Monday, June 20, 2011

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  • gconmymind
    03-18 01:16 PM
    Guys,

    The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.

    So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.

    Thanks
    Can you show us the source of your information? It is very clearly written on the IRS website that if Married and filing jointly, both need to have SSN. If one spouse has ITIN, you will not get ANY rebate.




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  • satishku_2000
    07-05 05:10 PM
    CALL your state senators. State senators are interested in listening from people who reside in their respective states, Cause they technically represent them. So they want to hear what affects their constituents.
    Call your state senators first, then call your house reps, (remember logfren is a house rep) and then the others.


    I did that already ...:)




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  • vkannan
    03-01 01:39 PM
    people,

    i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?

    --shark

    So, did anyone else hear anything similar? i am VERY excited about this... but dont know anything about what to make of it... maybe he was just saying it because my face looked tense?????? ha ha ha... no seriously, i dont know what to make of him and his information...

    Chi_shark
    One of my co-worker had a info-pass this friday and the IO told him similar comments to the one which you heard....not sure what to infer out of these comments......




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  • trd
    07-20 10:04 AM
    BTW how did Obama vote?????

    He did not voted



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  • susie
    07-15 11:32 AM
    2 0f 2



    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.

    Education

    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.

    Jack

    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.




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  • samy
    03-13 12:10 PM
    No LUDs. I had not checked my case status in the last 4 months and then I just received this email.

    These kind of guys are joking. I saw many such posts before. They post and then wont answer subsequent questions. Just make fool of people.

    EB3 _india is dead meat. It will take 5 years even for Jan 2002 PD. Forget about GC and enjoy your life. It just is not worth talking about it.



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  • qplearn
    12-18 05:41 PM
    Apparently, we were pretty pretty close to getting retrogression eradicated in the lame duck session, according to an IV core member.
    Of course, we all know that Cornyn came very close to getting his bill attached to one of the passable bills; it was only one senator who spoiled our party ... we all know who ...

    Point is will we come that close again? As you know unlike the LD, the bill needs to pass the house and senate again ....




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  • nomorelogins
    10-01 11:55 AM
    Is there any reason why they find it difficult to process the available visa# for EB categories, but are able to process much more and then some for FB?
    Is it because EB processing is more difficult?
    Atleast they would not be able to use the "not enough funds" trump card for the next few years, with all the jul/aug filing.



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  • chisinau
    07-23 03:06 AM
    You are welcome!
    I am not sure about DS230, my attorney did it around 27 - 29 of June.




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  • Marphad
    07-06 11:37 AM
    Can you please let us know what gives you the right to call for a change the leadership?

    Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.

    Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!

    I am surprised to see that IV has 450K asset! Where did that number come from?



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  • psaxena
    03-03 01:42 PM
    The first bulletin with Eb1 and Eb2 spill over.
    Last year:
    Mar 2008- India Eb2 U
    Apr 2008- India-Eb2 01 Dec 03

    This year may be:
    Mar 2009- India Eb2 15 Feb 04
    Apr 2009- India Eb2 28 Feb 05 (My PD :))

    What about EB3, any predictions????:)




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  • gg10004
    03-17 10:08 PM
    IRS faq clearly states that everyone on the tax return should have ssn. Even if one has ITIN no one will get the extra refund. Please read IRS faqs
    http://www.irs.gov/newsroom/article/0,,id=179181,00.html

    I myself am filing for extension to get ssn for my wife, i have her EAD but she is in India, so have to wait for her to come back and file for ssn.

    Q. I file using an individual taxpayer identification number (ITIN). Can I still get a stimulus payment?

    A: No. The law does not allow stimulus payments to people who file a return using an ITIN. A taxpayer must have a valid Social Security Number to qualify for the stimulus payment. If married filing jointly, both taxpayers must have a valid Social Security Number. And children must have valid Social Security Numbers to be eligible as qualifying children.

    Q. I have an ITIN, but my spouse has a valid Social Security number. Can we get a payment?

    A. If you and your spouse file a joint return, you will not get a stimulus payment. If your spouse files a separate return, your spouse may qualify for a payment, based on his or her income deductions and credits.

    Q. If I have a valid Social Security Number and my child has an ITIN, do I get extra money for the child?

    A. No. To qualify for the extra credit for qualifying children, not only do the taxpayer and spouse, if filing jointly, need valid Social Security Numbers, but the qualifying child must also have a valid Social Security Number.



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  • pappu
    11-19 08:06 PM
    I see that most of the people who initially responded to my first post about the southern california state chapters have some recent activity i.e. they have visited this website in the last 2 days after my last posting requesting you to e-mail me about your availability for a conference call today. Not one of you has responded to my request to e-mail me.

    I just want to make you all aware that IV core members can do a limited amount of work. They are definitely not superhumans although we expect them to be as such. If we fail in our efforts to secure any retrogression relief we will have only ourselves to blame in such a situation. Besides this is a very ripe time to be active and talk to politicians here in Southern California region. I would like to reschedule the conference call for the coming week/weekend depending on your availability.

    In the end our best intentions and best wishes are not going to get us the immigration relief we want. We also cannot blame IV core team if we do not start working and lending them a hand. The choice is clearly ours. I hope that all of us will be more forthcoming and open to spending some time on IV work in the future.

    Regards

    Amit
    Thanks Jimi for the note and being proactive. It is sad that nobody responded to your call despite sevaral members in this thread that signed up. If we dont take active interest and do nothing, we can only blame ourselves iif nothing happens in DC soon enough. IV is not IV core but each and every member of IV and efforts are needed from each member in order to succeed. Jimi, pls send PMs to all members on the thread requesting them to get in touch with you so that you can organize state chapter activites.




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  • gc_dedo
    08-11 04:31 PM
    This message is on Ron Gotcher forum

    I continue to hear reports from sources I consider credible that the CIS is putting on a major push to clean up the I-140 backlogs. If this is true, look for a lot of I--140 approvals soon and a return to premium processing shortly thereafter.


    Link (http://immigration-information.com/forums/showpost.php?p=21675)



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  • yibornindia
    12-03 07:09 PM
    Gurus,

    I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.

    1. Will this immediately cancel my EAD? if so, I may have to resign.
    2. If I continue working while filling for MTR, will it be illegal?
    3. How much it costs to go thru' MTR process? How long it takes?

    I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?

    addsf345, did you get the answers? if yes, please share. Thanks much.:)




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  • amits
    07-20 07:01 AM
    We're lucky that IV leadership is so devoted to 'our' cause. There would be very few individuals in this world, who can even think of selling their house for benefit of a group. Hats off to Aman!!! You're a hero, sir!!!

    Now here is our leader selling his personal house for a collective good, and here we are.... a group of 21000 and not more than 2000 (optimistic figure) are contributors... A big shame!!

    Those who got benefited by selfless efforts of Aman, and core team, but still did not contribute ... do you have any explanation for 'yourself'?

    It's not about $10, 20, 50, 100 .... A person is ready to sell his house for your cause and you can't even make a small contribution in your own cause.

    Those who are not contributing, and some who still have doubts, just read numerous media reports of praise of IV and how IV was instrumental in the outcome of July 2nd visa mess. And then..

    Just stand up in front of a mirror and ask yourself - is your inaction justified? Is it your pocket that does not allow you to contribute or it's just moral poverty that doesn't let you do it? Is it justified to just 'wait and watch' how others fight for you, and when it comes to reaping the fruits.. you'll run to be first in line.

    Is it not the time that you come out, listen to your antar-atma (inner soul) and contribute something for your own fight....?

    _______________________________________________
    Contributed $550, includes $50 recurring from july 2007.
    Pledged $100 for reimbursing money to Aman and Core Team.



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  • psaxena
    06-11 04:30 PM
    I donate the way that the left hand doesn't even come to know what right hand donated..

    So for you to know that.. naah not happening...

    ........And you have not contributed a dime yet to IV?




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  • JunRN
    10-03 11:50 PM
    Yes, I am from Philippines.

    Just read Matthew OH's website confirming with a ? the 800,000 figure. If the 800,000 figure is true, then be prepared to renew our EAD more than 2 twice.

    I still have reservations until official figure from USCIS comes out.




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  • fundo14
    07-15 03:47 PM
    Sent $10 by online check from Citibank

    Reference Number: 10186




    eb2_immigrant
    03-05 03:39 PM
    We had soft LUD on our cases as well, for both my wife and me. Hope it will be all good. My Atty mailed the application on 6/31 and it was receipted on 09/07/07.

    Where us your application at ? TSC or NSC?




    Beta_mle
    06-10 07:46 AM
    This is not a free market for labour. This is no kind of freedom, let's call it what it is, it is indentured servitude.



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