lacrossegc
09-06 05:34 PM
bkarnik , I agree ...but ABC USA and ABC Canada are two totally seperate companies for immigration/H1/GC purposes.
When working in US --- ABC USA will have to pay US wages per H1B LCA, ABC Canada doesnt pay
When working in Canada -- ABC USA pays nothing, ABC Canada pays
Tax implications are complex :) but as far as I know, If taxes are being filed in US, Worldwide Income will have to be reported on the 1040 OR else file 1040 Non-Resident in which you can report only the US wages.
!!! Ask a lawyer and a tax advisor !!!!! better be safe than sorry .... but I believe that the scenario described is justifiable and legal
I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.
When working in US --- ABC USA will have to pay US wages per H1B LCA, ABC Canada doesnt pay
When working in Canada -- ABC USA pays nothing, ABC Canada pays
Tax implications are complex :) but as far as I know, If taxes are being filed in US, Worldwide Income will have to be reported on the 1040 OR else file 1040 Non-Resident in which you can report only the US wages.
!!! Ask a lawyer and a tax advisor !!!!! better be safe than sorry .... but I believe that the scenario described is justifiable and legal
I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.
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paskal
06-03 04:26 PM
numbers are critical to lawmakers and so...
don't think of this as spam!
if it was useless orgs like AILA, ALIPAC and NumbersUSA would not be bothering with webfaxes to lawmakers.
the legislative staff bunch them together and gauge the numbers of people interested in a particular provision or specific relief. therefore the emalils and the webfaxes, even though they have standard language are critical.
As for including every single provision and relief in the webfax, this would not work. It has to be concise and specific with some core issues highlighted- remember iv works with major lobbying firms and certainly has input from people with a lot of experience. Webfaxes and e mails do buy access though for our core team and lobbyists and highlight our issue. Once that is achieved we have a much better chance of getting friendly amendments with various different kinds of relief- including things not specifically mentioned in the webfax itself.
Having said this, it does not stop members from ALSO writing individual e mails to lawmakers highlighting our problems in your own language. I have done so myself and had very encouraging success in getting specific personal responses from the staff of some lawmakers. You all know who friendly senators are, write to them specifically by all means highlighting your individual problems, end my mentioning iv and it's work for skilled immigrants. I even posted the iv message at the end of my personalized e mails.
Please send the iv web fax and e mails and do make the additional efforts as well. and don't forget to contribute...
don't think of this as spam!
if it was useless orgs like AILA, ALIPAC and NumbersUSA would not be bothering with webfaxes to lawmakers.
the legislative staff bunch them together and gauge the numbers of people interested in a particular provision or specific relief. therefore the emalils and the webfaxes, even though they have standard language are critical.
As for including every single provision and relief in the webfax, this would not work. It has to be concise and specific with some core issues highlighted- remember iv works with major lobbying firms and certainly has input from people with a lot of experience. Webfaxes and e mails do buy access though for our core team and lobbyists and highlight our issue. Once that is achieved we have a much better chance of getting friendly amendments with various different kinds of relief- including things not specifically mentioned in the webfax itself.
Having said this, it does not stop members from ALSO writing individual e mails to lawmakers highlighting our problems in your own language. I have done so myself and had very encouraging success in getting specific personal responses from the staff of some lawmakers. You all know who friendly senators are, write to them specifically by all means highlighting your individual problems, end my mentioning iv and it's work for skilled immigrants. I even posted the iv message at the end of my personalized e mails.
Please send the iv web fax and e mails and do make the additional efforts as well. and don't forget to contribute...
sobers
02-21 03:59 PM
good job, eb3_nepa!!
While you're at it, why don't you also copy and paste all the articles/news stories that support skilled worker immigration that are on this site, and send them across too.
That will help them tremendously, since congressional staffers are often pressed for time and cannot gather all the supporting information by themselves.
Thanks! Keep it up!
While you're at it, why don't you also copy and paste all the articles/news stories that support skilled worker immigration that are on this site, and send them across too.
That will help them tremendously, since congressional staffers are often pressed for time and cannot gather all the supporting information by themselves.
Thanks! Keep it up!
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soneC
06-15 09:04 AM
Hello. First of all, thank you for reading and feedback. I need some advice on my immigration issue.
I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer�s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).
I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.
Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.
I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer�s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).
I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.
Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.
more...
Irs
05-12 09:48 AM
if you go to India and your application is cleared when you are there, you must return to the consulate who approved your application to get your visa stamped.
ash0210
11-21 07:06 PM
gc_in_30_yrs, I will file new Labor in PERM with this new job Responsibilites..! :D
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
more...
nandakumar
01-18 07:50 PM
^^^^
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furiouspride
08-10 06:57 PM
Why would IV not support a bill like this? Wouldn't this not make all our current problems go away?
more...
Hassan11
03-26 10:49 AM
I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you
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pnara2
01-24 10:04 AM
Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??
Thanks,
Prasad.
Thanks,
Prasad.
more...
tnite
08-09 10:45 PM
Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?
Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.
Yes marriage is another option, but only 50% is in my hand for this option.
Please please guys, get me some way out of this situation.
Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.
The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.
Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.
Yes marriage is another option, but only 50% is in my hand for this option.
Please please guys, get me some way out of this situation.
Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.
The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.
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GCplease
08-16 02:33 PM
Thank you guys.
What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.
I believe they want to earn extra money from us. What should we do now about this wrong info?
You think we have no choice here but to pay?
I'm sorry and thanks for your help.
You really can't do much about it now.
If you wanna fight your employer, you may end getting fired.
So, just bite the bullet and pay.
What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.
I believe they want to earn extra money from us. What should we do now about this wrong info?
You think we have no choice here but to pay?
I'm sorry and thanks for your help.
You really can't do much about it now.
If you wanna fight your employer, you may end getting fired.
So, just bite the bullet and pay.
more...
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aaren253
02-19 02:51 AM
ok i 16 and i want to go to pasadena art center for transportation...and i want to know is their llike a art school that i can go to to help me create a portfolio and enhance my skills in sketching.
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amits
10-09 11:55 AM
I will join as well.
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glus
10-19 08:18 AM
What do the people in the following circumstance do:
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
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greencardvow
07-18 08:02 PM
Does anyone know what happens when the original hard copy of PERM is lost. Can one file 140 with just the copy that you can get online from DOL site.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
more...
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texanguy
02-02 01:45 PM
previously discussed.
check out my post and gc28262 's response in the following link
http://immigrationvoice.org/forum/showthread.php?t=23111&page=2
I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.
check out my post and gc28262 's response in the following link
http://immigrationvoice.org/forum/showthread.php?t=23111&page=2
I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.
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GCWarrior
04-16 02:57 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
Thanks
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ak_manu
09-29 01:36 PM
We had a bitter experience when we took OUR gold while traveling to india for attending a wedding. Customs officers never listened when we said it was OUR gold and we are taking it to wear for wedding. They demanded 1000$ dollars as bribe even though I said I can offer 400$ for my carrying my OWN gold. After lot of arguing, I was fed up and told that I will leave gold with them and take it with me when we go back. Finally, one officer intervened and he let us go without taking any money as he sensed that issue is going too far and we might end up complaining.
My suggestion, try to wear as much as gold you can as that is considered ok if it on your body. Take minimal if possible.
My suggestion, try to wear as much as gold you can as that is considered ok if it on your body. Take minimal if possible.
sansas
01-21 04:19 AM
rumour say retrogression may lift on march 2009, is it true????
jsb
08-29 01:10 PM
Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?
This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.
They should better post where they are based on PDs, and work based on that too.
This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.
They should better post where they are based on PDs, and work based on that too.
