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  • a_yaja
    09-10 11:24 PM
    I don't know much about Canada PR, but the 2nd option sounds good to me. Make sure your new employer is willing to give you a Joining Letter with the similar job responsibilities, job title, etc upon which your 485 is based.

    Good Luck.

    Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.

    The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.

    There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.

    I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
    - programmer's guild complaining about us stealing their jobs or
    - people losing their home and blaming the banks "for not disclosing terms"
    - anyone who is blaming anyone else for their troubles
    If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.





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  • kevinkris
    10-06 07:58 PM
    It's good that indian american is heading the bailout which is by far the largest government intervention of free markets in the history.

    It's bad that 6 family members were died. He should have filed bankruptcy and head back to india atleast. MBA in Finance would definitely will get him a good job. May god rest their soles in peace.
    It's really unfortunate.
    Everybody has troubles, See people in somalia and other places. They don't have anything to eat also. They are surviving for their livelihood. If there is a legitimate cause for a suicide then it's OK. And even he doesn't have right to kill other members in the family. Period.

    And i don't see any suspicious activity that outsider killed them as that person is out of job from 6 months.

    Any thoughts?





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  • perm
    07-03 11:12 AM
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  • jnraajan
    03-28 04:56 PM
    I somhow feel that Name Check problem has not been taken care of within its entirety. I agree with one thing that NC will be "improved" but has not been and will never be streamlined the way actually it should be.

    Reference:

    http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf


    I may be wrong but my doubts are as under:
    ------------------------------------------

    (1)180 days period is from the "Date of FBI Name Check initiation. It is not
    from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
    Check. So I see a big playground for USCIS to play if it decides to play.
    What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
    Do we have a way to know or keep an eye on USCIS about this? At least I
    do not know and if somebody has the information please share it.

    (2) "If 485 Otherwise is processable" then USCIS can go ahead without
    waiting for NC check... What if USCIS decides to keep 100000 cases on
    rack eating dust just by not moving the processing date for particular
    service center? This you can see right now.. USCIS is making Texas slow
    day by day not moving processing date. I remember Texas was ahead
    with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.

    Expert or differed opinions please?

    You bring up some valid points. But then, every issue we bring up with regards to USCIS is valid. There is no transaparency in this agency, which is why we have all these issues. Even before this 180 day rule, there was no way for us to find out if and when USCIS requested NC and when it was completed.



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  • Atlantagowda
    05-24 03:13 PM
    How do I send FAX..Please guide me through





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  • hcard
    08-24 09:30 AM
    Hcard was there any LUD on your file ?

    Yes, It was 08/05/2007. But that does not matter.



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  • skdskd
    08-26 12:02 PM
    Friends I think a great injustice is being done to NSC filers , their applications are taking months for ead and ap, while TSC filers are getting ead adn AP as soon as they get receipt, do you think this will improve for NSC in future, at this time looks like august NSC filers will haveto wait till the end of the year for EAD,ap, which is sad.


    "My small cut on finger is more painful then somebody's fractured leg"





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  • lj_rr
    09-25 10:10 PM
    Received EAD Ordered email today.
    Filed on July 24 at TSC.
    Receipt mailed on 9/13.



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  • raysaikat
    01-15 09:21 AM
    Hey Everyone,

    My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.

    Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.

    So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.

    Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!

    For F-1 visa, you need to show non-immigration intent; i.e., you do not plan to immigrate to U.S. In your case, the combination that I-130 is pending, you want to apply to a university that does not have your major, etc., sends a very bright red flag.





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  • go2roomshare
    01-03 05:13 PM
    I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.



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  • Canadian_Dream
    10-19 03:10 PM
    Ok my last attempt to convey my thoughts:
    If your H1B is approved and you are granted an extension it only means that your application was approvalble at the time of filling. Now in order to maintain H1B status you should have:
    1. Job with that employer who sponsored H1B
    2. Income as dictated in LCA
    3. Other condition such as NO DUI etc

    Now what if one of the condition in the list above is:
    4. Your I-140 on which the extension is granted should NOT be revoked.

    I know this is not spelled out clearly, becasue in the past no one took this avenue. Now with premium processing everyone wants to do a quick PERM + 140 to get 3 more years on H1B. It is important that USCIS should clarify their stand on it, one way or the other. In fact if any of the service center sets a precedence by simply implying that one's H1B is invald after I-140 is revoked the interpretation will be cleared. Unfortunately it hasn't happend yet or I we are not aware of it. I hope they clarify it sooner than later.

    That's why you have to be quick...Before your earlier employer revokes the petition...(that takes some time..) you got to get a new labor and a new approved I-140 and after that they cannot throw us out technically...
    The whole thing is a mess..





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  • arnab221
    04-14 05:55 PM
    Immigration: 'Birth Tourism' Industry Markets U.S. Citizenship Abroad - ABC News (http://abcnews.go.com/Politics/birth-tourism-industry-markets-us-citizenship-abroad/story?id=10359956&partner=yahoo)

    A New Baby Boom? Foreign 'Birth Tourists' Seek U.S. Citizenship for Children
    More Foreign Mothers Live Abroad to Give Birth on U.S. Soil, Debate Over 14th Amendment

    Millions of foreign tourists visit the United States every year, and a growing number return home with a brand new U.S. citizen in tow. housands of legal immigrants, who do not permanently reside in the United States but give birth here, have given their children the gift of citizenship, which the U.S. grants to anyone born on its soil.

    The number of U.S. births to non-resident mothers rose 53 percent between 2000 and 2006, according to the most recent data from the National Center for Health Statistics. Total births rose 5 percent in the same period.

    Among the foreigners who have given birth here, including international travelers passing through and foreign students studying at U.S. universities, are "birth tourists," women who travel to the United States with the explicit purpose of obtaining citizenship for their child.

    Catering to the women is a nascent industry of travel agencies and hotel chains seeking to profit from the business. The Marmara Manhattan, a Turkish-owned luxury hotel on New York's City Upper East Side, markets birth tourism packages to expectant mothers abroad, luring more than a dozen pregnant guests and their families to the United States to give birth last year alone.

    "What we offer is simply a one-bedroom suite accommodation for $7,750, plus taxes, for a month, with airport transfer, baby cradle and a gift set for the mother," Marmara Hotel spokeswoman Alexandra Ballantine said.

    The hotel estimates the total cost of the package at $45,000.

    Most women stay for two months, Ballantine said, and they make medical arrangements on their own. "Guests arrange and pay for these by themselves," she said of hospital costs that can approach $30,000.

    For those with the means to pay, it's a small price to give a child the full benefits of U.S. citizenship, including the ability to travel freely to and from the United States, easy access to a U.S. education and a chance to start a life here.

    "We found a company on the Internet and decided to go to Austin [Texas] for our child's birth," Turkish mother Selin Burcuoglu told Istanbul's Hurriyet Daily News. "I don't want [my daughter] to deal with visa issues. American citizenship has so many advantages."

    The greatest of those advantages may be the ability of the citizen child to later sponsor the legal immigration of his or her entire family permanently to this country, experts say.

    The "birth tourism" industry, which is difficult to track and remains largely anecdotal, has been on the rise for years, according to government and participants reports. Of the 4,273,225 live births in the United States in 2006, the most recent data gathered by the National Center for Health Statistics, 7,670 were children born to mothers who said they do not live here.

    Many, but not all, of those mothers could be "birth tourists," experts say, although it is difficult to know for sure. The government does not track the reasons non-resident mothers are in the United States at the time of the birth or their citizenship, meaning births to illegal immigrants who live in the United States are counted in the overall total.

    In recent years, many women have come from Mexico, South Korea, China and Taiwan, but the trend now extends to countries in Eastern Europe, such as Turkey, where as many as 12,000 children were born in the United States to Turkish parents since 2003 by one estimate.

    The business of birth tourism is perfectly legal as long as immigrants are able to pay their own way.

    The State Department and Department of Homeland Security have no specific regulations banning pregnant foreigners from entering the United States. But officials say they can and do turn away pregnant women with obvious designs on coming to the United States to take advantage of free medical care. "When determining if an individual will be allowed to enter the U.S., Customs and Border Protection officers take into consideration the date the child is due for delivery and the length of time the individual intends to stay in the U.S.," a Department of Homeland Security spokesman said.

    Still, critics say the practice largely goes unchecked and exploits the true meaning of the 14th Amendment to the U.S. Constitution, enacted after the Civil War to grant citizenship to descendants of slaves.

    "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," the amendment reads.

    "It's really an incorrect interpretation of the 14th Amendment," said Jerome Corsi, a conservative author and columnist who has studied the issue of birth tourism. "Birthright citizenship is a loophole � [and] as it expands into a business for entrepreneurs in foreign countries who offer birth tourism packages, it markets the loophole to attract additional mothers to the U.S."

    Lino Graglia of the University of Texas law school wrote in the Jan. 11 Texas Review of Law & Politics that the authors of the 14th Amendment never would have imagined their words bestowing citizenship to illegal or visiting immigrants.

    "It is difficult to imagine a more irrational and self-defeating legal system than one which makes unauthorized entry into this country a criminal offense and simultaneously provides perhaps the greatest possible inducement to illegal entry," Graglia wrote of birthright citizenship. The Supreme Court has only addressed the issue once, ruling in 1898 that citizenship applies to U.S.-born children of legal immigrants who have yet to become citizens.

    Some legislators, including U.S. Rep. Gary Miller, R-Calif., have called for revising the Constitution to forbid citizenship by birth alone and thereby end the attraction of birth tourists. But other politicos, from both sides of the aisle, say such an approach is politically unrealistic, not to mention unnecessary. "You just turn people down for being pregnant," said Mark Krikorian of the Center for Immigration Studies. "That should be the default position and then there'd have to be some very good reason for an exception."

    Krikorian acknowledged that some people might find a ban on pregnant visitors "outrageous," but questions the rationality of the alternative.

    "Do you really think that's right that somebody here visiting Disneyland should have their children be U.S. citizens, which they'll then inevitably use to get access to the U.S.?" he asked.

    Krikorian and others call the offspring of birth tourists "anchor babies," because they can serve as a foothold for future legal immigration of an entire family.

    Ali Noorani, executive director of the National Immigration Forum, said he sees the debate about birth tourists in a different light, however, noting that arguments about citizenship of children ignore a fundamental question of humanity.

    "If we're a country that cares about families and family values, then why are we blaming the children for a decision the parents made. Their only decision was to take a first breath," he said.

    "What is the State Department going to do? To fill out a visa application have a woman pee on a stick?"

    The United States is one of the few remaining countries to grant citizenship to all children born on its soil. The United Kingdom, Ireland, India and Australia, among others, have since revised their birthright laws, no longer allowing every child born on their soil to get citizenship.



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  • pappu
    06-20 11:39 AM
    jansilal...ltnc!!!! how r u?

    How are you Yabadaba?

    We missed you.. The other day I saw one of your eloquent posts on a site. Wish to see you here more so that this forum is more lively and useful for others.





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  • ivar
    03-12 02:24 PM
    You need to have your old I-140 approved to port PD to your new I-140. If the old 140 is not approved by the time you file you new 140...thats fine. At a later stage when your old 140 gets approved have your lawyer send a letter to the processing center with PD porting request for the new one. At that time your new 140 can be in processing stage.

    Hope this helps.

    My Old I-140 (EB2) from previous employer is already approved but i left that company and joined a new company. I checked status of my Old I-140 online till today it shows approved and i have the original copy of my Old approved I-140. So the question is do i need to send a letter for porting the date after new I-140 is approved or the letter can be sent along with the application for new I-140. OR file new I-140 and later on send a letter to port priority date.

    Second option that comes to my mind is, joining the previous employer again next year... but i am still thinking about that, i am already in my 5th year of H1b.


    Thanks.





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  • techbuyer77
    09-17 01:09 PM
    what is your PD, Country etc?

    My pd is jan 27/2004
    ROW eb3
    Any idea in regard to the consecuences when I naturalize?



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  • geevikram
    01-23 09:38 AM
    Hello,
    I want to register myself with this community and state chapter. I live in the NW suburbs and want to be part of any activity that you may plan. Please let me know or point me to a link on how I can contribute financially to this effort.

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  • bigboy007
    08-23 12:38 AM
    Hcard was there any LUD on your file ?





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  • sunny1000
    11-12 01:50 PM
    From what i know, if you have an Indian Passport and a US Green card, the only countries you can travel to without any visitor/tourist visa requirements are India, USA, Canada, and Bahamas

    Are there any other countries I can go to which don't require a Visa or will grant a visa on arrival?

    Thanks.

    I think switzerland does not reqire a visa (did not until few years ago). There are other Carribean countries such as Domincan Rep, Jamaica etc that don't require a visa, if you have a GC.





    vnsriv
    03-03 10:56 AM
    I took the pain of driving to NY all the way from Boston to get my passport renewed. I woke up at 3:00AM and stated off at 4:00AM so that I could reach the consulate by 8:00AM. I was told by my friends that I would get it in the evening itself. Unfortunately, I was faced with severe disappointment that they are no longer returning the passports on the same day. The worst part about the Indian consulate in NY is that they didn't update their Website. When I called them several times, non one answers the phone and speaks with courtesy.

    After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.

    I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.

    My strong advise to everyone is to send their passports by mail.


    Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.





    win_or_win
    03-30 10:45 AM
    If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.

    Thanks guys for your reply. This was tremendous knowledge that you guys dumped in.

    Let's say if I am on the green card (EAD) , then still I can not evade this tax situation correct ?I mean if they pay me and I pay to the company in India who is really responsible for the service.



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