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Monday, June 13, 2011

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  • alisa
    03-26 11:10 PM
    I was reading up on gift tax. Normally, it is the donor (the person giving the gift) that pays the gift tax (if at all.)

    What if your family (who lives outside the USA, and does not have greencard/citizenship) sends you some money, in excess of $12k.
    Now, they don't file US taxes, so they don't pay any gift tax.

    And this is not declared as an income in your income tax statement.

    Do we have to pay any kind of gift tax or anything on it?
    Do we have to declare it anywhere?





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  • svr_76
    06-16 08:07 PM
    Start off your infopass with the following question.

    I am really desperate....would you help me, pretty please? ........

    And then proceed with the other questions you have on your list.

    After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.

    But am looking for relevant information rather than experiences.





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  • masala dosa
    05-10 02:31 AM
    asdqwe2k,
    Actually this event is being held to celebrate your's and your daughter's birthday if you didn't know. :-)

    Happy birthday to both of you in advance. Enjoy.



    PRETTY FUNNY!!





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  • waitforgc1
    05-07 12:08 PM
    I think if iam not wrong its not based of the priority date or anything else. Its just random



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  • andy garcia
    05-21 02:09 PM
    Are you sure? it is going to be too much pain....


    Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)





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  • sunny1000
    07-23 01:38 AM
    For Labor substitution cases, is there premium processing for I-140? Earlier, USCIS announced that from 05/18/2007 to 07/16/2007, it was stopping premium processing for Labor substitution cases. Any change now?

    No PP for labor subs. No PP for other EB cases until 8/2/07 atleast. They may extend that because of the I-485 filings which will happen until 8/17.



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  • Dhundhun
    10-23 02:13 PM
    buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.

    Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.





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  • jungalee43
    09-15 03:41 PM
    I received following e-mail from americasvoice a short while ago. That gives us some taste of what is coming. Remember for FAIR legal, illegals, undocumented all mean only one thing: -"ALIENS".
    The mail: -

    "Members of the anti-immigrant group -- the Federation for American Immigration Reform (FAIR) -- are taking Congress by storm this week.

    They have been advocating for the mass deportation of 12 million people -- or for making life so miserable for these immigrants and their families that they leave on their own. They have well-documented ties to white nationalists and have been designated a hate group by the Southern Poverty Law Center.

    FAIR is going door-to-door with Members of Congress this week to push their agenda of hate and intolerance.

    We need your voice NOW to counter the hate!

    Ask your members of Congress not to meet with FAIR:

    America’s Voice | It's Time to Fight F.A.I.R. (http://americasvoiceonline.org/fightfair)

    Make sure to send the letter today so your representatives get it in time, and please forward this message widely. "



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  • JazzByTheBay
    09-15 03:49 PM
    Can (and should) be published on the IV web site. We really need to get better at telling our story, imho.

    jazz

    Wonderful idea..I am with you.....





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  • Libra
    09-15 10:39 PM
    I dont like selfish, coward, lazy people be my friends. Who can't stand up for thier families what can they for me.........



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  • DSLStart
    07-28 02:54 PM
    Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
    Do you think something is cooking? ;)
    Hi Everyone,
    My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.

    Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?

    One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??

    Appreciate peoples inputs.





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  • h1b_tristate
    07-28 07:53 AM
    U will get a 3 year H1-B with the new employer.
    i donot have experience with PERM. From what i know it varies from state to state. typically 6 months, may be longer or shorter.
    --MC


    Thanks for the reply Mchundi, however, if i CHANGE the job does the rule for a 3 year H1B STILL apply? I mean how does the 3 year thing apply to me? I only have a little over 1 year on this current H1 (out of SIX years).



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  • gcbeku
    08-10 01:13 PM
    Gurus,
    A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

    So, what options do we have ?
    a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
    b) can AC21 approach be used to port this to a EB2 category ?
    c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
    (I am assuming that EB2-I will be current approximately around this time next year).

    Thanks.





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  • thomachan72
    03-07 09:32 AM
    Deadline added to this initiative to decide whether to proceed or not.
    please see post below for details.

    http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here-104.html#post2412248



    [QUote = ashwin_27]

    As suggested by several members on this thread, IV has set a goal of April 30th, 2011 to determine if there is even enough appetite within the EB community to proceed with this USCIS Admin Fix initiative or not.
    As we know the initial goal was to use this survey to determine how many members will be benefitted by I-485 filing without current priority date. Rough calculations using PERM data showed that at least 50-70K folks are waiting to file I-485 since July 2007 (around 5K-6K out of this number are those with PDs prior to June/July 2007 missed the July 2007 boat).
    So far we have had around 1200 such members respond. We need to see support of at least 5000 members in order for IV to launch the public action items. These action items include, but are not limited to, writing en-masse (i.e. in thousands) over 2-3 weeks to several concerned departments about the need for this USCIS administrative fix. Few other very interesting proposals/ideas are also being considered. All we need is our folks to BELIEVE that this initiative is worth investing in.
    The IV forum is the best place for the impacted EB community to gather and that is why the number of votes on the survey is a great indication of our frustration and motivation to work with IV for this important admin fix.
    So, we now have a Deadline and an Objective. It is up to our impacted members to decide on whether to still stick to silly excuses (why should I become a member, why should i vote on survey etc etc.) or DO something about getting this admin fix. It is surprising that we are not more desperate for this fix and are not convincing and pushing IV harder and harder to start working with USCIS to allow I485 filing with current PD (and all the benefits like EAD, AP that go with it).
    Are we more comfortable with the alternative - Waiting endelesslly to file I-485 (at least 2-5 years for post July 2007 folks from any category), keep depending on H1B extensions in an uncertain immigration scenario where H1B RFE's, rejections, visa denials due to "admin processing" etc are on a steep rise? The choice is ours to make.
    As a final reminder - please act and convince your friends/colleagues to participate in this initiative and send ivcoordinator@gmail.com the details requested below.
    Please keep following and participating on this thread to show your desperation for this fix.

    Good post but we need more information.
    How many members does IV have in total?
    What % out of that total has not filed 485 yet?
    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    1200 seems to be a good number.



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  • p7810456
    01-10 03:53 PM
    I applied mine on 11th of May, 2007.. EB3 India..

    Got RFE on 4th of December, replied the same week, they got it on 27th of December. Online status says "Processing has resumed..!!!"

    In RFE.. they asked for last year's W2 and my current paystub.

    Still waiting..





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  • Pria
    01-02 09:59 AM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria



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  • YesGC_NoGC
    03-19 10:06 PM
    There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)

    If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000


    When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.

    I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!


    More over are you making any money on the property sale now a days?!



    FED allows

    What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?

    From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?

    Can anyone who has sold a property on h1 or EAD confirm this?

    Please share first hand experience and not something that someones heard through the grapevine





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  • howzatt
    08-15 10:45 AM
    Any idea how do they transfer application from VSC to NSC? Process or guidelines around it would be helpful.

    My para-legal told me that since my I-140 has a EAC number, my I-485 was also sent to Vermont.

    Please advise.

    The answer to the FAQ clearly states that you should be fine and expect some processing delays. I am not sure what else you would like to know.





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  • WillIBLucky
    11-17 01:56 PM
    That brings up a good point, why do you think all the PDs are moving except India?
    Is there really that many applicants from India than China
    The problem is even CIS layed off many people since 2004 and now are left with few people to work on. The left out people are not "like Indians in USA" kind of people.

    And further more they cannot offshore processing to India as well. So what do they do......hmm lets retrogress Indians. Its working for them.





    ram_ram
    10-01 09:43 AM
    The backlogs at DOLS's found a solution..PERM. Similarly premium processing was introduced for I-140's. I think now it's time to move the Departments and courts to find a more efficient Security/Name check process. If not USCIS will continue to loose tons of visa numbers every year. Though USCIS has 26 k cases that has the visa number available,
    many of them are struck with FBI. Any movements or actions?

    Successfully Challenging USCIS Delays in Federal Court
    On September 10, the Los Angeles Times featured an article about how FBI name checks have been slowing down the process of gaining immigration benefits for hundreds of thousands of applicants.
    The article revealed that "nearly 320,000 people were waiting for their name checks to be completed as of August 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years."

    The American Civil Liberties Union (ACLU) has filed a lawsuit in federal court regarding this issue. The Times article quotes an ACLU attorney who stated that "there is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd. People who have not been any sort of threat ... have been caught up in this dragnet."

    Applicants for adjustment of status, citizenship, extensions of stay and many other immigration benefits have taken days off work to visit USCIS offices only to be told that the USCIS can do nothing since the name check process is in the hands of the FBI.

    Nor do letters and meetings with Senators and Members of Congress yield results. They receive polite letters from the USCIS' Congressional Liaison Unit to the effect that "Sorry, but this is FBI's problem, not ours."

    DHS Secretary Chertoff announced that his Department is meeting with the FBI (which is part of the Department of Justice) to work out a more efficient system of processing these name checks, but so far, the number of people waiting for results from the FBI continues to grow and grow.

    The problem exists for applicants from a wide variety of countries and affects Christians, Moslems, Hindus, Sikhs, Jews, etc.

    Our solution is to sue both the USCIS and the FBI in Federal Court. Most Federal Judges are not reluctant to order the FBI and the USCIS to complete their name checks and application processing by a date certain.

    Many applicants have turned to litigation as the one and only method of solving the name check problem. The numbers of such lawsuits have increased from just 680 in 2005 to 2,650 in 2006 to over 4,100 this year. Although there is no guarantee of success, our law firm has yet to lose one of these cases in Federal Court.

    The Times article concludes with a quote from me:

    "There is only one thing that works, and that is suing them in federal court."

    We link to the Times article, "Caught in a Bureaucratic Black Hole" from


    http://www.truthout.org/docs_2006/091107P.shtml

    We also link to AILF's new practice advisory entitled "Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss" from

    http://shusterman.com/toc-dpt.html#A1





    Ramba
    03-26 12:16 PM
    no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.

    any feedback is appreciated.

    May be those are two different position. But both are same occupational classification as per SOC/ONET. The employer can not request BS and MS for same occupational class. Conventionaly, the senior/supervisor level will be achived by experience in the occupation not by education.



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