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  • gcgonewild
    08-15 02:16 PM
    i) Has company A paid you all your wages?
    If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.

    ii) Content of Non-Compete agreement:
    If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
    iv) LCA for new work location:
    If you work for more than 6 months in a county, new LCA should be applied for that location.

    Try to negotiate with A. Usually these lawsuits don't run their course.
    Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.

    If all fails, You MUST consult an attorney.

    IMHO, you should've consulted before you took the job.

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  • ajay_hyd
    01-22 02:27 PM
    i got similar message, but this was for Advance Parole not 485...


    Current Status: Document OTHER THAN CARD manufactured and mailed.

    On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

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  • h1b_visaholder
    06-08 09:57 PM
    Any updates on this... I would really like to know cos I am in the same situation and would like to know what happened in your case.

    Thanks in Advance.

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  • ghost
    02-04 08:52 AM
    Yeah, H-1B is a dual-intent visa where you are allowed to apply for permanent residency besides temporarily working in, unless there are any specific Malaysian Immigration restrictions, your US Consulate in KL should not be asking you for any proof of air ticket purchase.

    Having said that, this list of additional supporting documents that they might ask is not standard across various consulates. So, it is better for you to directly get a list of "additional supporting documents" that they have on radar either through the consulate or any of your Malaysian friends/network.

    Since it is a H-1B extension, at the bare minimum, you should carry the certified copy of I-129 by your immigration attorney, most recent employment verification letter signed by your supervisor, most recent pay statements, W2s and bank statements. This is in addition to your I-797 original, original educational degree certificates, a copy of your resume and the completed DS-156, DS-157 forms.

    Good Luck!


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  • Blog Feeds
    05-05 07:10 AM
    VIA IRS.GOV (,,id=96477,00.html)

    An alien is any individual who is not a U.S. citizen or U.S. national (,,id=129236,00.html). A nonresident alien is an alien who has not passed the green card test (,,id=96314,00.html)or the substantial presence test (,,id=96352,00.html).

    Who Must File

    If you are any of the following, you must file a return:

    A nonresident alien individual engaged or considered to be engaged in a trade or business in the United States during the year. You must file even if:

    Your income did not come from a trade or business conducted in the United States,
    You have no income from U.S. sources, or
    Your income is exempt from income tax.
    However, if your only U.S. source income is wages in an amount less than the personal exemption amount (see Publication 501 (, you are not required to file.
    A nonresident alien individual not engaged in a trade or business in the United States with U.S. income on which the tax liability was not satisfied by the withholding of tax at the source.
    A representative or agent responsible for filing the return of an individual described in (1) or (2),
    A fiduciary for a nonresident alien estate or trust, or
    A resident or domestic fiduciary, or other person, charged with the care of the person or property of a nonresident individual may be required to file an income tax return for that individual and pay the tax (Refer to Treas. Reg. 1.6012-3(b)).
    NOTE: If you were a nonresident alien student, teacher, or trainee who was temporarily present in the United States on an "F,""J,""M," or "Q" visa, you are considered engaged in a trade or business in the United States. You must file Form 1040NR (or Form 1040NR-EZ) only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Refer to Foreign Students and Scholars (,,id=96431,00.html) for more information.

    Claiming a Refund or Benefit

    You must also file an income tax return if you want to:

    Claim a refund of overwithheld or overpaid tax, or
    Claim the benefit of any deductions or credits. For example, if you have no U.S. business activities but have income from real property that you choose to treat as effectively connected income, you must timely file a true and accurate return to take any allowable deductions against that income.
    Which Income to Report

    A nonresident alien's income that is subject to U.S. income tax must generally be divided into two categories:

    Income that is Effectively Connected (,,id=96409,00.html) with a trade or business in the United States
    U.S. source income that is Fixed, Determinable, Annual, or Periodical (FDAP) (,,id=96404,00.html)
    Effectively Connected Income, after allowable deductions, is taxed at graduated rates. These are the same rates that apply to U.S. citizens and residents. FDAP income generally consists of passive investment income; however, in theory, it could consist of almost any sort of income. FDAP income is taxed at a flat 30 percent (or lower treaty rate) and no deductions are allowed against such income. Effectively Connected Income should be reported on page one of Form 1040NR. FDAP income should be reported on page four of Form 1040NR.

    Which Form to File

    Nonresident aliens who are required to file an income tax return must use:

    Form 1040NR ( (PDF) or,
    Form 1040NR-EZ ( (PDF) if qualified. Refer to the Instructions for Form 1040NR-EZ ( to determine if you qualify.
    Find more information at Which Form to File (,,id=129232,00.html).

    When and Where To File

    If you are an employee or self-employed person and you receive wages or non-employee compensation subject to U.S. income tax withholding, or you have an office or place of business in the United States, you must generally file by the 15th day of the 4th month after your tax year ends. For a person filing using a calendar year this is generally April 15.

    If you are not an employee or self-employed person who receives wages or non-employee compensation subject to U.S. income tax withholding, or if you do not have an office or place of business in the United States, you must file by the 15th day of the 6th month after your tax year ends. For a person filing using a calendar year this is generally June 15.

    File Form 1040NR-EZ and Form 1040NR at the address shown in the instructions for Form 1040NR-EZ and 1040NR.

    Extension of time to file

    If you cannot file your return by the due date, you should file Form 4868 ( (PDF) to request an automatic extension of time to file. You must file Form 4868 by the regular due date of the return.

    You Could Lose Your Deductions and Credits

    To get the benefit of any allowable deductions or credits, you must timely file a true and accurate income tax return. For this purpose, a return is timely if it is filed within 16 months of the due date just discussed. The Internal Revenue Service has the right to deny deductions and credits on tax returns filed more than 16 months after the due dates of the returns. Refer to When To File in Chapter 7 of Publication 519, U.S. Tax Guide for Aliens ( (PDF) for additional details.

    Departing Alien

    Before leaving the United States, all aliens (with certain exceptions (,,id=97256,00.html)) must obtain a certificate of compliance. This document, also popularly known as the sailing permit or departure permit (,,id=97256,00.html), must be secured from the IRS before leaving the U.S. You will receive a sailing or departure permit after filing a Form 1040-C ( (PDF) or Form 2063 ( (PDF).

    Even if you have left the United States and filed a Form 1040-C, U.S. Departing Alien Income Tax Return ( (PDF), on departure, you still must file an annual U.S. income tax return. If you are married and both you and your spouse are required to file, you must each file a separate return, unless one of the spouses is a U.S. citizen or a resident alien, in which case the departing alien could file a joint return with his or her spouse (Refer to Nonresident Spouse Treated as a Resident (,,id=96370,00.html)).

    References/Related Topics

    Source of Income (,,id=96459,00.html)
    Exclusions From Income (,,id=96455,00.html)
    Real Property (,,id=96403,00.html)
    Figuring Your Tax (,,id=96467,00.html)
    Tax Treaties (,,id=96454,00.html)
    The Taxation of Capital Gains of Nonresident Alien Students, Scholars and Employees of Foreign Governments (,,id=129253,00.html)
    Tax Withholding on Foreign Persons (,,id=106981,00.html)
    Taxpayer Identification Numbers (TIN) (,,id=96696,00.html)
    Some Nonresidents with U.S. Assets Must File Estate Tax Returns (,,id=156329,00.html)
    Rate the Small Businesses and Self-Employed Web Site (,,id=172872,00.html)

    Page Last Reviewed or Updated: November 17, 2010

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  • pmb76
    07-17 05:42 PM
    This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).

    My request to all IV members is to give me some advice that I can pass on to him.

    Please help !

    I think due to rescinding of the July visa bulletin dated July 2 there will be severe retrogression starting October 2007. Your friend should apply for I-485 now and he can turn in a follow-up I-485 for his wife after he gets married. You have to just hope that the priority dates do not become current before that. If there is any inklink of that happening in Oct bulletin I think he should try to get married sooner.


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  • gcgreen
    07-07 04:04 PM
    to my knowledge, the first year that she started it would be no problem.
    but in subsequent years you do need to pay estimated taxes or be subject to underpayment penalty. also, because estimated taxes are pay as you go, you do need to make payments on the payment deadlines.

    for some really screwed up reason, the payment deadlines are not precisely three months apart: apr 15, jun 15, sep 15 and jan 15

    the amount of estimated tax you need to have paid in order to have paid is calculated based on a worksheet that you can download from the IRS website.

    But the general rule of thumb you need to follow is that you should have paid AT LEAST the previous year's taxes by this year including all withholdings and estimated tax payments. For example, if you owed $30000 in federal taxes in 2007, make sure the sum of all estimated taxes and withholdings for 2008 meets or exceeds 30000. I also think there is a rule that if your AGI was greater than 150K in the previous year, you need to pay at least 110% of prior year's tax amount. I am not sure of this one. But generally speaking, I think this rule is called safe harbor rule.

    The other rule you can adopt is to ensure that you pay at least 90% tax that you will owe for 2008 by end of 2008. In other words, if you end up owing 40000 this year, make sure you have paid at least 36000 by end of this year.

    You can find more info at:

    I hope this information was helpful. Bear in mind, I am no expert on this, and all this info is just by reading various online sources, IRS docs etc.

    My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).

    We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?

    That would make things so much more easier..

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  • frustratedbutpatient
    10-24 07:50 AM
    I visited last July. I arrived few minutes late but I was able to immediately meet with the officer. She was not helpful at all. Her answer was to wait. I had my fingerprinting last December and I should have received an interview notice since my wife petitioned for me. I haven't heard anything since. She refused to give me any answers. She said that my case was at another office. She refused to say what office and she said I had to wait for my turn. Reading a little on this forum, I realized that I should have been more specific when I asked questions. I placed an inquiry at congressman Levin's office and they got back to me in a week that my case is in security check but they never told me how long that would take. Yesterday, I called the national customer service and they said they would have the Detroit office communicate with me. I will wait for few weeks during which time I will gather a list of questions to ask for my next InfoPass appointment. Please help with the questions I should ask.


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  • mavrick
    06-03 11:01 AM
    That is disappointing. But I guess we don't have a choice.

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  • kumar1
    03-18 11:49 AM
    I am EB3-India with PD July-2005. On 3/10/2009 USCIS issued an RFE. It is about job verification/continuation. USCIS wants my employer to verify that future job is still available.
    My paralegal said and I quote, USCIS is issuing this kind of RFE on almost every case. Present economic situation might be the main reason behind it.


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  • pa_arora
    04-19 07:08 PM
    Atleast somebody talked abut legals and their problems...Here's the link..


    Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

    April 12, 2007


    The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

    The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

    The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.

    Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
    Raising the EB cap and exempting specific highly skilled professionals in
    sciences, arts, business, and other critical fields from the final allotted number.
    Allowing foreign students who have earned advanced degrees from American
    universities, as well as from foreign universities, in science, technology,
    engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
    visa cap numbers.
    Designing the H-1B visa cap numbers around a market-based annual adjustment,
    rather than an arbitrary fixed number.
    The creation of an entire new visa category that would allow STEM students,
    studying in the United States on a student visa, to seamlessly transition to a green
    card when offered a job.
    The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

    On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

    R. Bruce Josten

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  • rajum02
    05-14 11:07 AM
    Howard County .. ( Columbia, ellicotcity)


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  • pappu
    01-30 02:47 PM
    Please update your profiles and help us make this tracker popular. Here are some tutorials to help you get started

    Getting Started:
    Finding and Filtering:


    We urge everyone to input correct profile details so that we can help each other. Please also politely nudge each other to enter correct profile details when you see an incorrect data. We need the analysis as charts and graphs of this data for a presentation we will do to lawmakers for recapture bill this year and any possible admin fixes.
    Correct data will also help everyone track cases better on IV tracker.

    Let us all help in this effort.

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  • eb2_mumbai
    10-28 09:37 AM
    Labor + 140 if complted without any RFE would take least 8 - 12 months. But considering today's conditions that is highly unlikely so ballpark figure would be 15 - 18 months. Also if it gets rejected for any reason lawyer mistakes or A2P or education etc then it would be waste of time and resources.


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  • ahnewGC
    04-10 07:17 PM

    I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?

    How long will it take to clear labour?

    Thanks for valuable suggestions

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  • jediknight
    03-13 11:41 AM
    The 60 rule is a senate rule and only makes the status quo folks happy.

    You cannot get anything done with 60 votes. California has the same problem with the budget requiring 66% votes.

    BTW, if you are a republican the reason that the Bush tax cuts are going to expire next year is that they were passed via reconciliation. So I am going to be paying more taxes next year.

    I will be paying more taxes if Healthcare reform passes too, but I still oppose the 60 votes stupidity.

    Once a party wins the majority, I expect them to get do the stuff they promised. If they do stuff that everyone dislikes, they will get voted out and then the other party can do what they want and the cycle will continue.

    The reason that we can't get Immigration reform is the minority party has too much power and to only way to wield it is to block, block, block. The Democrats also did this when they were in the minority.

    - JK


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  • txuser
    03-10 03:57 PM
    Thats a valid question... sorry, but Im not sure on that - You'd probably need to check with an attorney...

    In my particular case, they filed for H1B transfer in Premium Processing.... So, I was told that the H1B transfer will be adjudicated prior to the L2 petition..... Eventually, the H1B transfer got denied and I got the L2 approval notice a couple of weeks down the line.

    I also believe that you can file for the L2 COS immediately after you come to know that your H1B petition has been denied. An attorney would be able to comment on whether this is legal or not.

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  • nshantha
    08-14 03:42 PM
    I am also 7:55 NSC R williams too... no receipt yet

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  • satyasaich
    03-16 12:45 PM
    expect an RFE in a month or two. Also fill in your profile to help others...

    Why he should expect an RFE in a Month or Two ?

    Any rational reason ?

    02-11 03:04 PM
    There may not be a logical reason as to why your wife got an RFE for Medical and not you.

    I had a similar situation. I got an RFE for photos for AP application. But my wife did not get one. We had both got our pictures taken and processed at the same location. There was no issue with quality of photo either.

    Now we both have our AP. I do not care why she did not get an RFE.

    Maybe if you explain the details of the RFE someone may be able to discuss about it.

    Without details asking why did you not receive RFE does not make sense.:confused:

    May 25th, 2005, 02:09 AM
    Josh, I'm so blown away by those atomic bomb looking clouds that I never even got to the one with the deer! (Nik had some atomic bombs over a barn last week also). I think you make all the relevent points; the first 2 certainly can benefit from some post processing in Photoshop. Those clouds are really it, but the needed something else to frame it, branches, grasses, something. I noticed that the horizon was treed, so assumed that the shore on which Kenny was standing had some trees, I "framed" the pic as if it were shot with trees framing it. Attached is the result which shows how finding objects to create a "frame" for the picture can make a world of difference. Also, I had to guess at the actual sunset color scheme. Since I wasn't there, I opted for the most dramatic. (hope you don't mind me messing with your pic Kenny, but it lent itself well to the discussion of framing and processing and illustrates better than words what I am getting at).

    Other than higlighting a few things, I kind of like the deer one the way it is. It's almost a "where's Waldo", but that's what I like about it. Nature itself plays the "where's Waldo" game on us.

    Thanks. These are pretty much "straight" the one with the deer is cropped, but the others are straight from the camera. There actually weren't many trees on the shore where I took this but I agree with the framing/forground comment and example but you also destroyed the "mushroom" cloud. :)

    P.S. I thought the first too were a bit dark, but didn't like them at all when I increased the brightness so basically left them.

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