nixstor
09-28 11:24 AM
pmpforgc,
Schedule A category is a one time cap of 50K visas for nurses and PT's. Unless you are a nurse or PT (for that matter even if you are a speech/occupational therapist) you will not be eligible for Concurrent Processing. When Schedule A retrogress, all nurses and PT's will be thrown into EB3 pool as per their position descriptions.
Are you/ your spouse nurse or a PT?
EB2 no matter whether you are exceptionally qualified or what ever, you will not able to file for 485 if you are retrogressed.
Have you recieved your receipt numbers? If not ask your lawyer whether he/she has recieved them? If you have filed and your application has a receipt number, you have a visa number set aside for you as of my knowledge. Premium processing is available only for 140 and not for 485 and it is not available for Schedule A category
Schedule A category is a one time cap of 50K visas for nurses and PT's. Unless you are a nurse or PT (for that matter even if you are a speech/occupational therapist) you will not be eligible for Concurrent Processing. When Schedule A retrogress, all nurses and PT's will be thrown into EB3 pool as per their position descriptions.
Are you/ your spouse nurse or a PT?
EB2 no matter whether you are exceptionally qualified or what ever, you will not able to file for 485 if you are retrogressed.
Have you recieved your receipt numbers? If not ask your lawyer whether he/she has recieved them? If you have filed and your application has a receipt number, you have a visa number set aside for you as of my knowledge. Premium processing is available only for 140 and not for 485 and it is not available for Schedule A category
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whitecollarslave
10-10 09:36 AM
Is it justified that so many years are being wasted?
Is this not abuse of human rights?
Is this not let down of expectations set by USCICS to its customers?
Is there no legal recourse possible? Is there any precedent to this? Is it possible to rally funds to start a class action lawsuit against USCIS?
How is this a human rights issue? Nobody is forcing you (or me) to "waste" years.
Class action lawsuit - on what basis? I would like to be convinced otherwise, but USCIS is not doing anything against the laws.
Is this not abuse of human rights?
Is this not let down of expectations set by USCICS to its customers?
Is there no legal recourse possible? Is there any precedent to this? Is it possible to rally funds to start a class action lawsuit against USCIS?
How is this a human rights issue? Nobody is forcing you (or me) to "waste" years.
Class action lawsuit - on what basis? I would like to be convinced otherwise, but USCIS is not doing anything against the laws.
desi3933
05-12 10:44 AM
I didn't want to get to the specifics. But since you mentioned it let me explain.
1. H1B guys once left US and live in India (or their home country), are NOT required to file US taxes (after the current tax year). But US citizens are required to file US taxes wherever they live permanently.
I infact wanted to stress the words "wherever he live" in my last post (maybe I was not clear).
2. Tax Credits don't give you enough benefits. Especially if you are moving to a country of lesser tax. To make it simple, lets say one rich guy moves to Bermuda for good, but keeps his US citizenship. He pays 0 tax on his income & capital gains in Bermuda (tax haven), but ends up paying most of US taxes (even after filing as a NON resident). Now on the other hand if he threw his US citizenship away before moving to Bermuda. He pays no taxes in US and in Bermuda for his income and capital gains.
So lets not generalize. For most of us it doesn't matter, since we plan to stay in US permanently. But if one genuinely plan to stay outside of US forever, you might want to look into things like this.
Again tax is just one of many items. I don't want to write an essay. if you have some specific questions on this topic PM me and I will point you to right direction.
Perhaps you did not notice that I mentioned most H1-B visa status holders in my post. Since number of H-1B visa holders that go back for good are small, therefore I mentioned most. I think that should explain that.
This is what I wrote in my post
This is true for all green card holders and most H-1B visa status holders as well. As long as one is resident US person for tax purposes, he/she has to report worldwide income.
Also, you, conveniently, left out that green card holder HAS to pay income tax on worldwide income no matter where he/she lives or work. This was main my point that for tax purposes there is no difference between green card holder and us citizen.
Let me repeat one more time, so that you can understand. There is no difference for tax liability between green card holder and US citizen. By not taking citizenship, green card holder is not going to save on taxes as long as he/she is green card holder.
Without giving you details, there are many legal ways to reduce taxes. BTW, I do have finance (and comp. science) background.
______________________
Not a legal advice.
US citizen of Indian origin
.
1. H1B guys once left US and live in India (or their home country), are NOT required to file US taxes (after the current tax year). But US citizens are required to file US taxes wherever they live permanently.
I infact wanted to stress the words "wherever he live" in my last post (maybe I was not clear).
2. Tax Credits don't give you enough benefits. Especially if you are moving to a country of lesser tax. To make it simple, lets say one rich guy moves to Bermuda for good, but keeps his US citizenship. He pays 0 tax on his income & capital gains in Bermuda (tax haven), but ends up paying most of US taxes (even after filing as a NON resident). Now on the other hand if he threw his US citizenship away before moving to Bermuda. He pays no taxes in US and in Bermuda for his income and capital gains.
So lets not generalize. For most of us it doesn't matter, since we plan to stay in US permanently. But if one genuinely plan to stay outside of US forever, you might want to look into things like this.
Again tax is just one of many items. I don't want to write an essay. if you have some specific questions on this topic PM me and I will point you to right direction.
Perhaps you did not notice that I mentioned most H1-B visa status holders in my post. Since number of H-1B visa holders that go back for good are small, therefore I mentioned most. I think that should explain that.
This is what I wrote in my post
This is true for all green card holders and most H-1B visa status holders as well. As long as one is resident US person for tax purposes, he/she has to report worldwide income.
Also, you, conveniently, left out that green card holder HAS to pay income tax on worldwide income no matter where he/she lives or work. This was main my point that for tax purposes there is no difference between green card holder and us citizen.
Let me repeat one more time, so that you can understand. There is no difference for tax liability between green card holder and US citizen. By not taking citizenship, green card holder is not going to save on taxes as long as he/she is green card holder.
Without giving you details, there are many legal ways to reduce taxes. BTW, I do have finance (and comp. science) background.
______________________
Not a legal advice.
US citizen of Indian origin
.
2011 Naruto Shippuden Pain
posmd
05-12 05:26 PM
But will it work?
It is good news that finally Pres. Bush is putting his weight behind this thing, it is a pity his popularity rating is this low right now.
Lets all hope for a couple of good developments in Iraq over the next few weeks and for gas prices to cool down. Clearly this thing is not going to come off without his strong backing and bully pulpit.
He appears confident, This was a centerpiece of his 2nd term agenda and recently saying in mexico that one should not underestimate his ability to push legislation through congress and now resurrecting this almost dead issue, and making this his first live televised address on a domestic issue. He seems heavily behind this. This makes me cautiously optimistic.
How this will all affect us, if it passes is another story. I do worry about the huge volume of cases overwhelming the system and us all waiting many many years.
It is good news that finally Pres. Bush is putting his weight behind this thing, it is a pity his popularity rating is this low right now.
Lets all hope for a couple of good developments in Iraq over the next few weeks and for gas prices to cool down. Clearly this thing is not going to come off without his strong backing and bully pulpit.
He appears confident, This was a centerpiece of his 2nd term agenda and recently saying in mexico that one should not underestimate his ability to push legislation through congress and now resurrecting this almost dead issue, and making this his first live televised address on a domestic issue. He seems heavily behind this. This makes me cautiously optimistic.
How this will all affect us, if it passes is another story. I do worry about the huge volume of cases overwhelming the system and us all waiting many many years.
more...
getrdone
11-06 04:30 PM
it safeguards the PD regardless of 485.
Keeping PD keeps the hope and keeps ppl in IV.
Keeping PD keeps the hope and keeps ppl in IV.
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desi3933
04-02 07:53 AM
Hi,
.......
Now i am even not sure if they applied for Labor. I need to get some proof from them. For what document can i ask them for this? What should i do in this situation?
It is employer's choice and decision whether to file labor or not. Employee does not have any say or input on this.
Having said that if employer claims that labor was filed for you as beneficiary, you can request for case#. It is upto the employer if they want to share case# with the employee or not.
As a practical matter, employer should be willing such information with employee. Again, thats on the moral/ethical ground, not on legal ground.
__________________
Not a legal advice.
.......
Now i am even not sure if they applied for Labor. I need to get some proof from them. For what document can i ask them for this? What should i do in this situation?
It is employer's choice and decision whether to file labor or not. Employee does not have any say or input on this.
Having said that if employer claims that labor was filed for you as beneficiary, you can request for case#. It is upto the employer if they want to share case# with the employee or not.
As a practical matter, employer should be willing such information with employee. Again, thats on the moral/ethical ground, not on legal ground.
__________________
Not a legal advice.
more...
cr52401
10-21 06:41 PM
Most likely the second perm will be denied automatically. However this will not affect your already approved perm & I140.
I tried to do the same thing, but it was denied the same day. According to the regulation - this would be allowed - but the perm software is not working this way. The lawyers should know about this - I guess - mine did not know.
However - it looks like the perm software will be changed - so it will not deny automatically, at least this was on Matthew Oh's web site:
from http://www.immigration-law.com/
09/23/2006: DOL Policy on Multiple PERM Applications by Same Employer for Same Employee
The current policy is that when the same employer files a second PERM application for the same employee when there is a prior PERM application filed by the same employer for the same employee which is still pending or approved, National Processing Centers automatically deny the second PERM application. DOl intends to change this practice, but until such change is materialized, the DOL will continue its current policy not allowing more than one PERM application certifications for the same employer and same employee in the following manner:
If the employer has already obtained certification of one PERM application and filed a second PERM application, the National Processing Center will continuously deny the second application. Once the second PERM application is denied such, the employer can file a motion to reconsider the denial, but such motion will not be considered unless the employer first files the requiest to withdraw the first certified PERM application and surrender the "original" certified PERM application form, ETA 9089. If the employer has already filed I-140 petition based on the first certified PERM application, since the employer no longer possesses the "original" certified ETA 9089, the withdrawal of the first certified application may be undertaken in order to save the second PERM application vis a motion to reconsider by submitting proof of the employer's withdrawal of pending or approved I-140 petition. Otherwise, the second PERM application will be denied.
If the employer has already obtained certification of one PERM application,but wants to file a second PERM application, the employer is required to withdraw the certified first application and surrender the original certified ETA 9089 before the employer can file the second PERM application. Otherwise, the second PERM application will be denied.
If the employer has filed a PERM application which is still pending, and if the employer wants to file a second PERM application, the employer must file a request for withdrawal before filing a second PERM application. Otherwise, the second application will be denied.
The foregoing policy has no effect on the certified PERM applications whatsoever as the certified labor certification application can not be invalidated unless there was a fraud. The foregoing policy is related to the second PERM application which has yet to be filed or certified. Accordingly, the first application which is either pending or certified will not be affected even if a second application is filed and denied.
The DOL is currently working on changes in the software logic to launch as early as October 2006 which will change the current practice and policy. Under the new system, the machine will not automatically deny the second application. Once the machine detects the multiple filings by the same employer for the same employer, the analysts will review the two applications comparing the two cases, and if necessary, will launch an audit to learn the reasons for second filing. Consequently, the employer will no longer see automatic denial of second application by the decision matrix once the new system is in place.
Thank you for your help. I know it said October 2006. Do you think it is wise to go ahead and do advertisement and then wait to file?
The ad could take to 60 days.
Thanks.
I tried to do the same thing, but it was denied the same day. According to the regulation - this would be allowed - but the perm software is not working this way. The lawyers should know about this - I guess - mine did not know.
However - it looks like the perm software will be changed - so it will not deny automatically, at least this was on Matthew Oh's web site:
from http://www.immigration-law.com/
09/23/2006: DOL Policy on Multiple PERM Applications by Same Employer for Same Employee
The current policy is that when the same employer files a second PERM application for the same employee when there is a prior PERM application filed by the same employer for the same employee which is still pending or approved, National Processing Centers automatically deny the second PERM application. DOl intends to change this practice, but until such change is materialized, the DOL will continue its current policy not allowing more than one PERM application certifications for the same employer and same employee in the following manner:
If the employer has already obtained certification of one PERM application and filed a second PERM application, the National Processing Center will continuously deny the second application. Once the second PERM application is denied such, the employer can file a motion to reconsider the denial, but such motion will not be considered unless the employer first files the requiest to withdraw the first certified PERM application and surrender the "original" certified PERM application form, ETA 9089. If the employer has already filed I-140 petition based on the first certified PERM application, since the employer no longer possesses the "original" certified ETA 9089, the withdrawal of the first certified application may be undertaken in order to save the second PERM application vis a motion to reconsider by submitting proof of the employer's withdrawal of pending or approved I-140 petition. Otherwise, the second PERM application will be denied.
If the employer has already obtained certification of one PERM application,but wants to file a second PERM application, the employer is required to withdraw the certified first application and surrender the original certified ETA 9089 before the employer can file the second PERM application. Otherwise, the second PERM application will be denied.
If the employer has filed a PERM application which is still pending, and if the employer wants to file a second PERM application, the employer must file a request for withdrawal before filing a second PERM application. Otherwise, the second application will be denied.
The foregoing policy has no effect on the certified PERM applications whatsoever as the certified labor certification application can not be invalidated unless there was a fraud. The foregoing policy is related to the second PERM application which has yet to be filed or certified. Accordingly, the first application which is either pending or certified will not be affected even if a second application is filed and denied.
The DOL is currently working on changes in the software logic to launch as early as October 2006 which will change the current practice and policy. Under the new system, the machine will not automatically deny the second application. Once the machine detects the multiple filings by the same employer for the same employer, the analysts will review the two applications comparing the two cases, and if necessary, will launch an audit to learn the reasons for second filing. Consequently, the employer will no longer see automatic denial of second application by the decision matrix once the new system is in place.
Thank you for your help. I know it said October 2006. Do you think it is wise to go ahead and do advertisement and then wait to file?
The ad could take to 60 days.
Thanks.
2010 pain-is-inevitable.jpg
ruwanb
08-26 01:37 PM
this was discussed in another thread.
the applicants should be interviewed too!
could you please refer me to that thread? I could not find it.
the applicants should be interviewed too!
could you please refer me to that thread? I could not find it.
more...
here4gc
06-25 12:59 AM
I agree..but legislation is long term away...this govt has its hands and feet tied...so no hope until next jan/feb anyway...the least we can do is try and create noise..
On Legislation, look at how they twisted and turned the 180 day pending rule for FBI backlogged application in their favor by coming up with processing times..extended till next year June..basically they said...great ..new legislation..we will implement it next june if any of u guys are around to check...
I know ombudsman and all that is a farce...but atleast if 1000 people ask the same question someone will do something...currently everybody filed in July 2007 and Aug 2007 are totally backlogged...it used to take about 2-3 months to process an I140 - even if they received double the applications it shud not take so long...plus TSC has implemented this pilot plus program which binds both the 140 and 485 together..so no 140 gets processed at all...heck what legislation can u come up with stupid methodologies like that ?? - the best thing wud be for AILA or someone else to stand up and say..enuf is enuff...we want audits on USCIS processing and they shud be subject to individual performance reviews and be questionable and answerable on each and every case...lets push for accountability...more than anything else..
On Legislation, look at how they twisted and turned the 180 day pending rule for FBI backlogged application in their favor by coming up with processing times..extended till next year June..basically they said...great ..new legislation..we will implement it next june if any of u guys are around to check...
I know ombudsman and all that is a farce...but atleast if 1000 people ask the same question someone will do something...currently everybody filed in July 2007 and Aug 2007 are totally backlogged...it used to take about 2-3 months to process an I140 - even if they received double the applications it shud not take so long...plus TSC has implemented this pilot plus program which binds both the 140 and 485 together..so no 140 gets processed at all...heck what legislation can u come up with stupid methodologies like that ?? - the best thing wud be for AILA or someone else to stand up and say..enuf is enuff...we want audits on USCIS processing and they shud be subject to individual performance reviews and be questionable and answerable on each and every case...lets push for accountability...more than anything else..
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Macaca
11-09 04:22 PM
I will go through these during this weekend. Now would you please post any more links for Vivek's otehr related reports as well. I am trying to google but if you have that already then please post here.
It appears that Vivek is saying that his other reports are G A R B A G E. Ignore them. Vivek reponded at this blog. Read the blog. most blogs are much more useful then the article.
Some other IV members blogged at this article site. Please read the reports.
The first report is a testimony to Congress. I was not aware of it. They are doing it very very swiftly!
It appears that Vivek is saying that his other reports are G A R B A G E. Ignore them. Vivek reponded at this blog. Read the blog. most blogs are much more useful then the article.
Some other IV members blogged at this article site. Please read the reports.
The first report is a testimony to Congress. I was not aware of it. They are doing it very very swiftly!
more...
gk_2000
05-02 02:21 PM
Why not? After all, we gathered here for our GC.
Your PD is current, now you can talk like that. Visa bulletin is not important for you anymore.
Jet
If everyone JUST speaks about immigration here, then everything would be sooooo fine (also boring). But no, we talk all kinds of rubbish here, fortunately or unfortunately.
The thread is titled "Great News!! Bin Laden is DEAD !" for a reason. If you want to discuss your PD you may try the calculations thread. Hope that helps.
As for Jet, I will desist from responding, because I want to avoid the eventual incivility
Your PD is current, now you can talk like that. Visa bulletin is not important for you anymore.
Jet
If everyone JUST speaks about immigration here, then everything would be sooooo fine (also boring). But no, we talk all kinds of rubbish here, fortunately or unfortunately.
The thread is titled "Great News!! Bin Laden is DEAD !" for a reason. If you want to discuss your PD you may try the calculations thread. Hope that helps.
As for Jet, I will desist from responding, because I want to avoid the eventual incivility
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Naruto
10-12 09:09 PM
arnet
Do you mind me asking when did this happen to you ?
I did make a photo copy of the EAD. I did schedule an appointment with info pass on Monday. I'll see how it goes. I'm hoping I do not have to wait anther 6 months. I'm worried with all this fiasco it will take long to correct the mistake.
Thank you all for your answers.
-Naruto
There was a mistake in my EAD card once and called USCIS & my lawyer and both said I have to send the original EAD card with new filled & signed EAD application (I-765) and all supporting documents (EAD application I-765 & supporting documents mentioned in I-765).
I took photo copy of my original EAD (that has error) before sending it so that I will have proof of their mistake and also wrote cover letter about the mistake USCIS done (I even kept a photocopy of my EAD card and circled the error and asked them to correct it so that it will be easier for them to find the error).
I sent it to USCIS i.e. the entire package and they verified all my details and realized it is their mistake so they sent me the new card with proper details. Since it is their mistake they didnt charge me. If it is your mistake then they will ask you to pay for the EAD i.e. EAD processing fee (if you made mistake like any typo you or your lawyer did in your EAD application you have to pay).
so dont worry but you will have to wait for atleast 10-15 days to get it corrected. so call them and your attroney and get the details and send it to USCIS soon. but it is important to take your EAD photocopy before you send it and keep it in your records. also follow up and send it overnight through fedex/ups/courier for safer/quicker delivery of your packag and you can track too. good luck.
Do you mind me asking when did this happen to you ?
I did make a photo copy of the EAD. I did schedule an appointment with info pass on Monday. I'll see how it goes. I'm hoping I do not have to wait anther 6 months. I'm worried with all this fiasco it will take long to correct the mistake.
Thank you all for your answers.
-Naruto
There was a mistake in my EAD card once and called USCIS & my lawyer and both said I have to send the original EAD card with new filled & signed EAD application (I-765) and all supporting documents (EAD application I-765 & supporting documents mentioned in I-765).
I took photo copy of my original EAD (that has error) before sending it so that I will have proof of their mistake and also wrote cover letter about the mistake USCIS done (I even kept a photocopy of my EAD card and circled the error and asked them to correct it so that it will be easier for them to find the error).
I sent it to USCIS i.e. the entire package and they verified all my details and realized it is their mistake so they sent me the new card with proper details. Since it is their mistake they didnt charge me. If it is your mistake then they will ask you to pay for the EAD i.e. EAD processing fee (if you made mistake like any typo you or your lawyer did in your EAD application you have to pay).
so dont worry but you will have to wait for atleast 10-15 days to get it corrected. so call them and your attroney and get the details and send it to USCIS soon. but it is important to take your EAD photocopy before you send it and keep it in your records. also follow up and send it overnight through fedex/ups/courier for safer/quicker delivery of your packag and you can track too. good luck.
more...
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saimrathi
07-06 02:51 PM
Someone asked me if there was any long term effect on 485 application if it were rejected due to july vb fiasco... other than non-availability of Visa numbers... I mean if its rejected once (and due to the July VB fiasco) does it get undermined in any way?
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GCeffect
11-12 08:59 PM
Guess what happened, now? I just lost my current job yesterday. (I'm EB3-ROW and my PD is may 2006, I-140 approved last year and i485 is pending more than 15 months). I'm just in a fix now. My wife is working on her EAD she she is pregnant and have to stop working soon. I also have my EAD but renewed my H1b last month as my i-485 is pending.
AS i lost my job now....what is my status? I'm scared guys. within how many days do i have to find a job? Is there any time limit or i can take as long as i want. My employer told me that is id going to continue my application. Does he have any control about my application? What's the worst he can do now? What should i do now?
PLease send me some advice people.........also i'm ready to move anywhere for my job now. anybody have anything in their contact.....i really appreciate that help...
Thanks ahead....
AS i lost my job now....what is my status? I'm scared guys. within how many days do i have to find a job? Is there any time limit or i can take as long as i want. My employer told me that is id going to continue my application. Does he have any control about my application? What's the worst he can do now? What should i do now?
PLease send me some advice people.........also i'm ready to move anywhere for my job now. anybody have anything in their contact.....i really appreciate that help...
Thanks ahead....
more...
pictures Naruto Shippuden – 168
visajet
02-20 03:52 PM
Arian, I am in the same boat. The entire firm is moving to 4 day (32 hr) week for a short period in order to save capital. My lawyers say that no change in H1b status is required, as long as my salary for 32 hrs/week is stull above the prevailing wage mentioned in the LCA.
I am still a little confused about this information - please keep us updated on how your situation works out.
I am still a little confused about this information - please keep us updated on how your situation works out.
dresses Naruto is just so methodical,
vdlrao
01-30 11:41 AM
I posted this a few weeks back that South Korea is getting a big EB2 quota (most of them current) over 7% limit, way more than China.
Country EB1 EB2 EB3
India 5,327 14,819 3,576
China 5,605 6,965 1,985
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
All 36,593 70,138 42,848
I have seen many South Korean GC approvals in last 4 months in EB2 Category.
Are we doing something for South Korea to be officially retrogressed for EB2 ?
sachug22, Good information. Thanks for letting us know. And is this information is for 2008. Because thats when EB2 started getting the spill over.
And it seems thats why the EB2 got more approvals over all.
Country EB1 EB2 EB3
India 5,327 14,819 3,576
China 5,605 6,965 1,985
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
All 36,593 70,138 42,848
I have seen many South Korean GC approvals in last 4 months in EB2 Category.
Are we doing something for South Korea to be officially retrogressed for EB2 ?
sachug22, Good information. Thanks for letting us know. And is this information is for 2008. Because thats when EB2 started getting the spill over.
And it seems thats why the EB2 got more approvals over all.
more...
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jindhal
09-08 12:09 PM
This is an immigration forum. Please stick to immigration questions. There are other more resourceful websites out there for your problem.
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nepaliboy
12-25 02:57 PM
I am wondering what kind of document do i need to re-new Ead and ap ?
Do the employer need to write refrance latter or not?
Do the employer need to write refrance latter or not?
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senthil
02-09 11:25 PM
IV team. terrific effort n acheivement. congrats. more to get done :)
bikram_das_in
06-17 09:53 AM
CIR's fate in 2011 depends on 2010 elections. If Democrats get a beating in 2010 elections, CIR will be dead for ever.
howzatt
11-07 10:43 AM
ND 10/01/07
Receipt Date 08/13/07
No EAD yet.
I am not sure if this is relevant. We have our biometrics(Code 3)appointment on Nov 21st. Does this have anything to do with the EAD? We sent photos with our original application.
Receipt Date 08/13/07
No EAD yet.
I am not sure if this is relevant. We have our biometrics(Code 3)appointment on Nov 21st. Does this have anything to do with the EAD? We sent photos with our original application.
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