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  • brij523
    11-12 04:07 PM

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.

    WOW. People ask so many questions!!

    Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.

    Have fun.

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  • funny
    09-16 12:22 PM
    It happened to me as well, Last year my denied my Wife AP the Reson was that her 485 is approved, we send them the letter that its not the case and it was a mistake.....In the end we had to re- apply. I wonder if they can Print it on the same day in case of an emergency, why can't they give you the one which is already approved....weired people ...weired USCIS...

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  • Pallavi79
    02-21 11:43 PM

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  • kukitron
    08-07 09:01 AM
    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance


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  • kondur_007
    11-09 02:54 PM
    Dear all,
    Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
    But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
    My quires are.
    1. Do i need to go for stamping in Canada or Mexico
    2. Can i work for company B with my H1B approval
    3. To start my new job, do my employer should change my status
    4. If going for stamping do my dependents also should join me.

    Actually i have very short time to make my plans , please help in finding solutions for all my quires.
    With Regards

    I have an entirely different opinion than what is mentioned above; so please read carefully:

    I understand that you are currently working on L1B visa and want to switch to H1b from Dec 19th. Your H1 petition is already approved.

    1. If your H1 approval notice (form I 797) has I-94 attached to it, that means it came with CHANGE OF STATUS. In that case you can simply start working from the start date mentioned on attached I 94 (will need new I 9 filed with employer; showing the change of status from that date as well).
    Now, your dependents will need to be on H4 status. Was their change of status filed along with your H1? If so and they all have H4 approval notice with attached I 94; they are ok and none of you need to go out of US for visa stamping.
    If you or your family do not have change of status (and therefore no attached I 94), change of status can even be filed now from within US; if that was not filed with original H1 petition; But you must file it before you can start working on H1.
    Another option is to go to Canada or Mexico for stamping for yourself and the family members; this is especially a good option if your education is from within US (something they can verify); if not they can ask you to go back to India to do so.

    So all depends on two things:
    1. Does your H1 approval notice have I 94 attached to it? what is the start date on that I 94?
    2. Do all your family members have H4 approval notice along with I 94 attached?

    If not; you either have to file change of status (and also H4 status for dependents if not already done) from here OR you have to get the visa stamped.

    Good Luck.

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  • ssreenu
    05-03 11:44 AM
    thanks a lot. that seems like a good idea. My CL is 10k on one CC and 12k on the other one but I will call my bank and request a raise and then do a balance transfer of as much as I can get.

    If you have more than one CC from the same institution let's say you have 3 CCs from BOA 1. AMEX 2. VISA 3. MC you can pool all the CLs together under one card which has the lowest interest rate and make a balance transfer from that CC. This will give you more edge. Ask the customer service for more details.

    I have done it several times now :P



  • anil_temp
    06-26 03:55 PM
    for me company is paying for everything except medical..

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  • texcan
    10-19 01:48 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?



    i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...

    I beleive it should be ok, as long as POE immigration does not ask for pay stubs.

    gurus, any input please.


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  • shana04
    01-09 12:00 AM
    We have a company lawyer. Only thing I have is 485 receipts, FP notice, EAD and AP.

    Nothing has been shared with us till I-140 approval.

    Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.

    I still doubt that USCIS will expect me to have these documents.

    Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?

    I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???

    One way to find out is, when you filled in your labor application (before PERM). Your attorney, just before filing for labor should have send you some papers to sign and fax it or mail it through post.

    There either you or your attorney shold have filled in job descriptions and job details (this should be the latest experience you had before filing the labor).

    One more way to find out, while filling in your I 140 petition if your attorney has send you documents to verify. Then you would find Job title specified in there.

    After you filed for labor and and if you have specified your address in labor, then a copy of certified labor goes to that address ( I have received one, it said a copy of the certified labor has been CC'd to Employer and attorney)

    To my knowledge that would be your best bet to find out job description and job title with out having labor cert in hand as I 140 approval does not say any thing.

    Good luck.

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  • arnet
    11-01 07:23 PM
    these site/threads will give more insights regd this issue:

    check the following threads:


    check the following uscis site -- under link immigration forms link on top and click I-140/I-485 application links:


    check the general I-140/I-485 issues threads and FAQ threads in immigrationportal:


    http://www.immigrationportal.com/sho...d.php?t=225746 (http://www.immigrationportal.com/showthread.php?t=225746)

    good luck!!!

    Disclaimer: I'm not an immigration attroney, consult one for your situations, as laws/procedures keep changing.

    Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?


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  • mrdelhiite
    07-11 01:05 PM

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  • gonecrazyonh4
    03-20 01:06 PM
    Does Talent Bill provision for work authorisation for H1B Spouses mean H4's will be allowed to work?


    Read below

    The TALENT Bill For Employment - Based - Immigration

    The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:

    * exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
    * create a market-based H-1B cap beginning with a base level of 115,000
    * revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas

    Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package


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  • BeCoolGuy
    04-16 04:29 PM
    Stay on H1B. Renewal does not have any such strict health checks or anything required. Use EAD as a backup only!

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  • gk_2000
    12-02 07:22 PM
    The bill also says...

    1. The illegal's application needs to be processed expeditiously.
    2. The USCIS can not increase the fee for that

    Means...the 2 million illegals will be put ahead of the legals who are rotting in line for years. To process these docs, USCIS needs more resource and needs to hire more people but they can not increase the fee. So USCIS will come after the legals and increase their fee. These democrats wants to rob legals and reward illegas.

    and you are hoping once this bill passed they will consider us...YOU MADE MY DAY.

    so WTFs

    Hopefully, the bill would have been vetted enough by the time it passes, and these areas cleaned up. This would be a good test for the US political system


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  • 53885
    08-10 01:44 AM
    And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.

    Regarding contribution which of the following options apply to you?

    * How do you contribute to IV?
    A. Money
    B. Time (Volunteer and/or participate in IV action items)
    C. Both A & B
    D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
    E. Well, I visit IV just for forums so that my questions are answered. Period.
    F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.

    If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.

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  • narendra_modi
    07-07 01:15 PM
    Why can't your friend post this himself?

    You are such a good friend that you care about his immigration needs. ;)

    Is there any problem with my posting ? He sent me an email with the details, so I thought let me put it here, so I did. Thanks, next time I will tell my friends to become member of this forum, which sucks because of people like you.


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  • silvinhaphn
    05-05 09:05 AM
    Hi aperregatturv

    I'm in the same situation... Did u travel before u got the card?

    My case was approved on April 27, but I have got nothing on the mail so far and I have my sister's wedding to attend in my country... My husband can go later and give it to me, but I'm a little afraid.

    I wanna know if evrything was ok with you and if u would recommend me to do that. I'm going crazy cause my flight is for May 11th and if I need to cancel I gotta do it 2 days in advance, no later than tomorrow I guess... I don't know If I should wait or just cancel flight. I'm going crazy!

    Please let me know how it went for you. Or if anyone else have traveled in this way before, give me some advice.

    Thanks to all in advance!


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  • willigetagc
    07-17 09:29 AM
    Not entirely accurate. H visas have dual intent. You can tell them you will go on H1 and eventually get a GC and citizenship and the consulate cant do a thing. But if you are going for a tourist visa, then they will deny it. (But dont go and actually try saying something like that... you never know)

    Secondly, in the past filing LC was not proof of Immigration intent. It was I-140. I dont know what it is with PERM. But look at it this way, the first GC related document that reaches USCIS with your signature and name is the actual proof of intent. I wonder if that is still your I-140 application.

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  • yabadaba
    04-22 03:08 PM
    What's the deal here? I think this info is posted a lot of times. Any reason to post it again? Just trying to find reason.
    its good to see data like this after a while...if nothing else...it provides a snapshot of where we are.

    01-28 01:02 PM
    Not to disappoint you but in this case appeal does not have a good chance. Look at the link here (http://www.eichorn-law.com/CM/IntheNews/6.1.10%20Xpedite%20Technologies%20-%20BALCA%20affirms%20denial%20for%20travel%20requi rement%20in%20advertisements%20but%20not%20in%2090 89.pdf)...

    My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
    Reason - travel language in the notice of filing but not on form 9089.

    Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

    As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?

    08-02 07:19 PM
    Same day in Mumbai. Any chance you can change this appointment to Mumbai?

    Chennai; it depends on the number of applicants. One of my friends recently got his business visa but got his passport back only the next day.

    His appt was at 9:00 AM