gc_on_demand
03-12 11:25 AM
Dear ItIsNotFunny,
For committed people like you, we can request IV core for some special consideration.
But I support this initiative. Just see the FOIA thread. We could not even pool up 5K and there are at least 5000 members out of which at least 500 active users.
Unless there is some intiative like this, it will be impossible for pushing any lobbying activities. There are many people who wants every thing free.
I support IV
Then it may start corruption and some people may get access if they are friend of Admins or modetaror. Who is going to define criteria.. ItsNotFunny did good job no doubt but he also did good job at right time. So many members did good job in past but may not benifited becasue they did in past...
For committed people like you, we can request IV core for some special consideration.
But I support this initiative. Just see the FOIA thread. We could not even pool up 5K and there are at least 5000 members out of which at least 500 active users.
Unless there is some intiative like this, it will be impossible for pushing any lobbying activities. There are many people who wants every thing free.
I support IV
Then it may start corruption and some people may get access if they are friend of Admins or modetaror. Who is going to define criteria.. ItsNotFunny did good job no doubt but he also did good job at right time. So many members did good job in past but may not benifited becasue they did in past...
wallpaper Tyler The Creator – “Yonkers”
gaz
09-09 09:51 AM
to add to the conversation on the price -> locals are also experiencing a glut of money due to the economic boom in the last 5 years or so. Small businesses have really taken off in a big way exporting to Europe/ US. Investors in the stock market have also hit the jackpot. And, once you have money, for most Indians the safest option to invest is in property or gold.
Also better salaries all around fueled by attrition of talent to the IT sector.
viz loans and experience with banks-
i took a loan from idbi bank 3 years ago - no complaints too
rate was floating and started at 8.25 and has gone up to around but pmi is still the same (was 10 year loan; i believe they increased the loan duration to around 12 years now); no prepayment penalty; slow on service - but get there eventually (unlike ICICI with whom I have every other account)
overall banking experience with ICICI/ Citibank/ HDFC has been poor so far - though the online experience at these banks is better than any other bank in the world.
i echo the question on tax deduction for India mortgage in the US - could you please point out any resources/ links for the same?
thanks!
acharaniya/ other members of thread.
I took home loan from SYNDICATE BANK, Hyderabad 3 yrs ago. The rates were reasonable and I'd recommend them, but you have to compromise little on service. You can directly transfer money from US to Syndicate bank.
My question here is I didn't knew that we can save money in the form of tax deductable/excemption here in US on interest paid in India for home loans. Could you please let me know further details? If possible the CPA who you worked/working with for tax returns.
Your help is greatly appreciated.
thanks bro
Also better salaries all around fueled by attrition of talent to the IT sector.
viz loans and experience with banks-
i took a loan from idbi bank 3 years ago - no complaints too
rate was floating and started at 8.25 and has gone up to around but pmi is still the same (was 10 year loan; i believe they increased the loan duration to around 12 years now); no prepayment penalty; slow on service - but get there eventually (unlike ICICI with whom I have every other account)
overall banking experience with ICICI/ Citibank/ HDFC has been poor so far - though the online experience at these banks is better than any other bank in the world.
i echo the question on tax deduction for India mortgage in the US - could you please point out any resources/ links for the same?
thanks!
acharaniya/ other members of thread.
I took home loan from SYNDICATE BANK, Hyderabad 3 yrs ago. The rates were reasonable and I'd recommend them, but you have to compromise little on service. You can directly transfer money from US to Syndicate bank.
My question here is I didn't knew that we can save money in the form of tax deductable/excemption here in US on interest paid in India for home loans. Could you please let me know further details? If possible the CPA who you worked/working with for tax returns.
Your help is greatly appreciated.
thanks bro
la6470
02-25 12:28 AM
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.
Dont worry - another 50 to 60 years and then it will be dust to dust and ashes to ashes. BTW did you visit Grand Canyon or Death Valley?
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.
Dont worry - another 50 to 60 years and then it will be dust to dust and ashes to ashes. BTW did you visit Grand Canyon or Death Valley?
2011 Tyler, the Creator - Yonkers
ragz4u
03-16 09:06 AM
I just spoke with a CapitolHearings rep and she said she is going to get the technical team in charge of this to look into it
Hopefully it should start soon
They have not heard back from the technical team that does the relaying of live feeds. I'll bug them again in a few minutes
Hopefully it should start soon
They have not heard back from the technical team that does the relaying of live feeds. I'll bug them again in a few minutes
more...
diptam
07-06 10:37 AM
Hello DDL/DML,
Please dont say anything against anyone without understanding the point.
Who the hell gave you the right to twist my statement and personally attacking me as "anti immigrant" ?? Where i have said that reversal of 20 K GC will help us ??
My simple point is the whole USCIS process is broken and that needs to be improved and rationalized . Now you/me/an immigrant can't initiate that process. The push has to come from influential CITIZENS who we call Senators , Congress Man/Women, House Representatives and so on so forth.
For them to take a step they need push from american peoples. You know why CIR has failed - the senator phone lines were jammed , Talk radio was blasting Bush , Kennedy for doing behind the door deals.. that's why...
Your/my opinion never stalled CIR - its american citizens who stalled it.
Unless citizens see a good reason to overhaul USCIS process where the push would come from ??
If these are the ONLY arguments we can use to get media attention then let's not use them at all. This WILL hurt us more then it can help ! I have a question: Are you one of those anti-immigrant people because you sure behave like one !
If they revert the decisions for 20000 greencards and put the visas back in the pool, how would that help us ALL ???
Please dont say anything against anyone without understanding the point.
Who the hell gave you the right to twist my statement and personally attacking me as "anti immigrant" ?? Where i have said that reversal of 20 K GC will help us ??
My simple point is the whole USCIS process is broken and that needs to be improved and rationalized . Now you/me/an immigrant can't initiate that process. The push has to come from influential CITIZENS who we call Senators , Congress Man/Women, House Representatives and so on so forth.
For them to take a step they need push from american peoples. You know why CIR has failed - the senator phone lines were jammed , Talk radio was blasting Bush , Kennedy for doing behind the door deals.. that's why...
Your/my opinion never stalled CIR - its american citizens who stalled it.
Unless citizens see a good reason to overhaul USCIS process where the push would come from ??
If these are the ONLY arguments we can use to get media attention then let's not use them at all. This WILL hurt us more then it can help ! I have a question: Are you one of those anti-immigrant people because you sure behave like one !
If they revert the decisions for 20000 greencards and put the visas back in the pool, how would that help us ALL ???
kaizersoze
07-18 05:16 PM
Contributed $100. Will sign up for recurring.
Also referred many of my friends to this site who are also contributed.
Paypal Transaction ID: 8M951494VW646135K
We all love IV.
u rock :)
Also referred many of my friends to this site who are also contributed.
Paypal Transaction ID: 8M951494VW646135K
We all love IV.
u rock :)
more...
sumansk
09-28 01:37 PM
Bro,
Dream , Agjobs and SKIL all will come up after the breask senate returns around 12th oct....they will come as standalone bills.. for now HR 1585 goes alone ...with out any of these in sight..
But hopes are still alive with Reid acknowledging that he will put these to vote before the senate leaves for the final year end in mid november..
Dream , Agjobs and SKIL all will come up after the breask senate returns around 12th oct....they will come as standalone bills.. for now HR 1585 goes alone ...with out any of these in sight..
But hopes are still alive with Reid acknowledging that he will put these to vote before the senate leaves for the final year end in mid november..
2010 Yonkers - Tyler The Creator
yogkc
11-10 12:55 PM
Jimi thanks for taking the lead.
Count me as well. I live in LA County - San Fernando Valley
Count me as well. I live in LA County - San Fernando Valley
more...
ashutrip
06-19 10:09 AM
Also, please contact this person:
Helen Parker
Regional Administrator
U.S. Department of Labor/ETA
Atlanta Federal Center 61 Forsyth St. Rm. 6M12
Atlanta,GA 30303
Phone: (404) 562-2092
Fax: (404) 562-2149
Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
i just called her she passed the buck to 404 893 0101
Helen Parker
Regional Administrator
U.S. Department of Labor/ETA
Atlanta Federal Center 61 Forsyth St. Rm. 6M12
Atlanta,GA 30303
Phone: (404) 562-2092
Fax: (404) 562-2149
Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
i just called her she passed the buck to 404 893 0101
hair Tyler, the Creator - Yonkers
sunny1000
07-23 06:53 PM
we are EB3 India---
Congrats! What are you doing in this forum arguing over dates?? Go out and enjoy your Permanent Residency with Champagne!!!:D :D :D Good luck:)
Congrats! What are you doing in this forum arguing over dates?? Go out and enjoy your Permanent Residency with Champagne!!!:D :D :D Good luck:)
more...
vbkris77
02-24 10:09 AM
Entire world is turning up against immigration. It is beyond individual/group control to lobby for changes in that area.
It is on the threshold of the time. Right now we as individuals still can make a decision to continue to be in US and wait it out or go back to our home country.
But if this trend continues, I am afraid, some new law will make that decision for us to send us all back. It is just around the corner. Worst part is we can't do a thing about that.
So want to blame anyone, blame your politicians of your native country for creating such a mess that people wanted to move to a different country.
It is on the threshold of the time. Right now we as individuals still can make a decision to continue to be in US and wait it out or go back to our home country.
But if this trend continues, I am afraid, some new law will make that decision for us to send us all back. It is just around the corner. Worst part is we can't do a thing about that.
So want to blame anyone, blame your politicians of your native country for creating such a mess that people wanted to move to a different country.
hot tyler the creator
funny
07-14 03:19 PM
To: IV
Amount: $ 10.00
Payment Date: July 15, 2008
Reference Number: 10011
Amount: $ 10.00
Payment Date: July 15, 2008
Reference Number: 10011
more...
house Tyler, The Creator has been
ramaonline
09-04 07:16 PM
H1 status ends once u start using EAD (This happens after u file I9 with employer) Once you start working using EAD card, you cannot maintain h1b status at the same time.
tattoo VIDEO: TYLER THE CREATOR-
GCapplicant
08-14 12:34 PM
I read in one of the Ron's post -CHc trying to stop even small immigration bills which has no amesty in it.So even the nurse recapture bill is at stake.
So ,I'm sorry -I beleive no one will even touch our case.Apply in EB2 port PD or get new PD either will be helpful .But seeing new backlog for I 140 its terrible.
I might apply for Canadian GC-Having kids here ,man they are adapted to this country living.That's the only thing bothering - kids future.
So this bill this year is at stake for sure.No one cares ...including change-what change there woudnt be any change in new party too.Its all drama going.I lost the trust.Its as if EB3 is not educated.
I'm just wondering-Will this problem be there if it were for ROW-or is it our color...that they dont want to aid.It's sure racism.
How many EB3 are there in total...Who asked them to flood the applications last year? :mad:
Its bloody hell out here.no wonder some people become saddist later half ...who woudnt when they are treated like this from begginning.
Now I have to hate myself applying in EB3.:rolleyes:
EB2 guys have been diverted from participating in any campaign now.so no bothering congressmen.
I have mailed to Senator Menendez -NJ thanking him for introducing the new bill and to do the needful.So far no news.
So ,I'm sorry -I beleive no one will even touch our case.Apply in EB2 port PD or get new PD either will be helpful .But seeing new backlog for I 140 its terrible.
I might apply for Canadian GC-Having kids here ,man they are adapted to this country living.That's the only thing bothering - kids future.
So this bill this year is at stake for sure.No one cares ...including change-what change there woudnt be any change in new party too.Its all drama going.I lost the trust.Its as if EB3 is not educated.
I'm just wondering-Will this problem be there if it were for ROW-or is it our color...that they dont want to aid.It's sure racism.
How many EB3 are there in total...Who asked them to flood the applications last year? :mad:
Its bloody hell out here.no wonder some people become saddist later half ...who woudnt when they are treated like this from begginning.
Now I have to hate myself applying in EB3.:rolleyes:
EB2 guys have been diverted from participating in any campaign now.so no bothering congressmen.
I have mailed to Senator Menendez -NJ thanking him for introducing the new bill and to do the needful.So far no news.
more...
pictures Tyler The Creator – Yonkers
485Mbe4001
06-10 12:07 PM
Recapture is actually a non controvertial issue and most politicians support it in private. The business lobby was sucessful in getting it done (btw the democrats opposed it even then). These days we have the sword of 'amnesty' hanging over everything related to immigration plus the positions are so polarized that it is impossible to get anything done. The lame duck presidency isnt helping either, each congressman/senator has to worry about its own agenda and their people.
With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.
As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call
Visa numbers have been recaptured in the past (year 2000, I think).
Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?
Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.
Perhaps we can borrow some of their wisdom.
With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.
As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call
Visa numbers have been recaptured in the past (year 2000, I think).
Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?
Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.
Perhaps we can borrow some of their wisdom.
dresses Tyler The Creator Type Beat
GCAmigo
08-02 03:44 PM
I have talked to a representative and he very patiently explained me about the mess.
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
DELUGE!
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
DELUGE!
more...
makeup Tyler The Creator - Yonkers
ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
girlfriend OFWGKTA: Tyler The Creator
ashutrip
06-16 11:16 AM
If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
I just did it yesterday...it Sucks....when dates are current labor is freaking stuck.....when labor will be clewared......dates may retrogress....SUCKS....
I hope the dates are current for some 2-3 months.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
I just did it yesterday...it Sucks....when dates are current labor is freaking stuck.....when labor will be clewared......dates may retrogress....SUCKS....
I hope the dates are current for some 2-3 months.
hairstyles TYLER, THE CREATOR - YONKERS
dtekkedil
10-01 04:26 PM
I am curious..
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
There is no law to allow re-capture of visa numbers as of yet. In fact it says the opposite in the existing laws - That the visa numbers may not be re-captured.
There has been one case of visa recapture law passed during the Clinton administration and they did not allow a rollover recapture (I believe they recaptured the visa numbers that were lost between 1995 and 2000 only (please correct me if I am wrong about the years))
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
There is no law to allow re-capture of visa numbers as of yet. In fact it says the opposite in the existing laws - That the visa numbers may not be re-captured.
There has been one case of visa recapture law passed during the Clinton administration and they did not allow a rollover recapture (I believe they recaptured the visa numbers that were lost between 1995 and 2000 only (please correct me if I am wrong about the years))
tapukakababa
03-10 01:33 PM
I have some questions?
1. Can you work for your wife and also get paid in check? or I will have to go for cash payment?
2. Can I have a second job in my wife's company and retain the original job?
3. Can I have a different occupation in my wife's company which is totally not related to my original job role? and then can I get paid in check or cash?
4. Can I work for my wife's company and instead of me my wife gets the check? Is that legal?
Thanks.
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
1. Can you work for your wife and also get paid in check? or I will have to go for cash payment?
2. Can I have a second job in my wife's company and retain the original job?
3. Can I have a different occupation in my wife's company which is totally not related to my original job role? and then can I get paid in check or cash?
4. Can I work for my wife's company and instead of me my wife gets the check? Is that legal?
Thanks.
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
susie
07-15 11:32 AM
2 0f 2
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
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