abhishek101
02-08 11:43 AM
Hello guys,
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
1. You can walk to your local SSN office and ask them about the lockdown on SSN.
Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)
2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here
401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)
2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.
also r2i websites are great help.
Good Luck
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
1. You can walk to your local SSN office and ask them about the lockdown on SSN.
Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)
2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here
401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)
2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.
also r2i websites are great help.
Good Luck
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Lisap
09-13 12:13 PM
Please see my details in signature
axp817
08-19 10:09 AM
Background: Current AP expires on Oct 24 2010. I don't have the new AP yet, but I should have it soon, and I expect it to be valid from Oct 25 2010 - Oct 25 2011.
Question: Am I allowed to leave the US on Oct 20 2010 (during the validity of the old/current AP) and return on Oct 30 2010 (during the validity of the new AP) if I carry both APs with me?
Thanks!
Question: Am I allowed to leave the US on Oct 20 2010 (during the validity of the old/current AP) and return on Oct 30 2010 (during the validity of the new AP) if I carry both APs with me?
Thanks!
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anilsal
09-28 11:19 PM
With premium processing starting/started for EB2, imagine the speed at which non-premium cases will be dealt with.
NSC has historically been slow.
NSC has historically been slow.
more...
hari_babu22
11-12 01:42 PM
Guys I had posted this yesterday IV is a non-profit. Check the video below - there is nothing to hide:
Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)
The fact that IV is helping Donors is because all its activities are only possible because of Donors, and we are still short of funding. If this was for all for free, then no campaign could be acheived.
And believe it or not , we get a lot of spam and rogue users visiting IV.
BTW I am not in IV management
We need you and a lot more to join. I can't believe you cannot trust IV a non-profit organization with even $25
I know Immigration voice is not for profit organization and it is doing a great job.
My intention is not to belittle IV, my intention is just to express my opinion as a user, most of the problem will be solved if the links are not shown to non members if they are not allowed to see the content.
I just saw your post in YouTube, it is very informative.
Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)
The fact that IV is helping Donors is because all its activities are only possible because of Donors, and we are still short of funding. If this was for all for free, then no campaign could be acheived.
And believe it or not , we get a lot of spam and rogue users visiting IV.
BTW I am not in IV management
We need you and a lot more to join. I can't believe you cannot trust IV a non-profit organization with even $25
I know Immigration voice is not for profit organization and it is doing a great job.
My intention is not to belittle IV, my intention is just to express my opinion as a user, most of the problem will be solved if the links are not shown to non members if they are not allowed to see the content.
I just saw your post in YouTube, it is very informative.
mzdial
June 11th, 2004, 09:55 PM
Grow up dude.. water under the bridge. That response is like arguements I have with my four-year-old son. C'mon.. :-P
-- Matt
-- Matt
more...
GC08
08-26 11:04 AM
Have to agree that it appears to be the case. Look at I140... there is a 4 month difference between the 2 centers. How could that happen?! How come they did not balance the workload to ensure work is done in an orderly way? Probably it is pure mismanagement and incompetence???
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amar123
07-30 02:13 PM
I am primary applicant on our 485 application. Mine and my daughters case doesn't show any LUD. But my husband's status changed to case transferred to local USCIS office. He was on H4 for 6 years and have not used EAD yet. No gaps in Visas. no law violatiobns. Prerry Straight forward case. Recently we applied for Online EAD Renewal.
Any idea why his case might have got transferred ? What should we expect next?
I am really worried.
Interesting Mar 06 EB2 , India?
Thanks,
Amar
Any idea why his case might have got transferred ? What should we expect next?
I am really worried.
Interesting Mar 06 EB2 , India?
Thanks,
Amar
more...
thomachan72
05-25 06:52 PM
Maybe USCIS loves me.
I have a friend whose priority date is March 2005 and he got his GC in Aug 2008.
Good for you. Please do continue to provide your support to this community.
I have a friend whose priority date is March 2005 and he got his GC in Aug 2008.
Good for you. Please do continue to provide your support to this community.
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sledge_hammer
07-16 03:37 PM
ebizash,
If you did not file the AC21 paperwork, what triggered the RFE? Was it a new H-1B petition with the new company?
I was amazed when my HR called me today to let me know that they had no problem in signing the letter and immidiately after the call, faxed me the signed letter.
Thanks everyone for answering my questions on this post as well as via PM.
I can not access PayPal from work but will donate additional $50 to IV after I get back home.
If you did not file the AC21 paperwork, what triggered the RFE? Was it a new H-1B petition with the new company?
I was amazed when my HR called me today to let me know that they had no problem in signing the letter and immidiately after the call, faxed me the signed letter.
Thanks everyone for answering my questions on this post as well as via PM.
I can not access PayPal from work but will donate additional $50 to IV after I get back home.
more...
vijju123
03-31 12:29 PM
Done!
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popoye
04-04 01:56 PM
I am totally in support with IV. I can say bunch of my silent friends support as well. Can we change the name of this thread to something optimistic so that more people will come in a show solidarity to the IV Core.
more...
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Pallavi79
01-07 03:41 PM
Looks like Satyam is worried about upaid case. They are not able to digest paying billions of dollars in court settlements. Hence the drama.
Otherwise where does all the money goes???
Otherwise where does all the money goes???
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JunRN
01-10 05:08 PM
If the other guy worked for the company atleast 180 days, then your employer cannot prove that he had no intention to work for the company. If the guy worked for only a short time or didn't work at all for the company, then the company can win the case.
The greencard of the other person will be rescinded. You can then use his labor.
The greencard of the other person will be rescinded. You can then use his labor.
more...
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lazycis
02-29 01:51 PM
if you have EAD and 140 is approved (And 180 passed since 485filed), then why are you worried about H1 status ?
am I missing something here ..I let my H1 expire and am using EAD now.
I had another question - if one has EAD and 140 is approved (and 180 days passed and a person does not hav H1) - then how long can that person stay unemployed ? please reply if you know ..Thanks !!
GC is fo future employment so technically you need to have an employment offer when your GC is ready for approval. You can be unemployed up to that date, there is no requirement for continuos employment.
am I missing something here ..I let my H1 expire and am using EAD now.
I had another question - if one has EAD and 140 is approved (and 180 days passed and a person does not hav H1) - then how long can that person stay unemployed ? please reply if you know ..Thanks !!
GC is fo future employment so technically you need to have an employment offer when your GC is ready for approval. You can be unemployed up to that date, there is no requirement for continuos employment.
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Dhundhun
07-09 06:57 PM
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
With citizens of India, it is full penson benefits, what ever it is (earned based on contributions). You don't get medicare type of thing.
For citizens of countries like Canada, it is limited by windfall limits. People who worked in both US and Canada become elligible for too much retirement benefits and it is curtailed by limits.
So in nutshell, any treaty may worsen benefits of 10 or 10+ Social Security Contributers.
Refer to http://www.ssa.gov/pubs/10137.html
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
With citizens of India, it is full penson benefits, what ever it is (earned based on contributions). You don't get medicare type of thing.
For citizens of countries like Canada, it is limited by windfall limits. People who worked in both US and Canada become elligible for too much retirement benefits and it is curtailed by limits.
So in nutshell, any treaty may worsen benefits of 10 or 10+ Social Security Contributers.
Refer to http://www.ssa.gov/pubs/10137.html
more...
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krishna.ahd
02-18 09:24 PM
What happens if you get laid off by your employer right after you get the green card? That's different than voluntarily leaving your employer, isn't it?
I guess you are still eligible for unemployment benefits!!!!!!!!!!!!!!!!!!!!!!!!!
I guess you are still eligible for unemployment benefits!!!!!!!!!!!!!!!!!!!!!!!!!
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yabadaba
10-19 08:49 AM
alex: its perm applications prior to 1/1/2006
hence between 03/28/2005 and 1/1/2006
hence between 03/28/2005 and 1/1/2006
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vjone
04-06 05:03 PM
Thank you thomachan72.
Sure I will. I have no application pending.
Friend, with all due respect; what the members requested was to post some information about yourself. are you a immigrant? do you have any application pending / approved etc.
This helps us identify with you as a group.
Thanks for bringing this visa abuse issue to our attention. Just as in any other trade, surely there are many abusers, however, this economy fueled itself to the top of the world in a lot of things using talents from around the world and that was mainly via the temporary work visas including H1b. Now you might meet 1 person in say 100000 who falls into the catagory you mentioned and none of us entertain such people with any respect.
Sure I will. I have no application pending.
Friend, with all due respect; what the members requested was to post some information about yourself. are you a immigrant? do you have any application pending / approved etc.
This helps us identify with you as a group.
Thanks for bringing this visa abuse issue to our attention. Just as in any other trade, surely there are many abusers, however, this economy fueled itself to the top of the world in a lot of things using talents from around the world and that was mainly via the temporary work visas including H1b. Now you might meet 1 person in say 100000 who falls into the catagory you mentioned and none of us entertain such people with any respect.
stuckinretro
10-16 12:12 PM
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
Hi ,
I received RFE on my I-131 application asking for all the I-94's that is being issued to me.
I had been in and out of US many times and there's lot if I-94's involved and I don't anything with me except the latest. What options do I have?... Also couple of times during my earlier trip (initial visits in US), the AIR Line didn't even take the I-94 from my Passport which ultimately I lost.
My Passport has all the entries indicating my Date in and Date out...
Gurus - What do you advise on my case...
Anybody's input are highly appreciated and I know we could somehow get the I-94 copies by requesting USCIS. (That is time consuming)... I have to respond in next five to ten days...
What options do I have?...
Thanks.
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
Hi ,
I received RFE on my I-131 application asking for all the I-94's that is being issued to me.
I had been in and out of US many times and there's lot if I-94's involved and I don't anything with me except the latest. What options do I have?... Also couple of times during my earlier trip (initial visits in US), the AIR Line didn't even take the I-94 from my Passport which ultimately I lost.
My Passport has all the entries indicating my Date in and Date out...
Gurus - What do you advise on my case...
Anybody's input are highly appreciated and I know we could somehow get the I-94 copies by requesting USCIS. (That is time consuming)... I have to respond in next five to ten days...
What options do I have?...
Thanks.
Canadian_Dream
10-19 02:19 PM
You are making an assumption that an approved petition is an indication of a valid status for the entire duration of extension. This may or may not be true after the I-140 is revoked.
It is kind of dicey...If you are quick enough you can pull it off...
You can refer to some posts up above that some people have actually done it..
Especially if you are laid off you have not much to lose and try something ...
USCIS has traditionally not taken a hard line against H1B as far as I know...
It is kind of dicey...If you are quick enough you can pull it off...
You can refer to some posts up above that some people have actually done it..
Especially if you are laid off you have not much to lose and try something ...
USCIS has traditionally not taken a hard line against H1B as far as I know...
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