Wednesday, August 31, 2011

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  • Shujaat
    05-14 02:21 PM
    Hi





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  • somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).





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  • hoolahoous
    02-10 10:50 AM
    while you breached contract, the broke the law. tell them that you going to report them to DoL and see what they say.


    ------------------------------------
    I am not a lawyer. do not take my advice as legal advice.





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  • gcgonewild
    08-15 02:16 PM
    Unless:
    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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  • Steven-T
    February 12th, 2004, 12:10 PM
    Steve will you just give up this Facade! You know your gonna go the way of the mighty CANON. You know you want it! You've been trying to convince yourself for so long that you can stick with Nikon mount. But thats just it you need to convince yourself not to get Canon!!

    FEEL THE FORCE obiwan!! :D:D:D:D:D

    Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA

    Oh, ISO 6---> buy ND filters!

    Scott

    I am trying to convince myself Canon will sell the 1Ds for $5,500 on April 1, throwing in a free 24-70/2.8L, in order to compete against the revived (and proven by then) all mighty King of the Hills Kodak DSC PRO SLR/n. LOL.

    Steven





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  • rameshvaid
    10-16 09:47 PM
    Do the right thing. Don't try to find a loophole.

    It is possible to convert from B1 to H1, I did the same in 2002 but he can not work till he gets his H1 approved. Simply applying and getting the receipt notice will not make him eligible to work and if he works and is caught he will be deportrd and will not be permitted to come back ever again. He will be under H1 cap also and will have to apply when next year quota opens. You also said that he got all his H1 papers then why he wants to risk it. Best route will be to get H1 stamped in India and come here.

    Considering if all that is done, he will still be exploited by his employer if comes on B1 and will have no legal status to work. It takes anywhere between 3 -6 months to get the H1 approved here in US. I assume he is going to work for a desi company or consultant, no American company will encourage this route. He can not get is SS# also till he gets his H1 approved and no question of getting Driver's Licence.

    Tell your friend to weigh pros and cons before he decide to come on B1..We all know what we are going through with this broken immigration system..

    Good Luck..

    RV



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  • Phogs
    06-23 10:00 PM
    You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.

    DID THE SAME THING! WENT TO TIJUANA, MEXICO FOR STAMPING. T'WAS PRETTY QUICK AND EASY. MAKE SURE ALL DOCUMENTS ARE LEGAL THOUGH... ANYBODY GOING TO TIJUANA? MAKE SURE TO VISIT PLAZA DE LOS HEROS..CHEAP CORONA BEER THERE, JUST A BUCK A PIECE, WHICH I INDULGE AFTER GETTING MY VISA STAMPED... :D

    CAUTION: MAKE SURE THAT UR SOBER AT POE!!! :D





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  • SmSm
    05-25 12:35 PM
    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.



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  • wandmaker
    04-27 03:16 PM
    Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..

    Labour Priority date is Nov'20 2007
    My I-140 receipt date is Feb'20 2008..
    My I-140 Approve date is Sep'24 2008

    My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..

    Please update these details to your IV tracker profile, it will help you and others. It avoids confusions and delays in suggestions in a situation like yours.

    What documents your company sent to USCIS for that 'client letter' RFE?
    How many years was requested for extension 1 year or 3 years or until end of 6 year term with recapture? - I assume, it would be 3 year extension because your 140 is approved.





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  • sonu_Aug_2002
    03-09 09:55 PM
    I am planning to visit India next week. I have the I-94 which was given to me when I entered USA last time. In the mean time, I also have I-94 attached on the approved I-797 due to 6,7 and 8th year extension. My question is

    When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?

    or

    all the I-94 that is attached to my I-797 approval notices.

    Thanks



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  • jsb
    07-17 04:22 PM
    How do you get Infopass appointment, and what purpose does it serve? I mean, is it really useful for a routine check on your status. Sorry, if I asked this in a wrong thread.





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  • va_labor2002
    08-23 11:13 AM
    please continue to send mails to your local lawmakers regarding Skil Bill. Use the webfax too at
    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

    There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broadsupport for such reforms.
    FYI Numbersusa have been sending messages against this bill--
    http://www.numbersusa.com/faxcenter?action=preview&ID=5665
    --
    Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
    The useful information is available here--
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
    --
    Please tell your friends too.

    These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?



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  • shantanup
    10-15 08:25 AM
    Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?





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  • bharatmb
    07-16 02:05 PM
    Recently joined IV. The trigger for me was the July visa bulletin fiasco. I am sure that it caused a spike in activity/interest on IV, so, some good will come out of it, hopefully.

    However, we can't just put all the blame on USCIS/July bulletin fiasco, for all our woes. Getting our apps in at USCIS, will grant us some immediate benefits, but, we still might have to wait for a pretty long time, to get a GC. We also need to look at more permanent solutions through legislation, which would actually reduce the GC backlog.

    Attended the SJ rally on the 14th, the turnout was good, but, could have been much better. IMO, the impact will be limited (a one min spot on TV is better than none, but, not enough). The pressure has to come from big company CEOs pushing Congress, IV lobbying efforts, etc.



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  • MetteBB
    05-11 01:20 PM
    Hey thx!

    Guess what -The appel (know I miss-spelled it) I accedently deleted... I'm such an as$ :whistle:


    /mette





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  • Lasantha
    02-18 11:05 AM
    Totally off the topic and beg your pardon. But do you know when they post the new USCIS processing dates. They still have the January posting.



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  • ItIsNotFunny
    11-10 04:07 PM
    Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.

    YzSuM09Gz1w




    .

    Its only Mahabharat - people started forgetting Ramayan & Mahabharat.





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  • garybanz
    12-01 04:11 PM
    I guess you can still argue that a QA Analyst job is quite similar to a SAP BI Analyst...it's not like you are running a restaurant or selling cars.

    Talk to a good attorney.


    Hi,

    I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.

    Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.

    I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
    During this time they would continue with my green process.

    In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?

    1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?

    2. Temporary resignation and rejoining - is it really feasible?

    3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.

    Please pour in your thoughts.

    Thanks for your help.





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  • sayantan76
    11-06 03:37 PM
    AMERICAblog News: ThinkProgress: GOP entering class is a bit nutty (http://www.americablog.com/2010/11/thinkprogress-gop-entering-class-is-bit.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Americablog+(AMERICAblog))

    Here is a snapshot of the GOP Class of 2010�s extremism:

    ENVIRONMENT

    - 50% deny the existence of manmade climate change
    - 86% are opposed to any climate change legislation that increases government revenue

    IMMIGRATION

    - 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
    - 32% want to reduce legal immigration

    TAXES/SPENDING

    - 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
    - 79% have pledged to permanently repeal the estate tax
    - 48% are pushing for a balanced budget amendment
    i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......

    1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.

    2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense

    3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?

    4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.

    the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........





    gcspace
    08-13 07:58 AM
    I don't know the exact time my application reached on July 2nd.
    I havn't yet received my receipts nor checks cashed.
    Guess we just need to wait and wait..





    Lisap
    08-16 05:54 PM
    I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.



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