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  • sunny1000
    10-19 02:50 PM
    Hi,

    While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.

    Is this from NSC or TSC? Also, did your attorney include your diploma with your B.Sc to equivate it to a 4 year degree at any point during the filing of the I-140?





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  • gcgreen
    10-08 02:37 PM
    You do have to pay taxes on any dividends you earn. Your brokerage firm will send you an 1099 form at the end of the year detailing your income.

    If you do sell stocks and otherwise have capital gains or losses to report, you will typically file a Schedule-D form along with your 1040.

    To my knowledge, as long as you are a "passive" investor, there is no problem with investing. You cannot be an "active" investor when on H1-B, unless you have another H1-B that supports your "active" investment activities. Put simply, if you are buying stocks and holding on to them for a period of time before you sell, you are fine. But if you plan on becoming a day trader (very good time right now to make and lose money, with all this volatility) then you likely are an "active" investor.

    I am not a lawyer, and the above is my common sense understanding.


    One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...





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  • aj_jadeja
    02-17 12:53 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!
    Dear Sir,

    Many thanks for your interesting email, which I forwarded to a colleague based in the United States.

    I understand it must be hard for somebody in your situation. But anecdotal evidence and statistics suggest that however hard life is for immigrants in the United States, it's even harder for immigrants in Europe.

    Thanks again,

    John Miller.





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  • ebizash
    09-30 05:50 PM
    Here it is -

    http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb



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  • angelfire76
    03-20 06:44 PM
    Can you please change the title of this thread so as to not give more people anxiety attacks?
    Welcome to the new world of Banking where even financial whiz kids need to go through a contract company to work at these institutions. I think the Indian IT cabal is smiling and thinking about diversification into financial services. They call it domain consulting. ;)





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  • desi3933
    03-27 03:51 PM
    Thats not the case. USCIS will revoke employment based AOS since mariage based AOS has higher priority. ...

    May I ask, where did you get this (incorrect) info from? Do you know that one can file only I-485 that is linked to I-130 as well as I-140. Read I-485 form.


    ________________
    Not a legal advice.



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  • AGC4ME
    01-12 07:05 PM
    Can the period for which PD was not current be taken into account while counting the wait period?
    Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?

    Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.





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  • sandeepk_c
    06-11 11:37 PM
    One of the posts said that this was for folks on 6th yr and who have PERM in process (Audit in atlanta/chicago). I do fall into this category but this notice (http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf) still confuses/concerns me.

    My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.

    Let me know what you guys think of this.

    Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.

    Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.



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  • byeusa
    07-11 01:02 AM
    As per USINPAC, you need to say thank you to them as they claim to have started and run this campaign. Fraudstrers...!

    http://in.news.yahoo.com/070710/48/6hwnn.html





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  • gopikrishnayr
    09-07 10:03 AM
    Thanks for the advices. I was more worried about any negative issues on my current 485 if I block the payment on my second set of checks. I think USCIS also will be fined if the checks bounce. I called customer support and they told me that the money would not be refundable but you can withdraw your application by writing a letter.

    If I do not block my checks my worry is that it might create duplicate cases.

    Yes in my second set of application I did mention the reason why I am filing the second time

    Hopefully their system will block the entry of my application



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  • PDOCT05
    10-29 11:00 PM
    ^^^^^^bump^^^^^





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  • sravani
    05-11 06:00 PM
    here is another questions I need to ask, if anyone can plz get them answered it will be great.

    1. There was I-94 attached which was also lost. Recently, we transferred H-4 to iGate, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?

    It's important to keep the arrival i-94 document. You can use the following document to get the I-94 from Department of Homeland Security.

    http://www.uscis.gov/files/form/i-102.pdf



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  • nousername
    12-15 09:11 PM
    I was in similar (not same) situation years back.. The difference was that in my case only one company applied for my H1B transfer and I got the approval without i-94, just like you and I had to re-enter.

    I also stayed in the country looking for a job (without pay stub), etc... At the US embassy they only asked me how I got the next job, no other questions. Don't remember if they asked for my tax returns as at the time I did not make the required amount.. but I surly carried my returns.

    I did not do any calculations in your case but the only thing that worries me is the time you were out of status. If it is more than 180 days then I might be little worried. May be guru's here can throw some light on that.

    Dear Sunny,

    I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.

    And i am also wondering if anyone has gone with situation like mine?

    My company has not applied for GC (labor) yet.





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  • browncow
    06-02 08:31 PM
    Most airline allow one free date change. You might just need to pay processing fee (20-40 bucks) for the change.
    But a confirmed return ticket is needed for passengers travelling on visitor visas.



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  • amalshe
    08-24 03:23 PM
    Hi guys,

    I know J Barrett has been a star of this forum for a while.

    I just wanted to check if anyone in a similar situation as mine as received any update on their 485.

    140 approved from TSC in May 2006; LUD on 7/28
    485 received at NSC on July 2, 2007
    485 received and Signed for by J Barrett at 10:25 AM

    Thanks.





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  • champu
    03-06 01:18 AM
    Transfer money to State Bank of India .

    I agree. Diversify. Gold is another option.
    BTW in a few days all banks will be undergoing stress test...
    You would know where to put money.



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  • paskal
    06-24 10:00 PM
    i think you mean I-864
    correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:

    http://www.uscis.gov/files/form/I-864.pdf


    I-485 instructions are very clear on who needs the I-865 form.
    the documentary needs are very simple, in fact, the form is so damn simple i'm wondering why i'm paying sooooo much to my attorney.
    NO tax forms are needed per my reading, check for yourself.

    http://www.uscis.gov/files/form/i-485.pdf





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  • blondhenge
    05-22 11:54 AM
    Are you EB-3 or Eb-2?

    I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.

    Here are my case details:

    - Labor was filed in 2001 Nov in MI
    - 140 approved in Oct 2003
    - 485 filed in Jan 2004
    - changed employer in 2004 Nov on EAD
    - RFE for employment letter in Mar 2004
    - Case transfered to local office (Newark), May 2005
    - 3 EAD renewals, 3 AP renewals
    - 25 % more salary than old job. Title in old job was programmer/analyst.
    - New job when joined was Systems Analyst.
    - For RFE response, supplied a good letter with same job description.
    - The current JOb is NJ with a well known insurance company.
    - Recently i got promoted to Information systems Consultant

    Now my Qs are
    - What can i expect during the interview?
    - Anyone with similar experience, can you share ur experience?
    - Change in titles, more salary, labor being from a different state etc are
    making me very nervous
    - Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?





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  • krishna_brc
    06-17 02:56 PM
    Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)

    Hi GCCOVET,

    What will happen in the below scenario

    Company A sponsered GC, 140 approved and 180 days passed filing 485
    if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?

    Thanks,
    Krishna





    crazymish
    03-06 10:54 AM
    Then again I presume it would involve paying a fee of $80 for the biometrics too each time you apply online. Could be avoided if we go paper based.

    That does raise a small question here, the $1010 fee that we pay does that also exempt us on the biometric fee, so in essence AP/EAD/FP is all exempt irrespecitve the number of times we apply under the new fee structure?





    RadioactveChimp
    04-16 02:02 AM
    yes yes I know...let's leave this in the past alright? :lol:



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