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  • a_yaja
    02-26 11:40 AM
    I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.

    1) Assume I have $ 100,000 in a 401K plan.

    2) I terminate and roll over the funds to an IRA.

    3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.

    4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.

    5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)

    So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?

    Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.


    There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.

    Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.

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  • manderson
    05-21 02:10 PM
    ...only problem is they care only about H1:

    US-India visa row overshadows Doha talks

    By Alan Beattie in London and Jo Johnson in New Delhi
    Published: May 17 2007 17:52 | Last updated: May 18 2007 03:23

    Tentative signs of progress among the four core negotiating partners in the so-called �Doha round� of world trade talks have been overshadowed by a row over US visas given to Indian information technology workers.
    Two days of negotiations between the US, the EU, India and Brazil began in Brussels on Thursday, as officials said talks had accelerated from the sluggish pace they have shown for most of this year.

    But Kamal Nath, Indian trade minister, warned that US reluctance to allow Indian IT workers to enter the US on highly skilled �H1-B� visas jeopardised progress. Seeking to shift the emphasis away from India�s intransigence about exposing its farmers to international competition, Mr Nath said a failure to increase the H1-B quota would deny India the export gains it needed to make a deal.
    Echoing language often used by the EU and the US, he told the FT on Wednesday: �We agree that the talks cannot move forward with agriculture alone. Our services interests must be satisfied for progress to be made.�
    Delhi reacted angrily this week to a letter sent to Indian IT companies by two US senators, alleging fraud and abuse in the H1-B programme. Charles Grassley and Richard Durbin, members of the Senate subcommittee on immigration, said the visas were being used to undercut US workers with lower-paid foreign employees.
    In a letter to Susan Schwab, US trade representative, seen by the FT, Mr Nath said that the approach, which was not made through the office of the US trade representative, was surprising and unwelcome.
    �Such direct intervention by US senators would only create uncertainties in the minds of these companies and undermine business confidence, especially in the current negotiations on services,� the letter said.
    So great is demand for H1B visas from Indian IT companies that this year�s quota of 65,000 was filled in a day. An Indian commerce ministry official said on Thursday that India wanted the annual cap lifted to 115,000.
    A USTR spokesperson on Thursday declined to comment on either the senators� letter or the negotiations over visas in the Doha round.
    Officials and ministers expressed some guarded optimism ahead of this week�s meetings of the four negotiating partners, though remained non-committal about the substance of talks. Ms Schwab said that some issues, including access to the agricultural markets of developing countries, a key demand of the US, had further to go than others.
    The rest of the World Trade Organisation membership, among whom frustration with the �group of four� has been rising, has been trying to increase pressure on them to make the trade-offs necessary to achieve a framework agreement before the traditional WTO summer break in August. �They are moving, but whether they are moving fast enough is another question,� a trade official said.
    Crawford Falconer, the New Zealand ambassador who chairs the farm talks, last week released the first of two papers setting out the terms for a possible deal.

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  • roseball
    05-02 10:52 AM
    I understand that the chance is slim.... almost microscopic :rolleyes: But I need to prepare for the worst case (or is it the best...?? :confused:) hence the question.
    Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?

    Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.

    Thanks again.

    Yes, CP depends on PD as well. The best option for you is to have her fly back to US once the Visa bulletin shows your PD as current and start the prep work (documents, medical tests etc) and file her case along with AP/EAD so once she gets her AP approval, she is free to travel again.

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  • smsthss
    11-15 01:13 PM
    I am working as a full time emp and not as a consultant. So i think i dont have to worry about client letters.

    So according to you, i am eligible for another 3 year extension based on approved I-140 irrespective of whether my I-485 has been filed or not?

    What i have been reading in some forum is that, if you have an approved I-140 and if your I-485 has not been filed due to retrogression, then you are eligible for 3 year extension. If you have an approved I-140 and if you have already filed your I-485, then you are eligible only for 1 year extension.

    If anyone has been in such a situation, if you know please let me know which one is correct.. or please forward me to any article.

    1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.

    2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.

    Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)


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  • EB3_SEP04
    06-30 09:51 AM
    Quetion 11 on the EAD form 765 asks:
    Have you ever before applied for EAD from USCIS: Yes
    "Which USCIS Office?" : ??????????????

    how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?

    What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.

    Thanks in advance!

    Folks please share your opinion/experience about "WHICH USCIS OFFICE" the last EAD application was filed to if you lived and worked in NJ. Thanks!

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  • sbdol
    07-20 10:47 AM

    IV core has thought about this specific proposal before and it is already on our radar. Thanks for suggesting though.
    Thanks indio0617.
    As I said I was sure the idea is not new simply beause it is too obvious.
    Did you try to persuade members of Congress/Senate to submit such proposal ?


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  • vin13
    12-11 04:36 PM
    Since the AP application is over 90 days pending, you may be eligible to discusss with the customer service. If you do not get good answer, you may be able to schedule an infopass.

    We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.

    But not sure if they would give out information to the applicant's spouse

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  • pkv
    06-06 04:34 PM
    I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).

    here are my questions, I need help on...
    1. If I file EAD now, where should I file?? TSC or NSC?
    2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??

    who wants to be mess with NSC :)



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  • coopheal
    11-02 01:51 AM
    Contributed $100 for Nov.
    Transaction ID: 9771***********

    Contribute now
    1) so that IV dont have to pass an opportunity during lame duck session or early next year.
    2) for your GC.

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  • pady
    06-18 04:44 PM
    I would like to stay in the project through a difference vendor because it is stable for quite long time and I am expecting to be there for next 3 yrs.

    I am worried because this Noncompete is between my employer and his next layer. The final layer is client and I will be working for the same client through a NEW vendor.


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  • immilaw
    09-14 02:23 PM
    me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed

    what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?

    what about stamping in a place like Dubai.. anyideas?

    I would go to Canada instead of Dubai.

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  • leo2606
    08-19 06:17 PM
    You can print them from the following location.

    Can that flyer / poster be made available to other here?

    I was thinkining of posting it in indian stores etc...


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  • narendra_modi
    03-04 10:04 PM
    what is missing, I am on H1B, I haven't filed yet anything for the GC, tell me why it is irrelevant post ? Whats wrong in redirecting the to because I have observed that when ever some newbie ask some thing non eb based, e g , a family based legal immigration Que. then people here just give hard time..

    narendra_modi = troll alert

    reasons: first post, missing info, irrelevant post

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  • va_dude
    10-07 01:20 PM
    I dont think you can extend ur H1b once it has expired.

    So just stay on your EAD.

    I do remember that i had to re-file the I-9 tax form with my employer once i moved to the EAD. So do the same with your HR.


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  • anilsal
    12-09 01:39 PM
    Now where are the members in IL? Repeated requests passed to members returns no response!

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  • smartboy75
    07-17 07:30 PM
    Kindly reply to this thread so that it is always visible under RECENT POSTS just as a reminder to everyone ..


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  • gc_chahiye
    09-20 05:55 PM
    The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

    I dont understand the reason of why they want to accept when current only ?

    because the law says so:

    From the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

    This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.

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  • god_bless_you
    03-15 11:20 AM

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  • vbkris77
    12-27 02:25 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice

    Existing stamping is good even if the employer is changed. But for your unique situation, contact your lawyer..

    06-21 06:28 PM
    The business analyst you are mentioning is classified as systems analyst in USCIS code. In this case its prefereable to have computers or electrical degree. A civil engineering degree is little difficult to understand

    Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?

    08-11 07:13 PM
    bump ^^^

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