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  • qualified_trash
    07-07 01:09 PM
    Investing in a company -> Yes (shareholder)

    Own a company -> No

    On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

    No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

    This has been my research on the internet and is not from a legal advisor.

    Could you tell me what the difference is between owning a company and being a shareholder? :-))

    Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.




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  • vijayam
    09-15 05:34 PM
    Thank you for the reply.

    I did my Master's here.

    And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.

    ---Vijaya.




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  • GC4US
    08-29 11:29 AM
    Could someone please, help me with the following situation; HERE IS MY EXPLANATION:

    ....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.

    Please tell me if I'm accurate about this matter?


    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!
    Your help would be highly appreciated!




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  • Project_A
    11-15 10:40 AM
    Here is the latest snapshot of the backlog of EB applications:
    EB1= 7,595 + 2,961 ( at NVC) + new applications.
    EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
    EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
    *NVC stands for National Visa Center.
    ** Does not include service centers.

    * Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
    * Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
    * From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
    * With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.



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  • pani_6
    08-23 10:42 AM
    When is the Senate meeting and is it scheduled to take up the skil bill this year??...
    When can it take it up next year??...

    Could you please give some dates???.




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  • sunny1000
    03-10 03:19 PM
    My wife when she went to india did the same. Means Submitted all the i-94 including the one which was with the 797.

    While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.

    When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.


    I had to apply for the extension because i did't have any proof with me for my wife on the i-94.

    I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
    :D



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  • kate123
    10-02 08:21 AM
    I Filed a case with NJ DOL and the outcome was pretty fast. It took 4 months to completely resolve the case. I spoke to DOL People yesterday and they said I will get all my money back.

    In your case go ahead and file a case with DOL. Once you file the case you will get a letter from DOL acknowledging your case. May be you can use this ack letter to send it to INS if any query arises.

    Before you even file a case tell your exemployer to pay all your money or else tell them that you will file case with DOL, INS. Still if they dont care then,,, go ahead and file the case....


    Kinu




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  • sunny02
    08-18 02:34 PM
    Thanks for the reponse imm_pro and kopra.

    Hi Kopra,

    My wife will be returing beack from india in mid october :(...



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  • idesign
    05-11 02:15 PM
    2 cents still hard to read "kirupa|fruit" is looking better




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  • iwantmygcnow
    10-15 04:06 PM
    Thank you



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  • sweet_jungle
    10-06 12:08 AM
    I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
    Lawyer has suggested using 485 EAD once it comes.
    Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
    I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
    Let me know if you can some concrete info on this.

    Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.




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  • vimalm
    08-22 10:40 AM
    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    Don't agree with this. According to a revision some time ago, time in H4 status is no longer counted against H1-B 6 yr limit.



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  • freedom2007
    10-22 04:26 PM
    Yup completely agree with Frostrated..
    Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's




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  • tpcool
    05-31 10:21 PM
    Thanks, this helps.

    It would be helpful to know if anyone did this transition with the I-140 approval. Let us see if we get some more responses on this.



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  • sammyb
    09-09 11:12 AM
    Was wondering how is the experience of getting PIO card from Indian Embassy @ DC. Checked the site and it seems it takes 45 business days for them to issue a PIO card which for any other consulate (SFO/NYC/Chicago/Houston) is around 2 weeks ...

    Can anyone share their experience ... appreciate a lot ....




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  • rbharol
    08-22 02:14 PM
    Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.

    Thanks. Moreover the fact that the unused visas shall be carried forward too should help.
    Specially the ones unused from 2001 to 2005.

    Does anybody know was is the number of unused visas from 2001 to 2005.



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  • dagu1234
    06-08 03:02 AM
    did you provide social security number? temporary license can be issued only if you do not provide social security number.




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  • ArkBird
    12-08 03:50 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...


    We are legal immigrants and most importantly - tax payers, shouldn't that be enough??




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  • akred
    10-08 12:40 AM
    Here's another article on the same issue: http://www.financialexpress.com/news/expats-will-have-to-make-pf-payments-in-india/358603/1

    To sum it up:

    Everyone working in India for any length of time will have to contribute 24% towards EPF. This contribution cannot be withdrawn or tranferred to another country unless a totalization agreement exists between that country and India. Previously non-resident Indians and foreigners were either not required to make this contribution or allowed to withdraw it upon leaving India.

    My reading is that this has no impact on people who do not work in India. It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.




    jkays94
    05-30 10:10 PM
    Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)




    caca1225
    12-28 08:01 PM
    snram4,
    You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.

    No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.

    If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.

    Just because the CIR has a little be help to current H1B holders for EB cap exempt to immediate relatives of applicants , that doesn't make the bill a skilled-worker friendly than illegals friendly bill it supposed to be. Think about all these legal immigrants in order to get their green card, they would have spent more than 20k out of their pockets while the CIR only required $500 fine to get these illegals back in line with us, let alone the metal struggle to the long waiting nontransparent process. I'd rather not having this "benefits" than have to be forced to pay my hard earned money toward illegals' health, food stamp, education etc. Besides, after 6-years period finished, who knows if the cap to GC to all these illegals are shared with H1B? Let the free market eliminates US if that's what they're asking for. I can care less if I can get my GC or not while there're plenty of countries will welcome us skilled workers.



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