Thursday, June 16, 2011

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  • chanduv23
    10-21 05:00 PM
    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.

    Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.




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  • badluck
    07-24 03:56 PM
    Since it is absolutely impossible with EB3 Sep 2006 PD I thought he might have applied in a different category..Do not know the specifics of EB5...Incase what you said is true whatever that guy said is just a JOKE!

    After all sardarji can make a joke:D




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  • bkarnik
    04-26 10:15 AM
    You stated dual intent immigrants. In letter and spirit.
    That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.

    Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
    It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.

    Learning01:

    The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)

    As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.

    http://www.shusterman.com/di-vsa.html
    http://www.uscis.gov/graphics/howdoi/h1b.htm




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  • she81
    07-24 06:52 PM
    I am planning to call PBEC for my case. My recruitment was completed early this month but the lawyers haven't received a recruitment report instruction letter. I want to request them to at least send the letter since everything else is ready. Did anyone have any luck calling on their own? Or do they only want to speak with employer/attorney?

    Although, filing 485 now doesn't seem possible in this narrow time frame... still want to give it a last shot.

    Very much appreciate a response from someone.



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  • gsc999
    07-19 01:56 PM
    Can someone please post the SoCal Yahoo group url link so I can sign-up.

    I am in Northern California will you guys allow me to be a member too.




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  • ksefiane
    09-12 03:10 PM
    I have contacted newsrooms in Lynchburg, Roanoke, Charlottesville, Richmond, Danville, Blacksburg, and the New River Valley.

    Thanks!

    Karima



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  • kiran24
    08-03 10:55 PM
    There is a conference call going on at SoCal IV forum Bbetween 8:00 P.M to 8:30 P.M. Please join the call if you are interested in attending a SoCal IV organized booth at an event in Southern CA.




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  • Administrator2
    05-02 09:27 AM
    Here is the information sent to IV by Research Program Manager at NEU

    Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.

    --------------------------------------------------------------------

    When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).

    http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1

    After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.

    http://www.military.com/news/article/itin-ineligible-for-special-rebate.html

    In Japan, thousands of military families face the same situation.

    http://www.armytimes.com/news/2008/04/army_rebate_041408w/

    The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.

    Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.

    The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:

    20 C.F.R. � 422.104(a)(3)

    (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;

    http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm

    The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�

    Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.

    Lawmakers

    Nancy Pelosi, Speaker of the House

    �Residents of the U.S. territories will also receive the benefit.�

    Johnny Isakson, United States Senator from Georgia

    The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.

    Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy

    Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.

    Senator Robert Menendez | Newsroom

    �Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�

    News | Senator Pete V. Domenici

    This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.

    EconomicStimulus2008

    The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.

    Senate Finance Committee

    020808 Econ Stim Staff Summary.pdf (application/pdf Object)

    The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�

    The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�

    According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�

    The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.

    The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].

    Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).



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  • acecupid
    09-13 01:16 PM
    Hi All,

    My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.

    Thank you.

    Wow!! Congratulations.... That was very fast indeed. Good luck with the rest of the process.




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  • bp333
    03-04 12:30 PM
    My application is filed with Texas Service Centre.

    Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.

    I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.



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  • pr02
    07-20 10:13 AM
    Of course the vote had to fail. Senate is Dem controlled and they are anti-legal presently. But the fact that it got voted down by a few votes should give us some optimism.




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  • psaxena
    08-12 03:14 PM
    This bill is purely on the theory of Common man vs politician
    What is a politician?
    Politician is a contaminated breed of Human species. Here's the difference.

    When a common man see the problem, he tries to make a resolution and tries to make a permanent solution helping everyone.

    Now what does a politician do.. he see a problem and think how can he pretend to get a resolution while trying to make use of the problem for his political advantage hurting everyone and even hurting who were not effected by that problem and then use the same cycle to resolve the residual problems of the so called "solution" for his gains.. and this goes on and on and on.

    Moreover the worst part of the story is no matter where you go in this world, you will find this weed growing everywhere and there is no weed control chemicals to kill them and surprisingly common man is a fertilizer to grow it.



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  • lazycis
    05-14 03:50 PM
    this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki

    Will do.




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  • Struggle
    09-12 07:53 PM
    I was at SJ rally and it was an awesome feeling to participate and hear all the honks.
    Unfortunately cannot make it to the DC rally, but have been spreading the word through emails and diggs.

    Milind i have contributed $100 now.
    paypal transaction id: 88886835PG920640K
    Thanks for your support.



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  • Suva
    07-20 11:39 AM
    Extremely disapointed.




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  • sandy_anand
    04-29 03:43 PM
    Pappu, thanks for the list. I wonder why Lindsey Graham's name is not on your list?



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  • chanduv23
    09-12 11:52 AM
    can we put up forum threads here for state chapters or some kind of direct link or page for each individual state chapter
    Doing state chapters through list servs is just not working out.

    I think IV is trying to bring State Chapters also onto the website instead of individual list serves. I do not have any details, maybe pappu or Aman can throw light on this. But nevertheless, we can currently execute things in the way we are doing now.




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  • ramus
    07-06 12:20 PM
    Thank you.. I am sure this thread is going to get more and more visits..

    I have changed the thread title.




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  • Milind123
    09-16 09:37 PM
    gimmeliberty, srinivas_o, x1050us, PKV4voice thank you so much. I was out for about a couple of hours and when I came back I saw all these contributions lined up. I cannot express the feeling I got. I was totally overwhelmed. After yesterday’s round, which took about 24 hours to close (estimation, I didn’t check), I was worried if we will be able to finish this round. But I am certain now that we will finish this round successfully. Of course, we will, if we have motivated people like you.

    11 - 4 7 more shots to be fired.




    Administrator2
    03-12 06:26 PM
    All,

    Please understand few basic facts.


    Much of the work that we do is not on the website but behind the scene.
    We need resources to carry the message to the lawmakers.
    Resources are contributed by the members.
    All members do not contribute, and then there are those who contribute.
    We have created a specific area on the website where more serious members who are willing to open their wallets, could actively participate, and that will enable us to enlist more active members for the work that we do behind the scene.
    Its just one way for us to recruit serious members to help us with more active work and at the same time help to continue with the organizational goals.
    From time to time, we will also seek advice from the contributing members. And when we need more help, we will reach out to everybody on the website.
    Rest of the area on the forum will continue to be the way that it is right now and every member will continue to access it the way you access it right now.
    We are soon going to introduce new and more helpful features for everyone.


    Which part of this is not fair? Why can't we all get along? Why do we have to argue and fight over everything?

    Please, its not helping this way.




    hsd31
    09-01 01:33 PM
    kalinga_sena case seems to be the worst.

    Besides kalinga_sena and me, looks like gclabor07 and mgmanoj have also been in the US 10+ years and still don't have an EAD. That will be an interesting poll too: 10+ years in the US and still no EAD.



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