kevinkris
01-03 08:42 PM
Applied Aug 13th.. FP done.. EAD cards came.. no AP yet..:mad:
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PD_Dec2002
03-18 07:17 AM
Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
mirage
04-02 11:42 AM
I don't know what to tell you guys.. I'm surprised to see how some people's thought process work.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories’ This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don’t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories’ This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don’t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
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Marphad
03-03 05:07 PM
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
I owe you a drink if this is true :)
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
I owe you a drink if this is true :)
more...
kaisersose
06-10 10:26 AM
To all RonGcher fans:
Where is your RonGcher now?
He predicted a heavy forward movement of dates in the last quarter.
You thought he knows more and has inside information? :)
Now you know these lawyers are out there just to market themselves and get more clients.....
He was going by the logic that apparently DOS was releasing visa numbers on a quarterly basis. It should be clear now that it is not true. DOS is no longer releasing visa numbers on a quarterly basis.
Ron Gotcher does not have a crystal ball. He was predicting based on past statistics. It was subject to the condition that DOS had not changed its model.
Where is your RonGcher now?
He predicted a heavy forward movement of dates in the last quarter.
You thought he knows more and has inside information? :)
Now you know these lawyers are out there just to market themselves and get more clients.....
He was going by the logic that apparently DOS was releasing visa numbers on a quarterly basis. It should be clear now that it is not true. DOS is no longer releasing visa numbers on a quarterly basis.
Ron Gotcher does not have a crystal ball. He was predicting based on past statistics. It was subject to the condition that DOS had not changed its model.
Mygr8life
12-18 02:02 PM
I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.
Kondur...My gut says you are probably right that "they will apply spillover only in the last quarter" but the INA law says "quarterly...". So if "by law" if they are required to utilize the quarterly quota by Dec 2009, how many estimated #s are we talking? Is the estimated spillover visas couple of hundred or 1000 or 10,000-15,000???
Can someone answer the following (I understand IV has crunched the numbers and have predicted dates, but it would also be helpful to see these translated into #s): Does anyone wanna take a shot at crunching the above #s?
Between Oct2009 to Dec2009 (1st quarter):
1. How many total employment visas (is it be 140,000/4) are available per quarter?
2. How many total EB1+EB2Row pending applications?
3. Now the big assumption, How many of these have been adjudicated or have been alloted a visa # or could potentially use a visa #? (gurus...make some assumption).
4. So this current quarter how many visa #s are leftover for spillover to EB2-nonRow? (theortically should/could be or must be/allocated or "used up" by Dec2009, i.e. within the next 13 days)?
So in plain english: The answer could be as simple as "This quarter, which ends on Dec31, 2009, there could be .... visas available for spillover".
This might be unreasonable to expect but could be useful information...Whether spillover happens this quarter or not? thats a different story:confused:
Thanks.
Kondur...My gut says you are probably right that "they will apply spillover only in the last quarter" but the INA law says "quarterly...". So if "by law" if they are required to utilize the quarterly quota by Dec 2009, how many estimated #s are we talking? Is the estimated spillover visas couple of hundred or 1000 or 10,000-15,000???
Can someone answer the following (I understand IV has crunched the numbers and have predicted dates, but it would also be helpful to see these translated into #s): Does anyone wanna take a shot at crunching the above #s?
Between Oct2009 to Dec2009 (1st quarter):
1. How many total employment visas (is it be 140,000/4) are available per quarter?
2. How many total EB1+EB2Row pending applications?
3. Now the big assumption, How many of these have been adjudicated or have been alloted a visa # or could potentially use a visa #? (gurus...make some assumption).
4. So this current quarter how many visa #s are leftover for spillover to EB2-nonRow? (theortically should/could be or must be/allocated or "used up" by Dec2009, i.e. within the next 13 days)?
So in plain english: The answer could be as simple as "This quarter, which ends on Dec31, 2009, there could be .... visas available for spillover".
This might be unreasonable to expect but could be useful information...Whether spillover happens this quarter or not? thats a different story:confused:
Thanks.
more...
Alien
03-12 09:53 PM
I know someone with PD EB3-I 2003 March who got his GC today.
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leoindiano
06-25 12:40 PM
For every one person returning to their homeland, America is loosing 10 jobs to other countries.
You can cite some of the international CEO names, who returned from US and made fotune in their native land. Also, how the companies setup by them can take the US jobs.
You can cite some of the international CEO names, who returned from US and made fotune in their native land. Also, how the companies setup by them can take the US jobs.
more...
scorion
01-04 06:32 PM
I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
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map_boiler
07-06 12:01 AM
duplicate thread...admin please merge this with "News Article Thread -3"
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eb3_nepa
07-11 10:56 AM
I am EB3-India with PD of August 2003. I am anticipating at least another 2 years. Any forward movement in any category is good news to me.
Yeah I am EB3 India June 2003 too. Not sure when our turn will come, IF at all the way things are crawling here. Sometimes I really feel there is no justice to some of the IV members on here. I wonder which is worse, the corruption in India or the bureaucracy in the USA. Atleast in India, if I would have bribed the official, I would have had the documents by now.
Yeah I am EB3 India June 2003 too. Not sure when our turn will come, IF at all the way things are crawling here. Sometimes I really feel there is no justice to some of the IV members on here. I wonder which is worse, the corruption in India or the bureaucracy in the USA. Atleast in India, if I would have bribed the official, I would have had the documents by now.
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santb1975
06-04 11:09 AM
That is awesome.
Wandmaker - Thanks for your tireless support
I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.
As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.
"This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."
Wandmaker - Thanks for your tireless support
I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.
As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.
"This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."
more...
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logiclife
04-26 04:46 PM
My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?
Pending H1 transfer/extension petitions can be upgraded to premium processing by sending another form (for upgrade to premium) and the premium fee of $1000.
Some states accept H1 extension filing receipt notice. Other states dont. Depends on the state regulation and state laws. You should check with your DMV / DPS of New Jersey and ask them before you make decision to upgrade your H1 petition to premium. Maybe they will renew your DL with receipt...so check before you spend that money.
Pending H1 transfer/extension petitions can be upgraded to premium processing by sending another form (for upgrade to premium) and the premium fee of $1000.
Some states accept H1 extension filing receipt notice. Other states dont. Depends on the state regulation and state laws. You should check with your DMV / DPS of New Jersey and ask them before you make decision to upgrade your H1 petition to premium. Maybe they will renew your DL with receipt...so check before you spend that money.
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a_yaja
07-24 04:47 PM
Folks,
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
more...
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diptam
08-12 03:21 PM
The answer is "No" - my employer is also not willing to sign that form. They are saying that its against their policy to push Ombudsman or CIS for a I-140 which is pending for 15 months.
They are saying that the only thing they can do for me is "opening a service request" after 60 days of "Processing Date Update" Now Processing Date update is stuck @ Mar 22nd 2007 for last 4 months , so they are happy they are not obligated to do that either.
This is a huge Pain because 140 is actually employer petition and we are beneficiaries.
Lonedesi - Please advise, I'm ready to mail just the letter to CIS Ombudsman.
Hi Lonedesi and team,
I wish, I could move forward on this, unfortunately my employer a financial firm , will not sign or support the DHS Form 7001 due to legality, instead I can just send the letter by E-mail or mail to Ombudsman's office ?
Does it make sense ? Please advise.
Thank you!
They are saying that the only thing they can do for me is "opening a service request" after 60 days of "Processing Date Update" Now Processing Date update is stuck @ Mar 22nd 2007 for last 4 months , so they are happy they are not obligated to do that either.
This is a huge Pain because 140 is actually employer petition and we are beneficiaries.
Lonedesi - Please advise, I'm ready to mail just the letter to CIS Ombudsman.
Hi Lonedesi and team,
I wish, I could move forward on this, unfortunately my employer a financial firm , will not sign or support the DHS Form 7001 due to legality, instead I can just send the letter by E-mail or mail to Ombudsman's office ?
Does it make sense ? Please advise.
Thank you!
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NKR
04-03 08:13 AM
First, try to ask the question properly with specifics. It could easily be understood the way I understood it. U ask a dumb question and u get a dumb answer . Also, there was never any sort of communication between ssnd and myself. That itself shows who's dumb.
Looks like all the dumb ppl r getting lots of green dots. Amazing forum...IV ki jai.
Oh, you couldn�t grasp the obvious and telling me that my question had to be more specific and on top of that you agree that your answer was dumb, lol. No wonder you are dumb.
BTW ssnd and I are not rude in calling you dumb. It�s ok to call a spade a spade.
The bagel is tasting soooo good this morning, yummy�
Looks like all the dumb ppl r getting lots of green dots. Amazing forum...IV ki jai.
Oh, you couldn�t grasp the obvious and telling me that my question had to be more specific and on top of that you agree that your answer was dumb, lol. No wonder you are dumb.
BTW ssnd and I are not rude in calling you dumb. It�s ok to call a spade a spade.
The bagel is tasting soooo good this morning, yummy�
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icedgin
07-27 09:38 AM
Hi Angel,
I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.
I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.
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achiever2001
07-20 03:38 PM
You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
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qualified_trash
08-08 02:15 PM
and in some cases as long as 20-25 years, before he or she can even get a Green Card,
Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.
IMHO, it is important that we stick to facts when we write articles/op eds etc.
Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.
IMHO, it is important that we stick to facts when we write articles/op eds etc.
Wendyzhu77
07-22 03:00 PM
Just don't understand why people are still arguing about the number. The cold hard fact is: uscis processes 1M~2M EAD every year in the past few years. Please refer to one previous post for this info. With this existing load and the existing work force to handle this load, even 750K new application wouldn't be a overwhelming load, say, original 2 months waiting to now 3 months waiting.
Also, even this 750k new EAD number is questionable, as lots of people already explained. E.g., before July 17, only 55k 485 were received in total. That certainly doesn't sound well to add up to 750k.
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
Also, even this 750k new EAD number is questionable, as lots of people already explained. E.g., before July 17, only 55k 485 were received in total. That certainly doesn't sound well to add up to 750k.
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
chi_shark
03-02 05:24 PM
well said and I concur!
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
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