mhathi
05-02 08:51 AM
Is a h1b holder a nonresident alien or a resident alien ? It says on IRS site that you dont get stimulus if you are a nonresident alien.
An H1B holder is a resident for tax puposes as long as you meet the substantial presence test. This is evident from the fact that when you file taxes, you file 1040 or 1040EZ. Not 1040NR. When I was a student, I filed 1040NREZ. After graduation, I am required to file 1040.
An H1B holder is a resident for tax puposes as long as you meet the substantial presence test. This is evident from the fact that when you file taxes, you file 1040 or 1040EZ. Not 1040NR. When I was a student, I filed 1040NREZ. After graduation, I am required to file 1040.
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neoklaus
12-27 09:46 AM
I 131(AP) mailed on Aug.15 to NSC
RN Oct.1
Still nothing...
Member of Florida State Chapter
RN Oct.1
Still nothing...
Member of Florida State Chapter
om5454
01-22 12:28 AM
I was going thru your question, I am kind of in the same boat. My PD is Jan'04 in EB3. Filed 485 for self and wife in Jul'07.
Did you get answer to your question ?
Did you get answer to your question ?
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Napoleon
03-10 09:38 PM
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
more...
emartin
05-13 12:11 AM
hi guys,
For those who have some questions about corporation vs llc, please check this video (and some related videos as well)
Corporations and Limited Liability | Khan Academy (http://www.khanacademy.org/v/corporations-and-limited-liability?p=Finance)
Sal explains better than anyone else :)
For those who have some questions about corporation vs llc, please check this video (and some related videos as well)
Corporations and Limited Liability | Khan Academy (http://www.khanacademy.org/v/corporations-and-limited-liability?p=Finance)
Sal explains better than anyone else :)
badluck
07-24 02:33 PM
Are you talking about emplyment based or family based.. may be your wife sponsord you.. please clear.
more...
ramus
07-06 02:47 PM
We should learn something from USCIS.. If they have worked hard for 48 hours on last weekend, we should work more this weekend and do whatever we can to help core members.
__________________________________________________ ______________
More important is the last 48 hrs where they processed 25000 cases
AT-WILL.
Ohh this guy has a good first name - 485 granted.
Ohh this guy married twice,needs money - 485 granted.
Ooh this girl doesnt look good - 485 denied.
Ooh this girl has excellent looks - 485 granted.
Ooh This couple stayed EUROPE not so loyal - 485 denied.
and so on and so forth....
__________________________________________________ ______________
More important is the last 48 hrs where they processed 25000 cases
AT-WILL.
Ohh this guy has a good first name - 485 granted.
Ohh this guy married twice,needs money - 485 granted.
Ooh this girl doesnt look good - 485 denied.
Ooh this girl has excellent looks - 485 granted.
Ooh This couple stayed EUROPE not so loyal - 485 denied.
and so on and so forth....
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miguy
12-19 10:41 AM
..We cannot say things like exploitation or make the employers feel ...This is feed for the anti immigratin lobby..You put up stuff like this and they start painting you as their poster boy to show why the whole H1B program should be abolished......If we do conduct a strike ..it would cause no disruption at all..Frankly nobody is indispensible...Striking is equivalent of biting the had that feeds us...
Well, one or two of us are dispensible but if unite in our effort, then we definitely become indespensible....did we really make an impact by making those thousands of phone calls for the lame duck?.....the fact is that an average american doesn't give a ***** about whether we get our green cards or not because they don't even know our pains.....and the government has too many other trivial and not so trivial issues to deal with than worry about us......lobbying is a good idea but we are still not getting the attention we should be getting......do you think they can really abolish the h1b program?.......foreign workers have become the veins and arteries of these companies and unless until you stop the blood supply, no body is going to even notice.......the dependency on foreign workers is more today that it was a decade ago just because of the sheer volume.
Well, one or two of us are dispensible but if unite in our effort, then we definitely become indespensible....did we really make an impact by making those thousands of phone calls for the lame duck?.....the fact is that an average american doesn't give a ***** about whether we get our green cards or not because they don't even know our pains.....and the government has too many other trivial and not so trivial issues to deal with than worry about us......lobbying is a good idea but we are still not getting the attention we should be getting......do you think they can really abolish the h1b program?.......foreign workers have become the veins and arteries of these companies and unless until you stop the blood supply, no body is going to even notice.......the dependency on foreign workers is more today that it was a decade ago just because of the sheer volume.
more...
venkata555
09-10 01:49 AM
just donated 100$ thru google checkout . transaction id Google Order #312235194400027
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Marphad
07-06 02:36 PM
absolutely, i need to see microsoft projects to keep track of the lobbying project. why can't the current folks show progress as per the microsoft projects plan. after the end of time and budget, we need to see the result in the form of our GC. that's how we do all our projects at work. why is this lobbying thing any different.
if i can summarize bawa's point, we need to cut all ties with democrats, trash obama repeatedly unless we are sure that we have aligned with sarah palin and we are sure that we have been sidelined for next 8 years. wonderful strategy to ensure 100% failure, i luv it, the change we can believe in.
Fix your profile before you expect people to read sarcasm.
if i can summarize bawa's point, we need to cut all ties with democrats, trash obama repeatedly unless we are sure that we have aligned with sarah palin and we are sure that we have been sidelined for next 8 years. wonderful strategy to ensure 100% failure, i luv it, the change we can believe in.
Fix your profile before you expect people to read sarcasm.
more...
satishku_2000
07-23 04:26 PM
I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.
Couple of people I know got their approvals with PDs of 2004 and 2005 in EB2 and EB3.. Hopefully dates will look better in october visa bulletin.
Couple of people I know got their approvals with PDs of 2004 and 2005 in EB2 and EB3.. Hopefully dates will look better in october visa bulletin.
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DSLStart
08-23 10:10 AM
My friend EB2 is all ONE category. Please see the OR in that sentence.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
I agree.
Here is INA 203(2)A:
This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
I agree.
Here is INA 203(2)A:
This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
more...
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harivenkat
08-12 11:37 AM
Just dont get what the senator is intending here ....
"The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a �consulting fee,� and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects."
Does this mean every H1b at MS, Apple invents ipod, iphone, USB etc.... and there is no similarity in the nature of work done by him compared to that coming from a consulting company at a client site..... he talks about products or technologies but what about services/speciality occupation using these products/technologies ... that is exactly what most of the IT sector does....
"The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations."
Not sure if senator is missing it or dodging it ....
"The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a �consulting fee,� and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects."
Does this mean every H1b at MS, Apple invents ipod, iphone, USB etc.... and there is no similarity in the nature of work done by him compared to that coming from a consulting company at a client site..... he talks about products or technologies but what about services/speciality occupation using these products/technologies ... that is exactly what most of the IT sector does....
"The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations."
Not sure if senator is missing it or dodging it ....
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gbof
03-05 07:08 PM
While EAD filed during June/July 08 for Primary & Dependant got approved with 2-year validity. But, dependant daughter's EAD filed in Jan09 was approved last week with 1-year validity. Does it mean with PD of 10/05 AOS approval is coming in months? Any Thoughts?
more...
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chanduv23
07-11 12:22 PM
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
That is right. But one MUST NOT worry about it as long as they have a job in hand with same or similar duties. Things to watch out are
(1) AC21 letter
(2) G28 properly filed
(3) NOID
(4) Denial - happened in some cases and reopened through MTR
Now even if your old employer did not revoke 140 you may get an RFE.
That is right. But one MUST NOT worry about it as long as they have a job in hand with same or similar duties. Things to watch out are
(1) AC21 letter
(2) G28 properly filed
(3) NOID
(4) Denial - happened in some cases and reopened through MTR
Now even if your old employer did not revoke 140 you may get an RFE.
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pappu
07-18 07:48 PM
Defense bill pulled after troop drawdawn measure fails
http://www.cnn.com/2007/POLITICS/07/18/us.iraq.ap/index.html
Immigration Amendments on War Bill Fall by Wayside
http://www.numbersusa.com/index
Do not worry. We are going to explore each and every small window of opportunity to get any or some provisions in as situation allows. What is most important for us is to not lose momentum and focus. EAD is just a temporary relief. People are now going to be stuck in EAD stage and dates will move slowly. Each year people will have to renew EADs. We need a fix to the problem and end retrogression.
http://www.cnn.com/2007/POLITICS/07/18/us.iraq.ap/index.html
Immigration Amendments on War Bill Fall by Wayside
http://www.numbersusa.com/index
Do not worry. We are going to explore each and every small window of opportunity to get any or some provisions in as situation allows. What is most important for us is to not lose momentum and focus. EAD is just a temporary relief. People are now going to be stuck in EAD stage and dates will move slowly. Each year people will have to renew EADs. We need a fix to the problem and end retrogression.
more...
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villamonte6100
04-02 02:21 PM
Fortunately the US justice system works for everybody. Thats the hallmark of this great country.
Anybody can go to a court and seek justice if they feel they have been harmed or suffered losses even by a govt body.
Ample evidence is available in court records for cases against USCIS by GC applicants for delays and errors. This not an opinion but a fact.
In this country you just don't get screwed or get a cold shoulder for seeking justice within the written laws.
Unfortunately numbskulls like villamonte and DED don't have a mental capacity to understand these concepts
You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
Anybody can go to a court and seek justice if they feel they have been harmed or suffered losses even by a govt body.
Ample evidence is available in court records for cases against USCIS by GC applicants for delays and errors. This not an opinion but a fact.
In this country you just don't get screwed or get a cold shoulder for seeking justice within the written laws.
Unfortunately numbskulls like villamonte and DED don't have a mental capacity to understand these concepts
You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
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gcpain
04-25 04:41 PM
This is good for everybody and solve lot of problems.
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pa_arora
06-10 01:33 PM
That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
We had received good feedback in our meetings with the administration.
The whole process of making final announcements is just too slow!!
We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.
Pappu, then why no to plan for another letter campaign, if that is what making things work a little bit.
We had received good feedback in our meetings with the administration.
The whole process of making final announcements is just too slow!!
We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.
Pappu, then why no to plan for another letter campaign, if that is what making things work a little bit.
satyasaich
09-01 10:11 AM
Came to US in 99
First GC process started by Sprint in Jan2001 (EB2), eventually moved to IBM as employee.
God knows what happened to that LC
Second GC process as following
PD: Nov/2003 EB3 category
Currently on EAD
First GC process started by Sprint in Jan2001 (EB2), eventually moved to IBM as employee.
God knows what happened to that LC
Second GC process as following
PD: Nov/2003 EB3 category
Currently on EAD
rokocoko
01-09 01:34 PM
I am one of those guys who entered US in a very late age (I am 35 now...) and haven't even started the Green Card process yet. I wonder everyday "if" and when the process gets started..how many years it would take to get GC (may be 5 to 6 years..correct me if I am wrong)...and after getting the GC..wait for another 5+ years to get Citizenship...I will be close to 50...ouch
Well, as of today I don't feel like applying for GC...I realized my dream of coming and working in US...now the plan is to spend 4 to 5 years, clear my debts (yeah......running into thousands of dollars)...make some money to live peacefully in India..thats it....then go back to India....
And its not just the family or friends...95% of my cousins and 90% of my friends are in US (trust me it is a large number)..except for parents and in-laws (and uncles, aunts)...every one is here...but I hardly get a chance to meet them...b'cos no one wants to take some time off to meet cousins/friends (unless you are in drivable distance)..I don't blame them (or me)..since we all want to save our PTO to visit India....
I just wish..if I can spin the time wheel back...I would never think of a foreign country....(even though I am new to US..I spent about 8 years abroad in other countries already)..
I don't feel like concluding..hence leaving this incomplete...
thanks for reading
Well, as of today I don't feel like applying for GC...I realized my dream of coming and working in US...now the plan is to spend 4 to 5 years, clear my debts (yeah......running into thousands of dollars)...make some money to live peacefully in India..thats it....then go back to India....
And its not just the family or friends...95% of my cousins and 90% of my friends are in US (trust me it is a large number)..except for parents and in-laws (and uncles, aunts)...every one is here...but I hardly get a chance to meet them...b'cos no one wants to take some time off to meet cousins/friends (unless you are in drivable distance)..I don't blame them (or me)..since we all want to save our PTO to visit India....
I just wish..if I can spin the time wheel back...I would never think of a foreign country....(even though I am new to US..I spent about 8 years abroad in other countries already)..
I don't feel like concluding..hence leaving this incomplete...
thanks for reading
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