meridiani.planum
12-11 12:26 PM
Hi Everyone,
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
check_name
07-26 07:05 PM
wow, thanks a lot for the reply!
I will come back often to update and do my share of contribution.
seriously, I feel the green card process is getting worse and worse.
my friends told me that things were not that bad prior to 2002.
starting 2002, it went downhill like a free fall. I have friends who haven't got their labor (turned in late 2002) done. some of them got laid off recently, and they have to go from zero again. they're seriously considering leaving the States.
Green card is like a rope on the neck.
I will come back often to update and do my share of contribution.
seriously, I feel the green card process is getting worse and worse.
my friends told me that things were not that bad prior to 2002.
starting 2002, it went downhill like a free fall. I have friends who haven't got their labor (turned in late 2002) done. some of them got laid off recently, and they have to go from zero again. they're seriously considering leaving the States.
Green card is like a rope on the neck.
puddonhead
07-23 02:56 PM
Assuming you have very good credit history - you may also consider getting Citibank PremierPass Elite card. It gives you 1 thankyou point for each mile - multiplied by the number of travellers when you book using this card. This is in addition to any airline miles you will earn.
I got $500 of gift cards (staples/sears etc.) and cash checks from encashing the thankyou points (roughly fifty something thousand) from my last India trip. This card has $75 yearly fee - but that is more than compensated by the 20,000 bonus thank you points they give for enrolling in the card.
And if you have a long layover like I had (7 hours) - maybe you could even consider one of those cards which gives you free lounge access. I have Citibank Platinum Amex. These cards require even better credit history than Premierpass Elite. Again - all these cards have yearly fee - but you can get bonus for enrolling which compensates for these. Mine has a $125/yr fee and gave me a bonus of 20,000 thankyou point for enrolling.
I typically go to india every alternate year. My plan is to cancel these cards every year and re-enroll just before I travel.
I got $500 of gift cards (staples/sears etc.) and cash checks from encashing the thankyou points (roughly fifty something thousand) from my last India trip. This card has $75 yearly fee - but that is more than compensated by the 20,000 bonus thank you points they give for enrolling in the card.
And if you have a long layover like I had (7 hours) - maybe you could even consider one of those cards which gives you free lounge access. I have Citibank Platinum Amex. These cards require even better credit history than Premierpass Elite. Again - all these cards have yearly fee - but you can get bonus for enrolling which compensates for these. Mine has a $125/yr fee and gave me a bonus of 20,000 thankyou point for enrolling.
I typically go to india every alternate year. My plan is to cancel these cards every year and re-enroll just before I travel.
kaisersose
01-22 04:37 PM
The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
more...
soarin3655
04-08 02:41 PM
US taxman gets after Indian-Americans - The Times of India (http://timesofindia.indiatimes.com/nri/news/US-taxman-gets-after-Indian-Americans/articleshow/7915510.cms)
US taxman gets after Indian-Americans
Chidanand Rajghatta, TNN | Apr 8, 2011, 09.40pm IST
On Thursday, the US govt filed a petition with the court to allow the IRS to serve what is known as a "John Doe" summons on HSBC Bank.
WASHINGTON: When you do a good deed, get a receipt, just in case heaven is like the IRS, goes the sagely tax advice in America. Some 9000 Indian-Americans are about to discover that tales of the dreaded Internal Revenue Service's omnipresence are not entirely exaggerated.
While millions of Americans are sweating it out to file their tax returns before the April 15 deadline, Uncle Sam's taxman has zeroed in wealthy Indian-Americans suspected of using their native land to stash away undeclared money and evade taxes. Yes; while India has long believed its wealthy has stashed away money abroad, the wheel has turned a full circle. The US now says its Indian-American citizens are using India as a tax haven.
In a surprising move that takes the American hunt for hidden money beyond the usual Swiss and Caribbean tax havens, the US Justice Department's civil tax division on Thursday asked a Federal Court's permission to force the London-based HSBC Bank to disclose names of thousands of wealthy Indian-American clients who it says maintain accounts with more than $ 100,000 in the bank's India branches -- ostensibly to hide it from the IRS taxman.
In a 47-page statement filed before a San Francisco court, the IRS said there were 9,000 US residents of Indian-origin who had $100,000-minimum-balance accounts at HSBC India but that fewer than 1,400 had disclosed existence of their accounts. US laws require citizens to disclose any foreign account containing $10,000 or more.
The US hunt for Indian-American tax evaders follows a case early this year when federal prosecutors nailed Vaibhav Dahake, a US citizen and an HSBC client for tax evasion by stashing money in India. According to documents filed with the government's petition, on Jan. 26, 2011, a grand jury in Newark, New Jersey, indicted Dahake, charging him with conspiracy to defraud the United States by using undeclared accounts in the British Virgin Islands and at HSBC India.
According to those documents, employees of HSBC Holdings plc and its affiliates operating in the United States assured Dahake that accounts maintained in India would not be reported to the IRS.
US authorities, attributing the information to HSBC's website, say that in 2002 HSBC India opened a "representative office" at an HSBC USA office in New York City to enable ''Non-Resident Indians'' (NRIs) living in the United States to open accounts in India. In 2007, HSBC India allegedly opened a second representative office at an HSBC USA office in Fremont, Calif., purportedly "to make banking transactions more convenient for the NRI community based in California." Although HSBC India closed those offices in June 2010, the government alleges that NRI clients may still access their accounts at HSBC India from the United States.
According to the petition documents, NRI clients have told IRS investigators that HSBC's NRI representatives in the United States assured them that they could invest in accounts at HSBC India without paying US income tax on interest earned on the accounts and that HSBC would not report the income earned on the HSBC India accounts to the IRS.
"The Department of Justice is committed to ensuring that all US taxpayers meet their obligations to declare and pay taxes on foreign bank accounts," John A. DiCicco, Principal Deputy Assistant Attorney General for the Justice Department's Tax Division, said in a statement. "The ability to hide accounts in foreign countries is rapidly dwindling. We will continue working hand-in-hand with the IRS to enforce the tax laws against those who are using offshore accounts � wherever they are located � to evade taxes."
The IRS focus on India and Indian-Americans follows a campaign against undeclared offshore accounts held by US taxpayers, primarily in tax havens such as Switzerland and the Caribbean. In a landmark case in 2009, the IRS went after UBS AG for allowing U.S citizens hide their assets and evade taxes. UBS coughed up $780 million in fines, and more importantly, turned over some 4000 names in a precedent-setting case.
"The IRS continues to focus its attention on international tax evasion," IRS Commissioner Douglas Shulman said on Thrusday about the HSBC India case. ''This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I've said all along, our international efforts are not about just one country or one bank � it's about our wider effort to ensure compliance with the nation's tax laws."
Meanwhile, an HSBC spokesperson in New York told wire services that the bank has been engaged in a "constructive dialogue" with US authorities and hoped the issue can be resolved expeditiously. "HSBC does not condone tax evasion and fully supports the US efforts to promote appropriate payment of taxes by US taxpayers," spokeswoman Juanita Gutierrez said, adding that the bank complies with the law in all the jurisdictions and cooperates with requests from US authorities.
US taxman gets after Indian-Americans
Chidanand Rajghatta, TNN | Apr 8, 2011, 09.40pm IST
On Thursday, the US govt filed a petition with the court to allow the IRS to serve what is known as a "John Doe" summons on HSBC Bank.
WASHINGTON: When you do a good deed, get a receipt, just in case heaven is like the IRS, goes the sagely tax advice in America. Some 9000 Indian-Americans are about to discover that tales of the dreaded Internal Revenue Service's omnipresence are not entirely exaggerated.
While millions of Americans are sweating it out to file their tax returns before the April 15 deadline, Uncle Sam's taxman has zeroed in wealthy Indian-Americans suspected of using their native land to stash away undeclared money and evade taxes. Yes; while India has long believed its wealthy has stashed away money abroad, the wheel has turned a full circle. The US now says its Indian-American citizens are using India as a tax haven.
In a surprising move that takes the American hunt for hidden money beyond the usual Swiss and Caribbean tax havens, the US Justice Department's civil tax division on Thursday asked a Federal Court's permission to force the London-based HSBC Bank to disclose names of thousands of wealthy Indian-American clients who it says maintain accounts with more than $ 100,000 in the bank's India branches -- ostensibly to hide it from the IRS taxman.
In a 47-page statement filed before a San Francisco court, the IRS said there were 9,000 US residents of Indian-origin who had $100,000-minimum-balance accounts at HSBC India but that fewer than 1,400 had disclosed existence of their accounts. US laws require citizens to disclose any foreign account containing $10,000 or more.
The US hunt for Indian-American tax evaders follows a case early this year when federal prosecutors nailed Vaibhav Dahake, a US citizen and an HSBC client for tax evasion by stashing money in India. According to documents filed with the government's petition, on Jan. 26, 2011, a grand jury in Newark, New Jersey, indicted Dahake, charging him with conspiracy to defraud the United States by using undeclared accounts in the British Virgin Islands and at HSBC India.
According to those documents, employees of HSBC Holdings plc and its affiliates operating in the United States assured Dahake that accounts maintained in India would not be reported to the IRS.
US authorities, attributing the information to HSBC's website, say that in 2002 HSBC India opened a "representative office" at an HSBC USA office in New York City to enable ''Non-Resident Indians'' (NRIs) living in the United States to open accounts in India. In 2007, HSBC India allegedly opened a second representative office at an HSBC USA office in Fremont, Calif., purportedly "to make banking transactions more convenient for the NRI community based in California." Although HSBC India closed those offices in June 2010, the government alleges that NRI clients may still access their accounts at HSBC India from the United States.
According to the petition documents, NRI clients have told IRS investigators that HSBC's NRI representatives in the United States assured them that they could invest in accounts at HSBC India without paying US income tax on interest earned on the accounts and that HSBC would not report the income earned on the HSBC India accounts to the IRS.
"The Department of Justice is committed to ensuring that all US taxpayers meet their obligations to declare and pay taxes on foreign bank accounts," John A. DiCicco, Principal Deputy Assistant Attorney General for the Justice Department's Tax Division, said in a statement. "The ability to hide accounts in foreign countries is rapidly dwindling. We will continue working hand-in-hand with the IRS to enforce the tax laws against those who are using offshore accounts � wherever they are located � to evade taxes."
The IRS focus on India and Indian-Americans follows a campaign against undeclared offshore accounts held by US taxpayers, primarily in tax havens such as Switzerland and the Caribbean. In a landmark case in 2009, the IRS went after UBS AG for allowing U.S citizens hide their assets and evade taxes. UBS coughed up $780 million in fines, and more importantly, turned over some 4000 names in a precedent-setting case.
"The IRS continues to focus its attention on international tax evasion," IRS Commissioner Douglas Shulman said on Thrusday about the HSBC India case. ''This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I've said all along, our international efforts are not about just one country or one bank � it's about our wider effort to ensure compliance with the nation's tax laws."
Meanwhile, an HSBC spokesperson in New York told wire services that the bank has been engaged in a "constructive dialogue" with US authorities and hoped the issue can be resolved expeditiously. "HSBC does not condone tax evasion and fully supports the US efforts to promote appropriate payment of taxes by US taxpayers," spokeswoman Juanita Gutierrez said, adding that the bank complies with the law in all the jurisdictions and cooperates with requests from US authorities.
insbaby
09-02 11:15 PM
I got 2 red dots for this .....Crazy people
Happy?
Happy?
more...
DDLMODES
07-10 10:00 AM
I'm not from India, can I come ???
:confused:
:confused:
Prazz002
07-19 02:06 PM
I think this applies only for existing cases that is if you already have a EAD number and applied for renual.
more...
chanduv23
12-01 06:27 AM
Guys,
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)
BEC_fog
02-27 09:10 AM
One interseting thing you mentioned about your current employer "which is paying me half of what I should be earning as a GC holder".
Not paying the prevailing wage that the employer promised in the GC application....I don't know if you can use that to move and show that you wanted to work but the employer was not paying the prevailing wage and you had no option but to leave? I am sure that this is illegal on part of the employer...make sure you keep your paystubs to show this. But consult an attorney to see what he/she thinks.
Not paying the prevailing wage that the employer promised in the GC application....I don't know if you can use that to move and show that you wanted to work but the employer was not paying the prevailing wage and you had no option but to leave? I am sure that this is illegal on part of the employer...make sure you keep your paystubs to show this. But consult an attorney to see what he/she thinks.
more...
calgirl
08-15 07:54 PM
Folks,
If I contact a Senator and they probe TSC for status, will my lawyer or the firm come to know I initiated this?
Any ideas.?
Thanks.
Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form
Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.
If I contact a Senator and they probe TSC for status, will my lawyer or the firm come to know I initiated this?
Any ideas.?
Thanks.
Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form
Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.
chanduv23
10-24 01:56 PM
Ramba,
Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.
I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.
Thanks guys!
-samcam
RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case
Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.
I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.
Thanks guys!
-samcam
RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case
more...
snarla
06-29 01:59 PM
My lawyers asked me to use the OPT number on all my forms where it asked for A# number of FileNumber ... I did not have a A# number on my I140
srinivas_o
08-24 12:01 AM
What do you mean by your post "Msg deleted"?
Msg deleted
Msg deleted
more...
NoEnd
07-09 05:43 PM
I am in the same boat here. It took a huge effort to convince new company to process H1 and now their attorney is saying they can not file H1 unless I140 and LC copies are provided. My current company does not provide those documents.
I140 approval is more than 180 days. Please help guys
Thanks
NoEnd
I140 approval is more than 180 days. Please help guys
Thanks
NoEnd
bijualex29
03-24 12:31 PM
If Total 290000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 43500 43500 101500
India NMT10% 29000 29000 29000
This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?
If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.
Total 770000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 115500 115500 269500
India NMT10% 77000 77000 77000
I may be totally wrong here. Please clarify me if I am wrong
Am I missing something here? Please clarify
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 43500 43500 101500
India NMT10% 29000 29000 29000
This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?
If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.
Total 770000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 115500 115500 269500
India NMT10% 77000 77000 77000
I may be totally wrong here. Please clarify me if I am wrong
Am I missing something here? Please clarify
more...
ibmguy
04-09 02:09 PM
Thanks to all who responded. I really appreciate your time. Your replies have really been useful. It seems like one can maintain both H-1B and I-485 adjudicating status simultaneously. Some employers probably go by the policy of continuing H-1B status. Only thing for me is that I will have to go for visa stamping which I really did not want to as it is such a hassle and takes a lot of time.
gcdreamer05
08-27 01:58 PM
As mentioned in your other post. This should have no bearing on your status.
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
eb2dec2005
10-01 07:57 PM
I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.
His confirmation number is 86FZ6-TMC55
My receipt number is : 5533-1428-2079-6501
His confirmation number is 86FZ6-TMC55
My receipt number is : 5533-1428-2079-6501
martinvisalaw
07-31 05:39 PM
My AP has expired in Jan 09. I am NOT planing to go out. My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?
It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.
It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.
paskal
12-09 12:20 AM
welcome guys, there is no state chapter other than us at this point, so indeed you are members :)
IV has created a whole new forum for chapters to form and discussions to open but I fear most people don't find their way there...
so far there have been just two of us.
well...we have doubled our group already to 4! I'm sure there will be more, we should start thinking about what we can do to help on a local level.
IV has created a whole new forum for chapters to form and discussions to open but I fear most people don't find their way there...
so far there have been just two of us.
well...we have doubled our group already to 4! I'm sure there will be more, we should start thinking about what we can do to help on a local level.
