Monday, June 13, 2011

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  • walking_dude
    08-04 11:03 AM
    Now that the US Congress is in recess for 5 weeks, lets begin to get organized. It's a good time to visit our Reps and Senators as they will be in their constituencies.





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  • smartboy75
    09-29 03:17 PM
    Looks like an unique situation...no reply from anybody...





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  • pappu
    09-01 10:06 AM
    Yes, you must get another letter from company A, HR or some big official with all dates.
    Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.

    And select a good lawyer. Read IV spotlight topic on it.

    Ability to pay and RFEs used to be my favorite subject few years ago :)





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  • villamonte6100
    10-15 10:03 AM
    Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?


    When did you renew your DL?

    Homeland Security is getting tough these days and DMV will ask for your H1 or H4 visa or EAD.

    In other words, they check for your immigration status.

    There is even a "SAVE" program on other states which makes it difficult to renew. The SAVE program first verifies your immigration status with USCIS, and after being cleared, then DMV could renew your DL,



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  • eilsoe
    10-02 02:27 PM
    sorry :P

    sometimes i get carried away... :)





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  • somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).



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  • javadeveloper
    02-23 10:59 AM
    Hi

    We are in AOS pending status.iam on EAD.

    After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
    Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
    ( Visito visa Etc..)

    Any suggestions.

    Thanks

    1.You need to be on h1(your wife&kid needs to be on H4)
    2.My suggestion:use EAD if you need to use but don't send your wife to India.Use your savings for your Insurance & living(in the worst case).
    3.Also keep in mind that you have to spend about $2000 to send her to india and bring back to US with which you can buy 3 months of insurance.





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  • kanta80
    04-03 10:59 AM
    Thank you very much for your reply, sertasheep. Your information is really useful for me.



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  • styrum
    01-18 12:50 PM
    INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)





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  • smartboy75
    10-01 06:11 PM
    Anybody ..any replies ??



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  • dreamworld
    11-07 12:44 PM
    Thank you everyone for the responses.

    Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.

    masti_Gai is right...

    Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.





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  • jasmin45
    07-16 09:21 PM
    BTW....one can now apply directly to NSC or TSC as per the state they are applying from. This memo became effective June 21 and is mandatory starting July 30.

    see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    So there is now a choice till July 30 for everybody's kind information!
    Just wanted to add to this post.

    Though the effective date for "Direct filing" is July 30th, USCIS also mention that they will not reject any applications received in NSC until August 29th 2007.. This provides some more time. something to keep in mind while sending application.



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  • eager_immi
    07-16 02:39 PM
    yup they came first in the nascar race last year

    Hello,

    Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!





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  • ken
    04-09 12:29 PM
    Guru's let me know your thoughts on this..



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  • delhirocks
    06-21 06:09 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D

    nice..





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  • DSLStart
    03-11 08:14 PM
    No you don't have to walk into any bank. Just visit

    https://remit.onlinesbi.com/

    Everything is self explainotary.


    Gurus,

    Can some body advise what is the best way to send money to India using SBI online?

    Do i have to have an account with SBI? NRE/NRO/Regular

    I have an account with State Bank of Bikarner and Jaipur, can i send money from my US account into SBBJ and then to SBI (parents account) ONLINE?

    I live in Colorado and hence do not have the luxury of walking into an SBI US branch.

    Any advise is appreciated.

    Thanks



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  • tnite
    09-20 10:40 AM
    Tristate folks from CT NY and 2 of them from Nocal are in the NDTV pic link (http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070026637)
    I am in the pic.feels great.





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  • Jaime
    09-12 11:18 AM
    You can modify the person's name for privacy, but keep the facts of his/her struggle





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  • mambarg
    07-20 08:40 AM
    My attorney said e-notice is fine and applied.
    but in enotice it is written

    Please note that this e-mail message is being sent as a
    courtesy and cannot be used as evidence of nonimmigrant
    status. Nor can this message be used as evidence to procure
    an immigrant visa


    I am worried if my packages comes back after aug 17?





    eb3_nepa
    04-30 10:17 AM
    This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".

    Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.

    The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?


    Excellent points!

    Actually this should DEFINITELY be a question to the Attorney in the next confernece call. What is the actual "law" on the H4s when you say you cannot work does it mean you cannot work for a US employer or yuo cant get paid inside the US?





    va_labor2002
    09-24 05:44 PM
    Dear Core Team and other Members,

    Rajiv Chandrasekaran is an assistant managing editor of The Washington Post, where he has worked since 1994. He lives in Washington, D.C.
    He had published an article on the Sept 17 Washington Post Main Page.He is a well known reporter in DC area. I think he is originally from India. If you search his name in google ,you will get lot of hits !

    I sent an email to him ,requesting to publish an article on legal immigration issues. Please send him an email. Also, please send some documents and real stories to his address by Post. email id is : rajiv@washpost.com

    Contact Rajiv Chandrasekaran at:

    The Washington Post
    1150 15th Street, NW
    Washington, DC 20071
    (202) 334-6000
    rajiv@washpost.com



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