mihird
02-24 02:19 PM
Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.
My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.
The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.
GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...
There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...
My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.
The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.
GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...
There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...
wallpaper Flowers a Spring
thomachan72
01-21 12:07 PM
I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)
What do you think?
I agree 101%:D:D
What do you think?
I agree 101%:D:D
amsgc
04-02 08:47 PM
I agree, if you have applied for I-485, F1 is not a good idea. I wasn't aware of the OP's GC situation.
Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
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alterego
10-27 12:15 PM
It is precisely this type of ignorance and reluctance to address the real issues by both sides of the issue that makes our predicament so difficult to fix(as with many other policy issues that need fixing in this country). It is an almost insurmountable feat to get the policy makers and even the debaters on this issue to distinguish between the issues of illegal immigration and legal immigration in this country. This obfuscation is not by accident but by clear intent to serve each their specific interests.
Were that not the case, why don't these "we need to stand by the rule of law" enforcement types, call for an improvement in the situation for those "who have followed the law", simply put, it is only convenient for them to say that when they are speaking about the illegals, but alas they are against us legals as well................. so how can they ask anyone to believe that they are anything but anti immigrant period.
The pro immigrant guys blur the distinction specifically because they consider us a sweetener in the deal no less and no more they really don't consider the way we came any better or worse than the way others arrived, it is simply either all or none for them.
A rational policy that the American people can be asked to accept IMHO would involve, strict enforcement both at the border and interior at multiple sites including workplace, policies to alleviate the plight of the legals to demonstrate that way is rewarded and finally a strict case by case evaluation of illegals where some are given amnesty(if they have US children, spouse, lived here over X number of years and can prove it etc) Some will have to be made to have to leave to demonstrate that illegal behavior is not condoned or rewarded, be they Mexicans, Indians or Irish.
Alas, this cannot and will not be done due to the cowardice OF BOTH SIDES of this debate. Cowardice is sadly now changing to outright disdain for immigrants and that is sad in this great country of immigrants. Now the obfuscation will see a backlash emerging against us legals as well.
Were that not the case, why don't these "we need to stand by the rule of law" enforcement types, call for an improvement in the situation for those "who have followed the law", simply put, it is only convenient for them to say that when they are speaking about the illegals, but alas they are against us legals as well................. so how can they ask anyone to believe that they are anything but anti immigrant period.
The pro immigrant guys blur the distinction specifically because they consider us a sweetener in the deal no less and no more they really don't consider the way we came any better or worse than the way others arrived, it is simply either all or none for them.
A rational policy that the American people can be asked to accept IMHO would involve, strict enforcement both at the border and interior at multiple sites including workplace, policies to alleviate the plight of the legals to demonstrate that way is rewarded and finally a strict case by case evaluation of illegals where some are given amnesty(if they have US children, spouse, lived here over X number of years and can prove it etc) Some will have to be made to have to leave to demonstrate that illegal behavior is not condoned or rewarded, be they Mexicans, Indians or Irish.
Alas, this cannot and will not be done due to the cowardice OF BOTH SIDES of this debate. Cowardice is sadly now changing to outright disdain for immigrants and that is sad in this great country of immigrants. Now the obfuscation will see a backlash emerging against us legals as well.
more...
fall2004us
08-14 02:28 PM
I didnt know that you can send a single check for all applications.. ??
It would have been better if you had split the checks.
Dont worry they might accept it now.
It would have been better if you had split the checks.
Dont worry they might accept it now.
evildead
04-24 04:18 PM
Anyone from Chicago near downtown? Not Napreville or Aurora. We are moving from (bay area) Santa Clara to Chicago. Office is in Downtown. Looking for a place closest to download. We are a family with small (1.5 year old) kid.
Please suggest.
we live in Chicagoland. PM me if you would like to talk.
Please suggest.
we live in Chicagoland. PM me if you would like to talk.
more...
ruchigup
08-22 03:52 PM
Were you kidding or serious? You just quoted the very same name that guy is to avoid.
Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
Iskreddy, you r rightt.... "Fragomen, Del Rey, Bernsen and Loewy, LLP" is the complete name :-)
Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
Iskreddy, you r rightt.... "Fragomen, Del Rey, Bernsen and Loewy, LLP" is the complete name :-)
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houston2005
08-21 11:26 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
more...
tmskhan
05-25 12:41 PM
Be prepared to stay there one night. I went there last week. The whole process was very smooth for all of us who went there to renew their stamps but had to spend the night to get the passports back.
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letstalklc
08-27 05:01 PM
Yes,
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
more...
kaisersose
08-03 06:29 PM
whatever is the reason of revoking ? I just want to know if employer revokes an approved I140 withing 180 days of filling, will the employee know about it.
thanks!
You cannot know about a revoked I-140.
But if you filed a 485 based on that 140, then since 140 denial/revoking automatically closes the 485, you will get a denial notice for the 485 and that is how you know.
thanks!
You cannot know about a revoked I-140.
But if you filed a 485 based on that 140, then since 140 denial/revoking automatically closes the 485, you will get a denial notice for the 485 and that is how you know.
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fatjoe
09-02 10:57 PM
Is it possible to let us know their RD and ND too? Just wanted to find the pattern on how TSC is approving the case. That would be much helpful for those who are waiting.
more...
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go_gc_way
05-13 10:25 AM
That's really an idea , need a thought by all... pros and cons.
Specially a forum like IV, and then I believe it will be another effort to get it there.
Given retrogression has some what a known issue, does any one think ... this will be mentioned any way in the address.
Specially a forum like IV, and then I believe it will be another effort to get it there.
Given retrogression has some what a known issue, does any one think ... this will be mentioned any way in the address.
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ursosweet
10-02 08:55 PM
so when is a visa no. allocated?
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
more...
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gc_check
09-08 08:14 PM
No, Did not port to EB3, He is EB3, Filed for 485 in July '07 fiasco. He is consulting his attorney to see, what to do about the unusual approval. Also did not receive the FP, after filing for 485 in July '07 until last month, when they did the first FP mid-august. Pretty sure about that, from what I heard from my friend.
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senk1s
11-09 01:28 AM
We were not even included in this counting :)
our ND is in Oct
our ND is in Oct
more...
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sammyb
11-19 10:47 AM
did the whole NSC USCIS team when for TG turkey hunt :D... no update till now .. any info from anyone here...
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insbaby
01-12 12:32 PM
All,
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
From Indian Embassy, Washington DC.
Guidelines for Indian Passport Holders
(i) Your passport is a valuable document. It should always be retained either in your private custody or in the custody of a person duly authorized by you. Passport should not be sent out of the country of residence by post. If the passport is lost or destroyed, the fact and circumstances should be immediately reported to the nearest Indian Mission and the local police. PLEASE KEEP A PHOTOCOPY OF YOUR PASSPORT IN A SAFE PLACE. WITHOUT DETAILS OF THE LOST/DAMAGED PASSPORT, THE ISSUE OF A DUPLICATE PASSPORT MAY BE DELAYED.
There are few potential issues you could face:
1. Passport lost in mail (Will happen 90% of the time when you ship your passport overseas, believe me.). You may think FedEx is the best courier. They will pay $100 for the lost passport, if you have insured, then it may be $300.
2. If the receiver of your lost passport is an unautherized person, then your trouble is multiplied by 100.
3. Your package WILL BE OPENED by mumbai customs officers. When they see your passport, the receiver of your package must answer questions continously for few months.
4. Now you are in a foreign country without your passport. When you file for a new passport, you have to submit a police report and you can not lie. You have to tell them that you missed while sending overseas. Indian embassy lists clearly that you should not do.
It would be better stay on your AP, or spend another $1500, and take 1 week off from work, go there get it stamped.
The message sounds very rude, but I have seen the experience of missing passport in a foreign country.
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
From Indian Embassy, Washington DC.
Guidelines for Indian Passport Holders
(i) Your passport is a valuable document. It should always be retained either in your private custody or in the custody of a person duly authorized by you. Passport should not be sent out of the country of residence by post. If the passport is lost or destroyed, the fact and circumstances should be immediately reported to the nearest Indian Mission and the local police. PLEASE KEEP A PHOTOCOPY OF YOUR PASSPORT IN A SAFE PLACE. WITHOUT DETAILS OF THE LOST/DAMAGED PASSPORT, THE ISSUE OF A DUPLICATE PASSPORT MAY BE DELAYED.
There are few potential issues you could face:
1. Passport lost in mail (Will happen 90% of the time when you ship your passport overseas, believe me.). You may think FedEx is the best courier. They will pay $100 for the lost passport, if you have insured, then it may be $300.
2. If the receiver of your lost passport is an unautherized person, then your trouble is multiplied by 100.
3. Your package WILL BE OPENED by mumbai customs officers. When they see your passport, the receiver of your package must answer questions continously for few months.
4. Now you are in a foreign country without your passport. When you file for a new passport, you have to submit a police report and you can not lie. You have to tell them that you missed while sending overseas. Indian embassy lists clearly that you should not do.
It would be better stay on your AP, or spend another $1500, and take 1 week off from work, go there get it stamped.
The message sounds very rude, but I have seen the experience of missing passport in a foreign country.
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fromnaija
02-25 07:18 PM
can anybody help me here?
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
for_ac21iv
06-01 03:26 PM
Hello all - Thank you,
I am impressed with the response to this poll.
Within minutes of creating the poll, I saw a lot of views and
good number of people expressing interest towards a new
separate bill for legal immigrants.
How can we take this forward ?
Can core members of IV comment on this option please ?
Can I call and talk to someone to discuss this at IV ?
PCS -- thank you.
regards,
I am impressed with the response to this poll.
Within minutes of creating the poll, I saw a lot of views and
good number of people expressing interest towards a new
separate bill for legal immigrants.
How can we take this forward ?
Can core members of IV comment on this option please ?
Can I call and talk to someone to discuss this at IV ?
PCS -- thank you.
regards,
chanduv23
03-27 09:52 AM
My wife is currently on a H1b doing her residency. When she was on h4, she wanted to do research or observership on a voluntary basis so that she can get some good letters and also have her name on papers and journals.
She got into a research position as a "research volunteer" at Emory University in Atlanta and was an unpaid volunteer. After getting into that position she figured out that the department was actually advertising for that position for a "research assistant" position - which is a salaried position but they could not really find people to fill that position and because they found her promising and did not want to lose her, they offered her a research position.
Without her knowledge she was a regular worker and was dumped with regular work like a paid employee (though she was not paid). They stressed her out and not flexible with hours and never allowed her to study for USMLE etc... and were expecting her to continue that way for 3 months she worked and worked. So I interfered and stopped her from going there, and we wrote a strong letter to the Head of Cardiology at Emory, who got pissed off because she was not aware that the position was not being paid and the department did not officially want to acknowledge that they did it. So they called her to the department and "WARNED" her not to have any kind of communication and not to step into the department or talk to anyone for any reason. We got pissed and we strongly requested for a "Research Experience Letter" which they told they will mail us. We never recieved any mail for 3 months and then one day we called heer superior doctor and blasted her on phone and she in turn blasted us saying we must not call her. Then after a few weeks, we emailed the department politely asking for a experience letter and pleaded them and used a lot of sugar coated words with a lot of A** Ki***" and finally we got a decent letter. Then after a few weeks, the department sent her an email asking her if she still wants her name to be on a paper she worked on, she replied she wanted to. Then they responded that it is not possible to have her name as she was never working there and in future there must not be any communication from us.
The reason I wrote all this is : Most of you people seem to be desperate to work around the system for your benefit. As people do it, it becomes a mess.
Ours was a genuine case and see how an organization like Emory can do whatever they want for their advantage.
So it all depends on the kind of people you deal with - if you want to work on h4 just for sake of experience - expect the unexpected.
Most skilled immigrants are capable of doing great work if allowed to do but we are unable to do it , and organizations that break rules (Desi consultants or Microsoft or Emory or anyone for that sake) - will have only one motive - to exploit your skill and get the work done. In case of any issues, they will "scapegoat you" and make themselves look clean. So think twice before get attracted to breaking rules.
She got into a research position as a "research volunteer" at Emory University in Atlanta and was an unpaid volunteer. After getting into that position she figured out that the department was actually advertising for that position for a "research assistant" position - which is a salaried position but they could not really find people to fill that position and because they found her promising and did not want to lose her, they offered her a research position.
Without her knowledge she was a regular worker and was dumped with regular work like a paid employee (though she was not paid). They stressed her out and not flexible with hours and never allowed her to study for USMLE etc... and were expecting her to continue that way for 3 months she worked and worked. So I interfered and stopped her from going there, and we wrote a strong letter to the Head of Cardiology at Emory, who got pissed off because she was not aware that the position was not being paid and the department did not officially want to acknowledge that they did it. So they called her to the department and "WARNED" her not to have any kind of communication and not to step into the department or talk to anyone for any reason. We got pissed and we strongly requested for a "Research Experience Letter" which they told they will mail us. We never recieved any mail for 3 months and then one day we called heer superior doctor and blasted her on phone and she in turn blasted us saying we must not call her. Then after a few weeks, we emailed the department politely asking for a experience letter and pleaded them and used a lot of sugar coated words with a lot of A** Ki***" and finally we got a decent letter. Then after a few weeks, the department sent her an email asking her if she still wants her name to be on a paper she worked on, she replied she wanted to. Then they responded that it is not possible to have her name as she was never working there and in future there must not be any communication from us.
The reason I wrote all this is : Most of you people seem to be desperate to work around the system for your benefit. As people do it, it becomes a mess.
Ours was a genuine case and see how an organization like Emory can do whatever they want for their advantage.
So it all depends on the kind of people you deal with - if you want to work on h4 just for sake of experience - expect the unexpected.
Most skilled immigrants are capable of doing great work if allowed to do but we are unable to do it , and organizations that break rules (Desi consultants or Microsoft or Emory or anyone for that sake) - will have only one motive - to exploit your skill and get the work done. In case of any issues, they will "scapegoat you" and make themselves look clean. So think twice before get attracted to breaking rules.
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