akred
03-30 06:17 PM
Last I knew every H1 is a non-resident alien.
Well you knew wrong. As long as you stayed in the US for more than 183 days in 2007, you are a resident for tax purposes.
If you are falling short of the 183 day requirement, you can opt to fulfill the 183 day requirement by counting 1/2 of the days of the prior year (2006) or 1/3rd of the days of the year before that (2005) that you were physically present in the US.
Well you knew wrong. As long as you stayed in the US for more than 183 days in 2007, you are a resident for tax purposes.
If you are falling short of the 183 day requirement, you can opt to fulfill the 183 day requirement by counting 1/2 of the days of the prior year (2006) or 1/3rd of the days of the year before that (2005) that you were physically present in the US.
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thomachan72
06-04 11:54 AM
All this May 15th/21 date is open to interepretation there is no set concrete laws yet.I just filed I-140 and I-1485 on the 1 st June and my attorney told me just go and wait now and live your life.We can worry about stupid laws that MIGHT go into affect a yr or never and destroy your precious time.
In the meantime go to NUMBERSUSA website and send as many faxs against this CIR bill and get it shutdown.
Yes i know NUMBERSUSA is anti-immigrant but in this situation it beneficial to all us legals if this bill goes down in flames.
How could you file the 140 and 485 at the same time, are you filing in EB1 catagory? which country?
In the meantime go to NUMBERSUSA website and send as many faxs against this CIR bill and get it shutdown.
Yes i know NUMBERSUSA is anti-immigrant but in this situation it beneficial to all us legals if this bill goes down in flames.
How could you file the 140 and 485 at the same time, are you filing in EB1 catagory? which country?
gcseeker2002
04-04 05:30 PM
how come you joined the company in 11/2010 and applied on 12/22/2010 ? my lawyer is in the 3rd week and finalizing job description. she says advertising takes 30 days, pwd takes 6 weeks, etc etc, and that it cannot be approved without atleast 90 days of prepwork.
no answer ?
no answer ?
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vayumahesh
10-28 03:28 PM
Thanks 9Years for sharing the info. My I-140 was filed on Oct 20th under premium processing and still waiting for approval.
As next step, are you planning to do interfiling or wait and see if I-485 will be approved automatically ?
As next step, are you planning to do interfiling or wait and see if I-485 will be approved automatically ?
more...
indio0617
03-09 10:48 AM
Amendment - To Eliminate Retroactive act laws which is harsh and unjust.
texcan
09-10 10:24 PM
$200 contributed towards the rally!
Google order #871308376702563
GC2015,
thanks for contribution.
generous contribution like this will go a long way for
good cause.
Not that it matters btw frinds, but i had to add repo points for you. Glad to see it turned
green for you.
Thanks
Google order #871308376702563
GC2015,
thanks for contribution.
generous contribution like this will go a long way for
good cause.
Not that it matters btw frinds, but i had to add repo points for you. Glad to see it turned
green for you.
Thanks
more...
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EndRetro
03-08 01:42 PM
Thanks for the real time updates. Please keep on doing it...
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bfadlia
06-23 05:39 PM
USA is made by illegal immigrants (over 13 millions) and bonded labors (H1B - GC).
Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.
You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:
America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.
sorry for going off topic.. but your title about the pyramids has been proven to be a myth.
New discoveries has shown that the workers building the pyramids were fed and cared for the way we care for olympic athletes these days.. Villages and cities were competing and bragging about how much they contribute in these national projects..
don't believe everything u c on hollywood screens..
Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.
You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:
America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.
sorry for going off topic.. but your title about the pyramids has been proven to be a myth.
New discoveries has shown that the workers building the pyramids were fed and cared for the way we care for olympic athletes these days.. Villages and cities were competing and bragging about how much they contribute in these national projects..
don't believe everything u c on hollywood screens..
more...
snathan
08-12 02:52 PM
My suggestion for everyone reading this is - do not send this information to your Company or HR department. They could ask us to table this additional cost. I work for Accenture so I hope that this does not apply to my employer with less than 50% employees on visa. But I'm not going to write to them asking about this because they may turn around asking us to eat this new cost.
How about you? Has anyone contacted their employer already? What are they saying?
If they ask you to pay...it illegal.
How about you? Has anyone contacted their employer already? What are they saying?
If they ask you to pay...it illegal.
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MDix
08-22 09:32 PM
Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
more...
immm
07-18 02:45 PM
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
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dhesha
02-25 05:14 PM
Yes and then they should process in LIFO order so people like you can get their GCs :p :rolleyes:
What do you mean they should???? Are they not already doing so?
What do you mean they should???? Are they not already doing so?
more...
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evalle
05-10 02:57 PM
August 2002. Got the 45 days later but not the approval.:confused:
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chanduv23
11-24 05:27 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21
more...
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eb3_nepa
07-14 01:18 PM
The address to mail the checks to is:
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
This can also be obtained at:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
This can also be obtained at:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65
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ItIsNotFunny
10-21 03:22 PM
I am sending PMs to senior members of forum requesting to send emails. Started with "A" :)
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sledge_hammer
03-04 12:05 PM
Chevy Chase is a bank in this part of the world! :)
I like the actor too btw...
LOL. I think you meant JP Morgan Chase :) CHEVY CHASE is an actor.
I like the actor too btw...
LOL. I think you meant JP Morgan Chase :) CHEVY CHASE is an actor.
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hopefulgc
09-12 11:41 AM
can we put up forum threads here for state chapters or some kind of direct link or page for each individual state chapter
Doing state chapters through list servs is just not working out.
In my opinion
(1) Community must unite
(2) People must come out of anonymity by providing true information
(3) People must walk the talk - just not open threads and keep discussing
(4) Efforts must be well organized - IV is a great organization - we have state chapters where people can organize themselves - helps us all to do things more effectively
The biggest issue is - everyone come here and open threads but it alll stops there - people join state chapters but do nothing - just want to get updates - and always blame IV for whatever happens and question IV and want to grill IV as to what IV is doing.
Can we all get organized?
Sanjeev - I am sorry I am digressing from the original plan of this thread - but lets face reality - what is the use of all these tangential efforts - you may get hundreds of replies on this thread - but is there a proper directive? No one knows what to do it all starts and ends in discussion and waste of valuble time doing nothing.
I would rather recommend
(1) Lets get organized
(2) Give out proper information
(3) Pledge wholehearted support
(4) Be committed
(5) Join a state chapter
(6) Expand the community
(7) Work hard
(8) gather support
(9) take initiatives to lead - support will follow
(10) Do not waste time on unnecessary predictions, discussing waste, roumors etc...
(11) Understand the effort - lobbying - understand that IV needs a lot of money for lobbying - please contribute - please raise funds
Is everyone ready to do the above?
Doing state chapters through list servs is just not working out.
In my opinion
(1) Community must unite
(2) People must come out of anonymity by providing true information
(3) People must walk the talk - just not open threads and keep discussing
(4) Efforts must be well organized - IV is a great organization - we have state chapters where people can organize themselves - helps us all to do things more effectively
The biggest issue is - everyone come here and open threads but it alll stops there - people join state chapters but do nothing - just want to get updates - and always blame IV for whatever happens and question IV and want to grill IV as to what IV is doing.
Can we all get organized?
Sanjeev - I am sorry I am digressing from the original plan of this thread - but lets face reality - what is the use of all these tangential efforts - you may get hundreds of replies on this thread - but is there a proper directive? No one knows what to do it all starts and ends in discussion and waste of valuble time doing nothing.
I would rather recommend
(1) Lets get organized
(2) Give out proper information
(3) Pledge wholehearted support
(4) Be committed
(5) Join a state chapter
(6) Expand the community
(7) Work hard
(8) gather support
(9) take initiatives to lead - support will follow
(10) Do not waste time on unnecessary predictions, discussing waste, roumors etc...
(11) Understand the effort - lobbying - understand that IV needs a lot of money for lobbying - please contribute - please raise funds
Is everyone ready to do the above?
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gk_2000
08-24 02:17 PM
First be clear whats your point and then enlighten us how this supports it
One of my points: "loopholes" are NOT what we are here to fight against. Now, is the rest of your reply relevant?
And anyone who irritates you is a troll. So be it. This troll is there to prevent nonsensical ideas
Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...
Yeap...we are very envious about this. Let it be. I am not going to post anything on this any more and feeding the troll.
Yeah, I was so envious about that designation, that I have to leave it risking by giving 2 months of advance notice(policy of the company to give 2 months notice) and finding an employer who could file my H1 and suffering 1 yr of constant followups with the company to get my pay and PF and so on. And forgot to mention, that if 2 months notice is not given we are asked to sign an agreement to pay back close to 10 grand.
Is this how a multinational executive gets treated who are fortunately qualified for the EB1 category and company projects you as most valuable employee for business development who would be sponsoring you EB1.
All this will feed the anti's and true trolls. Why don't we focus on our objectives?
If the company really feels the need , they may as well recruit someone locally who might be much more qualified without going through all of those hassles. All this is done as part and parcel of exploiting the system and its employees.
Luckily we have a choice whether to stay or not and move on to a different status like H1.
Don't we?
One of my points: "loopholes" are NOT what we are here to fight against. Now, is the rest of your reply relevant?
And anyone who irritates you is a troll. So be it. This troll is there to prevent nonsensical ideas
Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...
Yeap...we are very envious about this. Let it be. I am not going to post anything on this any more and feeding the troll.
Yeah, I was so envious about that designation, that I have to leave it risking by giving 2 months of advance notice(policy of the company to give 2 months notice) and finding an employer who could file my H1 and suffering 1 yr of constant followups with the company to get my pay and PF and so on. And forgot to mention, that if 2 months notice is not given we are asked to sign an agreement to pay back close to 10 grand.
Is this how a multinational executive gets treated who are fortunately qualified for the EB1 category and company projects you as most valuable employee for business development who would be sponsoring you EB1.
All this will feed the anti's and true trolls. Why don't we focus on our objectives?
If the company really feels the need , they may as well recruit someone locally who might be much more qualified without going through all of those hassles. All this is done as part and parcel of exploiting the system and its employees.
Luckily we have a choice whether to stay or not and move on to a different status like H1.
Don't we?
sam_hoosier
08-26 01:47 PM
I know this is not the Forum to discuss this matter.
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
I am not sure thats correct.
Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
(please consult your tax advisor for applicability to your specific tax situation).
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
I am not sure thats correct.
Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
(please consult your tax advisor for applicability to your specific tax situation).
santb1975
05-26 11:23 PM
:confused:
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