little_willy
04-13 02:06 PM
Great!!! Thanks IV
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angelfire76
12-19 04:54 PM
--That ought to suck every bit of sanity left! I know "should have..would have..." doesn't matter anymore but I am curious why you did not opt to do labor substitution in june-july period. You should have had a crack at it.
I know people on h1 with consulting companies did better than those who got stuck with one permanent job.Stale career , stale pay and so on...
Do your best and make most of h1b.
Switched from one FTE to another FTE where I was probably the only H1B FTE working with a bunch of contractors and company would not file labor until first appraisal was done i.e. 3 months. By the time the slow-arse attorney completed the PERM requirements it was already September end. It's just frickin crazy,I know, stupidity on my part too in changing jobs. But opportunity knocks on the door once and was not unfortunately in sync with the idiosyncrasies of CIS and DOS. Hindsight is always 20/20 and no point whining. But having to constantly look at the lucky guys makes me say "Kick the H1Bs out; they took my greencard" :D
I know people on h1 with consulting companies did better than those who got stuck with one permanent job.Stale career , stale pay and so on...
Do your best and make most of h1b.
Switched from one FTE to another FTE where I was probably the only H1B FTE working with a bunch of contractors and company would not file labor until first appraisal was done i.e. 3 months. By the time the slow-arse attorney completed the PERM requirements it was already September end. It's just frickin crazy,I know, stupidity on my part too in changing jobs. But opportunity knocks on the door once and was not unfortunately in sync with the idiosyncrasies of CIS and DOS. Hindsight is always 20/20 and no point whining. But having to constantly look at the lucky guys makes me say "Kick the H1Bs out; they took my greencard" :D
ab_tak_chappan
08-13 05:44 PM
Expect no action till the late next year, def. not before elections are over
Count me in. Even though I am in a EB2-India category, I will ensure to render my full support.
Count me in. Even though I am in a EB2-India category, I will ensure to render my full support.
2011 Responsibility Quotes
pappu
12-20 12:04 PM
No response yet from WillIBLucky. Does any other member want to organize the call for this chapter? pls. go ahead. Members need to take active role in the state chapter and keep it alive. It is easy to give ideas and question others but is difficult to actually work for something. I urge chapter members to communicate with each other and organize a call.
more...
sri1309
10-14 05:08 PM
ALL,
While we watch the election drama unfold, here is something everybody can read, if even one of us is lucky to have our story published. Please send emails to the media. Even the president may read it..
Please dont forget to include that we can buy houses, create jobs but only this backlogs from INdia are holding us. And that we are legal Permanent applicants and Already here. Tell them we can help solve housing problem, create jobs.
Please find some email addresses. Trying to find boston.com's email address.
NY Times : letters@nytimes.com,
Washington post : letters@washpost.com
San Jose Mercury News : letters@mercurynews.com
(CNN online to submit a story): http://www.cnn.com/feedback/forms/form11b.html?1
Fox News: americasnewsroom@foxnews.com
While we watch the election drama unfold, here is something everybody can read, if even one of us is lucky to have our story published. Please send emails to the media. Even the president may read it..
Please dont forget to include that we can buy houses, create jobs but only this backlogs from INdia are holding us. And that we are legal Permanent applicants and Already here. Tell them we can help solve housing problem, create jobs.
Please find some email addresses. Trying to find boston.com's email address.
NY Times : letters@nytimes.com,
Washington post : letters@washpost.com
San Jose Mercury News : letters@mercurynews.com
(CNN online to submit a story): http://www.cnn.com/feedback/forms/form11b.html?1
Fox News: americasnewsroom@foxnews.com
gc28262
12-10 05:47 PM
Can we do something about this.
Maybe we can go to a federal court saying it is discriminatory and get a ruling to that effect. This would stop "any" state from coming up with such legislation.
Many states have such rules. We need to deal with at a national/federal level.
We have too many items to worry about. DL should not be one of those.
In this country one cannot work without a driver's license. It is a matter of human rights. When USCIS gives us work authorization that has only 4 months remaining on it, a state ( Texas ) cannot say that I am not eligible to drive in this 4 months.
There is some disconnect here.
Isn't it something similar that happened when Gandhiji was thrown out of a train is South Africa. Gandhi was discriminated based on his color. We are being discriminated on immigration status for our right to work.
Maybe we can go to a federal court saying it is discriminatory and get a ruling to that effect. This would stop "any" state from coming up with such legislation.
Many states have such rules. We need to deal with at a national/federal level.
We have too many items to worry about. DL should not be one of those.
In this country one cannot work without a driver's license. It is a matter of human rights. When USCIS gives us work authorization that has only 4 months remaining on it, a state ( Texas ) cannot say that I am not eligible to drive in this 4 months.
There is some disconnect here.
Isn't it something similar that happened when Gandhiji was thrown out of a train is South Africa. Gandhi was discriminated based on his color. We are being discriminated on immigration status for our right to work.
more...
Radharamesh
04-22 05:06 PM
I have been working for company A for last three years and they filed for H1 extension with Vermont service center under premium processing and today my company fot a fax from USCIS asking some questions regarding my managerial qualifications even though they have filed my application based on senior analyst programmer position. In my department I am the only programmer under my manager. Others are data analyst person and they directly report to my manager. Here are the following questions that has been asked by the USCIS:
************************************************** ********
Provide a short answer to the following questions:
How many subordinate supervisors were under the beneficiary's management ?
What were the job titles and job duties of the employees managed ?
What executive / managerial and technical skills were required to perform the overseas duties ?
What defree of discretionary authority in day to day operations did the beneficiary have in the overseas job.
A final decision will not be made for 33 days. During that time you may submit evidence to overcome the reasons for denial.
************************************************** ********
My visa is expiring on may 15 2008. What will happen if I do not get the approval by May 15 2008 ?
Did anyone received a letter like that before ?
Do you think the last statement of USCIS mean that I am right now rejected for extension and my approval depends on the document I am supplying ?
How we should approach the answer to the above questions ?
Any uick help will be appreciated as we have to reply to USCIS very quickly.
thanks in advance
Radharamesh
************************************************** ********
Provide a short answer to the following questions:
How many subordinate supervisors were under the beneficiary's management ?
What were the job titles and job duties of the employees managed ?
What executive / managerial and technical skills were required to perform the overseas duties ?
What defree of discretionary authority in day to day operations did the beneficiary have in the overseas job.
A final decision will not be made for 33 days. During that time you may submit evidence to overcome the reasons for denial.
************************************************** ********
My visa is expiring on may 15 2008. What will happen if I do not get the approval by May 15 2008 ?
Did anyone received a letter like that before ?
Do you think the last statement of USCIS mean that I am right now rejected for extension and my approval depends on the document I am supplying ?
How we should approach the answer to the above questions ?
Any uick help will be appreciated as we have to reply to USCIS very quickly.
thanks in advance
Radharamesh
2010 take responsibility for
mrsr
03-06 08:00 PM
hey pd-capturing,
when you go to Info pass office can you also please find out that Interlinking happens auto matically or do we need to send some paperwork to them
when you go to Info pass office can you also please find out that Interlinking happens auto matically or do we need to send some paperwork to them
more...
lvinaykumar
03-01 06:31 PM
i will in chicago. Please add me into the state chapter
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anandsubu74
02-08 09:44 AM
Does anyone know when March bulletin comes out...
more...
BharatPremi
04-18 04:10 PM
got Interview Notice with PD March EB3 India
Can you explain how come your EB3 category is having a tag "RIR"? The reason I am asking is that at one end you claim your PD is March 2007. And in that case you must have been approved through new labor process PERM and PERM does not have RIR and NON RIR criteria. RIR/Regular (non - RIR) is used to be a junk language of old labor style filing.
Can you explain how come your EB3 category is having a tag "RIR"? The reason I am asking is that at one end you claim your PD is March 2007. And in that case you must have been approved through new labor process PERM and PERM does not have RIR and NON RIR criteria. RIR/Regular (non - RIR) is used to be a junk language of old labor style filing.
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neerajkandhari
12-17 07:52 AM
can I accept my salalry through 1099
or do still need to be paisd by W2
or do still need to be paisd by W2
more...
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Aah_GC
07-10 03:22 PM
Just a thought (dont have an answer for you) - why dont you get in touch with a good lawyer? The Murthy's, Khanna's et al?
Good luck!
Good luck!
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cupidking
06-10 11:42 AM
Hello ppl, :)
I'm from the western suburb of Chicago..l'm new to this forum and would like to sign-up / subscribe for the IL Immigration forum.. Please let me know the process involved..
Thank you
I'm from the western suburb of Chicago..l'm new to this forum and would like to sign-up / subscribe for the IL Immigration forum.. Please let me know the process involved..
Thank you
more...
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skd
08-21 12:41 PM
RN received on today from TSC
PD: 8/2006
LC Approved: 9/2006
EB2 140 Approved: 10/2006
485 filed on 7/2 @ TSC
RN 7/2
ND 8/13
What is your first 6-7 charecter of Receipt Number
like SRC0724******
PD: 8/2006
LC Approved: 9/2006
EB2 140 Approved: 10/2006
485 filed on 7/2 @ TSC
RN 7/2
ND 8/13
What is your first 6-7 charecter of Receipt Number
like SRC0724******
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bbct
02-17 05:51 PM
Also be prepared for a backlash ..make sure you have your bases covered.
-good luck
kris
I have an email reply saying -
1) They are not going to provide a corrected W2 since they changed the payroll company starting 01/01/2009
2) The HR has asked me to report those wages even without a W2
3) They also wrote they have not received the Insurance Company payment statements which was not true because the Insurance Company did mailed those documents in the 2nd week of January and the HR also confirmed over the phone that they have received.
I have the statements from the Insurance Company that shows SS and Medicare taxes withheld. The statements also say it should be reported in the year end W2. I have also faxed the Insurance Company statements to them and have a confirmation report.
I really didn't want to file a complaint but since my wife has to receive W2 for the next year 2009 also, I felt they might do the same next year.
-good luck
kris
I have an email reply saying -
1) They are not going to provide a corrected W2 since they changed the payroll company starting 01/01/2009
2) The HR has asked me to report those wages even without a W2
3) They also wrote they have not received the Insurance Company payment statements which was not true because the Insurance Company did mailed those documents in the 2nd week of January and the HR also confirmed over the phone that they have received.
I have the statements from the Insurance Company that shows SS and Medicare taxes withheld. The statements also say it should be reported in the year end W2. I have also faxed the Insurance Company statements to them and have a confirmation report.
I really didn't want to file a complaint but since my wife has to receive W2 for the next year 2009 also, I felt they might do the same next year.
more...
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waitnwatch
05-06 01:49 PM
It is true that the community colleges(A) and Arizona board of regents(B) set the guidelines but they have to follow Arizona Statutes which state that people with lawful immigration status are entitled to instate tuition. Therefore if (A) and (B) are not on the same page one could raise questions.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
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Leo07
12-10 09:26 PM
I missed the train too...Now I don't want to miss the omnibus.
Please contribute to IV and reach your goal!!!
This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.
Thanks
Ram
---------
EB3 India PD Feb,2006
Please contribute to IV and reach your goal!!!
This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.
Thanks
Ram
---------
EB3 India PD Feb,2006
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bangalored2007
10-06 11:19 AM
lets meet obama..
pidurika
02-08 10:48 AM
Hello guys,
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
One of friends got advice from a tax consultant about the 401K withdrawal question you have. The best approach in this case would be to phase out the withdrawal amounts over a period of successive years. When you are in India, you are not earning US income. So say if you take 10K the first year, it will be considered income earned in US for which you have to pay tax. Since 10K is below the standard deduction amt, you will not have to pay any tax. The penalty will still apply as you are breaking the 401K.
Disclaimer - Talk to a tax professional.
Thanks
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
One of friends got advice from a tax consultant about the 401K withdrawal question you have. The best approach in this case would be to phase out the withdrawal amounts over a period of successive years. When you are in India, you are not earning US income. So say if you take 10K the first year, it will be considered income earned in US for which you have to pay tax. Since 10K is below the standard deduction amt, you will not have to pay any tax. The penalty will still apply as you are breaking the 401K.
Disclaimer - Talk to a tax professional.
Thanks
GCard_Dream
05-05 08:18 PM
This may be affecting a lot of IV members so I thought I bring it up and share the pain with everyone. Some universities in US, like Arizona State University, consider the folks on H1-B or L-1 or EAD non-resident for tuition purposes and charge much higher tuition fee despite the fact that you pay all your taxes, have permanent home in the state, and have been living in the state for years. As far the State is considered, you are a resident but the university chooses not to accept that definition and purposely define you non-resident so that you could be charged much higher tuition fee.
If you are an international student, came to whatever state to study only, have never lived in that state before, and have never paid a dime in taxes in that state then it makes sense to classify you as a non-resident but it doesn’t make any sense to call you non-resident if you have been paying your taxes, made the state your permanent home, and have been living there for years.
Have any of you been in similar situation? If so, did you do anything to address the issue other than just paying the damn high fee? Does this discriminatory university policy violate any federal law?
Any suggestion and discussion would be very much appreciated.
If you are an international student, came to whatever state to study only, have never lived in that state before, and have never paid a dime in taxes in that state then it makes sense to classify you as a non-resident but it doesn’t make any sense to call you non-resident if you have been paying your taxes, made the state your permanent home, and have been living there for years.
Have any of you been in similar situation? If so, did you do anything to address the issue other than just paying the damn high fee? Does this discriminatory university policy violate any federal law?
Any suggestion and discussion would be very much appreciated.
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