chaanakya
11-10 04:18 PM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
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gee_see
09-19 11:13 AM
Relax guys. My online status still showing "Fingerprinting fee rejected and case is in suspense" despite having finger printing done at ASC a year back.
greencardfever
02-17 12:43 PM
Hi,
I'm a bachelor and applied for 485 in July '07. I got my EAD, AP, FP etc. I'm using my H1B visa to work (not my EAD).
I'm currently working for Company X that filed by 485. If I do an H1B transfer and work full time for my client, Company Y, then after getting married and my priority date becoming current, who has to file my spouse's 485 - Company X, Company Y or can I go to any independent lawyer that is not working for Company X or Y?
Is the 485 application linked to the company that filed my labor and 140?
Please let me know.
Thanks,
greencardfever
I'm a bachelor and applied for 485 in July '07. I got my EAD, AP, FP etc. I'm using my H1B visa to work (not my EAD).
I'm currently working for Company X that filed by 485. If I do an H1B transfer and work full time for my client, Company Y, then after getting married and my priority date becoming current, who has to file my spouse's 485 - Company X, Company Y or can I go to any independent lawyer that is not working for Company X or Y?
Is the 485 application linked to the company that filed my labor and 140?
Please let me know.
Thanks,
greencardfever
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santb1975
12-09 01:59 PM
to the omnibus funding drive
http://immigrationvoice.org/forum/showthread.php?t=15905
I wish I can be a bad cop and push this thread down but I am bumping it up instead. Now I have to bump my favorite omnibus drive up :(
Situation:
H1b valid until 2010, visa stamp expired.
AP available
Not recieved EAD yet
Can you we go on a cruise to Bahamas?
Also do Indian citizens need visa to Bahamas cruise?
Thanks in advance
http://immigrationvoice.org/forum/showthread.php?t=15905
I wish I can be a bad cop and push this thread down but I am bumping it up instead. Now I have to bump my favorite omnibus drive up :(
Situation:
H1b valid until 2010, visa stamp expired.
AP available
Not recieved EAD yet
Can you we go on a cruise to Bahamas?
Also do Indian citizens need visa to Bahamas cruise?
Thanks in advance
more...
onemorecame
07-13 02:01 PM
i'm just putting my opinion in my way. that's what this forum is for. atleast not talking BS, just staying on the main topic.
btw u answered for ur urself, i'll just repeat with a change "why are you replying to this!" go see a doctor, is my advise.
Sir with High Regard,
My request is that if you are starting something like personal discussion then
Please don't put message which look like something is confirmed like your topic �Secret news! Per country limit would be removed�.
this sense like something confirmed and people will come and read.
don't feel bad if people are pointing you for something good for everybody.
Thanks with high regard again :)
btw u answered for ur urself, i'll just repeat with a change "why are you replying to this!" go see a doctor, is my advise.
Sir with High Regard,
My request is that if you are starting something like personal discussion then
Please don't put message which look like something is confirmed like your topic �Secret news! Per country limit would be removed�.
this sense like something confirmed and people will come and read.
don't feel bad if people are pointing you for something good for everybody.
Thanks with high regard again :)
longwait4gc
02-08 06:39 PM
Disclaimer - This is only based on my knowledge gathered from different forums so take it as its worth.
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
I agree with your research on India's tax Status. But I believe for US tax purpose we wont be Resident Alien unless we pass Substantial Presence test (unless we have a GC). We will be considered as Non Resident Aliens. The standard deduction for NRA's is 3k not 10K. Above 3K we need to pay 30% flat rate tax. If you have 30K and if you withdraw 10K per year then your tax will be paying 2100$ tax and 1000$ withdrawl penalty per year. In summary your tax rate could be upto 40%.
One other strategy is withdraw everything the leaving year and pay tax and put it in some investment like stocks, mutual funds or some savings. The gains wont be taxed in US if you are NRA (There are some exceptions like real estate stocks etc.). It won't be taxed in India due to RNOR status. So you can avoid taxes on the gain.
Disclaimer: Above is my interpretation from NRA tax law which could be wrong.
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
I agree with your research on India's tax Status. But I believe for US tax purpose we wont be Resident Alien unless we pass Substantial Presence test (unless we have a GC). We will be considered as Non Resident Aliens. The standard deduction for NRA's is 3k not 10K. Above 3K we need to pay 30% flat rate tax. If you have 30K and if you withdraw 10K per year then your tax will be paying 2100$ tax and 1000$ withdrawl penalty per year. In summary your tax rate could be upto 40%.
One other strategy is withdraw everything the leaving year and pay tax and put it in some investment like stocks, mutual funds or some savings. The gains wont be taxed in US if you are NRA (There are some exceptions like real estate stocks etc.). It won't be taxed in India due to RNOR status. So you can avoid taxes on the gain.
Disclaimer: Above is my interpretation from NRA tax law which could be wrong.
more...
sweet_jungle
03-03 03:07 PM
Thanks
How long is it taking for renewing passport at San Francisco?
How long is it taking for renewing passport at San Francisco?
2010 Nicki Minaj#39;s PR people should
natrajs
08-24 08:08 AM
FP notice will come later.
more...
neo_ny
10-30 09:06 AM
dvb - Which airport/office did you get this done at? Is there a link to look up? My firm has applied for I-94 extension but it is taking upwards of 6 months for approval so if this can be fixed via a trip to the CBP office I would like to try to do it. Thanks for your input.
Neo
Neo
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loudobbs
08-23 05:37 PM
I guess you can either come back or reschedule you FP appt...
My wife plans for a vacation for 4 months. Should we wait for FP, complete the process and then go or we can do it later. How much time do we have after we get our FP notice.
filed on 16th july no receipts yet.
thanks
My wife plans for a vacation for 4 months. Should we wait for FP, complete the process and then go or we can do it later. How much time do we have after we get our FP notice.
filed on 16th july no receipts yet.
thanks
more...
kumarc123
11-24 10:31 AM
Listen,
What difference does it make if it is EB@ or EB3, the point is, we should stand UNITED we all benefit. If the recapture visa bill passes, then we all will benefit.
Please don't post any more viewpoints stating " I wont fight"
It is your loss and everyone's . If you choose to step out of IV and fight all by yourself, I wish you all the best.
We senior members have been fighting for the greater cause, it for you junior members to carry this forward. The foundation of IV has to be strong, it has been strong.
IV has not patience for people who want to discriminate between EB2 or EB3, we need people who see a broader perspective of things, EB community as a whole.
If the recapture visa bill passes, think we all will benefit, will we still question about EB2 or EB3.
Please be wise and be patient, we need everyone to change this system
What difference does it make if it is EB@ or EB3, the point is, we should stand UNITED we all benefit. If the recapture visa bill passes, then we all will benefit.
Please don't post any more viewpoints stating " I wont fight"
It is your loss and everyone's . If you choose to step out of IV and fight all by yourself, I wish you all the best.
We senior members have been fighting for the greater cause, it for you junior members to carry this forward. The foundation of IV has to be strong, it has been strong.
IV has not patience for people who want to discriminate between EB2 or EB3, we need people who see a broader perspective of things, EB community as a whole.
If the recapture visa bill passes, think we all will benefit, will we still question about EB2 or EB3.
Please be wise and be patient, we need everyone to change this system
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fromnaija
10-04 10:48 AM
Hello gg_ny,
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
The problem as I it was traveling on your old passport after you obtained a new one. You could have travelled on the new one attached to the old one and your change of name document.
I concur with others...you need to sort this out fast before you land in trouble. See an immigration attorney quickly. My 2 cents.
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
The problem as I it was traveling on your old passport after you obtained a new one. You could have travelled on the new one attached to the old one and your change of name document.
I concur with others...you need to sort this out fast before you land in trouble. See an immigration attorney quickly. My 2 cents.
more...
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voldemar
03-07 02:30 PM
It seems that a solution to a case like that would be the SKIL bill or an amendment to this existing H lawAgree with that. But your language in previous message is completely unacceptable. It was like reading something on NumbersUsa.:(
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bomber
08-07 07:17 PM
Call USCIS and get your reciept number. Simple as that.
Got the receipt numbers already, was worried about the physical receipt notice.
Got the receipt numbers already, was worried about the physical receipt notice.
more...
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dyamannavar
06-17 04:24 PM
I am in a similar situation but last year I got a marriage certificate from the Consulate in NY but I am not sure whether this will be enough. I am going to talk to my lawyer tomorrow.
Thanks,
Rajeev
i dont have a marriage certificate, can an affidavit from both parents be used instead of a marriage certificate?
Thanks,
Rajeev
i dont have a marriage certificate, can an affidavit from both parents be used instead of a marriage certificate?
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rjgleason
June 11th, 2004, 11:34 PM
I appologize profusely for the misunderstanding... entirely mea cupla. :(
Anyway, you won't have to worry about having to see any bit of me anymore... perhaps there's somewhere where someone who shoots non-Canon equipment that doesn't have a CMOS or CCD inside it is welcome. Goodbye.
No need to apologize or leave and this site is not just for Canon or Nikon users but a site that is communal and not dictated by opinions.
I hope you don't leave.........I'd miss your valuable contributions. To add what Matt said about water under the bridge........the water flows but the bridge still stands.
Anyway, you won't have to worry about having to see any bit of me anymore... perhaps there's somewhere where someone who shoots non-Canon equipment that doesn't have a CMOS or CCD inside it is welcome. Goodbye.
No need to apologize or leave and this site is not just for Canon or Nikon users but a site that is communal and not dictated by opinions.
I hope you don't leave.........I'd miss your valuable contributions. To add what Matt said about water under the bridge........the water flows but the bridge still stands.
more...
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bskrishna
06-19 09:06 PM
no updates from MI chapter
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karthkc
07-16 05:14 PM
On the left upper hand corner of every post you will find 3 icons. Click on middle one and a drop down menu pops out. If you click -- I approve then its a green dot and if you click I disapprove then its a red.
Correct me if I am wrong.
Thanks! I finally found it..
Slight Correction...Its the upper right hand corner, next to the post #...
Correct me if I am wrong.
Thanks! I finally found it..
Slight Correction...Its the upper right hand corner, next to the post #...
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techbuyer77
09-17 02:37 PM
Techbuyer, thanks :) You fully deserve your GC dude. You waited your turn to get your GC!!
I realize that a Lot of people have to wait longer that I did and I realize that is frustrating, but if anything I will pay forward the help I got here coming back and helping others.
I realize that a Lot of people have to wait longer that I did and I realize that is frustrating, but if anything I will pay forward the help I got here coming back and helping others.
manishcp
10-08 07:59 AM
Smaething NO LUD yet
psaxena
07-01 12:05 PM
My experience was just great. My company had inhouse immigration deptt and their own attorney as employees.. She was just great and very transparent on every process. She sent all the documents and updated my at every step on where I stand.
I really respect that lady, who was doing way beyond her job profile to keep us updated and well informed. never paid anything for the attorney service or GC filing except a one time fee of $500 when the company hired some attorneys on contract to get over the overwhelming request during July fiasco. The attorney also adviced me and guided me on how to leave the company and what is AC-21 and how to do that. So gave me a lot of pointers on how to choose a new attorney. Though I had a lot of conflict of interest with my company policy and management, one thing I always appreciated about it was that their healthcare and immigration was far better than any company in US. Now I heard its not great and employees have issues related to this. I paid on $15 for the delivery of the baby and that was the total amount I paid in 9 months .. thats it.
The crux of the story is , when choosing a company , initially these things really dun matter but in the long run these are things that really matters, I would suggest everyone who is switching the companies, make sure the company has the right healthcare plan and immigration services. Do not hesitate to discuss this with the HR. I always do and make it clear, whenever I am questioned by HR , I just tell them , "The company has selected me but I haven't selected the company yet." The HR also has the pressure to close the position they will provide you with all the different options. Do not always run for the $$$ a few 1000 $$$ doesn't make the difference as at the end of the day those also shrink with tax and deductions, but the perks like these stay and pay more than $$$
I really respect that lady, who was doing way beyond her job profile to keep us updated and well informed. never paid anything for the attorney service or GC filing except a one time fee of $500 when the company hired some attorneys on contract to get over the overwhelming request during July fiasco. The attorney also adviced me and guided me on how to leave the company and what is AC-21 and how to do that. So gave me a lot of pointers on how to choose a new attorney. Though I had a lot of conflict of interest with my company policy and management, one thing I always appreciated about it was that their healthcare and immigration was far better than any company in US. Now I heard its not great and employees have issues related to this. I paid on $15 for the delivery of the baby and that was the total amount I paid in 9 months .. thats it.
The crux of the story is , when choosing a company , initially these things really dun matter but in the long run these are things that really matters, I would suggest everyone who is switching the companies, make sure the company has the right healthcare plan and immigration services. Do not hesitate to discuss this with the HR. I always do and make it clear, whenever I am questioned by HR , I just tell them , "The company has selected me but I haven't selected the company yet." The HR also has the pressure to close the position they will provide you with all the different options. Do not always run for the $$$ a few 1000 $$$ doesn't make the difference as at the end of the day those also shrink with tax and deductions, but the perks like these stay and pay more than $$$
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