a_yaja
03-17 02:35 PM
Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?
Yes - but only amounts in excess of 7% of your AGI is deductable. The first 7% comes out of your pocket.
Yes - but only amounts in excess of 7% of your AGI is deductable. The first 7% comes out of your pocket.
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kumarc123
03-03 12:07 PM
Hello there,
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
Jaime
09-12 10:50 AM
Putting a Face to the U.S. Reverse Brain Drain
Real Life Cases
Ranga
Ranga just finished his MBA degree from a top-10 U.S. university and is currently working on his Optional Practical Training (OPT) visa that comes as part of his student visa “package” and which allows him to work in the U.S for a year after graduation. In the past, OPT students would then pursue a longer-lasting H1-B visa and then move on to pursue legal permanent residence (LPR) through an immigrant visa or “Green Card”. No such plans in Ranga’s ambitious future. With a 3.9 GPA an outstanding resume, top industry contacts and patents in his name, Ranga plans to go back to his native Bangalore and start his own company “where the real opportunities are”. Ranga makes his point verbatim “When you have to be treated like a criminal just for applying for a driver’s license and have to wait for a decade to get a visa, there is something funtamentally wrong with this syetm, and I don’t have the time or desire to wait and find out what that is”
Ranga’s employer doesn’t know yet that he’s leaving the U.S. next year, and they have made him a substantial permanent offer, which Ranga is just not interested in.
Real Life Cases
Ranga
Ranga just finished his MBA degree from a top-10 U.S. university and is currently working on his Optional Practical Training (OPT) visa that comes as part of his student visa “package” and which allows him to work in the U.S for a year after graduation. In the past, OPT students would then pursue a longer-lasting H1-B visa and then move on to pursue legal permanent residence (LPR) through an immigrant visa or “Green Card”. No such plans in Ranga’s ambitious future. With a 3.9 GPA an outstanding resume, top industry contacts and patents in his name, Ranga plans to go back to his native Bangalore and start his own company “where the real opportunities are”. Ranga makes his point verbatim “When you have to be treated like a criminal just for applying for a driver’s license and have to wait for a decade to get a visa, there is something funtamentally wrong with this syetm, and I don’t have the time or desire to wait and find out what that is”
Ranga’s employer doesn’t know yet that he’s leaving the U.S. next year, and they have made him a substantial permanent offer, which Ranga is just not interested in.
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humdesi
11-06 10:27 AM
Do you know why this rule was changed?
I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.
See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.
"Jiska ghar mey samman nahin, uska kahin samman nahin"
I applied for OCI for my daughter some months ago and got approved
and got her OCI stamp and cards. Couple days ago a friend of me got
rejected. He was told that "if both parents are indian citizen child is not
eligible for OCI"
After I heard it, I talked to Indian Consulate SFO, and they told that
this condition is included recently. So whoever got OCI are good. ( I hope so!)
OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.
thx
sbabunel
I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.
See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.
"Jiska ghar mey samman nahin, uska kahin samman nahin"
I applied for OCI for my daughter some months ago and got approved
and got her OCI stamp and cards. Couple days ago a friend of me got
rejected. He was told that "if both parents are indian citizen child is not
eligible for OCI"
After I heard it, I talked to Indian Consulate SFO, and they told that
this condition is included recently. So whoever got OCI are good. ( I hope so!)
OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.
thx
sbabunel
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smsthss
07-02 10:16 AM
I just spoke to my attorney. He told me that he also have the same information that we guys know. He told he is on top of this (keeping track of the developments). He also told me according to him..that the revised july visa need not necessarily come out on 2nd or 3rd. it may be now or mid july. He also told me..there might not even be a revised bulletin. Nobody is sure. He told he is tryin to rush in his applications. Told me..mine was going out today.
casinoroyale
10-02 10:09 AM
Otherthan waiting whatever time they take to verify education details, may be you should try to transfer the case to consulate in India (or) withdraw the application from Vancouver and apply fresh in India. This is a standard and well known "watch out" issue when any foregin national applies for visa in a country other than their home country. Although not everyone faced this problem.
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lazycis
01-15 11:15 AM
Finally, I found it in the federal regulations. So it's the federal law.
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
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bala50
09-01 10:04 AM
bashir,
Write a detailed letter explaining all the issues. Get an experience letter as required from company A or from co-workers of company A. And talk to a good attorney , you should be fine.
Write a detailed letter explaining all the issues. Get an experience letter as required from company A or from co-workers of company A. And talk to a good attorney , you should be fine.
more...
kumarc123
03-03 12:07 PM
Hello there,
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
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dpp
12-30 09:31 AM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
more...
rb_248
08-14 06:56 AM
Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.
It can be done. For my case it took about 6 months. If you are in your 6th year or beyond, it is risky. But, note that your PERM application you submit must be identical to your old application to retain your PD.
It can be done. For my case it took about 6 months. If you are in your 6th year or beyond, it is risky. But, note that your PERM application you submit must be identical to your old application to retain your PD.
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rhlsur
08-18 11:41 PM
****** FURTHER UPDATE ON THIS - VERY BIZARRE ******
With regards to my original post below my lawyer got back to me today with something bizarre -
She received a case closure letter from the Backlog center in July 2007 and they sent a copy of the application we had originally filed. In it, the company address has been struck out and another address (70 miles from where we are) was hand written. She faxed me a copy of this and it is nothing short of bizarre. Does DOL actually make changes like this on their own without a confirmation letter from the Company or attorney. I know my attorney would not do such a thing unless we had requested it. Also, the new address was a company (totally different name) that specialized in pool plastering - nothing to do with Computer engineering which is my area. Currently she's placed a call to the backlog center and since they don't answer calls directly we are waiting to hear back from them. Additionally she's writing to them too. Has anyone been in such a situation and can IV help in addressing this with any agency?
Thanks.
***** ORIGINAL POST ******
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
With regards to my original post below my lawyer got back to me today with something bizarre -
She received a case closure letter from the Backlog center in July 2007 and they sent a copy of the application we had originally filed. In it, the company address has been struck out and another address (70 miles from where we are) was hand written. She faxed me a copy of this and it is nothing short of bizarre. Does DOL actually make changes like this on their own without a confirmation letter from the Company or attorney. I know my attorney would not do such a thing unless we had requested it. Also, the new address was a company (totally different name) that specialized in pool plastering - nothing to do with Computer engineering which is my area. Currently she's placed a call to the backlog center and since they don't answer calls directly we are waiting to hear back from them. Additionally she's writing to them too. Has anyone been in such a situation and can IV help in addressing this with any agency?
Thanks.
***** ORIGINAL POST ******
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
more...
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chanduv23
04-27 02:58 PM
you may not get much ifnormation from Infopass - you can go for infopass for issues like FP or Name check status or similar things.
Well Don't don't assume that "pre adjudicated" means everything with the case is over and the ONLY factor is visa number unavailability.
Pre adjudicated means - things are fine as of now.
Well Don't don't assume that "pre adjudicated" means everything with the case is over and the ONLY factor is visa number unavailability.
Pre adjudicated means - things are fine as of now.
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sandy_77
06-20 11:51 AM
I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married). Per the new rules all of us have to pass through many checks (such as PIMS, NAME CHECK, SECURITY CLEARANCE, ETC.). Contrary to popular belief PIMS is the simplest of all. You will possibly get a PIMS clearance within a month (usually 5 days). However, if you get stuck because of other checks, only God can help you. People (more than a couple of thousand at any given time during these days) are stuck at the consulates in India for two months or more (these days waiting time exceeds 4 months in normal cases and I am one of them). Some guys have been given visas after 1.5 years. Also, contrary to what most lawyers would have you believe that only those people get stuck who have done something wrong, I can assure you that there are very few cases (possibly less than a 5% of the total) who have been outright rejected even after significant delays for security clearances. These lawyers have just surrendered before the DOS/DHS...possibly avoiding burning bridges with the government rather than protecting human rights and civil liberties. God forbid if you get stuck for reasons other than PIMS, anything you can ever know from consulate/DOS after that is that your case is pending in "additional administrative processing" for security clearance. No more no less and you probably have no right to demand transparency. Not even your local congressman/senator can save you then from the harassment that the DOS thinks you deserve for being a third world citizen.
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
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perm2gc
12-18 10:12 PM
yes...one area where we wholeheartedly support them :)
will they join hands with us ..:rolleyes:
will they join hands with us ..:rolleyes:
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Ramba
10-24 11:49 AM
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
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dealsnet
01-13 03:22 PM
Just pray. Nothing can be done. If they find out, you are in trouble (cancel H1B and out). If they didn't find out, you are ok.
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thomachan72
06-21 05:51 PM
I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D
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beautifulMind
01-06 03:06 PM
Congrats. My EB3 is pending in NSC for more than 600 days now!
snathan
05-17 05:02 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
tpcool
05-31 06:50 PM
vxb2004, thanks for the response and the wishes.
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
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