swissgear
08-23 03:03 PM
It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
And to make things more clear, I didn't quit the job just because I wasn't getting a chance to file in EB1, its because you are expected to work 24/7, Yes I mean 24/7 having to take calls midnight, logging and working from home in odd hours, any day time with offshore, onshore, clients and paid like 65k. Life sucked and I couldn't take it any more and had to leave..
I'll stop and leave it here....
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
And to make things more clear, I didn't quit the job just because I wasn't getting a chance to file in EB1, its because you are expected to work 24/7, Yes I mean 24/7 having to take calls midnight, logging and working from home in odd hours, any day time with offshore, onshore, clients and paid like 65k. Life sucked and I couldn't take it any more and had to leave..
I'll stop and leave it here....
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laksmi
12-27 09:19 AM
My AP was filed on July 2nd along with 485 but receipt shows Oct 1st, any how received AP approved notice on Oct 23rd to my communication address but the USCIS online status was not updated till now with the Approval statement but I have the approved document, when I called the customer service they said it will take 30 to 60 day to get updated.
Any how there is a printing mistake of my Name I have send back my AP original again to USCIS to get it corrected, it was there mistake and almost 40 days now I have not got any response on my AP till now.
Please comment if any one with such situation.
Thank you
Any how there is a printing mistake of my Name I have send back my AP original again to USCIS to get it corrected, it was there mistake and almost 40 days now I have not got any response on my AP till now.
Please comment if any one with such situation.
Thank you
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. :)
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eb3retro
07-11 11:53 AM
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
more...
bkarnik
04-26 12:43 PM
khnmbd:
Is the SJC convening on 27th to discuss immigration reform? Do you have any more details? The website talks about voting rights?
Is the SJC convening on 27th to discuss immigration reform? Do you have any more details? The website talks about voting rights?
delhiguy79
08-14 04:07 PM
guys i think USCIS is not interested in giving EB 3 guys GC...
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
more...
hopefulgc
09-12 11:41 AM
can we put up forum threads here for state chapters or some kind of direct link or page for each individual state chapter
Doing state chapters through list servs is just not working out.
In my opinion
(1) Community must unite
(2) People must come out of anonymity by providing true information
(3) People must walk the talk - just not open threads and keep discussing
(4) Efforts must be well organized - IV is a great organization - we have state chapters where people can organize themselves - helps us all to do things more effectively
The biggest issue is - everyone come here and open threads but it alll stops there - people join state chapters but do nothing - just want to get updates - and always blame IV for whatever happens and question IV and want to grill IV as to what IV is doing.
Can we all get organized?
Sanjeev - I am sorry I am digressing from the original plan of this thread - but lets face reality - what is the use of all these tangential efforts - you may get hundreds of replies on this thread - but is there a proper directive? No one knows what to do it all starts and ends in discussion and waste of valuble time doing nothing.
I would rather recommend
(1) Lets get organized
(2) Give out proper information
(3) Pledge wholehearted support
(4) Be committed
(5) Join a state chapter
(6) Expand the community
(7) Work hard
(8) gather support
(9) take initiatives to lead - support will follow
(10) Do not waste time on unnecessary predictions, discussing waste, roumors etc...
(11) Understand the effort - lobbying - understand that IV needs a lot of money for lobbying - please contribute - please raise funds
Is everyone ready to do the above?
Doing state chapters through list servs is just not working out.
In my opinion
(1) Community must unite
(2) People must come out of anonymity by providing true information
(3) People must walk the talk - just not open threads and keep discussing
(4) Efforts must be well organized - IV is a great organization - we have state chapters where people can organize themselves - helps us all to do things more effectively
The biggest issue is - everyone come here and open threads but it alll stops there - people join state chapters but do nothing - just want to get updates - and always blame IV for whatever happens and question IV and want to grill IV as to what IV is doing.
Can we all get organized?
Sanjeev - I am sorry I am digressing from the original plan of this thread - but lets face reality - what is the use of all these tangential efforts - you may get hundreds of replies on this thread - but is there a proper directive? No one knows what to do it all starts and ends in discussion and waste of valuble time doing nothing.
I would rather recommend
(1) Lets get organized
(2) Give out proper information
(3) Pledge wholehearted support
(4) Be committed
(5) Join a state chapter
(6) Expand the community
(7) Work hard
(8) gather support
(9) take initiatives to lead - support will follow
(10) Do not waste time on unnecessary predictions, discussing waste, roumors etc...
(11) Understand the effort - lobbying - understand that IV needs a lot of money for lobbying - please contribute - please raise funds
Is everyone ready to do the above?
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sam2006
09-12 09:08 PM
Looks like you will soon cross My 350 Contribution ;)
I pledge 100$ more once Milind123 equals 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
I pledge 100$ more once Milind123 equals 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
more...
pd_recapturing
11-24 05:21 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
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hebron
10-22 10:50 AM
I filed my EB2 with the same employer. Did not get any RFE for PERM Labor. I have M.S degree from US. I am in the same job role from the beginning (Web Developer).
I sent you private message. Could you please take a look?
I sent you private message. Could you please take a look?
more...
lifesucksinUS
09-10 09:35 AM
It certainly is a bad news..
guys my PD is april 2004, does that mean I stand no chance. I had RFE on 08/14.Should I still keep hopes till the end of the month, or its all over for me till my date gets current again...Senior members plsssssssss respond...
guys my PD is april 2004, does that mean I stand no chance. I had RFE on 08/14.Should I still keep hopes till the end of the month, or its all over for me till my date gets current again...Senior members plsssssssss respond...
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lskreddy
04-30 02:41 PM
Someone by Steve King is expressing his reasons why we should not let this happen as this is a 'backdoor' way to increase the number. What a start..
more...
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sanju_dba
09-08 10:45 AM
Came here in july 1997
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
to make it more arbitrable, how about if one completes the 40 tax credits and is clean of criminal records.
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
to make it more arbitrable, how about if one completes the 40 tax credits and is clean of criminal records.
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vparam
10-11 06:33 PM
vparam...
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
Yes, Opened and have done business worth 10K :-)
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
Yes, Opened and have done business worth 10K :-)
more...
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spicy_guy
08-12 12:02 PM
He is slamming consultancy businesses. all together, clearly!
America will pay through the nose for this move.
+2K. Are they crazy?
America will pay through the nose for this move.
+2K. Are they crazy?
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learning01
04-25 02:06 PM
offline means talk in private emails, private messages and send conclusions to IV core team for including in thier next goals, once most of present goals are achieved. Thanks. Let's concentrate on the main work here.
I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..
I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...
I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..
I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...
more...
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sunny1000
09-30 04:16 PM
USCIS can process recaptured numbers. If 200k numbers are in one year USCIS will plan for 200k numbers in that year.In 2000 they processed more applications after a immigration reform. One way of preventing wastage is plan to process all the applications in 11 months. If any unused numbers can be processed in that one month.
I would like to have whatever you are smoking when you type these things. Seriously man...give us a break, will ya? Is there a point system by which people get GCs if they play the devil's advocate? I would like to sign up for that.
The Ombudsman's report clearly stated how USCIS wasted all these visa #s due to their ineffieciency, very well knowing that these #s cannot be re-used the following year. Why don't you send your below mentioned valuable advice to USCIS and see if you can make them do the right thing instead of "educating" us("One way of preventing wastage is plan to process all the applications in 11 months")
I would like to have whatever you are smoking when you type these things. Seriously man...give us a break, will ya? Is there a point system by which people get GCs if they play the devil's advocate? I would like to sign up for that.
The Ombudsman's report clearly stated how USCIS wasted all these visa #s due to their ineffieciency, very well knowing that these #s cannot be re-used the following year. Why don't you send your below mentioned valuable advice to USCIS and see if you can make them do the right thing instead of "educating" us("One way of preventing wastage is plan to process all the applications in 11 months")
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gccovet
10-17 05:01 PM
Hello,
just did my part.
Folks, please come forward and send letters.
If you think you are safe, then you are wrong, this issue will come and bite you if you are planning or already exercised AC-21.
"Red dots" don't bother me, so don't waste you time and energy.
GCCovet.
just did my part.
Folks, please come forward and send letters.
If you think you are safe, then you are wrong, this issue will come and bite you if you are planning or already exercised AC-21.
"Red dots" don't bother me, so don't waste you time and energy.
GCCovet.
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johnamit
08-10 02:00 PM
nothing new but here it is:
source: http://www.murthy.com/news/n_notaug.html
Delays in Issuance of USCIS Receipt Notices - August 2007
Posted Aug 10, 2007
�MurthyDotCom
The USCIS has advised that, as of August 3, 2007, they have received a substantially higher than normal volume of filings. This comes as no surprise, as it is most likely related to the July 2007 Visa Bulletin filings. The volume of cases has created a "front log" of cases awaiting initial data entry and issuance of receipt notices. The USCIS advises that the receipt notice delays will not impact eligibility for change of status or extension of status. Cases will be treated as received on their actual receipt dates, even if the receipt notice is delayed. The actual date that the filing was received at the USCIS (receipt date) will appear on the I-797 receipt notice, in addition to a later issuance of the receipt notice (notice date).
�MurthyDotCom
Issuance of Receipt Notices at NSC and TSC
�MurthyDotCom
The USCIS has published updates with information about receipt notices and the order in which they will be issued. As of August 3, 2007, the Nebraska Service Center (NSC) had issued receipts for employment-based I-485s, I-131s, and I-140s filed on or before July 1, 2007. (Although July 1, 2007, is a Sunday, that is the date that was given by the USCIS.) NSC is issuing receipts for I-765s filed on or before July 2, 2007. The Texas Service Center (TSC) is reporting that it is issuing receipts for employment-based I-485s, I-131, and I-765s filed on June 26, 2007.
�MurthyDotCom
Murthy Law Firm Update and Suggestion
�MurthyDotCom
The USCIS plans to provide weekly updates on its issuance of receipt notices. As of last week, the Murthy Law Firm had received some I-485 receipt notices dated July 2, 2007. Those awaiting receipts should also see if their filing fee checks have been cashed. This confirms that the case was accepted for processing. A receipt number of the file / case can be found on the back of the check.
source: http://www.murthy.com/news/n_notaug.html
Delays in Issuance of USCIS Receipt Notices - August 2007
Posted Aug 10, 2007
�MurthyDotCom
The USCIS has advised that, as of August 3, 2007, they have received a substantially higher than normal volume of filings. This comes as no surprise, as it is most likely related to the July 2007 Visa Bulletin filings. The volume of cases has created a "front log" of cases awaiting initial data entry and issuance of receipt notices. The USCIS advises that the receipt notice delays will not impact eligibility for change of status or extension of status. Cases will be treated as received on their actual receipt dates, even if the receipt notice is delayed. The actual date that the filing was received at the USCIS (receipt date) will appear on the I-797 receipt notice, in addition to a later issuance of the receipt notice (notice date).
�MurthyDotCom
Issuance of Receipt Notices at NSC and TSC
�MurthyDotCom
The USCIS has published updates with information about receipt notices and the order in which they will be issued. As of August 3, 2007, the Nebraska Service Center (NSC) had issued receipts for employment-based I-485s, I-131s, and I-140s filed on or before July 1, 2007. (Although July 1, 2007, is a Sunday, that is the date that was given by the USCIS.) NSC is issuing receipts for I-765s filed on or before July 2, 2007. The Texas Service Center (TSC) is reporting that it is issuing receipts for employment-based I-485s, I-131, and I-765s filed on June 26, 2007.
�MurthyDotCom
Murthy Law Firm Update and Suggestion
�MurthyDotCom
The USCIS plans to provide weekly updates on its issuance of receipt notices. As of last week, the Murthy Law Firm had received some I-485 receipt notices dated July 2, 2007. Those awaiting receipts should also see if their filing fee checks have been cashed. This confirms that the case was accepted for processing. A receipt number of the file / case can be found on the back of the check.
gc28262
06-26 02:26 PM
My labor is certified online today June 26,2007. Awaiting the hardcopy of labor certification.
Center: Phily BEC
PD: May 2004
TYPE : EB3 NON-RIR
Wishing good luck to all of you waiting in BECs !
Center: Phily BEC
PD: May 2004
TYPE : EB3 NON-RIR
Wishing good luck to all of you waiting in BECs !
pankajkakkar
08-08 12:08 PM
I sent you one in a PM a few minutes ago.
Pankaj
Pankaj
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