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nogreen4decade
07-19 12:00 PM
I dont see any offense in it. Why dont Indians complain about Russell Peters then? Why are we discriminating Joel Stein? Hmmm, Are we racists now?
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guyfromsg
02-06 02:58 PM
The rule book says(i had that forwared from my company lawyer).
The i-94 validity should be based on the Visa approval notice, not based on the Visa Stamping. My wife even had that copy with her and argued with the port of entry officer. But he said it is not possible and he did not explain why he can't, but he also mentioned it is not a problem to stay beyond the i-94 validity since she had approval notice.
Then we went to the local i-94 correction office. The officer at the correction center looked at the details and said the POE officer did the right thing because the primary applicant did not travel.
He also mentioned It is not required to file Change Of Status. He went to an extent saying if you have any problem in future, asked me to give his number and name. But i just filed a change of status for safter purpose.
Again it differs from case to case basis i guess.
Thanks again. Just spoke to my company lawyer about this issue. He says in case the POE immigration officer does not give I-94 based on the extension there are two options. (1) go to CBP and fix it there like before (2) He will file for the extension of status. I was worried if there will be enough time to do this before she goes out of status and he assured me there won't be any problem even if we file on the last day i.e. 15th. Any advise on this?
The i-94 validity should be based on the Visa approval notice, not based on the Visa Stamping. My wife even had that copy with her and argued with the port of entry officer. But he said it is not possible and he did not explain why he can't, but he also mentioned it is not a problem to stay beyond the i-94 validity since she had approval notice.
Then we went to the local i-94 correction office. The officer at the correction center looked at the details and said the POE officer did the right thing because the primary applicant did not travel.
He also mentioned It is not required to file Change Of Status. He went to an extent saying if you have any problem in future, asked me to give his number and name. But i just filed a change of status for safter purpose.
Again it differs from case to case basis i guess.
Thanks again. Just spoke to my company lawyer about this issue. He says in case the POE immigration officer does not give I-94 based on the extension there are two options. (1) go to CBP and fix it there like before (2) He will file for the extension of status. I was worried if there will be enough time to do this before she goes out of status and he assured me there won't be any problem even if we file on the last day i.e. 15th. Any advise on this?
alisa
12-12 09:34 PM
Come on Wisconsinites............
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Kodi
06-04 03:24 PM
Texas:
Reached USCIS April 8th
Receipt Notice April 21st
Checks cleared April 21st
WOW I'm surprised to see some already have card production ordered. I thought they're still processing Mid february applications.
Reached USCIS April 8th
Receipt Notice April 21st
Checks cleared April 21st
WOW I'm surprised to see some already have card production ordered. I thought they're still processing Mid february applications.
more...
geotrack
10-12 08:42 AM
thanks for posting the article.
if anyone files a complaint and get a response please send me a PM.
if anyone files a complaint and get a response please send me a PM.
cdeneo
03-19 04:19 PM
I had recently contacted a CA in India for this very purpose and was told that there is a restriction that money earned from sale of a property in India needs to be reinvested in another property in India only within the timeline you mention below to avoid paying capital gains tax.
If a resident of India wants to invest in a property abroad using money coming from a sale of property in India - then one has to pay capital gains tax first. Again my question was related to being a resident of India and not NRI who wants to do this - but I doubt the law would be any different for the two in this case.
Just my two cents ... you may want to get proper advice from a CA in India as well. Please share what you find out as I am sure others on this thread including me would be interested in this information!
For long-term capital gains earned on sale of property, the tax rate is 20%. If the value is above Rs 10 lakh, the tax rate climbs to 22.66%. This applies both to residents as well as non-resident Indians (NRIs). Sec. 54 of the Income Tax Act offers a way out of paying such tax. If the capital gain amount is invested in a residential house within one year before to two years after the sale, then the capital gains earned are fully exempted from tax. In case the investor intends to construct a house, the time limit is extended to within three years of the date of sale. Of course, if only a part of the capital gain is used, the exemption would be proportional and the excess will be chargeable to tax.
Now comes the interesting part, especially for NRIs.
Nowhere does Sec. 54 specify that the new house purchased should be within India.
This means, to save capital gains earned in India, the NRI can even purchase a house in his or her own host country abroad and yet claim exemption. Why just NRIs, now even resident Indians can benefit from this rule. RBI allows an Indian resident up to $1,00,000 per annum to be invested abroad. Such investment could be even in property. So far, this was just a theoretical possibility based on a plain reading of the law. However, in a recent judgment, the Income Tax Tribunal has ruled that the exemption offered by Sec. 54 can indeed be extended to a property purchased in a foreign country.
It's not even necessary that the same amount of capital gains be used to buy the property. The assessee can very well buy the property even on mortgage (housing finance) -- as long as the conditions specified in Sec. 54 are satisfied, the exemption is available. This is because, even for properties bought using mortgage, the borrower instantly becomes the owner of the property. That he is paying his EMIs (mortgage) on the loan taken is an agreement between the lender and the borrower inter se. It has no bearing on the ownership of the property. In other words, as far as Sec. 54 is concerned, an investment has indeed been made in property. Whether it's through the mechanism of mortgage or otherwise is immaterial.
This has far reaching impact, especially on NRI investments and taxation. No one is born an NRI. Indian residents become NRIs when they go abroad for employment or business. More often than not, such persons own property in India, either the one they left behind when they went abroad and became NRIs, or one that is inherited. A number of such persons, who have set up a new life abroad definitely don't need a new property just to save on tax. Now, such persons can actually consider buying property abroad and claim tax benefits in India.
If a resident of India wants to invest in a property abroad using money coming from a sale of property in India - then one has to pay capital gains tax first. Again my question was related to being a resident of India and not NRI who wants to do this - but I doubt the law would be any different for the two in this case.
Just my two cents ... you may want to get proper advice from a CA in India as well. Please share what you find out as I am sure others on this thread including me would be interested in this information!
For long-term capital gains earned on sale of property, the tax rate is 20%. If the value is above Rs 10 lakh, the tax rate climbs to 22.66%. This applies both to residents as well as non-resident Indians (NRIs). Sec. 54 of the Income Tax Act offers a way out of paying such tax. If the capital gain amount is invested in a residential house within one year before to two years after the sale, then the capital gains earned are fully exempted from tax. In case the investor intends to construct a house, the time limit is extended to within three years of the date of sale. Of course, if only a part of the capital gain is used, the exemption would be proportional and the excess will be chargeable to tax.
Now comes the interesting part, especially for NRIs.
Nowhere does Sec. 54 specify that the new house purchased should be within India.
This means, to save capital gains earned in India, the NRI can even purchase a house in his or her own host country abroad and yet claim exemption. Why just NRIs, now even resident Indians can benefit from this rule. RBI allows an Indian resident up to $1,00,000 per annum to be invested abroad. Such investment could be even in property. So far, this was just a theoretical possibility based on a plain reading of the law. However, in a recent judgment, the Income Tax Tribunal has ruled that the exemption offered by Sec. 54 can indeed be extended to a property purchased in a foreign country.
It's not even necessary that the same amount of capital gains be used to buy the property. The assessee can very well buy the property even on mortgage (housing finance) -- as long as the conditions specified in Sec. 54 are satisfied, the exemption is available. This is because, even for properties bought using mortgage, the borrower instantly becomes the owner of the property. That he is paying his EMIs (mortgage) on the loan taken is an agreement between the lender and the borrower inter se. It has no bearing on the ownership of the property. In other words, as far as Sec. 54 is concerned, an investment has indeed been made in property. Whether it's through the mechanism of mortgage or otherwise is immaterial.
This has far reaching impact, especially on NRI investments and taxation. No one is born an NRI. Indian residents become NRIs when they go abroad for employment or business. More often than not, such persons own property in India, either the one they left behind when they went abroad and became NRIs, or one that is inherited. A number of such persons, who have set up a new life abroad definitely don't need a new property just to save on tax. Now, such persons can actually consider buying property abroad and claim tax benefits in India.
more...
pappu
04-23 09:57 AM
If you have gone thru RFE process recently please add your experiences on IV Wiki.
Medical RFEs (http://immigrationvoice.org/wiki/index.php/Medical_RFE)
Proof of Employement (http://immigrationvoice.org/wiki/index.php/Proof_of_Employment_RFE)
Thank you Coopheal.
Others please spend a few minutes everyday and add content to wiki
Everyone discussing Canada immigration, pls add to IV wiki too. This is the least we can all do for the community by helping provide a one stop knowledge resource on all immigration matters.
Forum threads get buried and is not easy to search. But if we have useful information and link to threads, it will help everyone.
Medical RFEs (http://immigrationvoice.org/wiki/index.php/Medical_RFE)
Proof of Employement (http://immigrationvoice.org/wiki/index.php/Proof_of_Employment_RFE)
Thank you Coopheal.
Others please spend a few minutes everyday and add content to wiki
Everyone discussing Canada immigration, pls add to IV wiki too. This is the least we can all do for the community by helping provide a one stop knowledge resource on all immigration matters.
Forum threads get buried and is not easy to search. But if we have useful information and link to threads, it will help everyone.
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vamsi_poondla
10-05 01:32 PM
I believe bachelors degree + 5 yrs of professional experience would qualify for the EB2 category. My question is does the 5 yrs count to the present date or i should have 5 yrs of exp before i joined my company?
I have a Bachelors degree and I am working with the present company for 1yr and 3 months and my previous experience is 3 yrs and 11 months which totals to a complete 5 years of Professional exp
I was under that assumption that this will cover my 5yrs and plus my bachelors degree will qualify me in EB2 category.
Gurus, can you please advice me if my understanding is correct and whether i can file my labor in EB2 category?
Any advice on this is greatly appreciated as i am planning to file my labor and do not wish to be in any misconceptions or presumptions?
Kowligi
Two criteria
1) 5 years before your company applies for your Labor Cert
2) The position your company looking to hire should need Bachelors + 5 plus years experience. This is equally important.
I have a Bachelors degree and I am working with the present company for 1yr and 3 months and my previous experience is 3 yrs and 11 months which totals to a complete 5 years of Professional exp
I was under that assumption that this will cover my 5yrs and plus my bachelors degree will qualify me in EB2 category.
Gurus, can you please advice me if my understanding is correct and whether i can file my labor in EB2 category?
Any advice on this is greatly appreciated as i am planning to file my labor and do not wish to be in any misconceptions or presumptions?
Kowligi
Two criteria
1) 5 years before your company applies for your Labor Cert
2) The position your company looking to hire should need Bachelors + 5 plus years experience. This is equally important.
more...
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mallu
06-17 11:59 AM
On 06/16/2008 I got the magic emails of I485 approval. :D:D:D
Good luck to you all.
After a wait of 5.5 years, i too got approved yesterday.
Good luck to you all.
After a wait of 5.5 years, i too got approved yesterday.
more...
tikka
06-25 04:23 PM
It will be nicer that way.
done...
done...
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milind70
02-06 06:11 PM
Hi All -
3 weeks back due to some urgency my brother left USA for India. He filed his I-485 and AP in August 2007 but just yesterday I got his advance parole.
His H1B visa on passport is expired.
Could I mail him the advance parole and he can enter US based on that ?
Do I need to send both the copies of advance parole ?
Please answer if you are 100% about above questions.
Thank You.
He cant use the AP since when we left the country his application was not approved
3 weeks back due to some urgency my brother left USA for India. He filed his I-485 and AP in August 2007 but just yesterday I got his advance parole.
His H1B visa on passport is expired.
Could I mail him the advance parole and he can enter US based on that ?
Do I need to send both the copies of advance parole ?
Please answer if you are 100% about above questions.
Thank You.
He cant use the AP since when we left the country his application was not approved
more...
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09-12 01:04 AM
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pvpb
10-25 01:47 PM
I am in very similar situation like srikanth...applied to NSc on aug 3rd...got receipts from VSc and EAD card ordered...485 transfered to TSC though my 140 approved from NSc...i live in NC so maybe TSC has jurisdiction overthat.
NO FP yet..got a query on my wife 485 that no FP fees even though they cashed it..lawyer replied back but in the meanwhile case was transfered to TSC.
I am not sure if VSc will sent teh reply to TSC or what is going to happen..
so psnycgirl, u got FP notice is it? my case is similar. tsc <> vsc <> tsc.
got receipts and transfer notice from vsc to tsc. but no FP yet.
online status shows ead card production ordered for me and my wife on oct 22nd...
my appl reached tsc on aug 3rd. receipt date is aug 3rd and notice date oct 11th.
when did u get FP appointments. just recently or long back??
NO FP yet..got a query on my wife 485 that no FP fees even though they cashed it..lawyer replied back but in the meanwhile case was transfered to TSC.
I am not sure if VSc will sent teh reply to TSC or what is going to happen..
so psnycgirl, u got FP notice is it? my case is similar. tsc <> vsc <> tsc.
got receipts and transfer notice from vsc to tsc. but no FP yet.
online status shows ead card production ordered for me and my wife on oct 22nd...
my appl reached tsc on aug 3rd. receipt date is aug 3rd and notice date oct 11th.
when did u get FP appointments. just recently or long back??
more...
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lacrossegc
02-06 04:10 PM
make absolutely sure that the approval date on the AP is before the date your brother went to India.
If it is then send him all the copies of AP and he should have no problem comming back.
If the approval is after the date he left US, then the only other option he would have is to have a H1 stamped at the consulate .... (with the assumption that he already has it extended) This would preserve his GC application.
If none of the above hold true, then better get a lawyer's advice before doing anything further
If it is then send him all the copies of AP and he should have no problem comming back.
If the approval is after the date he left US, then the only other option he would have is to have a H1 stamped at the consulate .... (with the assumption that he already has it extended) This would preserve his GC application.
If none of the above hold true, then better get a lawyer's advice before doing anything further
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javadeveloper
03-30 10:57 AM
Hi texcan
Did you go to India and come back??? Please do clarify since it would help me a great deal. I have a family emergency compelling a short trip for me to India (for a week). I lost my job in January and am still yet to find one. I need to go to India next week and come back. Will it be possible to use AP or will I have any problems at the POE?
Thanks!
What's your answer for the following question at POE?
Q:Who is your employer.Are you still with your GC sponsoring employer?
Did you go to India and come back??? Please do clarify since it would help me a great deal. I have a family emergency compelling a short trip for me to India (for a week). I lost my job in January and am still yet to find one. I need to go to India next week and come back. Will it be possible to use AP or will I have any problems at the POE?
Thanks!
What's your answer for the following question at POE?
Q:Who is your employer.Are you still with your GC sponsoring employer?
more...
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EADchallenged
06-20 10:10 PM
Guys,
I do not understand the intent of the post - is it to rejoice or to lament the news. I do hope it is not a ill-advised attempt to put a positive spin on something which to me is clearly very frustrating.
My suggestion is that instead of trying to churn the ocean with CIR, IV should focus on SKIL and take this opportunity with the lull on CIR to get a retrogression relief measure passed with out too much fanfare.
IV - please keep up the good work!
I do not understand the intent of the post - is it to rejoice or to lament the news. I do hope it is not a ill-advised attempt to put a positive spin on something which to me is clearly very frustrating.
My suggestion is that instead of trying to churn the ocean with CIR, IV should focus on SKIL and take this opportunity with the lull on CIR to get a retrogression relief measure passed with out too much fanfare.
IV - please keep up the good work!
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ArkBird
06-15 08:38 PM
Dear IV seniors
We are in danger of losing this right, even though it appears directed at illegals. Is there anything we can do to save ourselves?
It's just talks. I don't see it happening anytime soon with Democrats controlling House, Senate & White House. It will be political suicide for anyone who touches it. Hispanic Lobby is just too powerful...
We are in danger of losing this right, even though it appears directed at illegals. Is there anything we can do to save ourselves?
It's just talks. I don't see it happening anytime soon with Democrats controlling House, Senate & White House. It will be political suicide for anyone who touches it. Hispanic Lobby is just too powerful...
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Better_Days
10-24 07:23 PM
My father applied for a visit visa more than a year ago. We are still waiting for his Administrative Processing to be clear.
What kind of a security check is needed for a 70 year old, retired grandfather is simply beyond me.
The simple fact is that as long as people are willing to put up with this crap, it will continue.
If the number of Indian students drops by 30% watch how the government will scramble to fix the problem. Education export is a huge industry. If people define a deadline and move out after that, it will be enough to bring these morons to their senses.
As long as there is no shortage of South Asians dying for the American dream, this abuse (and yes I regard this as abuse) will continue unchecked.
What kind of a security check is needed for a 70 year old, retired grandfather is simply beyond me.
The simple fact is that as long as people are willing to put up with this crap, it will continue.
If the number of Indian students drops by 30% watch how the government will scramble to fix the problem. Education export is a huge industry. If people define a deadline and move out after that, it will be enough to bring these morons to their senses.
As long as there is no shortage of South Asians dying for the American dream, this abuse (and yes I regard this as abuse) will continue unchecked.
fall2004us
08-05 02:56 PM
Can someone please tell me how many days in advance does the CA DMV mail out renewal notices. Mine will expire in october.
eagerr2i
04-29 04:32 PM
There is not going to be one solution to get the economy back on track; infact there needs to be a multitude of things happening simultaneously and this happens to be one of those various measures. The points made by the panel were that these are some of the items worth looking at which would not cost the US exchequer tons of money like what we have seen being spent with out the guarantee of a result that the government wants to see. These are common sense solutions that could be excecised up on
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