mmk123
03-02 06:46 PM
I agree as well as disagree with Chandu.
India is where it is and US is where it is. Don't say you don't want to go because India is like this or want to get GC because US is like this. It's more like what you like or dislike (from India or US); hence you want to stay or go back. People prefer to stay place A as they cannot accommodate in place B and not because country cannot accommodate to what they like. I think that's more of a matter of personal choice.
Having said this, I agree to the fact that India has best things to offer "if once can afford" and "change should come to grassroots".
Moving back to the original question - do I feel like giving up? Yes, I do but I give up that feeling of giving up when I occasionally read what guild, plumberusa cartoons blabber and how much they hate us :)
India is where it is and US is where it is. Don't say you don't want to go because India is like this or want to get GC because US is like this. It's more like what you like or dislike (from India or US); hence you want to stay or go back. People prefer to stay place A as they cannot accommodate in place B and not because country cannot accommodate to what they like. I think that's more of a matter of personal choice.
Having said this, I agree to the fact that India has best things to offer "if once can afford" and "change should come to grassroots".
Moving back to the original question - do I feel like giving up? Yes, I do but I give up that feeling of giving up when I occasionally read what guild, plumberusa cartoons blabber and how much they hate us :)
wallpaper casas bonitas por dentro.
485Mbe4001
06-10 02:52 PM
you bet you dont have to worry at all, after all your handle mentions that you will be in india in 6 odd months. Since it will take 3 months for you to pack, you might as well spend your time on the R2I forum. Do log back and tell us about the green grass on the other side when do go back. :mad:
EB ignorance is bliss..good for you :p
I am EB3...good news is the two-year EAD...a bit relieved.
Y2K bought in thousands of Desis(including me) and now we are in a USCIS Theater queue. House Full...I will wait for another show.....so what?
Love to relax....or learn it now
EB ignorance is bliss..good for you :p
I am EB3...good news is the two-year EAD...a bit relieved.
Y2K bought in thousands of Desis(including me) and now we are in a USCIS Theater queue. House Full...I will wait for another show.....so what?
Love to relax....or learn it now
needhelp!
09-10 08:00 PM
gctoget, rajamanikannan, hemants
2011 hot FACHADAS DE CASAS
bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
more...
jimytomy
04-12 06:45 AM
How long it takes to get 140 approved in premium?
Officially 15 days. But according track itt website , it is taking at the most 8 or 9 days.
Officially 15 days. But according track itt website , it is taking at the most 8 or 9 days.
baleraosreedhar
12-18 03:59 PM
Hi
I am sreedhar, I am in redlands ,inland Empire.
Currently waiting for my PD to be current to apply for GC.
My Details are
PD Oct 2004 EB3
I 140 Approved.
looking forward for future conference calls.
Thanks
I am sreedhar, I am in redlands ,inland Empire.
Currently waiting for my PD to be current to apply for GC.
My Details are
PD Oct 2004 EB3
I 140 Approved.
looking forward for future conference calls.
Thanks
more...
Milind123
09-14 09:57 PM
it is
Thanks. Looks like the first time contributors are motivating others. Can we (karan and I) have more contributions please? Sept18th is round the corner. Just wanted to get all 401K contributions in before people start travelling. we still have one last round after this.
Thanks. Looks like the first time contributors are motivating others. Can we (karan and I) have more contributions please? Sept18th is round the corner. Just wanted to get all 401K contributions in before people start travelling. we still have one last round after this.
2010 pictures FACHADAS DE CASAS BONITAS casas bonitas.
gc_on_demand
03-09 11:32 AM
For Eb2 india and china dates will be like this in April 2009 bulletin.
Eb2 India : Feb 2005
China : Feb 2006
May 2009 bulletin
Eb2 India : May 2005
China : May 2006
June 2009 bulletin
Eb2 India : Sep 2005
China : Sep 2006
July 2009 bulletin
Eb2 India : Feb 2006
China : Feb 2007
August 2009 bulletin
Eb2 India : May 2007
China : May 2008
Eb2 India : Feb 2005
China : Feb 2006
May 2009 bulletin
Eb2 India : May 2005
China : May 2006
June 2009 bulletin
Eb2 India : Sep 2005
China : Sep 2006
July 2009 bulletin
Eb2 India : Feb 2006
China : Feb 2007
August 2009 bulletin
Eb2 India : May 2007
China : May 2008
more...
Caliber
05-15 03:47 PM
Finally at last today the web site shows that my Labor is certified. I am really glad at it. PBEC has shown us the HELL on earth and though I am 43 years old, I feel like much older than that due these PBEC guys. They never realize that this is our biggest milestone.
My NOF was on Prevailing Wage as my pay was 65K and PBEC wanted to increase it to 87K. But our attorney's have submitted third party surveys and we have given up thinking that PBEC will not agree for it.
I know how hard it is to live without a status. I pray that PBEC guys releases every one from their HELL. Details are in my signature.
My NOF was on Prevailing Wage as my pay was 65K and PBEC wanted to increase it to 87K. But our attorney's have submitted third party surveys and we have given up thinking that PBEC will not agree for it.
I know how hard it is to live without a status. I pray that PBEC guys releases every one from their HELL. Details are in my signature.
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gccube
07-19 02:29 AM
I personally believe that PD is more significant than the RD but it makes sense to me that RD may take precedence if the PD is current (as suggested by some members of the forum).
But if we think that at all times RD is the order they process them what would happen in this scenario
1. A guy with 2001 PD filed later and was 750,000 th guy in the queue of AOS applications.
2. After accepting all the apps USCIS retrogressed the dates to 2002 Jan. That means that USCIS is asking for AOS apps which satisfy this PD. That means that a visa no is available as of that date for adjudication so the first new application received(after they are retrogressed) will be 750,001 th application.
3. If RD is the only processing order at all times then 750,001th application will not be sent to an officer for review until all other 750,000 th applications with a better RD are processed.
4. Assuming that this takes 3 years (for example) then they are accepting an application today which they are not going to even look at in the next three years and this is not making sense to me.
5. If they are accepting the 750,001 th application because that application qualifies for a visa no then that should be processed before the other applications(barring for special cases FBi name check issues, RFEs etc). This means PD comes into picture when there is retrogression. So then they have to apply the same rule for the I-485 applications which are pending with them. They some how have to order them on the PD and I assume this should not be rocket science for them as that data is part of our AOS applications.
Thanks everyone for your inputs.
But if we think that at all times RD is the order they process them what would happen in this scenario
1. A guy with 2001 PD filed later and was 750,000 th guy in the queue of AOS applications.
2. After accepting all the apps USCIS retrogressed the dates to 2002 Jan. That means that USCIS is asking for AOS apps which satisfy this PD. That means that a visa no is available as of that date for adjudication so the first new application received(after they are retrogressed) will be 750,001 th application.
3. If RD is the only processing order at all times then 750,001th application will not be sent to an officer for review until all other 750,000 th applications with a better RD are processed.
4. Assuming that this takes 3 years (for example) then they are accepting an application today which they are not going to even look at in the next three years and this is not making sense to me.
5. If they are accepting the 750,001 th application because that application qualifies for a visa no then that should be processed before the other applications(barring for special cases FBi name check issues, RFEs etc). This means PD comes into picture when there is retrogression. So then they have to apply the same rule for the I-485 applications which are pending with them. They some how have to order them on the PD and I assume this should not be rocket science for them as that data is part of our AOS applications.
Thanks everyone for your inputs.
more...
wellwisher02
04-01 09:26 AM
Wow, so you're telling me be happy as somebody else is in pain now ???
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
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vparam
09-18 09:41 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
more...
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Libra
09-12 07:35 AM
awesome!!! thank you Milind123. u da man.
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Pineapple
01-06 10:47 PM
Seriously, does anyone have the transcript and slides/charts used? The good professor (Wadhwa) might be right, or wrong, or both. But I want to take a good look at the charts and the raw data. As they say, extraordinary claims require extraordinary evidence.
Of course, it is all an academic exercise.. Prof. Wadhwa (or me) can no more affect the global movement of knowledge and capital than King Canute could hold back the tide. But, it is far better an exercise than getting in the mud pit and hurling at each other :rolleyes:
Of course, it is all an academic exercise.. Prof. Wadhwa (or me) can no more affect the global movement of knowledge and capital than King Canute could hold back the tide. But, it is far better an exercise than getting in the mud pit and hurling at each other :rolleyes:
more...
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dummgelauft
03-04 02:07 PM
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
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Libra
09-11 01:51 PM
niraj1207, nat23, hemkant thank you all fo ryour contributions. hope you guys can make it to rally in DC.
more...
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msp1976
02-26 04:21 PM
I am still waiting ...July 2004...
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shukla77
06-11 01:14 PM
Wow ... Although I am not in consulting business so dont know all the fundas, but what seems interesting to me is "making 100K from 100~200K from active trading and investing in other areas". So I can make 50K if I have 50-100K to invest. Pretty hefty returns :D.. I wish we could chat over the lunch or something
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
hairstyles las fachadas de las casas.
blackberry
07-05 03:03 PM
Sent email to GA senators.
http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=GA
--
BB
http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=GA
--
BB
smaram1
03-06 03:51 PM
LUDS's on 3/5 and 3/6 for spouse and myself...atleast some one is having a look at documents ..that's a good sign....
kak1978
08-25 11:17 PM
Try IDBI, they have good rates.
