bradley emmanuel

What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?

From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?

Can anyone who has sold a property on h1 or EAD confirm this?

Please share first hand experience and not something that someones heard through the grapevine

> ***If you don't sign, that means no snacks
LOL:-) Thanks for making my day!

NORCAL, see you there on Sunday!

It is not mandatory to join GC sponsor company while it is under process but it is mandatory to join after approval. Better to consult an attorney.

I have made several attempts to get my money back from my previous lawyer without any success. After complaining about his services, he has sent me an email saying the he will return half of the money because he was not prompt on processing my case and I was not happy with his services. I received that email about 6 weeks ago and haven't seen a dime from him yet. And I do not think I will get my money back from this guy. This was paid for creating my job profile and filing the labor - what this bastard calls an initial retention.

Is there any specific website/forum where I can post my experience with this guy so that others will not take their business to this scammer. Please let us know if there is anything that we can do about this type of guys?

nice job
Nice

Great job cataphract ! meeting in person helps a lot, I'm wishing MA volunteers step up and get motivated. Does red bull really work ;) just kidding, good luck.

me/spouse finally got our GCs in mail today. Interestingly the green card is not green, it just white mostly

best of luck to others in the journey.

Have had unfortunate turn of events and need your guidance.

I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.

Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.

USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.

The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.

The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.

I want to know my chances of getting an h4 approved.

You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.

Hi Everyone,
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.

Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?

One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??

Appreciate peoples inputs.

just now I gave 5 star and posted my comments

Thanks.
I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
But my attorney said its no use to beat the system and I should wait till october.
I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.

Every day matters as the counter is 180 days. It is like a time bomb clock.

I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.

bump

In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

Experts, please comment. I may have to face this scenario.

Thanks!

Abhijit
Contribution so far: $100

I am not sure about changing H4 to F1 as F1 is dual intent visa. I am sure mostly your wife's F1 will be rejected at Consulate as her spouse is staying here but I am not sure about changing status from H4
to F1 here.
If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer

Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.


Anyway, I need advice/conformation


I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

I live in a small town and work for fortune 100. Last month I saw some 10 Indian families in my small town and wondered what they are doing here? There are only two big insurance companies here and the other one does not have any H1bs. In my company there are four H1bs.

When I talked with them, they all came here for the first time from Accenture India. It was interesting to know that those guys are team leads and PMs back in India, but are mere programmers here. They say, they are not involved in any managerial or design activities. All they were given instructions from the perm employees on how/what to do. When discussed more, they said that is how Indian consulting and American companies work. We are PMs and leads only in India, but not when we are deputed to US. But if we go to UK/AUS, then we do the real PM job but not in US. Also 80% of Indian companies revolve around US projects.

The reason for me to say this now is I was thinking all these days that I lost big opportunity because I did not move back to India in right time. This is not true. Even if I decide to move back now, I should be able to get Sr.PM job. I learnt a lot from those guys about the Indian market. After that I felt the only thing I missed is Indian food.

What makes you say that there will be a spike in the PM jobs?

Keep the cash rolling...for that will only save us from the gross injustice.

In that case we ourselves can keep a counter how many IV members did file 485 in June 07. It might give us a rough idea.
New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.

If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..

Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....

So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...

Sree

I did first time AP early Feb.. I just put in a date in May and got the AP in 3 weeks (though my online status still shows received and pending).. Document listed by godspeed is what I also sent. hope this helps!

Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"

And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?

I would highly appreciate your help!
Thnaks in advance!

it seems like the IV tracker doesn't update immidiately... i've made a change to my PD as i had put a slightly wrong date... but the update hasn't kicked in as yet.

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Please navigate to the following threads and do the action items

http://immigrationvoice.org/forum/showthread.php?t=11694&page=2

http://immigrationvoice.org/forum/showthread.php?t=11962