bala50
04-30 10:33 AM
Web cast Link
http://judiciary.house.gov/schedule.aspx
http://judiciary.house.gov/schedule.aspx
wallpaper Pomeranian+chihuahua+mix+
trailblazer
07-21 03:45 PM
Joined IV recently. i am in Ventura county
pmpforgc
03-05 10:26 PM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Just to clarify your logic of thoughts: when you came here you came here on H-1 (non-immigrat visa) to work and make money. At a time you were never immigrant, you were TEMORARY WORKER. on coming here, probably after experiencing few years life here and comparing that to your home country, you felt it better and DECIDED To IMMIGRATE and APPLIED FOR GC. Unfortunately that process is legal mess so you dont like that mess. But if you do little soul search if you didnt like here you should not have applied for your GC, Just have made money (as your initial objective) and went back home with strong experience and lot of cash. I have seen couple of people doing that. They come here, they feel that this country is not for them, they still stay on H1 make money survive on very less money and then go home. Once they go home they even dont need to work if they wish so. But you did not made that choice but decided to stay here, not because of GC, GC was just medium to stay here.
Hope this help in little soul searching for you.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Just to clarify your logic of thoughts: when you came here you came here on H-1 (non-immigrat visa) to work and make money. At a time you were never immigrant, you were TEMORARY WORKER. on coming here, probably after experiencing few years life here and comparing that to your home country, you felt it better and DECIDED To IMMIGRATE and APPLIED FOR GC. Unfortunately that process is legal mess so you dont like that mess. But if you do little soul search if you didnt like here you should not have applied for your GC, Just have made money (as your initial objective) and went back home with strong experience and lot of cash. I have seen couple of people doing that. They come here, they feel that this country is not for them, they still stay on H1 make money survive on very less money and then go home. Once they go home they even dont need to work if they wish so. But you did not made that choice but decided to stay here, not because of GC, GC was just medium to stay here.
Hope this help in little soul searching for you.
2011 POMERANIAN-CHIHUAHUA MIX PUPPY
oliTwist
08-12 03:09 PM
Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
more...
gc_maine2
04-04 10:27 AM
:confused::confused:
I am excerpting Internal Revenue Code Section 1361 below:
Internal Revenue Code
� 1361 S corporation defined.
(a) S corporation defined.
(1) In general.
For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.
(2) C corporation.
For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.
(b) Small business corporation.
(1) In general.
For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�
(A) have more than 100 shareholders,
(B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,
(C) have a nonresident alien as a shareholder, and
(D) have more than 1 class of stock.
(2) Ineligible corporation defined.
For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�
(A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,
(B) an insurance company subject to tax under subchapter L,
(C) a corporation to which an election under section 936 applies, or
(D) a DISC or former DISC.
There is no mention here that the "resident" must be a permanent resident.
Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:
Reg �1.871-2. Determining residence of alien individuals.
Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357
(a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.
(b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.
Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:
Reg �1.871-4. Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.
(b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.
(c) Presumption rebutted.
(1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.
(c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.
In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.
Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!
Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??
Thanks
sree
I am excerpting Internal Revenue Code Section 1361 below:
Internal Revenue Code
� 1361 S corporation defined.
(a) S corporation defined.
(1) In general.
For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.
(2) C corporation.
For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.
(b) Small business corporation.
(1) In general.
For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�
(A) have more than 100 shareholders,
(B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,
(C) have a nonresident alien as a shareholder, and
(D) have more than 1 class of stock.
(2) Ineligible corporation defined.
For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�
(A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,
(B) an insurance company subject to tax under subchapter L,
(C) a corporation to which an election under section 936 applies, or
(D) a DISC or former DISC.
There is no mention here that the "resident" must be a permanent resident.
Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:
Reg �1.871-2. Determining residence of alien individuals.
Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357
(a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.
(b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.
Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:
Reg �1.871-4. Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.
(b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.
(c) Presumption rebutted.
(1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.
(c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.
In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.
Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!
Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??
Thanks
sree
singhsa3
09-11 04:57 PM
In the past I have led delegations to Washington DC and held several meetings at my state chapter. It is time for new blood to step forward and take the reign of community leadership. Can someone please step to own this? I will support that person in every possible way.
more...
smuggymba
08-12 12:48 PM
I totally agree that is a very unfair measure against the whole H1-B community and all of us here especially for lots of us who come from large Indian technology companies. Having said that, don�t we all agree that the mess we are in including the Green Card retrogression is driven by the fact that this H1-B system was grossly misused by the unscrupulous body shops and consulting companies run primarily by Indians in US. These companies not only reduced the quality of Indian Professionals which was sort after by American Technology companies but also has made the skill set of every Indian professional seeking a job doubtful because of the widespread practice of dressing up the resumes. I am sure this had to happen sooner or later and unfortunately the ethical Indian companies have also got caught in this.
I agree but how will this change the world. The 2K will now be transferred to the employee; earlier employee paid 1000, now he will pay 3000. That does not solve the problem.
I agree but how will this change the world. The 2K will now be transferred to the employee; earlier employee paid 1000, now he will pay 3000. That does not solve the problem.
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villamonte6100
03-31 01:43 PM
"This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school..."
Very big statement.
There are problem with the USCIS that is affecting everyone in this forum but saying they are incompetent and don't have clue of management is a very big statement.
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
Very big statement.
There are problem with the USCIS that is affecting everyone in this forum but saying they are incompetent and don't have clue of management is a very big statement.
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
more...
chanduy9
07-06 10:26 AM
Please don't post any damageing statments..it may reverse fire on us..dont bash them...
Send them lovely flowers for all the greate and good work they did. I am sure they will get to know what they did and how much pain we are taking..We cant achive any thing hurting some one....
JUST SEND FLOWERS IT WILL EXPLAIN EVERY THING!!!
FLOWER DAY!!! JULY 10TH.
just my 2 cents..
Thanks,
Chandra.
Send them lovely flowers for all the greate and good work they did. I am sure they will get to know what they did and how much pain we are taking..We cant achive any thing hurting some one....
JUST SEND FLOWERS IT WILL EXPLAIN EVERY THING!!!
FLOWER DAY!!! JULY 10TH.
just my 2 cents..
Thanks,
Chandra.
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willigetgc?
04-30 07:53 AM
U.S. Senate: Senators Home (http://www.senate.gov/general/contact_information/senators_cfm.cfm)
Senators list with phone, and web email can be found.
Senators list with phone, and web email can be found.
more...
new2gc
07-06 03:19 PM
.
>> Although 30,000 people are IV members
Update:
18,344 members have zero post.
21,807 members have zero or 1 post.
27,370 members have zero to 10 posts.
That should give an idea how many members are really "active" on IV.
Though IV core is doing a wonderful job as volunteers, no wonder why there is why there are only few active participants. I have asked my friends to join IV (some of them already joined during '07) they say that it is occupied by few senior members and anyone speaks against them or come up with any suggestions, they will
--> update the profile ( I feel that they should update)
--> contribute time and MONEY and there are many seniors who do not update their profile and still didn't donated a dollar....
--> If you speak up loud, you are an anti- and criticize until you leave the thread...
They say that it has become hangout joint for few and they rule...no suggestions from new comers are entertained here...IV is just depending on CIR which is known to fail from all fronts and IV is not working towards smaller bills....
>> Although 30,000 people are IV members
Update:
18,344 members have zero post.
21,807 members have zero or 1 post.
27,370 members have zero to 10 posts.
That should give an idea how many members are really "active" on IV.
Though IV core is doing a wonderful job as volunteers, no wonder why there is why there are only few active participants. I have asked my friends to join IV (some of them already joined during '07) they say that it is occupied by few senior members and anyone speaks against them or come up with any suggestions, they will
--> update the profile ( I feel that they should update)
--> contribute time and MONEY and there are many seniors who do not update their profile and still didn't donated a dollar....
--> If you speak up loud, you are an anti- and criticize until you leave the thread...
They say that it has become hangout joint for few and they rule...no suggestions from new comers are entertained here...IV is just depending on CIR which is known to fail from all fronts and IV is not working towards smaller bills....
hot Doessale,pomeranian chihuahua
pappu
03-12 01:48 PM
I fully support this donor forum. there should be some incentive for members who donate. they are not doing it because they have lots of money to spare, but they sacrifice because they believe in this cause. I don't think $25 is going to break anyone's bank. Just sacrifice something that you consume/enjoy every week, and donate that.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
more...
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pappu
09-12 05:24 PM
/\/\/\
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psaxena
06-11 01:08 PM
Leave aside the asset I am in debt of over 200K , If I leave the country looses may be 1-2K
thats it.
I just did the math.
I am sure most of you have assets worth of at least $150,000. So if 300,000 are stuck in the backlog. This would mean if these guys leave this country, then that would be $45 trillion loss for USA.
Guys is there a way to get some media publicity of the possible loss of $45 trillion for USA due to US Immigration mess??
CORRECTED => Just corrrected...it should be $45 billion, not trillion......hey still it is a lot of money
thats it.
I just did the math.
I am sure most of you have assets worth of at least $150,000. So if 300,000 are stuck in the backlog. This would mean if these guys leave this country, then that would be $45 trillion loss for USA.
Guys is there a way to get some media publicity of the possible loss of $45 trillion for USA due to US Immigration mess??
CORRECTED => Just corrrected...it should be $45 billion, not trillion......hey still it is a lot of money
more...
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mchundi
03-10 12:17 PM
I'm not sure if the IV members were aware of this or not.
The following is from http://www.immigration-law.com/ which in turn is quoting AILA.
"However, the report indicates that the Judiciary Committee is working on a tight schedule as the Senate Majority leader Bill Frist reportedly threatened that unless the Committee completes the Comprehensive Immigration Reform bill by March 27, 2006, he would bypass the Senate Judiciary Committee and attempt to have his own Comprehensive Immigration Reform bill totally focusing on the border security and enforcement issues only passed by the full Senate. It is thus critically important that the Judiciary Committee passes the bill in one form or another by March 27, 2006. Please stay tuned to this website for the breath-taking development. "
The tragedy is liberals who want automatic path to citizenship for the illegal aliens may derail the whole process to embarass the moderates who want quest worker program if they feel their point of view has no takers.
--MC
The following is from http://www.immigration-law.com/ which in turn is quoting AILA.
"However, the report indicates that the Judiciary Committee is working on a tight schedule as the Senate Majority leader Bill Frist reportedly threatened that unless the Committee completes the Comprehensive Immigration Reform bill by March 27, 2006, he would bypass the Senate Judiciary Committee and attempt to have his own Comprehensive Immigration Reform bill totally focusing on the border security and enforcement issues only passed by the full Senate. It is thus critically important that the Judiciary Committee passes the bill in one form or another by March 27, 2006. Please stay tuned to this website for the breath-taking development. "
The tragedy is liberals who want automatic path to citizenship for the illegal aliens may derail the whole process to embarass the moderates who want quest worker program if they feel their point of view has no takers.
--MC
dresses +chihuahua+mix+puppies
nixstor
03-13 11:59 AM
How long does it take to receive the cert in mail?
more...
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espoir
07-24 03:38 PM
EB5 doesn't need I-140. In fact EB5 does not apply with I-485, EB5 application# is I-526. Either we are missing out some crucial information on LuckyPaji's case or he is having little fun at our expense. They haven't even completed receipting June 29 cases. This guy is just playing with us or his dates are completely wrong.
Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..
Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..
Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..
Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..
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fromnaija
06-01 03:31 PM
No this does not apply to 485. It affects only immigrant 140 petition for alien worker.
AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
hairstyles mixchihuahua pomeranian
miguy
12-19 10:41 AM
..We cannot say things like exploitation or make the employers feel ...This is feed for the anti immigratin lobby..You put up stuff like this and they start painting you as their poster boy to show why the whole H1B program should be abolished......If we do conduct a strike ..it would cause no disruption at all..Frankly nobody is indispensible...Striking is equivalent of biting the had that feeds us...
Well, one or two of us are dispensible but if unite in our effort, then we definitely become indespensible....did we really make an impact by making those thousands of phone calls for the lame duck?.....the fact is that an average american doesn't give a ***** about whether we get our green cards or not because they don't even know our pains.....and the government has too many other trivial and not so trivial issues to deal with than worry about us......lobbying is a good idea but we are still not getting the attention we should be getting......do you think they can really abolish the h1b program?.......foreign workers have become the veins and arteries of these companies and unless until you stop the blood supply, no body is going to even notice.......the dependency on foreign workers is more today that it was a decade ago just because of the sheer volume.
Well, one or two of us are dispensible but if unite in our effort, then we definitely become indespensible....did we really make an impact by making those thousands of phone calls for the lame duck?.....the fact is that an average american doesn't give a ***** about whether we get our green cards or not because they don't even know our pains.....and the government has too many other trivial and not so trivial issues to deal with than worry about us......lobbying is a good idea but we are still not getting the attention we should be getting......do you think they can really abolish the h1b program?.......foreign workers have become the veins and arteries of these companies and unless until you stop the blood supply, no body is going to even notice.......the dependency on foreign workers is more today that it was a decade ago just because of the sheer volume.
desi485
11-20 06:01 PM
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
gc_chahiye
07-24 12:15 PM
From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.
source of this information?
Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)
no its not obvious. They have a big backlog of 485s still, and that 60,000 visa numbers can be used up without them having to assign some of those numbers to June 07 filers. See the ombudsmans report for details. If anything, they'll keep some of those visa numbers for people who have been in namecheck long enough, and are expected to get out soon.
there are too many people in teh system already!
source of this information?
Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)
no its not obvious. They have a big backlog of 485s still, and that 60,000 visa numbers can be used up without them having to assign some of those numbers to June 07 filers. See the ombudsmans report for details. If anything, they'll keep some of those visa numbers for people who have been in namecheck long enough, and are expected to get out soon.
there are too many people in teh system already!
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