manishcp
09-26 12:16 PM
Can you put URL for updated article?
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ita
02-02 03:25 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
atleasth1b
08-22 05:13 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
2011 Natalie Portman
nojoke
03-01 04:03 AM
Commodity prices like crudeoil,steel,wood used in construction are at lowest since a decade.The commodity prices will not go back to 2006 levels not in near future,so already constructed houses have lost almost 70% value in them.Bail out or another help will not sort this issue.Only free market has to solve the issue.For housing to get to 2006 levels there should be huge housing boom in China,India where they have huge populations.People in India are poor so they cant afford a house even if they want one.China wont spend they are intersted in buying US treasuries.So the only option for the bank is to write off these houses.Govt help for home owners will be only a drop in the ocean.
Very true
Very true
more...
guyfromsg
07-16 09:52 PM
We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.
Here is the first one:
I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?
Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Example 8.
Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.
What kind of federal income tax returns will he file for 1999 and 2000?
Here is the first one:
I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?
Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Example 8.
Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.
What kind of federal income tax returns will he file for 1999 and 2000?
paskal
07-09 06:40 PM
there is still the last quarter's quota
which is 100 - (27% X 3) = 19%
this 19% cannot be issued in July either- not more than 10% a mnth
there is no question they ignored this
i'm curious to know what reason they will use to justify it.
especially if it's a deposition under oath.
which is 100 - (27% X 3) = 19%
this 19% cannot be issued in July either- not more than 10% a mnth
there is no question they ignored this
i'm curious to know what reason they will use to justify it.
especially if it's a deposition under oath.
more...
rsayed
11-20 11:13 PM
Guys.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
2010 Natalie Portman at Black Swan
indio0617
11-20 09:20 AM
Probably, at this moment it might still be true but the reality is that it is soon going to be demoted from this position......so there is nothing like missing the opportunity....!!!!
VERY TRUE...
VERY TRUE...
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msgrewal81
02-19 08:17 AM
What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
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desi3933
07-09 04:42 PM
Certainty is related to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
Would you mind quoting the actual law then?
Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.
Would you mind quoting the actual law then?
Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.
more...
tikka
08-05 08:33 PM
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 12:00pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 12:00pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
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thesparky007
03-08 05:06 PM
Hi Sparky! Well a quick google search turned some results, hope you find them usefull,
Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/
These seem nice, some of the basics of modeling are shown:
http://www.vrotvrot.com/xoom/tutorials.html
And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
http://www.blender3d.org/Education/index_old.php?sub=
and another one... almost the same
http://www.blender3d.org/cms/Using_Blender.80.0.html
thx man!
the 2nd one was really helpful, i ll go home and make them...
once again thank you bluesun
Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/
These seem nice, some of the basics of modeling are shown:
http://www.vrotvrot.com/xoom/tutorials.html
And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
http://www.blender3d.org/Education/index_old.php?sub=
and another one... almost the same
http://www.blender3d.org/cms/Using_Blender.80.0.html
thx man!
the 2nd one was really helpful, i ll go home and make them...
once again thank you bluesun
more...
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GCcomesoon
05-20 10:23 PM
Congrats Dude!
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
Thanks Buddy ,It looks like your case should be getting picked up soon,As mentioned my wife's case was received on July 7th, 2007 & I'm still waiting for her approval. I had been to immigration local office to schedule biometrics which they did & I got it done on 5/17 after which I got the Card in production email on 5/19.I hope to get the physical card in next few days.
I wish you all the luck. I'm sure you should see your approval in next 30-45 days max.
Regards
GCcomesoon
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
Thanks Buddy ,It looks like your case should be getting picked up soon,As mentioned my wife's case was received on July 7th, 2007 & I'm still waiting for her approval. I had been to immigration local office to schedule biometrics which they did & I got it done on 5/17 after which I got the Card in production email on 5/19.I hope to get the physical card in next few days.
I wish you all the luck. I'm sure you should see your approval in next 30-45 days max.
Regards
GCcomesoon
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lazycis
12-20 08:53 PM
Phew! I didn't know that I was out of status for an year. As I dig deep, I came to know how much trouble I am in now. If hope and pray that I wouldn't receive any RFE at the time when IO review my application. I didn't had any problem till now.
Again, you were not of status. Do not worry, nobody will ask you for 6-7 years of paystubs :)
Again, you were not of status. Do not worry, nobody will ask you for 6-7 years of paystubs :)
more...
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pappu
01-18 11:16 AM
We need at least 1000 members signing up for the monthly contributions in a month. I am sure we can do that. We have 8000 members and it should be easy. Till now we have only 100 signups
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andycool
03-16 02:04 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
more...
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GreenLantern
02-14 05:21 PM
Well I gave this a shot last night, and I have realized that I suck at 3D.
I might try again later, but i'm going to collapse in my own defeat for a while.
I might try again later, but i'm going to collapse in my own defeat for a while.
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Hermione
09-27 01:54 PM
I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.
The name 'ImmigrationVoice' was not mentioned in the article. So, people would not be confused, since they do not know what to be confused about.
The name 'ImmigrationVoice' was not mentioned in the article. So, people would not be confused, since they do not know what to be confused about.
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hpandey
04-24 10:57 AM
Wish you best of luck !!
amsgc
07-13 11:25 PM
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
Unfortunately, i don't have the link, but I will post it if i come across it.
Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
trueguy
04-06 05:55 PM
Do you know the POE?
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