learning01
04-26 09:58 AM
You stated dual intent immigrants. In letter and spirit.
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)
Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)
Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D
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Jaime
09-12 06:06 PM
Sent email publicizing the rally to a lot of newspapers in Florida.
Also sent email to several national ones including Fox,Chicago Tribune,NYTimes,ABC News,NBC,MSNBC,Wall Street Journal and CBSnews.
GREAT JOB!! This will really help!!! Thanks!!!
Also sent email to several national ones including Fox,Chicago Tribune,NYTimes,ABC News,NBC,MSNBC,Wall Street Journal and CBSnews.
GREAT JOB!! This will really help!!! Thanks!!!
pappu
08-12 10:57 AM
Senate just passed the border bill which also applies the new 50-50 rule with additional fee for companies having employees on H1/L1 visa.
The bill is now headed for President's signature for making this the law of the land.
The bill is now headed for President's signature for making this the law of the land.
2011 and isolated under sea
dval_dpal
12-11 08:03 PM
i have seen so many people got approved from wells fargo on 485 pending stage???
i'm in same problem if somebody can light on this.....
Is 485 application notice and Ead plus I 140 will be enought for Refinance from well fargo?
i have current mortgage with well fargo and i'm trying to do refinance after 4 years with good credit history with no payment missed in last 4 years.
any help would be really helpful to talk with wells fargo
thank you
i'm in same problem if somebody can light on this.....
Is 485 application notice and Ead plus I 140 will be enought for Refinance from well fargo?
i have current mortgage with well fargo and i'm trying to do refinance after 4 years with good credit history with no payment missed in last 4 years.
any help would be really helpful to talk with wells fargo
thank you
more...
kartikiran
12-10 04:11 PM
Good they have seem to have read recently published IV analysis and recommendations and provided a much more detailed bulletin this month for the community.
agreed. kudos to IV core to push for more detailed explanations without which proposals for fixing this backlog also becomes difficult.
agreed. kudos to IV core to push for more detailed explanations without which proposals for fixing this backlog also becomes difficult.
amsgc
05-02 09:56 PM
It was obvious that King was not in favor of the recapture. The idea of someone applying to adjust status only to enjoy the benefits of EAD/AP is impractical and simply rediculous. In order to file I-485 you need an approved or a pending immigrant petition, and if you have either of the two, then you have a legitimate case that deserves to be adjudicated. Aytes should have clarified this.
Not all congressmen/women are well versed with the details of immigration law, and Mr. King was trying to take advantage of this to influence the outcome of the testimony. He tried again with the new 180 day name check rule, asking Mr. Aytes if the USCIS had ever circumvented security checks to give out green cards. Hopefully, the powers to be will see through these cheap attempts and do the right thing.
I thought the testimony went well:
- It was agreed that visa recapture is a good thing because it will move the cut off dates for India/China in EB by several years (someone from the DOS actaully made this remark during the testimony)
- It was agreed that removal of country cap will help make visa bulletin cut off predictions easier (although the DOS/USCIS may have to make some changes in their process - which was ok)
The discussion is open for 5 legislative days, if someone choses to comment etc. It will be interesting to see what transpires in the next couple of weeks.
- Regarding FB, the senator for Illinois did well to dispel the myth that all kinds of people from all over the world are coming to this country in huge numbers. The fact is most of the new immigrants are immediate family members of american citizens.
what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...
well damn you king, issue GCs faster then!
Not all congressmen/women are well versed with the details of immigration law, and Mr. King was trying to take advantage of this to influence the outcome of the testimony. He tried again with the new 180 day name check rule, asking Mr. Aytes if the USCIS had ever circumvented security checks to give out green cards. Hopefully, the powers to be will see through these cheap attempts and do the right thing.
I thought the testimony went well:
- It was agreed that visa recapture is a good thing because it will move the cut off dates for India/China in EB by several years (someone from the DOS actaully made this remark during the testimony)
- It was agreed that removal of country cap will help make visa bulletin cut off predictions easier (although the DOS/USCIS may have to make some changes in their process - which was ok)
The discussion is open for 5 legislative days, if someone choses to comment etc. It will be interesting to see what transpires in the next couple of weeks.
- Regarding FB, the senator for Illinois did well to dispel the myth that all kinds of people from all over the world are coming to this country in huge numbers. The fact is most of the new immigrants are immediate family members of american citizens.
what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...
well damn you king, issue GCs faster then!
more...
javadeveloper
08-14 05:33 PM
USCIS should come up with strategy like if you are in US for 'X' years and if your 485 pending for 'Y' years and if you own a house worth 'XXX$' , then they should give GCs irrespective of Category(Eb1,Eb2,Eb3,Eb4 etc..)
2010 the Lightbulb Sea Squirt
BharatPremi
07-05 01:31 PM
Guys,
Yesterday I emailed the same to my senators (Tx)... Today I called one of the senator's office and the guy who was talking to me did not have any clue about the issue. So after explaining the issue I faxed the letter again, ofcourse to both senators office.
Yesterday I emailed the same to my senators (Tx)... Today I called one of the senator's office and the guy who was talking to me did not have any clue about the issue. So after explaining the issue I faxed the letter again, ofcourse to both senators office.
more...
polapragada
09-14 05:36 PM
Looks like some people will need to get their PhD awards 'overturned'!
Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.
e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.
EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.
There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.
Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.
There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?
Please read my above post you might get an answer
Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.
e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.
EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.
There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.
Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.
There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?
Please read my above post you might get an answer
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glen
07-05 01:19 PM
Wrote emails to FL senators. I will call them now.
more...
wellwisher02
04-01 09:26 AM
Wow, so you're telling me be happy as somebody else is in pain now ???
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
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wandmaker
05-24 01:44 PM
^^^
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ngopikrishnan
10-22 10:48 AM
Irrespective of the employer decision to revoke I140 or not, I have to send AC21 letters to USCIS. That is the reason I am asking anyone to suggest a good attorney for representation.
Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.
Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.
tattoo Under the Sea, Happy Sea
Miya Maqbool
09-10 03:32 PM
HI Pappu,
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
more...
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rama2007
08-07 12:33 PM
one of my friends 485 check is signed and mentioned correct amount($395) but he is not written anything where he has suppossed to write department of home land security.
what are the chaces of his 485 get accepted.?
what are the chaces of his 485 get accepted.?
dresses creatures under sea. her
Canadian_Dream
06-01 08:18 PM
I re-read the section and I think your interpretation is correct. All I-140 filed after introduction and approved before enactment should stand clear from this provision. If there is an I-485 petition filed along with such an I-140 that is approved before enactment of this act, then it will qualify for an immigrant visa whenever one is available under the old law.
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
more...
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vjkypally
09-10 03:50 PM
Completely Agree with you. Rather have some process than none.People in the forum are talking a lot about visa recapture..
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
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mjdup
01-02 11:51 AM
That's very impressive yabadaba, you have excellent writing skills !
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webm
08-14 03:57 PM
EB3 guys - Just hang on ! Good news are on your way !
What can we expect?? any source you got??
------------
EB3-I
What can we expect?? any source you got??
------------
EB3-I
kate123
02-25 05:17 PM
I would be the most happiest person if that happens :D
i think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file i-1485.
Thank's
mdix
i think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file i-1485.
Thank's
mdix
AllVNeedGcPc
04-13 07:52 AM
Enjoy the moments!!!
I just sent a mail to my Senator last week.
Got the card production e-mail today, thank you everyone for your endless support the past 7 years.
I just sent a mail to my Senator last week.
Got the card production e-mail today, thank you everyone for your endless support the past 7 years.
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