Wednesday 8 June 2011

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  • Aah_GC
    06-19 07:42 AM
    Are you talking about I485? This document is mandatory - why don't you either ask your lawyer for a copy or call up USCIS and explain the case. I think there is an email address that folks here can share with you.

    Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.


    My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.

    This is for an EAD Renewal.

    Is it ok if I don't send the I-485 Receipt copy ?

    -Bipin




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  • SunnySurya
    08-14 10:55 PM
    USCIS is sick of active IVian and they want them to suffer. These active IVian have PD earlier than 2006. I am one of them.
    How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.




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  • WaitingUnlimited
    09-21 02:31 AM
    I am not an attorney but I was in almost similar situation.

    1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.

    2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved

    3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.




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  • desi485
    11-10 07:49 PM
    I don't know the answer and would be interested to know, however in case if your friend flys via destinations like UK then he might face issues while going back. If the current US visa stamp is expired for an indian citizen, transit visa is needed. So keep that too in mind.



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  • insbaby
    05-04 06:00 PM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
    3. Would he have to go through his visa stamping again?

    Much apprecaite your reply.

    -

    There are few steps you have to follow:

    1. As the previous post says, report to the nearest police station and get the number.

    2. Find which consulate gives service to your state from this URL http://www.indianembassy.org/newsite/consultates.asp

    3. Go to their website, and there is an emergency number/lost passport number, call and inform them.

    4. You have to fill up the application forms (they will guide you), includes the scanned copies of the old passport and proper fees, overnight to them.
    They will process it and issue either a new passport or temporary passport to your father in a quick period of time. It may not be in a week, but surely won't take more than a month.

    5. Inform USCIS the same and get guidance from them.

    The only issue you have during this process is, he may not be able to travel within US without proper photo ID. You should be ok within your city as he is senior.

    Always keep the copy of the scanned passport at hand when going out.

    Good luck.




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  • Helene Patarot


  • lonedesi
    04-04 10:08 PM
    A friend of mine who has a bachelor's degree from India applied for her labor through PERM under EB2 category, which was approved. This was done based on the attorney's advice. Later, when the I-140 was to be submitted, the attorney advised that they should file I-140 under EB3 as the employee just had a bachelor's degree and he thought that they would get an RFE or will not probably be able to justify her qualifications for an EB2 category. At that time he also mentioned that, once the I-140 was approved, they could go ahead and submit I-485 application as though it was an EB2 case based on the approved labor. Now that I-140 is approved under EB3 category, he is going back on his words and telling that since I-140 was approved under EB3 category, they should file I-485 as though it is an EB3 application. There is a vast difference in priority dates between EB2 & EB3 categories and this is not helping the problem. Would it be okay to apply I-485 under EB2 category based on the approved labor (EB2) or should one apply I-485 under EB3 based on the approved I-140 (EB3)? Anyone who has had any experience or has any information in this regard, please advise. Or did the attorney mess up first time and he is finding an easy way to fix the problem by going the EB3 route? I sometimes wonder if these attornies really know what they are talking about or they just out there to make money at the expense of innocent people like us.



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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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  • rajeever
    02-27 12:33 PM
    Hi,

    My name is Rajeev. I�m working as a senior technology consultant (Senior Business Analyst and Senior Quality Assurance) with a top IT consulting and service company.

    Background:

    My H1-B visa and 1-94 are expiring on July 06th 2009 (almost 4 months from now) and final 6 year H1-B time is ending on May 2011.

    I spoke with the HR manager of my company to renew my H1-B visa four times in last couple of months but every time she says that there is of integration going on (Actually, my company was acquired by another company and right now integration is going process is going on). However, I spoke with the immigration department of my company and they told me that since integration process is under way, however this integration process will not effect the renewal of H1-B process, company will deal it in the same way it was dealing before. I explained this thing to my Manager on Tuesday but again, she was not convinced and want to speak with the her immigration contacts and advised me to wait and didn�t gave me a date when she is going to get back to me ( I don�t know what is going on in her mind).


    So far, I�ve not applied for Green card, actually, last September, I submitted all the paper work to my Manager (till Dec 2008, I was employed with the consulting division of my company and afterward, I was transferred to the local account). With this transfer, my consulting division manager refused to process and pay for my GC and advised me that I should apply it through local account.

    Now local account is saying that it is very unlikely that they�ll sponsor my GC because there is lot of cost cutting going on and GC process takes anywhere from 10 K to 14K. I did told them that company may deduct the GC fees through my pay. But I didn�t hear anything from them so far. Its been almost 2 months now.


    Advise and Help:

    Since my final H1-B is expiring on May 2011. Almost 2 years and 2 months. My GC is not filed yet. What should I do now?

    1. Look for a new job, who can sponsor my H1-B (actually, I�ve started looking but no luck yet).
    2. What if if I don�t find a job till July 6 2009?
    3. is it a good idea to transfer my H1-B visa to Indian consultancy company without a project in hand?
    4. Please recommend good Indian consultancy companies to whom I speak regarding my H1-B transfer and GC application process.

    Please ask me specific questions or which I may not have addressed above or I�ve not explained any section above.

    On the different note, I was also got stuck in Canada last year from April 2008 to Aug 2008. Here is my previous post http://immigrationvoice.org/forum/showthread.php?p=279088.


    Many thanks!

    Rajeev

    .



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  • psaxena
    06-26 06:22 PM
    '^^^^^^^^^^^^^^^




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  • Ciarán Hinds#39; biography


  • styrum
    02-13 11:50 AM
    Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM!

    http://online.onetcenter.org/help/online/zones

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
    (if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)



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  • hebbar77
    12-09 09:01 PM
    On bench with GC... Thats like you are out of job isn't it? On H1 if this happens its also illegal. I assume bench means no pay or LOWER than normal pay for the job.




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  • eb3_nepa
    03-16 09:42 AM
    Is filing for 485 to get EAD etc really fraud? I mean it is their JOB to weed out the priority dates that are not current :). Besides if anyone is at fault it is the immigration lawyers.



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  • pp2007
    11-15 11:14 AM
    which city in TN?




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  • paskal
    12-14 12:41 AM
    Hi all,

    Between this thread and the main chapter thread, we have now accumulated a handful of members, looks like we are all set to be an active chapter!
    couple of things:

    1. IV IL chapter has invited us to their conference call, please check the thread called "Members in MN" under the IV agenda forum, if anyone can participate and report back here it would be great.

    2. Conference Call: Anyone have dates or times in mind? btw pappu, question for you: does iv have a way of facilitating these calls?

    Looking forward to hearing from you all, together we will surely achieve our objectives...

    Puneet



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  • ciaran hinds ruth wilson


  • linuxra
    09-28 08:08 PM
    Any people have idea on the above rfe




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  • BEC_fog
    02-27 09:10 AM
    One interseting thing you mentioned about your current employer "which is paying me half of what I should be earning as a GC holder".

    Not paying the prevailing wage that the employer promised in the GC application....I don't know if you can use that to move and show that you wanted to work but the employer was not paying the prevailing wage and you had no option but to leave? I am sure that this is illegal on part of the employer...make sure you keep your paystubs to show this. But consult an attorney to see what he/she thinks.



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  • prabasiodia
    05-25 01:49 PM
    Also ask/inquire about whistleblower protection while filing your complaint. There should be valid reasons for lay-off but filing complaint against the employer with DOL is definitely not one among them.




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  • Ciaran Hinds


  • snathan
    05-23 06:14 PM
    Hi,

    Today I have got the template from Ron and he has written this for atlanta. I also posted question to him for adding the case number. I am bit concerned what kind of impact would be there if we give case number. Apart from that everything looks good. Feel free to add any comment or suggesstion.

    I am not sure about chicago as the number is very small, feel free to add any suggession or you can directly talk to Ron Gotcher. if you are like around 10-20 guys, you may hire him and ask him to represent. I dont feel comfortable to ask him more help as he is not accepting any fee or just let me know if you how to approach/your thoughts.

    ================================================== =====================================


    Gordon S. Heddell
    Inspector General
    United States Department of Labor
    Office of Inspector General
    200 Constitution Avenue, NW
    Room S-5502
    Washington, DC 20210



    RE: Complaint of Malfeasance in the Atlanta Foreign Labor Certification Office

    Dear Sir:

    We, the undersigned, are victims of persistent malfeasance existing in the Atlanta, Georgia office of the Department of Labor�s Foreign Labor Certification Program. All of the undersigned are the beneficiaries of foreign labor certification applications filed with that office. We have seen similar applications filed by others, substantially after our applications were filed, processed to completion. We have made inquiries into the reasons for the delays in our cases but we have not received any answers, much less explanations.

    It is our understanding that the Atlanta office is no processing cases on a first in, first out basis. Rather, they are selecting cases almost at random for processing. This is unfair and unreasonable. Later filed applications are being given preferential processing over earlier filed cases.

    We ask that your office open an investigation into the reasons for this policy. If you find improper conduct, we ask that you recommend appropriate disciple for those responsible. If you do not find improper conduct, we ask that you require the Atlanta office to provide a detailed explanation for their behavior and, on a go forward basis, provide for transparency in their selection process. Whatever the reason for their existing procedures, there is a clear air of impropriety in what they are doing.


    We look forward to your reply.

    With regards,

    [for each person who signs on, they need to give their name, their employer�s name, their case number, and their filing date.]

    ================================================== ======================================
    For Admin:

    Can you please keep this post in the top for sometime, so we can get attension/suuport from more people.


    Guys, people contribute/support to IV's fund drive if you didnt do already. If you gain something from IV please consider to give back something. I believe we can clear and come out this mess with our collective effort. Thanks a lot for all of your support




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  • admin
    01-29 08:44 PM
    Yeah it will move forward but retrogress back again once the approvals from the BECs begin to come in.




    Solong
    07-22 10:34 AM
    Thanks for sharing your different experiences. I feel relieved now. I'll check with my lawyer on Monday just to make sure he knows about that potential issue. You've made my day.

    Solong




    rheoretro
    08-18 01:20 PM
    The I-140 stage these days isn't very slow, but at one time in the not-too-distant past it was...



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