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  • priti8888
    02-18 06:19 PM
    Maintaining legal visa status is not considered a deductible employee business expense. The IRS considers this as a personal expenditure


    http://www.neidhartcpa.com/deduct.html


    Medical expenses may be deductible but it won't exceed 7.5 % of your AGI so eventually it wont be deductible.




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  • blacktongue
    01-26 03:30 PM
    Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

    US needs EB1 and Ph.Ds

    Others not contribute as much




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  • nissan_1
    11-30 12:59 PM
    Thanks for your reply guys..I have 71 points (with 16 language point). Hence I have to get at least 12 points in language skill. I think i will have to sit for IELTS..no other choice man :( But I have found in one canadian immigration forum that one guy with similiar situation replied back to canadian consulate that he studied English from school and also his work experiance is in english and he really thinks he should get 16 points. And then the embassy called him for an interview in NY and finally he got his PR. But this is just one example, everyone else ultimately took IELTS...

    For me I have to fly to a different city as there is no IELTS center here...The IELTS gonna cost me some $$$ :((((

    I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.

    Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.

    I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.




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  • mmanurker
    04-13 11:48 AM
    I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
    1. if the LCA filed will any longer be valid and that might cause issues with labor dept
    2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
    3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

    when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


    You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.



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  • sobers
    07-04 12:06 PM
    "It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.

    "We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."

    http://www.latimes.com/news/local/la-me-skilledvisa3jul03,1,1670817.story?page=2&cset=true&ctrack=1




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  • Lucky7
    12-04 09:22 PM
    [QUOTE=GCwaitforever]That is somewhat slavish mentality. For a different perspective ... In the words of Curt Flood, "A well-paid slave is nonetheless a slave".

    I think you hit the nail on the head GC,even though i get paid very nicely i honestly feel like a slave every single day for the past 6 yrs.
    The last job i had to turn down was with a fortune 100 company and would have got to work on retrofit work on the Petronas Towers,every Architects dream, but had to turn it down because i cant travel till i get my GC cleared.
    As far as a lawsuit i think if DOL does not clear all cases by end of 2007 all people affected should donate $300 towards a class action lawsuit,people who can afford more should donate more obviously,and even if it does not achieve much at least it would get pulblic attention.



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  • blacktongue
    01-20 11:32 AM
    Any EB3 here?
    Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)




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  • nyckings
    10-15 12:44 PM
    My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

    Here is the immigration status so far:
    1. Current H1 valid from Oct 09-Sep 11 with I-94
    2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
    3. Had L1 visa stamping in Jan 2006.

    So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

    Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

    Now my last option is to apply for AP for my wife while she is in India.

    Can I apply for AP when she is in India?


    Thanks



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  • wa_Saiprasad
    01-02 01:08 PM
    I have sent you a private message.




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  • bmoni
    01-22 04:33 PM
    Talk to your attorney. I think recent supreme court rule gives us the ability to appeal it. If it was an wrongful denial.

    Don't lose your hope. Keep up the fight.



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  • vinzak
    01-07 12:10 PM
    waitingwaiting, may you could change the subject of this thread to something like "Bill to move DV numbers to EB!!!". It'll probably get more attention.




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  • mdforgc
    05-19 04:48 AM
    I am not a lawyer, just an immigrant who waded thru these, stil pending GC 485 filed. The issue is, if your employer revokes your 140 before it is approved, or worse yet, if it is not filed, I dont know what visa u r on or how much is left on it. In any case, from my experience, you have to be able to know and track ur application once it is filed, as in my experience there is an unholy nexus betwween employers and lawyers, not to mention the inherent delaying nature of these immigration lawyers. Points

    1. Be able to track ur application on USCIS website with the receipt number
    2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.



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  • coopheal
    01-26 08:52 AM
    Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.

    Your comment is deplorable. Any step for legal immigration will help you.
    Please focus on what is being done, instead of dividing the community.




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  • jsb
    11-29 04:22 PM
    It may be better to get a bank-draft or money-order for required C$, and attach to the application. In any case, Canadians are far more accomodating, they will not reject your app just because fee was not right to the cents.



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  • fortune50
    07-17 10:52 PM
    You are OK. This is taken from the 485 instructions.
    File all employment-based AOS applications at the following address:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.

    what does this mean ? did I file to wrong Service Center?:(




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  • sroyc
    08-03 12:32 PM
    There is no box for A#. The fields are - Receipt #, Case Type (I-140), Receipt Date, Priority Date, Petitioner, Notice Date, Page (1 of 1), Beneficiary, Law firm's name and address, Notice Type (Approval, Preference category).

    This was around April 2006. Maybe they changed the format?

    There should be a box for A number, is it blank?



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  • Jerry2121
    07-06 09:26 PM
    Hello ,
    Here is a run down on my case:
    First I-485 applied in 6/2002,
    Fingerprint done, EAD obtained in 2/03
    Application withdrawn by spouse due to conviction
    Second I-485 applied by my 2nd DW in 7/05
    Interview granted in 5/06
    Case still pending due name check
    GC? till date
    Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks !




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  • GC092003
    04-18 11:33 AM
    I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
    Please give me your advice.




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  • bigboy007
    12-10 02:31 PM
    bump^^^^^^^^^^^




    wandmaker
    02-26 05:37 PM
    wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .

    What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .

    I know every one wants to help others in our community but think twice before replying

    I see the good intentions of your statement. Not sure, whether you really got what I really wanted to convey to to OP. Giving 1% of benefit of doubt based on (2), I was trying to find out

    (1) The reason for amendment denial
    (2) Whether the employer is exploiting him due to his ignorance
    (3) Whether the employer is abusing the immigration system.

    BTW, Dig through my posts on this thread and other - You will realize that I'm against everyone who abuses the system.




    venky08
    09-25 05:00 PM
    you have till december to find a job. thats 2-3 months. put all your energy to find a new job and ask the new employer to file H1B. if you can find a job in a good company you will have another stab at it. stay away from consultancies this time if thats what causing the rejection...you need to elaborate more on your situation to exactly know what your options are (field of study/experioence etc)....

    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.



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