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  • raj1998
    04-13 12:49 PM
    I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
    1. if the LCA filed will any longer be valid and that might cause issues with labor dept
    2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
    3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

    when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


    You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.

    In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
    I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....

    But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.




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  • gk_2000
    04-29 09:10 PM
    This is another fake story and push to try to get Congress to do something about easing immigration. 150K entrepreneurs have returned home. Really? I have not seen more than 100 Indian+Chinese NEW companies - worth their name - come up in the last at least 10 years. And about 5000 US firms that are making waves have come up in the US, 90% of which are started by born-Americans.
    Moral: those that returned home were not entrepreneurs!

    Not fair, Mr. GC Vivek. Debunking based on personal outlook. Do you watch out for Indian start-ups for a living? I doubt. Start-ups are just start-ups. None will be famous, until years later, when some of them slowly start getting some success. Do you expect every 10 person company to get mention in timesofindia.com? HA! What you say above, is what is nonsense.




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  • logiclife
    02-16 01:02 PM
    There is a 7% limit per country. This 7% is applicable when all countries have large number of applicants. I case of several countries not filling their own 7% limit, those numbers have gone to India and China whose demand far outstrips 7% of 140,000 EB visas.

    In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.

    I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.

    Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.

    The quota itself is a problem. The per country limit within the quota is NOT a problem.

    --logiclife.




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  • vsrinir
    09-16 03:03 PM
    Pray God!!!

    It Is More Important!!!!!!



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  • Soul
    06-14 08:36 AM
    :beam: Thanks for all your votes peoples!

    I vow never to design to this standard again :P:P

    - Soul :s:




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  • asanghi
    10-16 01:38 AM
    Well your argument sounds one sided. It is true neither China nor India's currency is fully convertible. But what country does not like to have competitive edge when it can afford to.

    Even US provides subsidies to its farmers to make its agricultural products artifically competitive. Another example, US banned Indian steel companies from doing business in US, because Indian steel companies were providing better steel for cheaper price.

    I am not saying that India and China are great. Just wanted to bring the other side of your argument to fore.

    I do not think USA is losing ground. If China and India thinks that they are Really improving economy Why can't they make their currencies free Trade? Why are they artifically Keeping exchange rates. The reason is if really a country is stronger then currency should go up and US dollar should become weaker. But India and Cannot sustain as the export business will go down for India and China if their currency becomes too strong. So India and China are looking for US and europe Market. So inter dependence is always there. There is lot of speculation that India will exceed US in 2020. But it is far from true. For stronger Indian economy India needs US Consumption. For that USA needs to be stronger. May be lot of human resources are there in india. But that will be also resolved in another 20 Years because still Inflow is more than return to india. 80% of H1s are Indians apart from lot of L1 people.



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  • breddy2000
    12-08 07:02 PM
    vet04, Unfortunatly I dont have an answer to your question but if you dont mind can u pls let us know more about your current job so that I can start looking at your current job as an option for me incase if I get a green card. I am serious and not kidding. I want to know who is paying
    200k salary in this job market and what is the job requirement for that.

    He/She might be a "Veterinarian" as his handle is named " Vet04".Might be frustrated working with Animals all day and looking for a change,but honestly I do no know whether Vets get paid so much...:D
    Just kidding and no offense meant...:D




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  • xbohdpukc
    04-06 11:12 PM
    The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...

    that's the official title of the bill, nothing wrong with it.
    they still have a cloture motion vote tomorrow morning, so we'll see.



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  • keerthi
    05-14 01:20 AM
    Thank you very much for all the answers. I will post here when my employer takes a decision on the L1-A/L1-B/H1-B.




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  • sasidhar79
    09-16 03:09 PM
    To all IV members please sign the online petition to drop Lou Dobbs and make this country more progressive.



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  • mukraw6
    11-21 05:24 PM
    It said the same thing for me and that means you will recieve it in a weeks time or your lawyer




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  • mambarg
    08-05 06:13 PM
    With 700K predicted applications pending From July ,
    Was just wondering what will be long term effects.
    Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
    Now coming July which is 6 months prior to expiry of 1st EAD.
    There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?

    It is like any surge in electric voltage generally blows away the device.
    I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
    I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
    Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??

    What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?



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  • it is ok
    05-18 05:27 PM
    Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.

    But with this provision, those PHDs will get their own quota, they would not have to contend with EB2 or EB1, right?




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  • yanj
    12-14 09:38 AM
    Now I am working for a company in OPT .
    have 24 days GAP.
    How can I do to solve it ?



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  • tinuverma
    03-17 12:51 PM
    Hello everyone,
    My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:

    The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?

    Thanks




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  • bkarnik
    11-03 04:34 PM
    Talk to an attorney. Either way it will be money well spent. From what I have heard, these non-compete clauses are very weak and generally unenforceable. Typically, these clauses are applicable for very high level jobs where you may be in a position to benefit a competitor due to your inside knowledge of the current company. Recently, Microsoft had sued one of its senior level employee who left to join Google on the non-compete issue. From what I read the last about it, Google aggressively defended its employee and the case was dismissed.

    I would suggest talking to an attorney specializing in contracts.



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  • vphope
    02-18 05:28 PM
    Hi boston_guy147

    Are there any OPT Electrical Engineer positions?
    A friend is looking ..
    Is there an email/ph to contact you?

    Thanks

    This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..

    I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.

    I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.

    I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?

    Thanks a lot - your help is much appreciated!




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  • feedfront
    10-04 06:30 PM
    Guys,

    You should contact senator, congress man to protest about it. It's better to spend time in contacting them then standing in DMV's queue time again. Use your IV's local chapter and initiate a drive to meet law makers.




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  • nixstor
    07-08 03:33 PM
    Why is he mentioning as East Indians instead of Immigration Voice members


    Can't you see the Gandhi link? Gandhi is East Indian and thats why he might have associated it with East Indian community. Dont harp too much on What Mr Oh wants/thinks.




    sweet_jungle
    09-24 01:16 PM
    [QUOTE=thepaew;292857]It is not possible to switch to F-1 if one has filed I-140. If you wish to pursue an MBA you basically have 3 choices:
    1. US-based part-time program
    2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
    3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.

    Good Luck!

    -N[/QUOTE

    here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
    I do not want to reset my GC process.
    Anybody getting ready for RI next month?




    pankajkakkar
    03-01 06:46 PM
    I'd like to join the conference call as well.



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