StarSun
01-18 09:32 AM
Over the past few days, many members have shown interest in meeting with lawmaker offices. Any member who is willing to meet with these offices, please contact me via ph or email.
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fide_champ
03-02 12:04 PM
All this H1B cracking down could be related to this..........
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/02/04/MNEK15JSM9.DTL
It's good that they are cracking down on the employers who are exploiting the H1B program but it's sad that some genuine people are getting affected by this. US govt should allow the businesses to flourish and it's not goog to point fingers at H1B/Outsourcing all together for the job loss as if these policy makers have no contribution for this economy crisis.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/02/04/MNEK15JSM9.DTL
It's good that they are cracking down on the employers who are exploiting the H1B program but it's sad that some genuine people are getting affected by this. US govt should allow the businesses to flourish and it's not goog to point fingers at H1B/Outsourcing all together for the job loss as if these policy makers have no contribution for this economy crisis.
desi3933
09-12 12:59 PM
....
My question is even if this were a sister company which is different than the original company how can they file a new labor without an AC21 or a new H1B.
.....
Khadash
You do not need to invoke AC-21 or H1-B to file a new labor for GC based future job.
My question is even if this were a sister company which is different than the original company how can they file a new labor without an AC21 or a new H1B.
.....
Khadash
You do not need to invoke AC-21 or H1-B to file a new labor for GC based future job.
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glus
04-18 06:44 PM
Dear Meridiani:
Your logic is correct, but. The but comes when a person at the time of filing I-485 is employed by the sponsoring company. If such a person changes employer BEFORE 180 days have past, there is so called, reasonable suspicion that the future job offer at the original sponsor does not exist any longer. That is why, the USCIS most often requires an updated employment offer letter from the original employer. One is free to change jobs if 181 days have passed with no major concerns and if one's I-140 petition is approved. However, if one changes jobs BEFORE 180 day have passed and does this voluntarily, this CAN cause issues. If one was fired, this is a different story.
In general, AC-21 kicks in only after 180 days have passed. If USCIS finds that one changed jobs before such time, it will ask why, when etc to see if AC-21 could be used. It is true that one can keep changing jobs, yes. But at the time of adjudication, the USCIS will require a job offer letter from the original sponsor, of a new employer if AC-21 was successfully used.
This is a complex issue any many of our members have gone through this. Attorneys ALWAYS advise to wait for 180 days since I-485 is filed before accepting new employment leaving the original sponsor behind.
see this:
http://www.gurfinkel.com/immigration_updates/2006/apr09-2006.html
Recently, the USCIS clarified the circumstances under which an alien is able to change employers under AC-21 without having to start all over again. In order to be able to change employers (or have a new employer "take over" the existing case), not only must the adjustment of status application be pending for 180 days or more, but the original employer's I-140 petition must have previously been approved . An alien would not be able to avail of the portability provisions of AC-21, and would not be able to change employers (or have the new employer "take over" the case) if:
Your logic is correct, but. The but comes when a person at the time of filing I-485 is employed by the sponsoring company. If such a person changes employer BEFORE 180 days have past, there is so called, reasonable suspicion that the future job offer at the original sponsor does not exist any longer. That is why, the USCIS most often requires an updated employment offer letter from the original employer. One is free to change jobs if 181 days have passed with no major concerns and if one's I-140 petition is approved. However, if one changes jobs BEFORE 180 day have passed and does this voluntarily, this CAN cause issues. If one was fired, this is a different story.
In general, AC-21 kicks in only after 180 days have passed. If USCIS finds that one changed jobs before such time, it will ask why, when etc to see if AC-21 could be used. It is true that one can keep changing jobs, yes. But at the time of adjudication, the USCIS will require a job offer letter from the original sponsor, of a new employer if AC-21 was successfully used.
This is a complex issue any many of our members have gone through this. Attorneys ALWAYS advise to wait for 180 days since I-485 is filed before accepting new employment leaving the original sponsor behind.
see this:
http://www.gurfinkel.com/immigration_updates/2006/apr09-2006.html
Recently, the USCIS clarified the circumstances under which an alien is able to change employers under AC-21 without having to start all over again. In order to be able to change employers (or have a new employer "take over" the existing case), not only must the adjustment of status application be pending for 180 days or more, but the original employer's I-140 petition must have previously been approved . An alien would not be able to avail of the portability provisions of AC-21, and would not be able to change employers (or have the new employer "take over" the case) if:
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snowshoe
11-19 07:50 PM
The cartoon looks good, I would prefer a congressman/senator (some one in a suit) trying to analyze the system rather than bob-the-builder.
My suggestions:
a> High skilled immigrants helping US competitiveness
b> With so many valves (constraints), are we not hurting ourselves?
The caption explaining the cartoon needs to include the fact that giving GCs to high skilled immigrants helps keep US economy running smoothly and fuels its growth.
My suggestions:
a> High skilled immigrants helping US competitiveness
b> With so many valves (constraints), are we not hurting ourselves?
The caption explaining the cartoon needs to include the fact that giving GCs to high skilled immigrants helps keep US economy running smoothly and fuels its growth.
chanduv23
09-17 01:39 PM
You still have a chance
Lets all support these children and make it to the rally
Lets all support these children and make it to the rally
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gc_chahiye
08-28 12:06 PM
wow 192 views no response.
thats probably because of your broad title for the thread: one question could mean any of 10,000 things, and everyone who sees this on the front page (including me), is forced to look at the thread whether they know about H1B stamping or not (on the front page we dont even know what sub-forum you have filed this question on).
Something along 'H1B stamping in Canada' or 'H1B online appointment in Canada' or 'filling DS-156 online for canada H1B stamping' would have been a better title.
AFAIK you can request the appointment without filling out the DS-156, you only need your passport number, address etc& pay the ~$10 in fees. You can fill out the DS-156 (& 157 if needed) later.
thats probably because of your broad title for the thread: one question could mean any of 10,000 things, and everyone who sees this on the front page (including me), is forced to look at the thread whether they know about H1B stamping or not (on the front page we dont even know what sub-forum you have filed this question on).
Something along 'H1B stamping in Canada' or 'H1B online appointment in Canada' or 'filling DS-156 online for canada H1B stamping' would have been a better title.
AFAIK you can request the appointment without filling out the DS-156, you only need your passport number, address etc& pay the ~$10 in fees. You can fill out the DS-156 (& 157 if needed) later.
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amitga
05-07 12:04 PM
Did anyone read the last two lines on the first page:
"Unused numbers can “fall-down” from E1 to E2 to E3. Unused numbers can “fall-up” from E4 and E5 to E1. This is taken into consideration when setting monthly/annual targets for number use based on historical/recent patterns."
Are they preparing for BIG spillover right from this month or am I reading too much between the lines.
"Unused numbers can “fall-down” from E1 to E2 to E3. Unused numbers can “fall-up” from E4 and E5 to E1. This is taken into consideration when setting monthly/annual targets for number use based on historical/recent patterns."
Are they preparing for BIG spillover right from this month or am I reading too much between the lines.
more...
akhilmahajan
05-05 10:28 AM
We did our canadian landing last month. When coming back to US we were not issued any new I-94 and our passports were also not stamped.
So for Question# 12, 13 and 14, what we need to fill.
Also, i have already used my EAD and no more on H-1, so what do we fill for Question# 15
I will really appreciate all the help.
I have the same question too.......
Can someone share their experience?GO IV GO
So for Question# 12, 13 and 14, what we need to fill.
Also, i have already used my EAD and no more on H-1, so what do we fill for Question# 15
I will really appreciate all the help.
I have the same question too.......
Can someone share their experience?GO IV GO
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imh1b
10-07 02:24 PM
MUMBAI: Is the American dream losing its appeal? Though the US still continues to attract the best minds from the world over, including India, stringent tax laws are forcing many Indians to re-look at the decision to settle in a land that has for long been their dream destination .
This is reflected by the increasing number of Indians wanting to give up their green cards or US citizenship after the country�s heavy budgetary deficit and a drive to trace unreported income through tighter tax laws and disclosure norms.
Tax laws in the US empower the Internal Revenue Service, the apex body for US tax administration, to tax global incomes of those holding US citizenships or the green card. As a result, Indians who hold a US citizenship or green card, face the threat of being taxed in the US for income generated in India, even if the Indian business has no territorial nexus with the US.
For example, many Indians in the US send money back home, which is invested in the stock market in India, where dividend and long-term capital gains are tax exempt.
Nevertheless, they are liable to pay tax in the US for income generated in India. According to reports published internationally, over 500 US citizens had given up citizenship in the last quarter of 2009, to settle in convenient destinations. This figure was almost double the number of people who severed ties with the US in 2008.
�It�s is true that several clients are giving up US citizenships,� said Sudhir Kapadia, a partner with consulting major Ernst & Young. �A major reason is the stringent tax laws. With rising budgetary deficits, their tax laws are increasingly becoming stringent. And more such laws are in the offing. From 2011, Inheritance Tax, at the rate of 20%, would be levied on heirs of US citizens. Many Indians are wary of such laws,� Mr Kapadia said.
There is another side to this development. Even if a person is not residing in the US, he is liable to pay tax if he holds a green card or has citizenship. In other countries, for example India, a person is bound to pay tax in the country if he resides there for more than 182 days in a year. However, the number of days a taxpayer resides in the country is irrelevant for the purpose of taxation in the US. What matters is whether he holds US citizenship or a green card.
Although these laws have been in force for some time, it was only two years back that the US government decided to strictly enforce them after the government detected unreported accounts of US citizens with the Swiss bank, UBS. Ever since, the US administration has initiated the project to collect as much data as possible about the global income of US citizens not reported to the Internal Revenue Service.
�For many Indians who hold green card or have US citizenship, America has ceased to be attractive,� said Dilip Lakhani, a Mumbai-based senior chartered accountant, who advises green-card holders doing business in India. �Many do not know they have to pay tax in the US for their Indian income. If they continue ignoring the requirement, they may land up in jail in the US. My advise to them is to comply with the US laws.� Defaulters will be in jail for at least six months.
A number of chartered accountants, who don�t want to be identified, said they have even advised their clients against going to the US for delivery of children. �These are from well-to-do clients for whom US tax laws would become a liability later in life. Most of them complied with the advice,� said a chartered accountant. Indians with green card or citizenship in US also find having to reporting foreign accounts with deposits of $10,000 or more
highly irksome.
US green card's now more of a tax sword for Indians - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/US-green-cards-now-more-of-a-tax-sword-for-Indians/articleshow/6686588.cms)
This is reflected by the increasing number of Indians wanting to give up their green cards or US citizenship after the country�s heavy budgetary deficit and a drive to trace unreported income through tighter tax laws and disclosure norms.
Tax laws in the US empower the Internal Revenue Service, the apex body for US tax administration, to tax global incomes of those holding US citizenships or the green card. As a result, Indians who hold a US citizenship or green card, face the threat of being taxed in the US for income generated in India, even if the Indian business has no territorial nexus with the US.
For example, many Indians in the US send money back home, which is invested in the stock market in India, where dividend and long-term capital gains are tax exempt.
Nevertheless, they are liable to pay tax in the US for income generated in India. According to reports published internationally, over 500 US citizens had given up citizenship in the last quarter of 2009, to settle in convenient destinations. This figure was almost double the number of people who severed ties with the US in 2008.
�It�s is true that several clients are giving up US citizenships,� said Sudhir Kapadia, a partner with consulting major Ernst & Young. �A major reason is the stringent tax laws. With rising budgetary deficits, their tax laws are increasingly becoming stringent. And more such laws are in the offing. From 2011, Inheritance Tax, at the rate of 20%, would be levied on heirs of US citizens. Many Indians are wary of such laws,� Mr Kapadia said.
There is another side to this development. Even if a person is not residing in the US, he is liable to pay tax if he holds a green card or has citizenship. In other countries, for example India, a person is bound to pay tax in the country if he resides there for more than 182 days in a year. However, the number of days a taxpayer resides in the country is irrelevant for the purpose of taxation in the US. What matters is whether he holds US citizenship or a green card.
Although these laws have been in force for some time, it was only two years back that the US government decided to strictly enforce them after the government detected unreported accounts of US citizens with the Swiss bank, UBS. Ever since, the US administration has initiated the project to collect as much data as possible about the global income of US citizens not reported to the Internal Revenue Service.
�For many Indians who hold green card or have US citizenship, America has ceased to be attractive,� said Dilip Lakhani, a Mumbai-based senior chartered accountant, who advises green-card holders doing business in India. �Many do not know they have to pay tax in the US for their Indian income. If they continue ignoring the requirement, they may land up in jail in the US. My advise to them is to comply with the US laws.� Defaulters will be in jail for at least six months.
A number of chartered accountants, who don�t want to be identified, said they have even advised their clients against going to the US for delivery of children. �These are from well-to-do clients for whom US tax laws would become a liability later in life. Most of them complied with the advice,� said a chartered accountant. Indians with green card or citizenship in US also find having to reporting foreign accounts with deposits of $10,000 or more
highly irksome.
US green card's now more of a tax sword for Indians - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/US-green-cards-now-more-of-a-tax-sword-for-Indians/articleshow/6686588.cms)
more...
sbmallik
08-10 01:23 PM
My priority date is June 2006.
I was with consulting company till 06/2009 after which I joined the client (fortune 10) company as full time employee. I'm on EB3 category using my EAD.
When I was with consulting company before I left they filed for my EB2 labor which is now approved.
Here is my DILEMMA.
OPTION#1) I can join my previous employer. i.e. the consulting company for interfiling between EB3 and EB2 so in which case if I go for premium I140 processing I will be on EB2 within a month or so.
BUT I'll have to leave my current full time employment which is with a fortune 10 company and good pay, I'm not comfortable to leave this position AND I do NOT want to loose the opportunity of getting my GC as soon as possible as EB2 dates are so close to my priority date.
OPTION#2) Discard the approved EB2 labor that my previous employer (consulting company) have for me and ask my current employer (fortune 10)company start my EB2 PERM labor and premium I140 and then interfile. IN THIS CASE, it might take about an year for me to get on to EB2 category BUT by then I'll miss the EB2 train if the dates become current before I get on to EB2 category....
I appreciate your help and time.
If I were you I would choose option #2, however, please make sure that your employer is ready to file a new EB2 application for the current job.
I was with consulting company till 06/2009 after which I joined the client (fortune 10) company as full time employee. I'm on EB3 category using my EAD.
When I was with consulting company before I left they filed for my EB2 labor which is now approved.
Here is my DILEMMA.
OPTION#1) I can join my previous employer. i.e. the consulting company for interfiling between EB3 and EB2 so in which case if I go for premium I140 processing I will be on EB2 within a month or so.
BUT I'll have to leave my current full time employment which is with a fortune 10 company and good pay, I'm not comfortable to leave this position AND I do NOT want to loose the opportunity of getting my GC as soon as possible as EB2 dates are so close to my priority date.
OPTION#2) Discard the approved EB2 labor that my previous employer (consulting company) have for me and ask my current employer (fortune 10)company start my EB2 PERM labor and premium I140 and then interfile. IN THIS CASE, it might take about an year for me to get on to EB2 category BUT by then I'll miss the EB2 train if the dates become current before I get on to EB2 category....
I appreciate your help and time.
If I were you I would choose option #2, however, please make sure that your employer is ready to file a new EB2 application for the current job.
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gcsim
04-01 09:10 AM
CCC- congratulations and best of luck for your life ahead.
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Munna Bhai
12-15 06:24 PM
If you follow this link you will find a cartoon that is targeted at law maker aids etc.
http://www.bugbrowser.com/httpdownloads/cartoon_v13.gif
I am after suggestions for text to place two places:
A) Front of the storage tank
B) In the think bubble
Feel free to suggest only for one place.
For example:
A) "1,000,000 HIGH SKILLED PROBATIONARY IMMIGRANTS & DEPENDANTS"
B) "Another case of wrong size pipes!"
or
B) "Did a politician design this plumbing?"
maybe not a good idea to make fun of those we need help from though.
Also, full credit to Suren who has helped very significantly with this. Indeed I will likely need some more help from Suren - so thanks.
Mark, wonderful work, very well done. If I get some ideas, I will convey in this forum.
http://www.bugbrowser.com/httpdownloads/cartoon_v13.gif
I am after suggestions for text to place two places:
A) Front of the storage tank
B) In the think bubble
Feel free to suggest only for one place.
For example:
A) "1,000,000 HIGH SKILLED PROBATIONARY IMMIGRANTS & DEPENDANTS"
B) "Another case of wrong size pipes!"
or
B) "Did a politician design this plumbing?"
maybe not a good idea to make fun of those we need help from though.
Also, full credit to Suren who has helped very significantly with this. Indeed I will likely need some more help from Suren - so thanks.
Mark, wonderful work, very well done. If I get some ideas, I will convey in this forum.
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bmoni
09-30 09:42 PM
Did you do it online or paper. I'm about to apply for my ead.
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Caliber
08-30 06:35 PM
Dear restartinggc,
You can file MTR and continue to work for 240 days. Meanwhile, you can explore filing a new H1 also.
Please do not ask me for links on this. You may google.
Good luck
You can file MTR and continue to work for 240 days. Meanwhile, you can explore filing a new H1 also.
Please do not ask me for links on this. You may google.
Good luck
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fall2004us
05-04 08:48 PM
I agree that the reason to get your H1 extended as backup plan is to be prepared in a worst case scenario.
But still I don't understnd the need to get the visa stamped. Getting the visa stamped is just for the purpose of letting you in (this doesn't give you additional status, don't know if this is required/help for DL in some state). AP serves that purpose 100%. Once you are in you can work on your EAD/H1 as long it is valid, irrespective of what is stamped in your passport in the form of visa/I94.
As long as you plan to keep your AP extended on time (just for travel purposes) there is no need of getting visa stamped. I had this detailed discussion with couple of immigration attorneys who are doing this for years. And this what I learned....
Once you file you I485
1) Keep your AP renewed promptly. This will make sure you have no travel restrictions.
2) Get your EAD renewed promptly. This will help you in case you have switch job to an employer who does not want to sponsor H1B.
3) Get your H1B renewed to be prepared for the worst case ("Secondary insurance" term referred by my company attorney).
4) Don't bother getting your H1B stamped. Enter using AP. This was a big message from our attorney. This way you can save $300 - 500 and couple of days of your vaccation back home and avoid all the hassle at consulate.
thanks kittu1991, your suggestion is well taken and it completely makes sense.
But still I don't understnd the need to get the visa stamped. Getting the visa stamped is just for the purpose of letting you in (this doesn't give you additional status, don't know if this is required/help for DL in some state). AP serves that purpose 100%. Once you are in you can work on your EAD/H1 as long it is valid, irrespective of what is stamped in your passport in the form of visa/I94.
As long as you plan to keep your AP extended on time (just for travel purposes) there is no need of getting visa stamped. I had this detailed discussion with couple of immigration attorneys who are doing this for years. And this what I learned....
Once you file you I485
1) Keep your AP renewed promptly. This will make sure you have no travel restrictions.
2) Get your EAD renewed promptly. This will help you in case you have switch job to an employer who does not want to sponsor H1B.
3) Get your H1B renewed to be prepared for the worst case ("Secondary insurance" term referred by my company attorney).
4) Don't bother getting your H1B stamped. Enter using AP. This was a big message from our attorney. This way you can save $300 - 500 and couple of days of your vaccation back home and avoid all the hassle at consulate.
thanks kittu1991, your suggestion is well taken and it completely makes sense.
more...
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anilsal
08-17 12:59 PM
Hello Again.
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Imigrait
02-05 04:52 PM
USCIS sent me letters to my new address confirming that they got the address change request. I would assume that should happen to anyone who changes address . If not, maybe a soft LUD could signal that they do know. If none of the above two happen, the only option remaining is to call them and find out.
FYI, I moved to a new state. So, keeping my fingers crossed.
FYI, I moved to a new state. So, keeping my fingers crossed.
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akgind
03-05 02:22 PM
I do not think SS amounts cannot be converted into PF because SS is a "Pay-as-you-go" system whereas PF is a "Fully-funded" system. The difference is important.
In a FF system your contributions are held in your own account and you are paid out of that. It is possible to identify the "balance" in your account at any time, including the return or growth of the original contributions. You get paid out of your own previous contributions.
Under a PAYGO system like SS, payments of the current retirees come out of the current contributions from workers. What we are contributing today is funding current payments and what we will get upon retirement will come from the contributions of the then working generation. There is no direct relationship beween what you pay and what you get as in FF system. All contributions go into a single pool and all payments come out of that common pool. The apparant link between individual contributions and payments is only because of the formula for determining payments prescribed under law, which can be changed anytime by the legislature - likely to happen once the inflow into the pool becomes smaller than the outflow. Hence the talk about SS bankruptcy. A FF system can never go bankrupt - you will get what you paid in.
That is why any hope of your SS "fund" being transferable is futile - whether you go from USA to Europe or to India. You do not have any "fund" in SS. You are only entitled to a future payment as per a formula that can be changed anytime by legislature.
Dubya tried to switch from PAYGO to FF form of SS, but failed.
In a FF system your contributions are held in your own account and you are paid out of that. It is possible to identify the "balance" in your account at any time, including the return or growth of the original contributions. You get paid out of your own previous contributions.
Under a PAYGO system like SS, payments of the current retirees come out of the current contributions from workers. What we are contributing today is funding current payments and what we will get upon retirement will come from the contributions of the then working generation. There is no direct relationship beween what you pay and what you get as in FF system. All contributions go into a single pool and all payments come out of that common pool. The apparant link between individual contributions and payments is only because of the formula for determining payments prescribed under law, which can be changed anytime by the legislature - likely to happen once the inflow into the pool becomes smaller than the outflow. Hence the talk about SS bankruptcy. A FF system can never go bankrupt - you will get what you paid in.
That is why any hope of your SS "fund" being transferable is futile - whether you go from USA to Europe or to India. You do not have any "fund" in SS. You are only entitled to a future payment as per a formula that can be changed anytime by legislature.
Dubya tried to switch from PAYGO to FF form of SS, but failed.
english_august
09-11 08:51 AM
You go Chandrakanth!
Here's the bottom line - IV has provided you with the best stage possible to voice your concerns and opinions to the US lawmakers. Now it is up to every individual to make this a success. If you are not a part of it in some way or the other, you've lost all the rights to complain about any and all immigration related problems in your future.
Here's the bottom line - IV has provided you with the best stage possible to voice your concerns and opinions to the US lawmakers. Now it is up to every individual to make this a success. If you are not a part of it in some way or the other, you've lost all the rights to complain about any and all immigration related problems in your future.
Adam
06-06 10:18 PM
I am really liking the look and feel of this battle! Good Job guys!
I agree, gonna be a good one to watch :D
I agree, gonna be a good one to watch :D
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