Monday, June 13, 2011

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  • neverbefore
    08-16 02:40 PM
    Hi,

    I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.

    Thanks.

    My experience at H1B stamping was that they canceled all my previously stamped visas and wrote/stamped "CWP" or "Canceled without prejudice" on them




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  • malibuguy007
    10-03 05:38 PM
    And back on to the first page again :eek:




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  • jonty_11
    01-08 01:18 PM
    If TCS or any Indian firm claims you owe them something since you quit them after coming to US (contract breach or whatever), they will not release your PF until you clear your accounts with them. Call is yours after seeing if the payback is greater than PF??




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  • smartboy75
    07-17 07:25 PM
    Hi All

    As the dates become current, I see a lot of people asking the same questions again and again....why can't people do a little search on the forumn before posting repeated questions already asked before ..For eg: Filling i-485 and presence in US or filling without the help of lawyers....

    I mean come on guys..we call ourselves highly skilled labours and don't even have the skill to find out answers to common questions by searching the forumns???? I am really begining to doubt the IQ of some cause if not how do u explain it...

    DON'T GET ME WRONG....ACT SMART



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  • HRPRO
    02-09 03:15 PM
    If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).

    Roseball,

    I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.

    HRPRO




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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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  • greenguru
    02-14 09:44 PM
    Hi,
    I had the same scenario... only the dates are different.

    You will get only ONE STAMPING On your passport and that will be till the end of your 3rd year( Till Second H1 exp. date)

    Cheers




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  • anirudh74
    05-06 12:24 PM
    Expect wait time of 3-4 years.



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  • snathan
    07-27 11:44 PM
    Hi All!

    Appreciate if you have any suggestion for my case:

    My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.

    USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.

    My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.

    I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.

    Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.

    Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.

    EB2 PD Date: Dec 2005.
    I-140 denied: 10 Dec 2009
    I-140 appealed: 05 Jan 2010
    I-140 sent to AAO: Feb 25 2010
    I-485 Denied: 31 Dec 2009
    I-485 appeal: none

    Appreciate your help and if you can point me in right direction.

    Thanks,
    Rocky


    The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.




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  • glus
    06-25 09:31 AM
    Hi:
    Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.



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  • imv116
    03-02 02:13 PM
    Yes, just as InTheMoment has said H1 option does exist, but chances are more with EAD.

    It�s not like we switching jobs. Good univ, good program and good place go a long way in there career. To spend 3-5 years in a residency and another 2 years in a fellowship program, I think one has to be serious about what they choose.

    Note like we got a rank and have to take-up what ever is offered.

    EAD for H4 would have been the best things to happen, at least in light providing the same for L1.




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  • rockstart
    03-24 09:58 AM
    Its the simplest RFE you can get all you need to do is submit EVL ASAP. Dont worry for your spouse's application they are not going to approve the application till the dates get current. So you can add her at that time. The guess is they are pre-adjucating your application so that when visa# are available it will be smooth approval so cheer up.



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  • crystal
    07-07 10:31 PM
    Why you are spamming all the thread with the same message. We already have two thread for this video Great job.. This is exactly what we need.. National coverage on this issue..


    http://www.youtube.com/v/RVhgb6yoc8w




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  • krogot
    02-17 01:25 AM
    Thank you for your answers



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  • nonimmi
    06-11 04:20 PM
    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.

    Visit this....

    http://immigrationvoice.org/forum/showthread.php?t=4285




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  • lazycis
    02-12 07:18 PM
    Hi Wandmaker, Even If I need to work for the same employer do I need to use my EAD ?.

    If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.

    Yes, use EAD (fill new I-9 from). After H1 extension is approved, leave and re-enter with new H1 stamp. Fill new I-9 form.



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  • thomachan72
    03-29 06:51 PM
    How many of you support this idea ?

    Rally in DC in the morning and Fasting till 5PM in front of the capitol.

    Good idea. Now, how do we show that we are starving? Wont it be considered advantageous (healthwise) for many of us to starve? These days starving is not considered a self punishment but rather a therapy. I would suggest 'one day over eating-junk food' right in the front of the capitol would be better. In the US, I have noticed that most workers probably get a cofee in the morning, a pack of potatoe fries+coke for lunch and then eat heavily after 5PM. Thats very close to what you are proposing. Holding packards like "we skipped coke and lays today. now you better solve our problem".




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  • snathan
    02-21 02:37 PM
    I am from India.

    Not a good place for GC.....:eek:




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  • veni001
    11-04 07:25 PM
    Hi Experts,

    Need inputs on following scenarios.

    I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.

    Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.

    Thanks

    The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o




    capriol
    05-15 04:15 PM
    I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.

    Dear Shidsar:
    this is more of a question for you: Are you then one of the lucky ones from EB2-I to have got your GC when PD's became current for a brief while last year? Lucky you.




    snathan
    05-13 11:31 PM
    Experts,

    My friend got a letter from USCIS saying his H1 B transfer got Denied due to Client Contract / Letter.

    1. Is he out of status?
    2. He can appeal with proper evidence to show that we have contract..with clients..
    3. What si the procedure.. pelase advice

    Thanks in advance.

    If your previous H1B expired, he is out of status. File the appeal asap. Once the appeal is accepted, he is in status till the final decision is made.

    This is my opinion only. Please check with attorney.



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