
hkusumadi
03-27 12:00 PM
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
gc2
09-22 05:55 PM
Job A
OES/SOC Code: 15-1099
OES/SOC Title: Computer Specialists, All Other
OES/SOC Code: 15-1099
OES/SOC Title: Computer Specialists, All Other
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