gauravster
10-04 03:18 PM
1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).
2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.
3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.
4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.
But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.
2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.
3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.
4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.
But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.
wallpaper Prince Harry Done in By Drunk-
santosh19
10-09 06:25 PM
Got to the forums menu and select I-485 reciept tracker and you will find that you are not the only one sailing. There are bunch of July 2nd filers who have not got their reciepts yet to start with. I am one among them . Filed on July 2nd no activity yet, no checks cashed .
tapukakababa
03-10 01:50 PM
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
2011 Party-loving Prince Harry
dummgelauft
05-15 09:45 AM
Hey, what you think or say does not matter. This is what lawyers are for, go hire an attorney.
Oh! I might have forgotten that you might be working for a desi consultant, who will pad your resume to make it look like Kernigan's or Ritchie's. ..maybe they can qualify you for EB-1...
Oh! I might have forgotten that you might be working for a desi consultant, who will pad your resume to make it look like Kernigan's or Ritchie's. ..maybe they can qualify you for EB-1...
more...
krish2005
09-18 02:39 PM
One never knows on how CIR will encompass the legality of the undocumented.
My assumption is that it will give them a path that will include fines and of course a duration like 5 years or something. This will mean that in the longer term they will qualify for the healthcare if they adhere to the norms.
These are just my assumptions. If there is a concern to bring undocumented folks into legality then why not give them health benefits if they are willing to get converted into legal way. This may not be a Day 1 scenario of healthcare. But from my viewpoint they still tie in indirect terms (CIR and healthcare vs undocumented folks).
My assumption is that it will give them a path that will include fines and of course a duration like 5 years or something. This will mean that in the longer term they will qualify for the healthcare if they adhere to the norms.
These are just my assumptions. If there is a concern to bring undocumented folks into legality then why not give them health benefits if they are willing to get converted into legal way. This may not be a Day 1 scenario of healthcare. But from my viewpoint they still tie in indirect terms (CIR and healthcare vs undocumented folks).
rockstart
10-23 01:56 PM
Glad to see this law. Also this law gives me hope for recapture. No one knew about this law was in transit and without any hitches this one passed all the way. So for those who feel that recapture cannot pass can rethink their position based on this new fact.
more...
nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
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gc_chahiye
10-09 04:22 PM
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
ask them to look at Questions 7 and 9 in USCISs own FAQ related to 485 filing and the July VB:
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf [pdf]
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filings fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
A9. No, customers will not have the option of paying the new filing fees for adjustment applications.
USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
ask them to look at Questions 7 and 9 in USCISs own FAQ related to 485 filing and the July VB:
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf [pdf]
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filings fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
A9. No, customers will not have the option of paying the new filing fees for adjustment applications.
USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July
more...
ajju
08-29 11:27 PM
Par: Parolee
hair Gallery: Prince Harry#39;s
nashorn
12-18 03:13 PM
You can set up register on the website of USCIS. After you get an account, put in your case receipt #, and you can monitor the progress of the case.
more...
sanju_dba
09-15 09:58 AM
Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.
so, with 1000 ppl...20 per months. = 20K.
In that case as h1techSlave said, 50% logic goes good irrespective of the target amount.
let it be 20k....200k , half the share goes to IV and half to the winners.
so, with 1000 ppl...20 per months. = 20K.
In that case as h1techSlave said, 50% logic goes good irrespective of the target amount.
let it be 20k....200k , half the share goes to IV and half to the winners.
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santb1975
04-10 06:02 PM
Together we can accomplish a lot
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house images Prince Harry gets
crystal
07-26 03:40 PM
In my case ,to avoid the hassels and to have a permanent(?) address in i-485, i took a new lease a month early than what i thought initially . (So I ended up paying rent at two places becase of the July bulletin and USCIS address change horror stories that i heard ) . a thousand dollar clean waste.Another way USCIS helping US economy
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Appu
04-08 04:23 PM
Zogby, Time, CNN, ABC news, CBS news to do a poll this way:
Who do you think is right on immigration - the house or the senate?
I bet a majority will say "the senate". That should give the House anti-immigration group some pause.
Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.
If you do find a poll like this, popularize it by sending it to local news outlets.
Who do you think is right on immigration - the house or the senate?
I bet a majority will say "the senate". That should give the House anti-immigration group some pause.
Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.
If you do find a poll like this, popularize it by sending it to local news outlets.
more...
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GC_1000Watt
12-19 12:08 AM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Talk to a good immigration lawyer...preferably Murthy law firm.
I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
I am not a lawyer and hence please consult with experienced immigration attorney.
Hopefully new year will come with good news for you. :)
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Talk to a good immigration lawyer...preferably Murthy law firm.
I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
I am not a lawyer and hence please consult with experienced immigration attorney.
Hopefully new year will come with good news for you. :)
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H1B-GC
09-17 02:42 PM
2 times I returned back from Intl trips, the officer kept 1 original. I am left with 1 original. I have one intl trip to make before my renewed AP arrives.
From the discussion, I think the officer will stamp the last original, make a copy and give the original back.
Have a Photocopy of the AP with a "Copy" Seal on it just in case... I had 2 original AP's and both the Times i travelled international - From Rome and Hyd,India to US , the Immi. Officer gave back the Original with the Stamp on it. you could request the Officer to give back the AP explaining your case. This shouldn't be a matter of concern.
From the discussion, I think the officer will stamp the last original, make a copy and give the original back.
Have a Photocopy of the AP with a "Copy" Seal on it just in case... I had 2 original AP's and both the Times i travelled international - From Rome and Hyd,India to US , the Immi. Officer gave back the Original with the Stamp on it. you could request the Officer to give back the AP explaining your case. This shouldn't be a matter of concern.
more...
makeup Prince Harry Drunk Scandal
ca_immigrant
01-20 07:43 PM
anyone on this ?
I too have to go in India....in June....
in case I am not green by then I too have to get the H1 stamped...and anything to expidite the satmping will help...
Thanks to OP for posting this !
I too have to go in India....in June....
in case I am not green by then I too have to get the H1 stamped...and anything to expidite the satmping will help...
Thanks to OP for posting this !
girlfriend #39;rock bottom#39; Prince Harry
thescadaman
09-14 07:22 PM
I had ordered my IV Texas T-Shirt on Sunday and have received it today! I am all set for the Rally and will be departing Houston, Texas on the 17th.
See you all in DC..
See you all in DC..
hairstyles Prince Harry parties hard at
kaisersose
10-17 11:47 AM
Hi,
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
By definition, if they were similar, they would be under the same main code.
Otherwise, we can find something common between any two jobs in this universe and claim similarity. This is open to interpretation and we should not rely on USCIS to be favorable in their interpretations all the time. Hence, I suggest you avoid such risks. But I would also add that you should be consulting attorneys and getting professional counsel in this matter.
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
By definition, if they were similar, they would be under the same main code.
Otherwise, we can find something common between any two jobs in this universe and claim similarity. This is open to interpretation and we should not rely on USCIS to be favorable in their interpretations all the time. Hence, I suggest you avoid such risks. But I would also add that you should be consulting attorneys and getting professional counsel in this matter.
sabbygirl99
03-28 02:28 PM
Has anyone ever seen this scenario before??!
Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.
Is anyone out there like that??? Thanks!!
Sincerely,
Need To Move on With My Life
Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.
Is anyone out there like that??? Thanks!!
Sincerely,
Need To Move on With My Life
kirupa
01-02 12:56 AM
Oh, I wasn't planning on banning any AS1 projects. I don't really care which version of AS people use. Sen could probably use AS4 if he wanted to!
I was just curious to know if our canadian friend was thinking of using AS1.
:P
I was just curious to know if our canadian friend was thinking of using AS1.
:P