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  • ssreenu
    04-13 01:15 PM
    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out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.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.

    The answer to a simple question of whether you can work in a different country when you hold H1B is "YES".

    Tax laws hold good for expats(people working outside USA) meaning the same rules would apply if you are living in one sate and working in another state (within the USA). Even in USA, LCA should be filed in every state that you are going to work(no exception), most of the H1 extensions get rejected because of LCA not filed at the client location. I am sure one will have check the tax laws even when you are working out of state(forget about out of country) and if you don't follow the tax laws you will be in a soup when IRS finds it out. Remember to take "Tax Breaks" when you claim expenses. You have to take a 21 business days break within the first year and 6 months break before the 2 years end and the cycle will be reset for Tax breaks. You have to be legally present in the USA to get your H1B extended. Attorneys are the best people to advise on the legal implications.




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  • jasmin45
    07-16 07:10 PM
    There's another thread with same details being discussed in the forum.




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  • 485Mbe4001
    05-19 01:07 AM
    honest opinion, talk to a good lawyer about this. your case is unique so dont depend comments from us. Companies have always used the carrot and stick aproach, with GCs, its just our luck that we roll the dice with this process and how we are exploited. You can stand your ground and negotiate with your firm, to a certain extent they need you too. Your I-40 is owned by the company, so they are the ones sponsoring you. Besides your current lawyers will probably have all your papers and approvals. Our lawyer did not even give us the I 140 number as we did not file it. I guess you might need all the 140 papers when you file for 485




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  • stuckinmuck
    05-30 01:27 PM
    Have written to my Immigration Coordinator who will confirm with the company lawyer if this rule applies to 'pending' I-140 approvals or will 'filed' and 'approved' I-140 (prior to May-15-07) be safe.

    Will let you know his response.

    __________________________________________
    Contribution so far: $1000
    Webfaxes sent to all Senators
    Emails sent to Senators, Representatives, Reporters



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  • ilikekilo
    07-17 04:24 PM
    opening new threads like this is annoying, I see lots of useless thread around here which discourages me to come to IV that often. He is asking update from CORE like they owe him, he must have paid his attorney and should attorney in such way not here. Whenever core has something to share they do share, no doubts.

    i agree with you......dont demand..where have u been all these days coming today and asking IV for updated as they owe you...ofcourse bearing the fruits is not the only thing one can do they can contribute as well...will those new poeple who jpined in july will be willing to contribute to IV for fighting for our cuase GIBVE ME A BREAK




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  • manderson
    11-09 08:57 AM
    unless you are a European on EB3.

    My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!



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  • ameryki
    02-27 09:03 PM
    I resubmitted my I-485 petition sometime Nov 2008. So far no receipt, made a query with USCIS. Now I got letter from USCIS saying that they did not found my package, they want me resubmit with all the evidence and previous of copy of application.

    We have been planning to go to India and get it stamped since we are in 6th year. My company is such a lowsy company (If god is there, he should punish this BLOOD SUCKING TECHNOLOGIES COMPANY HEAVILY) they will take resubmittal of 485 for another couple of months.

    Should I have to wait some more time and just send family for their trip mean time? Write letter to OmBudsman....


    mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?




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  • Leo07
    02-09 10:24 AM
    When the H1B is for 3 years, having you sign the contract for for 4 years is a quite stretch. I have signed such contracts before, it's usually not more than 6 months to 1 year (max). Please consult a able attorney, you are likely to have a valid case and make some money too:)



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  • hopeful08
    04-21 02:19 PM
    I wanted to inform the community that our GC is finally approved... I just checked my email hoping against hope that I might see some good news and good news is what I saw...
    This is a tremendous relief to us.
    They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.

    Good luck to everybody else and hope you all the best.


    Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.




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  • ames
    03-05 02:22 PM
    ames, post your picture in your own thread with a title for it under the Just Draw Yourself sectoin of the forums HERE (http://www.kirupa.com/forum/forumdisplay.php?f=152).
    This thread is for the list of entries and to notify big K of your entry if it's not added to the list of entries within 24 hours.
    Nice Job by the way.

    Hello and thanks for letting me know Lord Rahl. Sorry about that - I am just new here. I posted my own thread for it to hopefully be entered. And thank you for your compliment! I also like your self portrait drawing! I like to sketch with pen and ink or pencil myself. I have seen some great entries so far! :)



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  • dpp
    02-21 01:25 PM
    Dec 21, 2006

    For those that can see the Feb updates can you please post what date they are showing for:

    I-129 ( H1-B Speciality Occupation Extension of stay)

    Thanks




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  • syedajmal
    09-20 08:28 PM
    When I put in my application for a 7th year extension based on the fact that my labor was pending for more than a year, I did get a 3 year extension. My company lawyer applied again requesting a one year extension and I recently got it approved.

    I believe the assumption from his side was that even though the labor was approved for 3 year it is upto us to get it corrected. Hope this helps. But I believe this would be a good question for one of those conference calls.



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  • krishnam70
    07-18 12:34 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?


    ps57002

    There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
    then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.

    The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.

    go do it..
    cheers

    edit:
    http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1

    IV has recommendation to not use flowers going forward
    BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon




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  • manja
    04-21 09:48 AM
    Friends,
    I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.

    Thanks,
    nmdial

    Welcome to H city! SugarLand and Katy have very good neighborhoods with lots of desis. A lot depends upon where your office located. Cost of living is in Houston is low compared to LA, NY. Homes are "affordable". But property taxes are high (average is above 3%). Food, gas and misc. services are cheap. Insurance and utility costs are high though. Let me know if you have any specific questions.



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  • arrarrgee
    07-13 11:29 AM
    Read on CNN that west coast is hitting 125 in some places...if thats the case guess you guys should be good not wearing any suits...would look odd:eek:

    Its a good idea but make sure you guyz are comfortable. It must be hot out there.




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  • BharatPremi
    10-24 01:33 PM
    You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.

    What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.

    Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.



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  • nfinity
    03-17 10:55 PM
    Can someone who has added his/her spouse please provide with a list of documents required to file spouse i-485 after primary has been filed? Can we collect a list? There seem to be a lot of people in this situation.

    Here is what I think is required

    I-485 - Adjustment
    G-325A - Biographic Info
    I-134 - Affidavit of support
    I-765 - EAD
    I-131 - Advance Parole
    I-693 - Medical Exam

    What else is required? Please add to the list. Also, has anyone done this on their own?

    TIA




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  • ksircar
    07-01 01:52 PM
    My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.

    Thanks

    Please read the discussion threads under Student aid at the EAD stage .




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  • ChainReaction
    04-18 09:09 AM
    I already have two labor certification petition both of which are stuck in PBEC. MY first labor cert has PD of March 2003 and the other Feb 2005 . ON my lawyers advice i filed my second labor under RIR instead of waiting for another month and filing under PERM what a big mistake i made... I am onmy 5th yr on H1b and was hoping to Get at least 3yr ext if i was able to file 1-140 and have it approved before i file for the H1b . :(




    GCard_Dream
    02-27 01:51 PM
    In fiscal year 2006, there were 5 Indian firms in the top 10 users of H1B visa.
    http://www.networkworld.com/community/?q=node/15273

    However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.




    maag
    09-27 10:56 AM
    I had filled A # from I-140 in my 485 application form, but my 485 receipts shows different A #, both my I-140 and different number from 485 receipt starts with 088, I am primary applicant and my spouse's A # are different too and her numbers also starts with 088.



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