GCNaseeb
08-02 07:34 PM
Thanks for your valuable suggestions UN.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
wallpaper Both parents of a dog must
GotGC??
08-07 03:20 PM
UN,
Glad to see you back in the forums!
Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?
If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?
Once 485 is filed you can leave and re-enter the country if you have H or L visa.
You don't need to wait for the actual receipt.
Problem occurs if you leave before august 17th; thinking that lawyer has sent the case when he really hasn't and you were out when ucis receives the package. Eventually; uscis would figure it out and could deny the case becuase of this.
Also, not wise to leave before august 17th; because if the package gets returned for whatever reason then you need to be here to send it in again and you would have to update with new passport pages with stamps and i-94 card and date of last entry, etc.
I understand that people have to go out on business but they are unnecessary complications that people are doing.
Glad to see you back in the forums!
Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?
If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?
Once 485 is filed you can leave and re-enter the country if you have H or L visa.
You don't need to wait for the actual receipt.
Problem occurs if you leave before august 17th; thinking that lawyer has sent the case when he really hasn't and you were out when ucis receives the package. Eventually; uscis would figure it out and could deny the case becuase of this.
Also, not wise to leave before august 17th; because if the package gets returned for whatever reason then you need to be here to send it in again and you would have to update with new passport pages with stamps and i-94 card and date of last entry, etc.
I understand that people have to go out on business but they are unnecessary complications that people are doing.
texcan
08-05 01:43 PM
Agree with you...
Also let me share a story ....
Once upon a time, two ferries were taking passengers to an Island called Green Land. First ferry was calle EB2 and the other ferry was Eb3. Both these ferries were jam packed with little or no room. But EB2 was in slightly better position with few spaces to spare.
These ferries were navigating at legendary slow speed because the crew and the drivers (read USCIS) were very slow. Also the fuel (read visa numbers) was not enough so now and then it needed to get some assitance from the base (read lawmakers).
The base has put out an option to move from one ferry to another. So the people in Eb3 ferry decided to swim to EB2. One who could not start cursing their fate and the ones in EB2 boat start screaming to prevent that happening.
Soon the passengers forgot that the reason why the ferries are running slow and start blaming each other.
An old man on the shore sighed and said to himself, wouldn't it be nice if these people had concentratred their effort on the right place.
Sunnysurya,
Thanks for giving me ear, and thought to my points.
Indians(myself included) were ruled by British for years, i never believed history that people can fight so much with each other that they forget to work together; now i know better.
We got to get togther and work with each other (add efforts), but sometimes we are working together but ironically against each other and net result is wasted effort.
Lets not waste energy by stopping people from actions even if we may not like their tools or techniques. Lets work more and get something done.
Thanks SunnySurya.
Also let me share a story ....
Once upon a time, two ferries were taking passengers to an Island called Green Land. First ferry was calle EB2 and the other ferry was Eb3. Both these ferries were jam packed with little or no room. But EB2 was in slightly better position with few spaces to spare.
These ferries were navigating at legendary slow speed because the crew and the drivers (read USCIS) were very slow. Also the fuel (read visa numbers) was not enough so now and then it needed to get some assitance from the base (read lawmakers).
The base has put out an option to move from one ferry to another. So the people in Eb3 ferry decided to swim to EB2. One who could not start cursing their fate and the ones in EB2 boat start screaming to prevent that happening.
Soon the passengers forgot that the reason why the ferries are running slow and start blaming each other.
An old man on the shore sighed and said to himself, wouldn't it be nice if these people had concentratred their effort on the right place.
Sunnysurya,
Thanks for giving me ear, and thought to my points.
Indians(myself included) were ruled by British for years, i never believed history that people can fight so much with each other that they forget to work together; now i know better.
We got to get togther and work with each other (add efforts), but sometimes we are working together but ironically against each other and net result is wasted effort.
Lets not waste energy by stopping people from actions even if we may not like their tools or techniques. Lets work more and get something done.
Thanks SunnySurya.
2011 Below is a photograph of
nojoke
04-14 03:18 PM
I cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.
Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.
Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused: It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D. Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".
Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.
Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused: It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D. Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".
more...
sanju
01-06 04:13 PM
Slow down chief, not so fast.
There are two ways to give coverage to an issue. One could be decided based on how many people are affected, second could be based on how may people care for that issue.
If you go by how may people were affected, I'll say Palestine has a population of how much, say less than 5 million, but it has the world attention for over 50% of the entire world affairs coverage. For world affairs coverage its Palestine v/s rest of the world, but it seems according to you thats not enough. Why should Palestine or for that matter Israel be so important that it should get so much coverage or attention. All the religions AND HENCE THE VIOLENCE were created there. That's why its best to ignore that place so that twisted minds will not get motivation to fight anymore. But my point is, Isreal Palestine issue already gets more than adequate coverage, more so than rawanda, somalia, sudan, terror attacks in India etc. So based on this I don't think its NECESSARY to give Isreal Palestine any more attention.
But if you apply the second measure, which is how many people care about the issue, well in that case a lot more people here care about the attacks in India and a war between India and Pakistan. For that matter a lot more people on this forum are affected by attacks in Mumbai. If you go to some Palestine forum, maybe you can get more people wanting to discuss their views about Isreal there. But by law of inclination, since there more people on this site from India, you will see more people wanting to discuss about how they and their loved once are affected. If you want to discuss about paleastine, well, go right ahead, no one will respond to you because people are not interested. I am only responding to your rants and not your issue.
Loss of human life, WHICH IS OFTEN DUE TO SOME TWISTED RELIGION, is always very saddening. This is the core belief of every peace loving society and is not coming out in response to yuor rants. Infact, rants such as yours simple make a few people to tone down their expression of sorrow for the loss of human life.
There needs to be correction in your post. When Pakistanis terrorist attacked mumbai, world community blamed Pakistan and not the entire muslim community. The problem is, the way muslim community responds to such world events, due to the sense of the guilt of their twisted belief system, they think that the world community is blaming every muslim, but that is actually not how the world community responded. Also, because of the urge to defend terror attacks by a terrorist, muslim community tends to justify terrorism and terrosit attacks. We saw many "educated" (HIGHLY SKILLED) members, who were apparently muslims, on this forum justifying terrorist attacks conducted by Pakistani terrorist who happen to be "muslims". Because, the overriding factor for a lot people following islamic faith is the religion of the person performing the bad deeds. And if that person happen to be a muslim, most of you guys tend to justify bad deeds including terrorist acts. This behavior results in world community responding to you in plain and simple terms that terrorist sympathizer is encouraging more terrorism and hence you perceive that expression as if the others are branding your entire community as terrorist, but again, this is not true either. Its the direct result of your sense of guilt and your urge to be terrorist sympathizer.
I don't follow any religion. For me nation of my nationality (which could change in future) is above all forms of religions. When I will take US citizenship, my loyalties will be with the nation where my children are born and with the nation where I will become a citizen by CHOICE. Religion has nothing to do my relationship, my responsibilities and my rights in the country I BELONG. I am not saying that this is the right kind of behavior, but the pattern of behavior which is excepted as reasonable by most rationale minds. However, for you, you have to pick up a side in any issue based on the religion of the terrorist or the victims of any situation. You have no regard for the country of your birth or citizenship. Maybe not for you, but I see that as a problem.
I am a peace loving person and denounce every form of violence SPECIALLY THE ONE CAUSED DUE TO RELIGION. But that is not because of your rants, that's just the way I think normal humans behave. Although I must add that its not my issue as much as Mumbai attacks because Palestine is not in my backyard and I don't have the bandwidth to pay attention to Palestine even if I wanted.
Hope that's good enought for the day.
I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.
Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?
How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.
Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?
There are two ways to give coverage to an issue. One could be decided based on how many people are affected, second could be based on how may people care for that issue.
If you go by how may people were affected, I'll say Palestine has a population of how much, say less than 5 million, but it has the world attention for over 50% of the entire world affairs coverage. For world affairs coverage its Palestine v/s rest of the world, but it seems according to you thats not enough. Why should Palestine or for that matter Israel be so important that it should get so much coverage or attention. All the religions AND HENCE THE VIOLENCE were created there. That's why its best to ignore that place so that twisted minds will not get motivation to fight anymore. But my point is, Isreal Palestine issue already gets more than adequate coverage, more so than rawanda, somalia, sudan, terror attacks in India etc. So based on this I don't think its NECESSARY to give Isreal Palestine any more attention.
But if you apply the second measure, which is how many people care about the issue, well in that case a lot more people here care about the attacks in India and a war between India and Pakistan. For that matter a lot more people on this forum are affected by attacks in Mumbai. If you go to some Palestine forum, maybe you can get more people wanting to discuss their views about Isreal there. But by law of inclination, since there more people on this site from India, you will see more people wanting to discuss about how they and their loved once are affected. If you want to discuss about paleastine, well, go right ahead, no one will respond to you because people are not interested. I am only responding to your rants and not your issue.
Loss of human life, WHICH IS OFTEN DUE TO SOME TWISTED RELIGION, is always very saddening. This is the core belief of every peace loving society and is not coming out in response to yuor rants. Infact, rants such as yours simple make a few people to tone down their expression of sorrow for the loss of human life.
There needs to be correction in your post. When Pakistanis terrorist attacked mumbai, world community blamed Pakistan and not the entire muslim community. The problem is, the way muslim community responds to such world events, due to the sense of the guilt of their twisted belief system, they think that the world community is blaming every muslim, but that is actually not how the world community responded. Also, because of the urge to defend terror attacks by a terrorist, muslim community tends to justify terrorism and terrosit attacks. We saw many "educated" (HIGHLY SKILLED) members, who were apparently muslims, on this forum justifying terrorist attacks conducted by Pakistani terrorist who happen to be "muslims". Because, the overriding factor for a lot people following islamic faith is the religion of the person performing the bad deeds. And if that person happen to be a muslim, most of you guys tend to justify bad deeds including terrorist acts. This behavior results in world community responding to you in plain and simple terms that terrorist sympathizer is encouraging more terrorism and hence you perceive that expression as if the others are branding your entire community as terrorist, but again, this is not true either. Its the direct result of your sense of guilt and your urge to be terrorist sympathizer.
I don't follow any religion. For me nation of my nationality (which could change in future) is above all forms of religions. When I will take US citizenship, my loyalties will be with the nation where my children are born and with the nation where I will become a citizen by CHOICE. Religion has nothing to do my relationship, my responsibilities and my rights in the country I BELONG. I am not saying that this is the right kind of behavior, but the pattern of behavior which is excepted as reasonable by most rationale minds. However, for you, you have to pick up a side in any issue based on the religion of the terrorist or the victims of any situation. You have no regard for the country of your birth or citizenship. Maybe not for you, but I see that as a problem.
I am a peace loving person and denounce every form of violence SPECIALLY THE ONE CAUSED DUE TO RELIGION. But that is not because of your rants, that's just the way I think normal humans behave. Although I must add that its not my issue as much as Mumbai attacks because Palestine is not in my backyard and I don't have the bandwidth to pay attention to Palestine even if I wanted.
Hope that's good enought for the day.
I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.
Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?
How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.
Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?
senthil1
08-02 11:29 PM
AC21 tells that one can leave the job after 6 months of filing I485. But the green card is for future job and if anyone is not working for a company after receiving permanent job then green card can be considered as fraud.
These 2 rules are contraditory in nature.
Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.
Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.
If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases
These 2 rules are contraditory in nature.
Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.
Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.
If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases
more...
ameryki
03-23 08:59 PM
go for it mate. i bought a home in my 3rd year of H1 granted now I have Ead etc but immigration was never a factor when investing in a pad...hope this helps
2010 Victorian images of dogs
waitnwatch
05-24 12:03 PM
Communique,
I would like to differ on the point of keeping H1-B numbers constant. To hire a H1-B a company has to show that they didnot get a US citizen with even the minimal qualifications for that particular job. Also the salary for the job has to be certified by the Department of Labor as at least the market rate if not higher. Under this scenario why should there be this artificial and arbitrary limit. Again most of the numbers nowadays is being picked up by the consultants so if a regular company like say Caterpillar wants to hire an engineer the numbers are just not available.
While you do make a statement supporting no change in the numbers you justify your point by pointing to salary stagnation. Can you show a direct correlation between H1B and salary stagnation. I would more likely point to outsourcing as being more relevant to salary stagnation. If companies have a hard time hiring they would be more prone to outsourcing and it is always better to have a salary stagnated job in the US than not having the job at all.
Finally about Lou Dobbs..... I have much better use for my time than watching him. His journalism is worse than tabloid journalism though I have the suspicion that he may have an eye on joining the National Enquirer after immigration is done as he would have nothing more to say to his current audience.
My two cents!
I would like to differ on the point of keeping H1-B numbers constant. To hire a H1-B a company has to show that they didnot get a US citizen with even the minimal qualifications for that particular job. Also the salary for the job has to be certified by the Department of Labor as at least the market rate if not higher. Under this scenario why should there be this artificial and arbitrary limit. Again most of the numbers nowadays is being picked up by the consultants so if a regular company like say Caterpillar wants to hire an engineer the numbers are just not available.
While you do make a statement supporting no change in the numbers you justify your point by pointing to salary stagnation. Can you show a direct correlation between H1B and salary stagnation. I would more likely point to outsourcing as being more relevant to salary stagnation. If companies have a hard time hiring they would be more prone to outsourcing and it is always better to have a salary stagnated job in the US than not having the job at all.
Finally about Lou Dobbs..... I have much better use for my time than watching him. His journalism is worse than tabloid journalism though I have the suspicion that he may have an eye on joining the National Enquirer after immigration is done as he would have nothing more to say to his current audience.
My two cents!
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krishna
02-21 12:45 PM
Lou dobbs, Pat Buchanan and people of that kind are full of vanity. It is wise to tune out such guys and make sure that they do not affect policy decisions in congress. I dont think policy makers care for his rant on TV.
hair manners of dogs are taken
willwin
07-13 04:46 PM
My intent is to get someone to write a good letter that makes a compelling case for EB3 reform. No ranting, whining, pleading, no envy ......... just an eager, passionate appeal for broad reform.
We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.
The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.
EB3 members - please draft a passionate letter(s) express the pain (not frustration)....
I agree! Guys, can some one who is good in drafting letter like this one come forward and volunteer?
The person, can either take inputs and then draft a letter or come up his/her own and then look for suggestions.
Thoughts?
We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.
The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.
EB3 members - please draft a passionate letter(s) express the pain (not frustration)....
I agree! Guys, can some one who is good in drafting letter like this one come forward and volunteer?
The person, can either take inputs and then draft a letter or come up his/her own and then look for suggestions.
Thoughts?
more...
Macaca
12-23 09:42 PM
Congress Cool on Tech Issues in 2007 (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/23/AR2007122301761.html) Patent reform, security, Internet access and other topics are expected to gain a higher profile next session PC World, Dec 23, 2007
No one is calling 2007 a banner year for the technology industry in the U.S. Congress.
Congress passed a handful of bills on many tech vendor and trade group wish lists, but in several cases, they represented partial victories.
"This Congress so far has a record of neglect on technology issues," said Representative Bob Goodlatte, a Virginia Republican, whose party lost the majority in Congress in the November 2006 elections.
Goodlatte isn't an impartial observer, but members of the tech community also acknowledge that Congress has been slow to act on tech issues this year. Still, not everyone was expecting great things from a Congress that had to reorganize after the change in party control.
It's too early to judge this session of Congress, which continues through 2008, said Kevin Richards, federal government relations manager at cybersecurity vendor Symantec. "I think we have a lot of interest [from lawmakers], and this has the potential to be a tech-friendly Congress," Richards said.
Members of the tech community point to some success in Congress this year:
Congress passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, which became law in August. TheAmerica Competes Actallocated US$43.3 billion for research and math- and science-education programs.
Congress approved a free-trade agreement with Peru in December, the only such agreement approved this year. Some labor and environmental groups opposed some free-trade agreements, but the pacts are "imperative" for tech vendors, said Sage Chandler, senior director of international trade for the Consumer Electronics Association.
The CEA, which launched a campaign against "protectionism" in October, said every trade agreement is important to its members. Upcoming free-trade agreements coming before Congress include Columbia, Panama and South Korea. A handful of CEA members are already doing business in Peru or would like to and between 2000 and 2006 U.S. consumer-electronics exports to Peru increased by 12 percent, Chandler said.
"Without the ability to sell into foreign markets and get components from foreign markets, our companies aren't going to be able to employ Americans," she said.
Some successes the tech community can point to, however, were partial victories:
Congress, in late October, passed a seven-year extension to a moratorium on access taxes and other taxes unique to the Internet. But many tech groups and lawmakers had pushed for a permanent tax ban, arguing that it was needed to foster Internet and broadband growth.
Opponents of a permanent ban successfully argued that it would remove a check on Internet service providers attempting to include other services, such as VoIP (voice over Internet Protocol), in the tax ban. In addition, some lawmakers argued that a permanent ban could cripple the ability to pay for services.
But some lawmakers argued Congress should've gone farther. The House of Representatives, which in the past has approved permanent extensions, this year passed a four-year extension and "had to have the Senate show them the way to a better seven-year extension," Goodlatte said. The "ultimate goal" should be a permanent tax moratorium, he said.
The Senate in December passed a one-year extension to a research and development tax credit for U.S. companies. TheTemporary Tax Relief Act, which the House approved Nov. 9, extends the tax credit, which covers 20 percent of qualified R&D spending. But many tech groups have called on Congress to permanently extend the R&D tax credit, which has been extended a dozen times since 1981.
Supporters of an expanded tax credit argue that the U.S. has fallen behind other nations in its R&D support. Once the most generous with R&D tax breaks, the U.S. by 2004 fell to 17th out of the 30 nations of the Organisation for Economic Co-operation and Development.
But the tax break comes with a price tag of about $7 billion a year, and Congress has been reluctant to extend the program long term. Some government watchdog groups have called the R&D tax credit corporate welfare.
Some tech groups have said the R&D tax credit helps keep high-paying tech jobs in the U.S. And companies have a hard time mapping out their R&D when the credit keeps expiring, said Symantec's Richards. "The on-again, off-again nature of the credit makes it impossible for companies to do the long-term planning that's needed," he said.
In many other areas, Congress failed to act on legislation many tech groups called for:
Patent reform: Many large tech companies said their top priority was for Congress to pass a wide-ranging patent reform bill that would make it more difficult for patent holders to sue and collect massive infringement awards. The House of Representatives in September passed thePatent Reform Act, which would allow courts to limit patent damage awards if a patented invention is a small piece of a larger product. Among other things, the bill would also allow a new way to challenge patents within one year after they've been granted.
Supporters of the bill, including Microsoft and IBM, argued that it's too easy for patent holders who have no intent of marketing an invention to sue large companies and collect multimillion-dollar damages when a small piece of a technology product is found to infringe. "There are people who now just hold patents to sue and not to innovate," said Symatec's Richards.
Another important piece of the bill would limit where patent holders could file lawsuits, Richards said. Many patent holders file lawsuits in the patent-friendly U.S. District Court for the Eastern District of Texas, even though neither the patent holder or the accused infringer is located there.
Opponents, including pharmaceutical companies, some small technology vendors and inventors, have successfully stalled the bill in the Senate. They say the bill severely weakens the power of patents.
Senate leaders say they will tackle the bill again in January. Opponents will continue to pressure lawmakers, said Ronald Riley, president of the Professional Inventors Alliance, which has enlisted the support of some labor unions.
Opponents have talked about finding candidates to run against lawmakers who support the bill, Riley said. "We will have an all-out onslaught on the legislation," Riley said. "We think we will have to make an example of some legislators."
H-1B visas: Another top priority of many tech vendors has been an expansion of the H-1B visa program for skilled foreign workers. The current yearly cap is 65,000 visas, with exceptions for an additional 20,000 graduate students, but in recent years, the cap has been filled before the year begins.
Microsoft Chairman Bill Gates testified before a Senate committee in March, saying the U.S. should not shut out talented workers. "We have to welcome the great minds of this world, not drive them out of this country," Gates said. "These employees are vital to American competitiveness."
But U.S. tech worker groups such as the Institute of Electrical and Electronics Engineers-USA (IEEE-USA) have opposed a higher H-1B cap, arguing that companies use the program to hire foreign workers for less money than unemployed U.S. workers would receive. An H-1B increase to 115,000 was part of a comprehensive immigration bill in the Senate, but that bill stalled over a contentious debate about illegal immigration.
Data breaches: A handful of data breach notification and cybercrime bills stalled as Congress focused on other issues. The House approved two antispyware bills, one that created penalties of up to five years in prison for some spyware-like behavior. But the Senate didn't act on the bills, in part because there are concerns that the second spyware bill would preempt tougher state laws.
Net neutrality: Many consumer groups and Internet-based companies continued to call on Congress to pass a net neutrality law, which would prohibit broadband providers from blocking or slowing competitors' Web content. However, the U.S. Federal Communications Commission has included some net neutrality rules in an upcoming spectrum auction, and both Verizon Wireless and AT&T have recently pledged to allow outside content and devices on their mobile-phone networks.
Congress has also examined tougher penalties for copyright infringement, but hasn't moved legislation forward. With the change in party control, some things have been delayed, and "that was fine with us," said Art Brodsky, spokesman for Public Knowledge, a consumer-rights group that has opposed tougher copyright penalties.
Some observers expect Congress to be more active on tech issues in 2008. It will be an election year, and it will be hard for controversial legislation to move forward, but many tech issues aren't partisan, Goodlatte said.
Passing some tech-related legislation would show some progress, he said. "I would think that the Democratic leadership, in the miserable lack of success they've had in passing legislation this year, would be looking for a new approach in the new year," he said.
No one is calling 2007 a banner year for the technology industry in the U.S. Congress.
Congress passed a handful of bills on many tech vendor and trade group wish lists, but in several cases, they represented partial victories.
"This Congress so far has a record of neglect on technology issues," said Representative Bob Goodlatte, a Virginia Republican, whose party lost the majority in Congress in the November 2006 elections.
Goodlatte isn't an impartial observer, but members of the tech community also acknowledge that Congress has been slow to act on tech issues this year. Still, not everyone was expecting great things from a Congress that had to reorganize after the change in party control.
It's too early to judge this session of Congress, which continues through 2008, said Kevin Richards, federal government relations manager at cybersecurity vendor Symantec. "I think we have a lot of interest [from lawmakers], and this has the potential to be a tech-friendly Congress," Richards said.
Members of the tech community point to some success in Congress this year:
Congress passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, which became law in August. TheAmerica Competes Actallocated US$43.3 billion for research and math- and science-education programs.
Congress approved a free-trade agreement with Peru in December, the only such agreement approved this year. Some labor and environmental groups opposed some free-trade agreements, but the pacts are "imperative" for tech vendors, said Sage Chandler, senior director of international trade for the Consumer Electronics Association.
The CEA, which launched a campaign against "protectionism" in October, said every trade agreement is important to its members. Upcoming free-trade agreements coming before Congress include Columbia, Panama and South Korea. A handful of CEA members are already doing business in Peru or would like to and between 2000 and 2006 U.S. consumer-electronics exports to Peru increased by 12 percent, Chandler said.
"Without the ability to sell into foreign markets and get components from foreign markets, our companies aren't going to be able to employ Americans," she said.
Some successes the tech community can point to, however, were partial victories:
Congress, in late October, passed a seven-year extension to a moratorium on access taxes and other taxes unique to the Internet. But many tech groups and lawmakers had pushed for a permanent tax ban, arguing that it was needed to foster Internet and broadband growth.
Opponents of a permanent ban successfully argued that it would remove a check on Internet service providers attempting to include other services, such as VoIP (voice over Internet Protocol), in the tax ban. In addition, some lawmakers argued that a permanent ban could cripple the ability to pay for services.
But some lawmakers argued Congress should've gone farther. The House of Representatives, which in the past has approved permanent extensions, this year passed a four-year extension and "had to have the Senate show them the way to a better seven-year extension," Goodlatte said. The "ultimate goal" should be a permanent tax moratorium, he said.
The Senate in December passed a one-year extension to a research and development tax credit for U.S. companies. TheTemporary Tax Relief Act, which the House approved Nov. 9, extends the tax credit, which covers 20 percent of qualified R&D spending. But many tech groups have called on Congress to permanently extend the R&D tax credit, which has been extended a dozen times since 1981.
Supporters of an expanded tax credit argue that the U.S. has fallen behind other nations in its R&D support. Once the most generous with R&D tax breaks, the U.S. by 2004 fell to 17th out of the 30 nations of the Organisation for Economic Co-operation and Development.
But the tax break comes with a price tag of about $7 billion a year, and Congress has been reluctant to extend the program long term. Some government watchdog groups have called the R&D tax credit corporate welfare.
Some tech groups have said the R&D tax credit helps keep high-paying tech jobs in the U.S. And companies have a hard time mapping out their R&D when the credit keeps expiring, said Symantec's Richards. "The on-again, off-again nature of the credit makes it impossible for companies to do the long-term planning that's needed," he said.
In many other areas, Congress failed to act on legislation many tech groups called for:
Patent reform: Many large tech companies said their top priority was for Congress to pass a wide-ranging patent reform bill that would make it more difficult for patent holders to sue and collect massive infringement awards. The House of Representatives in September passed thePatent Reform Act, which would allow courts to limit patent damage awards if a patented invention is a small piece of a larger product. Among other things, the bill would also allow a new way to challenge patents within one year after they've been granted.
Supporters of the bill, including Microsoft and IBM, argued that it's too easy for patent holders who have no intent of marketing an invention to sue large companies and collect multimillion-dollar damages when a small piece of a technology product is found to infringe. "There are people who now just hold patents to sue and not to innovate," said Symatec's Richards.
Another important piece of the bill would limit where patent holders could file lawsuits, Richards said. Many patent holders file lawsuits in the patent-friendly U.S. District Court for the Eastern District of Texas, even though neither the patent holder or the accused infringer is located there.
Opponents, including pharmaceutical companies, some small technology vendors and inventors, have successfully stalled the bill in the Senate. They say the bill severely weakens the power of patents.
Senate leaders say they will tackle the bill again in January. Opponents will continue to pressure lawmakers, said Ronald Riley, president of the Professional Inventors Alliance, which has enlisted the support of some labor unions.
Opponents have talked about finding candidates to run against lawmakers who support the bill, Riley said. "We will have an all-out onslaught on the legislation," Riley said. "We think we will have to make an example of some legislators."
H-1B visas: Another top priority of many tech vendors has been an expansion of the H-1B visa program for skilled foreign workers. The current yearly cap is 65,000 visas, with exceptions for an additional 20,000 graduate students, but in recent years, the cap has been filled before the year begins.
Microsoft Chairman Bill Gates testified before a Senate committee in March, saying the U.S. should not shut out talented workers. "We have to welcome the great minds of this world, not drive them out of this country," Gates said. "These employees are vital to American competitiveness."
But U.S. tech worker groups such as the Institute of Electrical and Electronics Engineers-USA (IEEE-USA) have opposed a higher H-1B cap, arguing that companies use the program to hire foreign workers for less money than unemployed U.S. workers would receive. An H-1B increase to 115,000 was part of a comprehensive immigration bill in the Senate, but that bill stalled over a contentious debate about illegal immigration.
Data breaches: A handful of data breach notification and cybercrime bills stalled as Congress focused on other issues. The House approved two antispyware bills, one that created penalties of up to five years in prison for some spyware-like behavior. But the Senate didn't act on the bills, in part because there are concerns that the second spyware bill would preempt tougher state laws.
Net neutrality: Many consumer groups and Internet-based companies continued to call on Congress to pass a net neutrality law, which would prohibit broadband providers from blocking or slowing competitors' Web content. However, the U.S. Federal Communications Commission has included some net neutrality rules in an upcoming spectrum auction, and both Verizon Wireless and AT&T have recently pledged to allow outside content and devices on their mobile-phone networks.
Congress has also examined tougher penalties for copyright infringement, but hasn't moved legislation forward. With the change in party control, some things have been delayed, and "that was fine with us," said Art Brodsky, spokesman for Public Knowledge, a consumer-rights group that has opposed tougher copyright penalties.
Some observers expect Congress to be more active on tech issues in 2008. It will be an election year, and it will be hard for controversial legislation to move forward, but many tech issues aren't partisan, Goodlatte said.
Passing some tech-related legislation would show some progress, he said. "I would think that the Democratic leadership, in the miserable lack of success they've had in passing legislation this year, would be looking for a new approach in the new year," he said.
hot Rabbits, hippos and more dogs
indianindian2006
08-02 07:01 PM
Yes.
A little unknown thing is that even if you get married to someone who is eligible for 245i; you also get that benefit. Even if someone divorced a person who was eligible for 245i; they still get the benefit.
Therefore, someone who has overstayed, out of status and marries someone who had a labor or 130 pending before april 30, 2001 (even though this person was never out of status or overstayed); then spouse can claim 245i benefit.
You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.
A little unknown thing is that even if you get married to someone who is eligible for 245i; you also get that benefit. Even if someone divorced a person who was eligible for 245i; they still get the benefit.
Therefore, someone who has overstayed, out of status and marries someone who had a labor or 130 pending before april 30, 2001 (even though this person was never out of status or overstayed); then spouse can claim 245i benefit.
You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.
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house The colour of these beautiful
ssa
06-23 04:53 PM
Besides other errors in calculation which have been already discussed above, the numbers assumed here are unrealistic.
First and foremost you can't get townhome in Cupertino for 500K. Even in this market 2br/2bth dingy condos in good school district in Cupertino (remember, even within cupertino there are different levels of school district, especially when it comes to high school) are going for 550K at least.
Second for those condos HOA is on an average 400/mo so that's minimum 4800 per year not 3000.
Also the biggest problem with this calculation is it is valid for the very first year ONLY. The 15K you get back from tax credit and 50% from the broker (IF you can get it in the first place) is only for the very first year. What are you going to do for the next 29 years? Unless you think you will own for just one year and then flip it (which is a suicidal plan in this housing economy) it does not make sense.
Here is one calculation that might give you one more reason to buy...
This is taking into consideration bay area good school district ....
say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)
you buy a townhome for around $500k putting down 20%
so loan amount is 400k
@ 5% instrest your annual intrest is $ 20k.
Say 3k HOA anually...
Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
So not taking property tax into account....your annual expense is 23k.
now here is the nice part....
you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)
If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!
There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...
so total amount u get back....8k+ 7.5k = 15k approx..
1st year expense = 23k
1st year actual expense = 23-15 = 8 k
which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)
Will the property value go up ? I do not know (I wish I knew)...
Is there a risk ? I would think yes....
Percentage of risk ? I would think keeping in mind current prices the risk is low...
I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)
All the best !
First and foremost you can't get townhome in Cupertino for 500K. Even in this market 2br/2bth dingy condos in good school district in Cupertino (remember, even within cupertino there are different levels of school district, especially when it comes to high school) are going for 550K at least.
Second for those condos HOA is on an average 400/mo so that's minimum 4800 per year not 3000.
Also the biggest problem with this calculation is it is valid for the very first year ONLY. The 15K you get back from tax credit and 50% from the broker (IF you can get it in the first place) is only for the very first year. What are you going to do for the next 29 years? Unless you think you will own for just one year and then flip it (which is a suicidal plan in this housing economy) it does not make sense.
Here is one calculation that might give you one more reason to buy...
This is taking into consideration bay area good school district ....
say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)
you buy a townhome for around $500k putting down 20%
so loan amount is 400k
@ 5% instrest your annual intrest is $ 20k.
Say 3k HOA anually...
Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
So not taking property tax into account....your annual expense is 23k.
now here is the nice part....
you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)
If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!
There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...
so total amount u get back....8k+ 7.5k = 15k approx..
1st year expense = 23k
1st year actual expense = 23-15 = 8 k
which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)
Will the property value go up ? I do not know (I wish I knew)...
Is there a risk ? I would think yes....
Percentage of risk ? I would think keeping in mind current prices the risk is low...
I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)
All the best !
tattoo the dogs as colour pods.
chanduv23
03-26 04:35 PM
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?
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pictures the colour of a cat tractor
Sakthisagar
07-29 03:27 PM
A little touchy here are we. I thought we were skilled immigrants and could hold a mature conversation.
First of all, the President doesn't create policy, the Congress does. And please answer my question of why he should focus on a few hundred thousands when millions are out of their jobs, economy is in crisis and a couple of wars to fight. I'm just saying in terms of priorities we don't fit and I'm fine with that even though from a selfish perspective it hurts us. With regard to the unemployment rate:
1. Not all EB immigrants are tech sector employees (esp in EB3)
2. Even if we consider the population of tech EB employees, some in the American Congress and public *could* argue that lots of these jobs could indeed be done by Americans if they are trained. If you look at the trend of outsourcing you know that it's really not that hard to find somebody who can code in Java/C++ etc. I'm not saying that's true but just saying that's an argument that could be given forward by people who say that the nation's overall unemployment rate could be helped by training people for tech oriented jobs where unemployment rate is low. This is already happening with science and tech initiatives at the middle/higher education level.
What immaturity you have seen in saying that do not compare USA & India. may be your immature mind to understand.
We people will only argue and discuss and never do anything solid that is the Nature unfortunately. How do you know The President's Priority? Why do you want to use "coulds "and "can" and "may be???? just for argument sake and that is what they call "IMMATURITY "in superlative Degree
First of all, the President doesn't create policy, the Congress does. And please answer my question of why he should focus on a few hundred thousands when millions are out of their jobs, economy is in crisis and a couple of wars to fight. I'm just saying in terms of priorities we don't fit and I'm fine with that even though from a selfish perspective it hurts us. With regard to the unemployment rate:
1. Not all EB immigrants are tech sector employees (esp in EB3)
2. Even if we consider the population of tech EB employees, some in the American Congress and public *could* argue that lots of these jobs could indeed be done by Americans if they are trained. If you look at the trend of outsourcing you know that it's really not that hard to find somebody who can code in Java/C++ etc. I'm not saying that's true but just saying that's an argument that could be given forward by people who say that the nation's overall unemployment rate could be helped by training people for tech oriented jobs where unemployment rate is low. This is already happening with science and tech initiatives at the middle/higher education level.
What immaturity you have seen in saying that do not compare USA & India. may be your immature mind to understand.
We people will only argue and discuss and never do anything solid that is the Nature unfortunately. How do you know The President's Priority? Why do you want to use "coulds "and "can" and "may be???? just for argument sake and that is what they call "IMMATURITY "in superlative Degree
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![pictures of dogs to colour. Sign [quot;Beware of the Dogquot;]](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_vA7GvR_gu7UKDnq8oV5BGR2vy-gxFx6aWMpeU-1W9x1yeVnncJufeAJ2XzJovHIFYzcjYUJM4HGm2o4kAWzCuYMPh4k57ixlt65Zm5bzYZAWT8wOFHEw=s0-d "Sign [quot;Beware of the Dogquot;]")
my2cents
04-14 03:24 PM
Why is tax benefits such an issue:confused:. It is after all tax on interest, not on the principle. It declines every year and probably worth nothing in 10 years? For every 100K you borrow you are charged an interest of 100K for a typical loan. Rents are cheap compared to the owning a home. This is why home prices are falling. Until they reach equilibrium, housing will continue to fall. Assuming the difference is 1000$, if you rent for 7 years you will be saving 80K(approximately)- which means you pay a bigger downpayment and hence saving 80K in interest.
All these calculations are done assuming that the home price stays flat. If it falls, you gain additionally by how much if falls. Plus there is insurance, property tax.
Again, it may not be applicable to ur situation.
in my case, i am paying $400 in equity and $300 in tax deduction so i am paying effectively $1300 .(My mortgage is $2k, includes eveything(Insurace,HOA).In $1300, i can get 1-2 bedroom in DC Metro area depending upon location.
Yes, over a period of time tax benefits decreases but equity increases. so i stay , and after 10 years i will be paying $800 evey month towards principal.
now depend upon when i sell , if i sell and price is same as when i bought, only advantage i have i enjoyed 3 bedroom instead of 1-2 which may not be needed depending upon family size/need.
If i would have bought in 2006 (peak time) calculation is different and i may be loosing $200-300 per month based upon interest rate. (Currenlt i am on 5.25% 30 year fixed) .
Another big factor is interest rate. if you buy house (when it is has bottom) you may end paying same if interest rate is high. that's why i think it is best time to buy since interest rate is low and housing is slow and good inventory.
Location..Location.. Location...is most important thing.
worst hit market are ohio,michigan because Big 3 automakers are suffereing.
more you stay in house ..7 , 10 or 15 years. Your equity build faster.
Best use i think i was able to do.. took out a equity loan which is now 6% and paid my ICICI loan(house in india) which was averaging 12-13%.
but again if i have to sell now ..then i am sure i will loose money because it will not sell.
Some of my frnd bought house in $800K in DC metro. yes they lost 20% big amount ...but there main worry is cash flow. You need dual income all the time to pay mortgage.
My only advise is always limit ur mortgage to one salary. it may means that you have to commute longer, may be remote area.
Media is the one who created the hype & and also they are paritally responsible for downturn.
All these calculations are done assuming that the home price stays flat. If it falls, you gain additionally by how much if falls. Plus there is insurance, property tax.
Again, it may not be applicable to ur situation.
in my case, i am paying $400 in equity and $300 in tax deduction so i am paying effectively $1300 .(My mortgage is $2k, includes eveything(Insurace,HOA).In $1300, i can get 1-2 bedroom in DC Metro area depending upon location.
Yes, over a period of time tax benefits decreases but equity increases. so i stay , and after 10 years i will be paying $800 evey month towards principal.
now depend upon when i sell , if i sell and price is same as when i bought, only advantage i have i enjoyed 3 bedroom instead of 1-2 which may not be needed depending upon family size/need.
If i would have bought in 2006 (peak time) calculation is different and i may be loosing $200-300 per month based upon interest rate. (Currenlt i am on 5.25% 30 year fixed) .
Another big factor is interest rate. if you buy house (when it is has bottom) you may end paying same if interest rate is high. that's why i think it is best time to buy since interest rate is low and housing is slow and good inventory.
Location..Location.. Location...is most important thing.
worst hit market are ohio,michigan because Big 3 automakers are suffereing.
more you stay in house ..7 , 10 or 15 years. Your equity build faster.
Best use i think i was able to do.. took out a equity loan which is now 6% and paid my ICICI loan(house in india) which was averaging 12-13%.
but again if i have to sell now ..then i am sure i will loose money because it will not sell.
Some of my frnd bought house in $800K in DC metro. yes they lost 20% big amount ...but there main worry is cash flow. You need dual income all the time to pay mortgage.
My only advise is always limit ur mortgage to one salary. it may means that you have to commute longer, may be remote area.
Media is the one who created the hype & and also they are paritally responsible for downturn.
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makeup The colour of dogs part 8 -
hetalvn
09-19 05:04 PM
hi
they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
they should clarify this situation since they are taking money from us.
hetal shah
hetalvn@yahoo.com
they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
they should clarify this situation since they are taking money from us.
hetal shah
hetalvn@yahoo.com
girlfriend breeds of dogs repeated.
crystal
08-03 06:09 PM
Search the threads there is a link , if you entered to US in less than a year before filing I-485 they wil send a copy of G-325a to Consulate. If they dont get response in 6 months they move forward, they dont wait for the response. this does not cause backlog as far as i know. They keep consulate visa interview forms for an year , thats what i read in the link
Ok . here is the link
http://www.imminfo.com/resources/cis-sop-aos/7-3-3.html It is 60 days ( not 6 months which i said above)
Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?
If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.
Ok . here is the link
http://www.imminfo.com/resources/cis-sop-aos/7-3-3.html It is 60 days ( not 6 months which i said above)
Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?
If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.
hairstyles Rainbow color
unitednations
03-25 12:41 PM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
Refugee_New
01-07 09:28 AM
Hey Refugee_New, why the hell you gave me red ("what other site - refugee!").
Go ahead & post it on the some news websites THAT ARE NOT RELATED WITH EB ISSUES. THIS FORM IS ONLY FOR EMPLOYMENT BASED IMMIGRATION RELATED ISSUES PERIOD & END OF DISCUSSION.
As I already said it is very sad to hear innocent kids got killed. Opening a thread here & giving your baseless comments will not going to help the ppl suffering over there so why not you go over there and help them out by fighting with Israeli forces instead of whining here.
GCBatman, i didn't give you red. Let me know how to give red or green. I never tried this before.
Go ahead & post it on the some news websites THAT ARE NOT RELATED WITH EB ISSUES. THIS FORM IS ONLY FOR EMPLOYMENT BASED IMMIGRATION RELATED ISSUES PERIOD & END OF DISCUSSION.
As I already said it is very sad to hear innocent kids got killed. Opening a thread here & giving your baseless comments will not going to help the ppl suffering over there so why not you go over there and help them out by fighting with Israeli forces instead of whining here.
GCBatman, i didn't give you red. Let me know how to give red or green. I never tried this before.
xyzgc
12-17 04:24 PM
Now you may go and dig out my previous postings too!
Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!
Bring it on more (red dots) LOL
Want to discuss which airlines to boycott?:D...
There is an IV thread for you!
Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!
Bring it on more (red dots) LOL
Want to discuss which airlines to boycott?:D...
There is an IV thread for you!