kaisersose
08-24 02:05 PM
Hi gurus-
Please let me know Can we use EAD with out I140 Approval.
Thanks
Aj
Yes, you can. If it is with the same employer, you are OK., else there can be problems such as below.
if 180 days have passed since your 485 RD and and if you plan to use it with a different employer then any RFE raised for your 140 will not be answered by your old employer and your 140 will be denied.
if 180 days have not passed, your employer will revoke the 140 and you are in the limbo.
The best course is to wait 180 days from 485 RD and have an approved 140 before venturing out.
Please let me know Can we use EAD with out I140 Approval.
Thanks
Aj
Yes, you can. If it is with the same employer, you are OK., else there can be problems such as below.
if 180 days have passed since your 485 RD and and if you plan to use it with a different employer then any RFE raised for your 140 will not be answered by your old employer and your 140 will be denied.
if 180 days have not passed, your employer will revoke the 140 and you are in the limbo.
The best course is to wait 180 days from 485 RD and have an approved 140 before venturing out.
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WAIT_FOR_EVER_GC
03-20 10:04 AM
Exempt from the H-1B cap; not the EB cap. See line 14 on page 2 of H.R. 5630 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf).
Bummer!
Regards,
Jayant
Did I mention EB cap in my earlier post? I mentioned CAP which does not conclude that it is EB cap. I went through the bill too.
No offence to anyone. Of all the drama that was going on from Jan 2006 until now, I feel (+ve) that our issues(EB relief) will be taken into consideration only when they come to the topic of making the illegals into legal residents of this country. Any immigration debate in Congress cannot be taken up without considering the Illegal Issue.
We will see and will be surprised to see that an illegal will be granted a status independent of an employer and will also have the travel permit and he/she can live here forever renewing his status.
Bummer!
Regards,
Jayant
Did I mention EB cap in my earlier post? I mentioned CAP which does not conclude that it is EB cap. I went through the bill too.
No offence to anyone. Of all the drama that was going on from Jan 2006 until now, I feel (+ve) that our issues(EB relief) will be taken into consideration only when they come to the topic of making the illegals into legal residents of this country. Any immigration debate in Congress cannot be taken up without considering the Illegal Issue.
We will see and will be surprised to see that an illegal will be granted a status independent of an employer and will also have the travel permit and he/she can live here forever renewing his status.
tammigaw
03-19 05:30 PM
More H1-B workers in the labor pool and in GC Line ...so more outsourcing openings for Indian Companies ...:)
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nagu
02-02 12:59 PM
Hi breddy2000:
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
more...
DSLStart
03-09 07:38 PM
Don't do the mistake of renewing it in India. I did that mistake and had to go through one hell of corrupt bureaucracy.
I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.
Thanks In advance
I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.
Thanks In advance
msp1976
04-21 07:11 AM
how about www.taxpayinghandcuffededucatedslaves.org
what about www.hitechslaves.com
You guys really have to give a deep thought before you suggest names that contain the word slave....
The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...
Now see where the argument ended up...Think completely what you are getting into...
what about www.hitechslaves.com
You guys really have to give a deep thought before you suggest names that contain the word slave....
The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...
Now see where the argument ended up...Think completely what you are getting into...
more...
rajuseattle
07-14 08:52 PM
this is mainly due to July VISA Bulletin fiasco and thousands were allowed to apply for their I-485, due to USCIS/DOL July 2007 VB.
one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.
All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.
Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.
NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.
We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.
one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.
All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.
Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.
NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.
We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.
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kevinkris
10-06 08:58 PM
I was just quoting that there may be legitimate reasons but this is not a good reason...
Fully aware this is not the right time to correct eachother, but their is something in me that forces me to dis-approve your comment on " ... legitimate cause for sucide". I hope you will take it in friendly spirit.
We all are fighting our battles on all levels in all the different ways ...be it financial, social, family or professional. And in some of these we will win and inothers we shall lose, if not have. And it might be that mental illness drove this young man into such desperate direction, but little did he realize the consequences of his near-sightedness. No matter how depressing and gloomy it may appear, we should not forget that tommorow can be better. Life is a cherished previliage given to us and we should put to it's best intended use as per God's will.
So let's be brave and encourage eachother so that no-one else show up on news in manner the departed souls. My deep sympathys to those affected by this tradegy and apologizes for any un-wonted offence.
Be brave, be strong ...
Fully aware this is not the right time to correct eachother, but their is something in me that forces me to dis-approve your comment on " ... legitimate cause for sucide". I hope you will take it in friendly spirit.
We all are fighting our battles on all levels in all the different ways ...be it financial, social, family or professional. And in some of these we will win and inothers we shall lose, if not have. And it might be that mental illness drove this young man into such desperate direction, but little did he realize the consequences of his near-sightedness. No matter how depressing and gloomy it may appear, we should not forget that tommorow can be better. Life is a cherished previliage given to us and we should put to it's best intended use as per God's will.
So let's be brave and encourage eachother so that no-one else show up on news in manner the departed souls. My deep sympathys to those affected by this tradegy and apologizes for any un-wonted offence.
Be brave, be strong ...
more...
ashkam
05-30 01:32 PM
I got my stamping till 2010 based on my I-140. I did that to save another visit to embassy when I go out of country and its costing me dearly. The visa stamp clearly mentions the effective dates from both 797s. So the officer asked for both 797s and stamped the end date from the current one. As he sounded positive that I can update it at my local USCIS, I didn't persuade him much. Maybe I should've done that!!!
Why did you show him the previous 797 anyways? Doesn't the previous 797 get invalidated the moment you get a new 797?
Why did you show him the previous 797 anyways? Doesn't the previous 797 get invalidated the moment you get a new 797?
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DianaSteve
05-24 07:23 PM
I would choose my "bedfellows" cautiously.
Once CIR has collapsed, he'll re-aim. Remember: Most of the "Right Wing" are looking for scape goats right now. The neo-conservatives' policies have failed demonstratively for the average, joe-sixpack American since the Clinton years and if they don't find some group to blame, they'll have to blame themselves. (Nobody wants to blame themselves) Savage represents the neo-conservatives.
If he is a bigot (as many right wing talk show hosts are) then he will easily be bigoted against us.
True, Savage is not for us. He is unpredictable as someone mentioned above. Today, he was quoting from an article which mentioned about immigrationvoice. He was reading the plight of some Mahesh ... . He said to go to home country. All H1B's came on a big lie. Oracle who is lobbying for H1and Mr Gates are all greedy etc. He was going on and on.
Once CIR has collapsed, he'll re-aim. Remember: Most of the "Right Wing" are looking for scape goats right now. The neo-conservatives' policies have failed demonstratively for the average, joe-sixpack American since the Clinton years and if they don't find some group to blame, they'll have to blame themselves. (Nobody wants to blame themselves) Savage represents the neo-conservatives.
If he is a bigot (as many right wing talk show hosts are) then he will easily be bigoted against us.
True, Savage is not for us. He is unpredictable as someone mentioned above. Today, he was quoting from an article which mentioned about immigrationvoice. He was reading the plight of some Mahesh ... . He said to go to home country. All H1B's came on a big lie. Oracle who is lobbying for H1and Mr Gates are all greedy etc. He was going on and on.
more...
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
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Thombi
07-11 07:53 PM
Has anyone considered the implications of identity theft, fraud etc if the USCIS does start returning the adjustment of status applications? When my daughter applied for adjustment of status a couple of years ago her application was rejected erroneously and returned to her. When she opened the package, it not only contained her information, but also someone else's highly confidential and personal documents. The documents were completely mixed in with hers - all out of order - and even the other person's check was returned to her. The person's case was also very time sensitive and of an extremely confidential nature.
We gathered up the information and personally returned it the local USCIS office - who told us it happens all the time! We sent a letter to the person concerned telling him what had happened and advising him to contact the office immediately.
Imagine what might happen if the USCIS starts returning the 1000's of July applications. There is a good possibility they could mix up applications, return them to wrong addresses or lose valuable paperwork. They certainly won't return applications via Fedex or UPS - they'll just throw them in the mail without any way to track them.
Many green card applicants, have social security numbers and have been working for years to build good a credit history. Anyone getting hold of these packages will have access to all personal history, addresses and of course the bank account information on the checks sent to pay the application fees. Just a thought . . .
We gathered up the information and personally returned it the local USCIS office - who told us it happens all the time! We sent a letter to the person concerned telling him what had happened and advising him to contact the office immediately.
Imagine what might happen if the USCIS starts returning the 1000's of July applications. There is a good possibility they could mix up applications, return them to wrong addresses or lose valuable paperwork. They certainly won't return applications via Fedex or UPS - they'll just throw them in the mail without any way to track them.
Many green card applicants, have social security numbers and have been working for years to build good a credit history. Anyone getting hold of these packages will have access to all personal history, addresses and of course the bank account information on the checks sent to pay the application fees. Just a thought . . .
more...
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go_gc_way
08-29 01:14 PM
IV Members from Dallas can help with this.
Comments from IV?
Comments from IV?
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snathan
11-15 04:18 PM
No...if its going to take the quota from 104K and if there is going to be any loophole.
more...
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EB3_SEP04
11-21 07:35 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
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sidbee
05-12 04:54 PM
This thread is a crap fck.
Why are we speculating the dates just for the heck.Pl stop this.
Why are we speculating the dates just for the heck.Pl stop this.
more...
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gsc999
03-27 04:43 PM
gsc u r a lil confused
speaker pelosi is the head of the house of representatives (Lok Sabha) with Steny Hoyer serving as majority leader in the House and Senator Reid is the majority leader of the Senate (Rajya Sabha). The president of the senate is the VP
Both have floor schedules and have issues that need to be debated on. the bill has to pass in both houses..either with the exact same wording or alternate text that will be reconciled in conference committee
http://www.answers.com/topic/party-leaders-of-the-united-states-senate
http://www.answers.com/topic/party-leaders-of-the-united-states-house-of-representatives
---
Yaba:
The title of this thread is discussion on Senate floor in May 14-21, no confusion about that. Reid will schedule the debate not Pelosi. I don't know if you have even read the article quoted here? It clearly mentions Hoyer in House and Reid in Senate. If nat23 had said why is Hoyer driving the agenda in house and not Pelosi? That would make perfect sense but how can Pelosi drive Senate agenda. My response was to that point. If you still argue that, I think you might need to clarify things at your end.
Also, the example you cite isn't appropriate to the context because both Indian Lok Sabha and the British House of Commons have a non-partisan Speaker. He resigns from his primary party as soon as he becomes the speaker. This is not the case in US congress, speaker of the US house of congress is a partisan leader. The implication is that Hoyer, even though a majority House leader may not drive the agenda and this connects to the point made earlier: Pelosi vs Hoyer not Pelosi vs Reid.
speaker pelosi is the head of the house of representatives (Lok Sabha) with Steny Hoyer serving as majority leader in the House and Senator Reid is the majority leader of the Senate (Rajya Sabha). The president of the senate is the VP
Both have floor schedules and have issues that need to be debated on. the bill has to pass in both houses..either with the exact same wording or alternate text that will be reconciled in conference committee
http://www.answers.com/topic/party-leaders-of-the-united-states-senate
http://www.answers.com/topic/party-leaders-of-the-united-states-house-of-representatives
---
Yaba:
The title of this thread is discussion on Senate floor in May 14-21, no confusion about that. Reid will schedule the debate not Pelosi. I don't know if you have even read the article quoted here? It clearly mentions Hoyer in House and Reid in Senate. If nat23 had said why is Hoyer driving the agenda in house and not Pelosi? That would make perfect sense but how can Pelosi drive Senate agenda. My response was to that point. If you still argue that, I think you might need to clarify things at your end.
Also, the example you cite isn't appropriate to the context because both Indian Lok Sabha and the British House of Commons have a non-partisan Speaker. He resigns from his primary party as soon as he becomes the speaker. This is not the case in US congress, speaker of the US house of congress is a partisan leader. The implication is that Hoyer, even though a majority House leader may not drive the agenda and this connects to the point made earlier: Pelosi vs Hoyer not Pelosi vs Reid.
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hey.camelo
05-28 08:15 PM
Hey Brother,
I had a tough situation in my life and i was in this scenario and came out.
I consulted a debt services company and they settled it for me and repared my credit score. but, i had a serious intention to clear the debts.
normally the creditors go to court after 3 years, so talk to them through a company or by urself if you are ready to settle. If you settled like 30-50%, the creditors will send I099C and you have to pay tax for that...
Cheers,
I had a tough situation in my life and i was in this scenario and came out.
I consulted a debt services company and they settled it for me and repared my credit score. but, i had a serious intention to clear the debts.
normally the creditors go to court after 3 years, so talk to them through a company or by urself if you are ready to settle. If you settled like 30-50%, the creditors will send I099C and you have to pay tax for that...
Cheers,
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gc_dreamer_485
10-10 04:14 PM
Thanks Waiting_toolong!
Canadian Border is like an hour nad half drive for me. I can drive up to border but i don't have a canadian visa. So i will be denied an entry and if i return back will i get a new I-94?
Thanks!
Canadian Border is like an hour nad half drive for me. I can drive up to border but i don't have a canadian visa. So i will be denied an entry and if i return back will i get a new I-94?
Thanks!
gumnam_guy
07-18 08:54 PM
yeah, you are correct we will post all our information too, like bank balance, SSN, etc.
:rolleyes:
:rolleyes:
NWISE
03-31 12:31 PM
Good initiative!
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