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GSRK's Immigration Cases

It's enough to have US Masters equivalent (watch out for 6Yr requirement ). Move forward if you have legitimate position with unique skills.

to all others:
There is nothing called queue jumping or conversion. The process has to start all over again with its own position and skills and nothing to do with the existing category at all.

to OP:

I've much earlier PD than you and i've decided to port my PD and crossed the I-140 stage within a year successfully recapturing the priority date with the same company for different position. Anybody who can find another position qualified to file superior category please do so. After all this will be a redundant little painful process when you compare the emotional breakdown you will have by looking at the visa bulletin every month for atleast next decade or so, new interpretation for the existing laws, port of entry denial, ICE, auditing, etc., Ofcourse no one need to worry about if they are genuine, but that will not help that you've to wait for long long time if you r stay put with EB3-I.

to salani786:
thats what my lawyer said, you can keep your EB3 as it is while you processing EB2 if that is for the future employment. I didn't withdraw my EB3 I-140 and i've approved for EB2 I-140 with OLD priority date.

Yes, but don't do it that way if your priority date is older. My attorney suggested to file I-140 by premium requesting to capture the priority date first instead of filing together. This way you can increase the possiblity of processing your case faster. My attorney is right in this regard as for as my case.

Mine was approved 12/07. Finally, today my attorney reported that they've received the original approved labor. Wish you Good Luck.

I am also in the same situation and the lawyer requested to send it to the new location. I am not sure how long it is going to take though!

Thanks. This I-140 is for another position based on the new PERM approved a couple of weeks ago. Hoping to recapture the OLD priority date with EB-2.

Can I file my second I-140 thru' Premium Processing?
I already have an approved I-140 which makes me to be elibigle for H1 extension in 3yr increment.
Is premium processing available for everybody without restriction yet?

All US entities in INDIA sends 1099 for US persons.

You need to declare only the income(interest, divident etc.,) from any foreign bank account. These income should be declared in US and the % varies country to country based on the intercountry treaty made by the respective government to avoid the double taxation for their citizens.

NRE/NRO A/C matters. Different tax rules apply both in INDIA and while claiming exemption in US.

There is no threshold on principle anwhere on any account, but income earned on pinciple even if it is one rupee or dollar matters for both government and taxed as per rules.

In layman terms, Obviously NRO (fixed term deposit) pays more (but do have complications in taxes & repatriability) than NRE (don't have tax liability and repatriablity problem)

But here is catch for the NRO A/C for NRIs.
1. Interest earned on NRO deposit is subject to TDS (Tax Deducted at Source) as per Indian Government regulations.
2. The TDS is deducted from NRO interest income for any amount (even for one rupee interest earned).
3. The rate of TDS is 30% plus education cess (at present 3% of the tax).
4. If total income (interest in this case) is more than 10 lacs then additional 10% of the tax should be deducted as surcharge.
5. Under DTAA(Double Taxation Avoidance Agreement) – reduced rate of TDS will be 15% for USA by providing Self declaration & Tax residency certificate from their country of residence
6. So TDS deducted over and above normal applicable tax can be claimed back while filing tax return

The interest income thru' NRO (NRE as well) is also taxable (less anything already paid to indian government) in USA, if you r permanent resident.

manju:

if you r permenant resident for tax purpose, your've to declare all the income to IRS (exemption apply). Unfortunately interest income from NRE A/C is taxable as per IRS. The indian government don't care anything in NRE A/C principal as well as interest as opposed to NRO.

Limitation(1Mil, for bonafide purpose), complications(need CA certification etc.,), non-repatriable (including principal & interest) all applicable only to NRO account and Do banks tax 30% of any interest income at the time crediting to your account. Only under certain circumstance you can repatriate any money from the NRO. Still, you've to declare this NRO account to IRS and claim exemption to keep the record clean in case of auditing.

I've recently opened a NRE A/C and I've send almost all of my savings to that account. Only sky is the limit, there is no ceiling amount that how much you can transfer. I did transfer a significant amount in one transaction. What I was told are the following.

1.Dont need to pay any taxes to INDIAN government for the money you have it on the NRE A/C (provided inward remittance to that account is not from any source in INDIA - I dont know anyother way you can deposit to NRE A/C, other than foreign source).
2. If you are permenant resident for tax purpose (NOT GC - Permenant Resident - IRS has its own rule to determine that your permenant resident for tax purpose or not) you've to declare global income as per law. This means you've to declare the interest income accrued in the NRE A/C to IRS and it is nothing to do with the any amount you sent below or over some ceiling amount discussed as per OP.

I did get approved few months ago from TSC with the expensive evaluation equivating my 3Yr bachelor to US 4Yr degree, But i think i've overcome this problem with my MCA graduate degree. I've evaluated seperately my graduate degree to MS equivalent. Initially i didn't have any equivalency words(was B.S 4yr) and later on i've amended my LC to include all possible fancy equivalency words (foreign, experience, combined degree, etc.,).

Not approvable, Priority (Date) is not current. This is EB3-I and just filed LC. How come one can expect physical card in the mail today or tomorrow or in the coming weeks?

I did the evaluation through www.degreepeople.com, because my lawyer insisted to get the US 4yr degree equivalency from the indian 3yr degree. This is very expensive and i personally feel that this wont help alone. I didn't have the equivalency wordings in my original filing of my labor and i amended with all fancy words later on and i think that helped a lot. But that amendment caused to put my labor in the cold storage in the backlog center until last september and made me to miss the 485 boat in the july.

I just got an e-mail from CRIS that my case has been approved. I was worried like every one who has 3yr degree even though i did amendment for my labor to include the fanacy words like foriegn equivalent etc., I think my M.C.A. degree plus the expensive evaluation ($1000 - you might guessed where i did) might helped to overcome the 3yr degree issue. Also my company was showed loss in 2006 with strong earning in 2007 and i was underpaid (5K) than my labor wage. I am fortunate to get the direct approval. I wish you all to get the approval asap.

Yes, I did receive an e-mail on that day for my H1-B saying that my case has been approved(but that has been originally approved 6 months ago). My I-140 is also pending. Probabily some mass update that caused to send all these scaring e-mails. I think, we can just ignore this.

Member Profile: GSRK (18 posts)