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met3259

07-18 04:40 PM

i was reading http://www.immigration-law.com/Canada.html just now,
and I know that each year only 140000 green card is allocated for EB category.

I have several question regarding this number/quota:

1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?

2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)


thanks in advance :D

Let me guess - your PD (that is somthing we call a Priority Date -- the date you applied for LC (Labor Certification)) was YESTERDAY?????

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reddymjm

06-13 05:43 AM

for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.

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Fugu

01-11 04:19 PM

I really appreciate you taking the time to reply to my questions.

My husband and I are British, not sure if that slows things up or down :)

Thanks again for all your help.

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rally

07-19 10:23 AM

Could you please comment on the above?


Thanks

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FinalGC

03-30 12:57 PM

Guys....stop getting into wrong conclusions from my question....If you read my question carefully....you will see I started the question as a "case"...so it was a "case scenario" and not a state where my GC was approved.

To quench your confusion......my GC is still pending.....Hope that calms you guys down....the answer to my question has also been answered.....

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WithoutGCAmigo

06-07 05:37 PM

sorry my friends; 'm not understanding;when i viewed immigration voice last time you were all supporting it now you are against it. i'm quite confused:confused: :confused: :confused:

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nchendica

06-24 06:53 PM

I am also on the same boat. Did you get answer for your question? i.e. linking your old 485 to new I-140?


Thanks,
Naga

Hi,

My company gave ma a substitution labor and it is having a problem in term of degree.
My I-485 is also pending based on that I-140.

1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?

2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.


Please advice.

Raj Soni

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adde72

07-05 11:25 PM

Whatever the conditions put for immigration number of people to work in USA is increasing. Yearly there is 20 to 30% increase in F1 Visa for past 3 years . And 130k H1b applications also tells the story. Still USA is topmost market for India and China. USA depends on India and China. But opposite also true(India and China dependent on USA). The change of equation unlikely for many decades. Many European countries and Gulf countries are giving temporary visa and no green card. Still huge demand for working in those countries. Immigration is USA is for mutual benefit not just for country but also for immigrants. If dollar value goes down 20 rupees then outsourced jobs will come back to USA and Indian economy also will crash. So ,for developing countries welfare USA economy should be stable


Indian economy is not depend on the dollar value !!!! wake up ..Its not the IT companys any more ..there are infrastructure ,reality and services sectors which are driving india now...our imports cost more than exports ...

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wandmaker

11-16 08:17 PM

I called NSC but I never heard the option that you mentioned (Receipts not received). Could you explain it?
Thanks!

800-375-5283 - I choosed 1,2,2,6,2,2,1 ; I got connected to CSR Level 1 and Level 2.

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dpp

01-23 11:59 AM

I also got the similar letter from Indiana Senator.

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JunRN

12-17 06:22 PM

No, it's not but you will get in trouble if you don't.

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abhijitp

07-25 01:54 PM

My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

Do I need physical copy of my approved LC to file 140?

Replies will be greatly appreciated
I would file a separate I-485 and I-140 for this other LC. Experts, what say?

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number30

10-22 04:47 AM

Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.


If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?

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bandoayan

12-21 11:50 PM

Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

Please share if anyone has any idea one this

Thanks
-MK

My H1 petition (3 yr extension after completion of 6 yrs) was approved on 10/4/2010 and I had my visa interview at the Kolkata Consulate on 10/29/2010. I was a little concerned because PIMS had mostly been an issue for newly approved petitions and in my case the approval was granted only 25 days before the interview. On the interview day, we were made to wait a little longer than the B1/B2 cases and the visa officer finally called us. We were asked some formal questions and visa was granted. Possibly the PIMS verification was done while we were waiting. Hope this helps!!

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soarin3655

04-08 02:41 PM

US taxman gets after Indian-Americans - The Times of India (http://timesofindia.indiatimes.com/nri/news/US-taxman-gets-after-Indian-Americans/articleshow/7915510.cms)

US taxman gets after Indian-Americans
Chidanand Rajghatta, TNN | Apr 8, 2011, 09.40pm IST

On Thursday, the US govt filed a petition with the court to allow the IRS to serve what is known as a "John Doe" summons on HSBC Bank.


WASHINGTON: When you do a good deed, get a receipt, just in case heaven is like the IRS, goes the sagely tax advice in America. Some 9000 Indian-Americans are about to discover that tales of the dreaded Internal Revenue Service's omnipresence are not entirely exaggerated.

While millions of Americans are sweating it out to file their tax returns before the April 15 deadline, Uncle Sam's taxman has zeroed in wealthy Indian-Americans suspected of using their native land to stash away undeclared money and evade taxes. Yes; while India has long believed its wealthy has stashed away money abroad, the wheel has turned a full circle. The US now says its Indian-American citizens are using India as a tax haven.

In a surprising move that takes the American hunt for hidden money beyond the usual Swiss and Caribbean tax havens, the US Justice Department's civil tax division on Thursday asked a Federal Court's permission to force the London-based HSBC Bank to disclose names of thousands of wealthy Indian-American clients who it says maintain accounts with more than $ 100,000 in the bank's India branches -- ostensibly to hide it from the IRS taxman.

In a 47-page statement filed before a San Francisco court, the IRS said there were 9,000 US residents of Indian-origin who had $100,000-minimum-balance accounts at HSBC India but that fewer than 1,400 had disclosed existence of their accounts. US laws require citizens to disclose any foreign account containing $10,000 or more.

The US hunt for Indian-American tax evaders follows a case early this year when federal prosecutors nailed Vaibhav Dahake, a US citizen and an HSBC client for tax evasion by stashing money in India. According to documents filed with the government's petition, on Jan. 26, 2011, a grand jury in Newark, New Jersey, indicted Dahake, charging him with conspiracy to defraud the United States by using undeclared accounts in the British Virgin Islands and at HSBC India.

According to those documents, employees of HSBC Holdings plc and its affiliates operating in the United States assured Dahake that accounts maintained in India would not be reported to the IRS.

US authorities, attributing the information to HSBC's website, say that in 2002 HSBC India opened a "representative office" at an HSBC USA office in New York City to enable ''Non-Resident Indians'' (NRIs) living in the United States to open accounts in India. In 2007, HSBC India allegedly opened a second representative office at an HSBC USA office in Fremont, Calif., purportedly "to make banking transactions more convenient for the NRI community based in California." Although HSBC India closed those offices in June 2010, the government alleges that NRI clients may still access their accounts at HSBC India from the United States.

According to the petition documents, NRI clients have told IRS investigators that HSBC's NRI representatives in the United States assured them that they could invest in accounts at HSBC India without paying US income tax on interest earned on the accounts and that HSBC would not report the income earned on the HSBC India accounts to the IRS.

"The Department of Justice is committed to ensuring that all US taxpayers meet their obligations to declare and pay taxes on foreign bank accounts," John A. DiCicco, Principal Deputy Assistant Attorney General for the Justice Department's Tax Division, said in a statement. "The ability to hide accounts in foreign countries is rapidly dwindling. We will continue working hand-in-hand with the IRS to enforce the tax laws against those who are using offshore accounts � wherever they are located � to evade taxes."

The IRS focus on India and Indian-Americans follows a campaign against undeclared offshore accounts held by US taxpayers, primarily in tax havens such as Switzerland and the Caribbean. In a landmark case in 2009, the IRS went after UBS AG for allowing U.S citizens hide their assets and evade taxes. UBS coughed up $780 million in fines, and more importantly, turned over some 4000 names in a precedent-setting case.

"The IRS continues to focus its attention on international tax evasion," IRS Commissioner Douglas Shulman said on Thrusday about the HSBC India case. ''This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I've said all along, our international efforts are not about just one country or one bank � it's about our wider effort to ensure compliance with the nation's tax laws."

Meanwhile, an HSBC spokesperson in New York told wire services that the bank has been engaged in a "constructive dialogue" with US authorities and hoped the issue can be resolved expeditiously. "HSBC does not condone tax evasion and fully supports the US efforts to promote appropriate payment of taxes by US taxpayers," spokeswoman Juanita Gutierrez said, adding that the bank complies with the law in all the jurisdictions and cooperates with requests from US authorities.

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natrajs

03-12 05:33 PM

M.B.A is always good no matter whether you are on H1B and or on GC, It is good for the career growth.

I have a MS and doing my MBA in finance and I am in IT, so if there is an opportunity take it and go for it

Good Luck and Best Wishes

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reddog

11-18 08:42 PM

To be totally at peace, you can send an invitation letter and ask them to carry a printout of the letter.

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ski_dude12

02-17 09:51 PM

We had out fingerprinting done 3 weeks back.

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gclabor07

02-13 11:33 AM

Thank you everyone who responded to my post. I'll take the lifetime learning credit. No point in giving money to uncle Sam.

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ns33

03-12 03:35 PM

refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
Also, refiling could be required if your job categories are changing. from technical to managerial or so.

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honeyB

01-23 04:42 PM

bump

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