Monday, June 20, 2011

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  • diptam
    08-11 03:14 PM
    ssss,
    I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.

    Would you mind if i ask you when you've seen the LUD change before approval ?

    Thanks for your time !

    I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters




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  • superdesi2100
    09-10 11:25 AM
    Thanks for all the efforts. Donated 100$ via paypal. Coming to the rally as well.




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  • bigboy007
    06-03 01:35 AM
    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

    *******************

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.




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  • vparam
    09-17 08:57 PM
    vparam, thanks a lot for sharing the info.

    can you please suggest accountant, if its ok with you, residing any place is fine as we deal most of it through ph, having tough time to find the right one just to aid in the start up and maintain min. proceedings like tax filing etc. without having any activity/revenue
    I have used the following accountant for years now, The best part is that he is familiar with Immigration issues or gets it validated from an immigration attorney, who sits in the same building.

    Please note I am not soliciting for him but reffering him based on request.

    George Demergis
    Colitsas Thomas & Associates PA
    103 Carnegie Centre Suite 309, Princeton, NJ 08540
    Phone - 609 452 0889
    gdemergis@TCACPA.com



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  • leoindiano
    04-30 10:10 AM
    Good info....cant wait to see what they have to say....




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  • gctoget
    08-08 02:19 PM
    Hi,

    There is going to be an Independence day celebration event at Pierce college ,Woodland hills on August 18th ,2007. Please participate and do not forget to visit the Immigrationvoice.org booth for more information on our non-profit organization.

    See you all there!



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  • thescadaman
    05-10 11:40 AM
    Thanks for your reply. Infact I talked to the manager(Supervisor) at two DMV locations in Houston TX. First one only told me about this rule. At second place, since I insisted they showed me the rule in writing. I also expressed my frustration asking what kind of rule is this? They just washed hands saying they didn't make the rule and put the blame on texas legislature and parliament! Anyways will try your written rejection letter option.
    Suprised to read that you were able to make it in texas. Does your DL has Temporary Visitor Status Expies <Date> stamp on it?

    This is the highly detailed Official Document which (thankfully) does a good job of explaining the various statuses (25 pages long) - the criteria for applying and the validity of the DL.

    http://www.txdps.state.tx.us/DriverLicense/documents/ImmigrationStatusChart.pdf

    aerady - Have you applied for I-485?
    If Yes - then Look at Page 3 of this document

    Applicants for adjustment of status:
    Doc Required: Immigration documentation indicating this status � or Employment Authorization Document (EAD)(I-688B or I-766) with category C09. This documentation can include, but is not limited to a form I-797 indicating a pending I-485 or pending application for adjustment of status.
    Temporary Visitor Status Date: 1 year from date of application.




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  • Busted (and)


  • smisachu
    09-14 01:23 PM
    Reporter called me ***. She wants to do a story for the weekend edition and wants to talk to some one in Middlesex county. She spoke to me and she needs two more from Middlesex county, NJ. Any one from middlesex county New Jersey please call her ASAP.

    ****
    She wants to run this story on the weekend edition and she needs contacts ASAP.
    ==================
    DO NOT POST MEDIA LEADS ON THE FORUM PLEASE.
    Some information has been deleted form this post.
    - Admin



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  • hazishak
    07-18 05:53 PM
    Set up for $50 recurring contribution. Never in my life did I felt so charged up as I did in last few days. Thank you IV for inspiring.

    I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.

    Then it wont be a non profit organization any more. You can ask for donation but cant force for it.




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  • sledge_hammer
    03-04 11:46 AM
    What is your rate and who is your lender?

    In my case; I was offered a refinancing rate that was 0.5% more than what I would pay if I were a GC holder. The reasoning is the short term validity of H1. Ironically I wasn't discriminated 3 years ago when I bought my house. At that time; I even didn't have my labor cert cleared. Now 3 years down the line; I have cleared first 2 stages and applied to I-485; bank charges me more :) Weird!!!!



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  • anilnag
    02-23 01:49 PM
    We can predict EB2 movement but EB3 is kind of gone case for this year too. Without any CIR, we can just pray that EB2 for all countries become current or at least move until july fiasco date (Aug 2007) so that spillover starts trickling to EB3.

    Since EB2 I/C after Aug 2007 PD haven't filed their I-485 yet so the visa numbers if any left out by clearing until Aug 2007 should go to EB3I (the most retrogressed country). I don't see it happening this year but in 2010 it's a possibility.




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  • nojoke
    09-05 07:05 PM
    There is no doubt about NRIs are the prime reason for the real estate boom in India. It is tottally unbelivable that 2 bedroom flat in a normal second class town has gone to up to 40 lakes. Decent independent houses are in terms of crores in small cites. Two factors. One is foreign money and second in black money from local dadas/politicians. Also demand vs supply. The availble land is small and demand for that land is too high due to these two gropus.

    I visited one of my NRI friends house in India, where he is not going to live as he is a US citizen. His parents already won two houses and they bought another house as a investment. This house in a recent development area in a small town where there is no high tech employment is avialable; In my feeling it may not worth 5 lakes; they were selling at 45 lakes. Even if anyone ready to pay 45 lakes there is no unit is avialable; everything was sold to NRIs. No resident won the houses in that area. All the dads and mos are baby sitting the houses. Renting alos not that easy. It is tottally unbelivable. I wonder why all the NRIs buying house in India and increisng the house price? The guys working here (or any part of the world) and not going to live in India, why government should allow to buy the house and increse the price? Everyone tries to do real estate bussiness there. That is the main reason for price increase.

    Is is sad. All these NRIs are going to learn a very valuable lesson. Speculation is not a good strategy for investing. A lot learned that in the past few months here in USA. In a year we will be seeing the full blown post bubble correction in India. If one can rent an apartment for 15,000 why would one buy it for 50 lakhs. The interest alone on 50 lakhs is 50,000 every month. It is like buy and rent it and loose money. Instead why don't they deposit in a bank and get 50,000 every month:confused:



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  • raysaikat
    01-07 01:12 AM
    Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions.

    This actually reminds me of the joke:

    A doctor's office got flooded. The plumber is called and he fixed the broken pipe in 5 minutes.

    Doctor: "How much do I owe you?"
    Plumber: "$200".
    Doctor: "What! Even I do not make $200 for a 5 minute work!"
    Plumber: "Which is why I changed profession."

    :D




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  • gc_chahiye
    07-20 06:37 PM
    July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.

    Well it's done. Happy now?

    I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.

    And now the massive backlog is the result.

    You can't have your cake and eat it too.

    No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.

    I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.

    Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.

    It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.

    One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.

    Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.

    thats one way to look at it. The other way to see this is that:

    - given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.

    -there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.

    - instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.



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  • h1techSlave
    04-12 03:40 PM
    I have read online that S-corp is better than LLC. Is that true?

    Below is some info that I have collected:

    Anyone who is planning to do business within the State of Maryland, using a name other than their own personal name, must register with the state of Maryland (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html) ). If your business is a sole proprietorship, you do not need to register your business with the state.

    For help selecting a legal structure for your business, visit our Business Incorporation (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html)) guide.

    Your choices include sole proprietorship, partnership, corporation, "S" corporation or limited liability corporation (LLC). Personal liability, taxes, paperwork and regulations vary greatly among the different legal business structures. Your attorney and accountant will play a key role in assisting you in this important decision.

    C Corp will be double taxation. While S corp is not.
    The profit earned thru C Corp can be taken out by the owner of the company. But he has to pay 15% tax.

    What company to start - LLC (or) C- Corp. In our non-immigrant view, this is the difference - Under LLC, your company A's financial profit/loss etc will appear on your tax return. In other words, when you are out there at the consulate requesting a visa (or) for any other purpose and the officer asks for your tax return, there is a likelihood that the officer will ask you about all those financial records in the tax return.. and you will have to explain about your company which could lead to some other questions - what company and who are the employees etc etc ??

    Under C- corp - it is like investing in the stock market. It will show that you have invested in a company stock and that company has paid you dividends. Period. So personally i prefer C-corp... there will be less questions in the future. I donot know if i'am right or wrong. Professionals out there can correct me if i'am wrong.

    Now for the real differences - Under C-corp, you will be taxed twice - (ie) The company makes profit and there is a tax on that. Now the company divides the profit and gives it to its owners (you), and you get taxed for the dividends. bottomline - if C-corp, then it is like investing in the stock market.
    Under LLC - the company profit's trickle down to your profits and you pay taxes only once.




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  • Sunx_2004
    03-04 12:54 PM
    I noticed soft LUD on 485s last week for me and my wife...not sure what that means..

    A soft LUD today 03/04 on my/wife's I-485 application.

    I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.

    Let's wait what next visa bulletin says !

    Any one else with recent LUDs on their I-485s ?



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  • ramus
    06-03 03:44 PM
    If you are eligible to file I-140/485 now then how come you are stuck?

    Remember nothing has become law yet..


    My labor was approved 8 months ago. Although i submitted all the documents to my attorney 5 months ago My employer is yet to file. the fact is i am eligible to file for 140/485/ead/ap. So now i am stuck. Will this affect me.Thanks in advance.:mad: :mad: :mad: :mad: :mad:




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  • meimmi
    03-10 10:14 PM
    This is a very interesting topic. Can someone please clarify what are the pros/cons of C-corp vs S-corp? Is both treated as LLC?




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  • Immi_Nightmare
    07-06 05:56 PM
    aarbi, did you do your medicals, did you loose your work day, did you paid your attorney, did your wife(if any) came back from middle of the vacation, did you had health problem when you done your medicals....did your app got stuck at USCIS for years......
    sleepless nights for those people who's answer is YES for most of the above questions

    My wife is in the exact sme situation as yours . She to scramble around in India to get her passport re-validated after my H1 extension in the middle of her vacation and board the next flight to US , go through the medical tests only to find out that the dates have been pushed back again.




    jonty_11
    12-13 02:04 PM
    I think there are many ways to look at it. Doing Free service , yes it is a form of Gandhigiri, but will that cause the lawmakers to recognize us and pass laws in favor o fus..I do not think so.

    I think our situation is no different than people in South Africa in Gandhian times. How Gandhi fought for them is by writing and writing and pestering the Authorities to reduce unfair taxes on Indians in SA and to solve other problems they had like cannot ride in the same Trains/cars as Whites etc...., fighting for their rights in a Vocal but Non Voilent - non aggressive approach.

    We, in this post , have equated Gandhigiri with - divide ur attention - Go Do MBA- be occupied with something else while u are retrogressed, furthur ur career/skills,,,etc I do not think that is what Gandhigiri is about i.e. doing something for the self, but instead do it for the community. In this case IV is our community and its leaders are doing the right thing for our cause and if we continue to support that by adding members, funds we will do a fair bit of gandhigiri towards our cause.




    catopa
    03-04 09:44 AM
    Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.

    There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:



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