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  • PD_Dec2002
    03-18 07:17 AM
    Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?

    An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:

    Topic 851 - Resident and Non–Resident Aliens

    You are considered a resident alien if you met one of two tests for the calendar year.

    The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.


    The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:

    All 50 states and the District of Columbia.
    The territorial waters of the United States.
    The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.

    To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.

    For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html

    Regards,
    Jayant

    P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)




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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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  • tinamatthew
    07-22 10:09 AM
    Hi Scedule A!

    I am RN from Moldova, waiting for DS230 approval since October 2006.
    Are there anyone in the same situation?
    It seems to me that no one care about nurses on this forum. So I decided to highlight the problem briefly.

    Why should nurses have their personal immigration schedule and different faster line?

    1 - The shortage of nurses is more severe then ever in the US history. The fact is confirmed by DOS, The American Hospital Asociation, and the Coalition to Improve Healthcare Staffing.
    2 - Existing mechanisms are not able to improve the situation, Vice versa, the situation is going to be vorce in the near future.
    3 - Healthcare is one of the most relevant aspects of national economy, because it affects all other spheres of the economy.
    4 - The preimmigration qualifining process for nurses is long, expensive, and complicated. Aproximately 2 - 3 years (CP or CES, NCLEX-RN, IELTS, or TOEFL+TSE) long, and $5000 - $7000 cost. If we add these 2-3 years to the period of immigration we will have outstanding 5 - 9 years of waiting! And we should bare in mind that this is the only way for nurses.
    5 - From the last 50000 visas for Schedule A only 17000 were used by nurses and PT, other were used by their spouses and children. So the actual number of nurses intered the US is realy small.

    The situation is critical!
    As far as I see the problem, the only choice for us is allocation of visa numbers(recaptured or new) directly for schedule A. All other options are not good enought either for nurses or for the US Healthcare, because now we are in EB3 and have to compete with other professionals in the respective category. So we have to wait for 4 -5 years to get our CG. And practicaly, as I mentioned above, the GC is the only option for nurses, because emploiers do not want to sponsor us for a non immigrant visas.

    Actually nurses have the H1c visa, but there are only 500 a year and only 14 hospitals in the whole country can apply for these visas. These visas last 3 years and after that the nurse has to leave the country. Not that employers don't want to apply for visas, it is just that many nursing positions DO NOT qualify for H1B! So the only viable option for nurses is the GC!

    Cornin recent ammendment was too good to became true! It was awful to read that it was defeated...

    Nurses, where are you?!
    Please, reply and share your opinions.

    Good points chisinau

    Actually nurses have the H1c visa, but there are only 500 a year and only 14 hospitals in the whole country can apply for these visas. These visas last 3 years and after that the nurse has to leave the country. Not that employers don't want to apply for visas, it is just that many nursing positions DO NOT qualify for H1B! So the only viable option is the GC

    Will the July visa bulletin help you in anyway?




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  • akhilmahajan
    10-21 02:52 PM
    I have already sent the emails and will be sending the letters Tomorrow.

    GO I/WE GO.



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  • ganesh babu
    02-15 11:55 PM
    hi i have come to the u.s. on a f2 visa and currently my spouse is doing her OPT.i applied for a driving licence in georgia and i was issued a learners permit based on my I94,visa and letter from social security office denying me a ssn.
    i went to the same centre(decatur) for a road test and now they say that we cannot give you a licence because your visa says dependent for a student of wisconsin university,so you should go to wisconsin and get your licence.i went to another dmv centre and after verifying my docs. they let me take the road test and i cleared the test and they asked me to go to the counter to pay money , at that time the person in the counter again asked me for passpoert and i94 and he saw that university of wisconsin stuff on my visa and he said he will not issue a licence and i spoke to the supervisor and he says get a letter from INS ,i showed him my spouse opt card and showed him the words in the card which reads"eligible to work in u.s. upto ----").now he says that is your spouse opt card ,what autorisation do you have to stay in GA ?
    has any one come across such a problem?is so kindly advice




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  • boreal
    08-24 12:42 PM
    And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities

    I dont have any opinions on the main topic here - just wanted to chime in on this one...
    Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...



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  • saveimmigration
    09-10 11:55 AM
    The worst thing that can happen is it retrogresses further next month. I think it will move at a slow pace until the "fiasco"season starts in July




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  • immig4me
    05-04 08:57 AM
    This campaign starts at 4:00 PM EST on 29th April, 2010 and will run until the end of next week. We request all IV members to call the Senate offices listed below between 9:00 AM EST and 5:00 PM EST.

    So, this Campaign runs for another 3 days, IV members need to pick up the phones and start calling. Remember, if no bill is put forth before the end of May, it will be legislatively impossible to take CIR this year.

    It all boils down to, how much are we willing to help our own cause.



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  • bigboy007
    06-02 07:53 PM
    Hey Canadian Dream:

    I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.

    I might agree with your conclusion of start date, but Now coming to to cases :

    Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.

    An approved petition may server as basis for issuance of an immigrant visa.

    and for all people who are still in Labor stage will preserve their priority date.

    Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.

    I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
    ===========================

    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.




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  • ArkBird
    02-24 01:17 AM
    And still people love it !!!

    Lost Until Death!

    ~GCA



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  • eb3_nepa
    03-13 02:26 PM
    by all means Logi, drink up, just take a cab home ;)




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  • ashutrip
    06-20 12:35 PM
    Do you know if you got an audit? Any idea about how they decide to do audits?
    per my lawyer...chances of audit is less for EB3



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  • ramus
    07-18 02:19 PM
    Lets keep working on this thread... We had 5000 new members joined IV.. Now we know what IV can do and is capable of doing.

    Now IV has delivered and its our time to deliver.

    Lets keep this thread alive...

    Everybody do 2 important things.

    1) Make recurring contributiong.
    2) Ask other to do it now.



    Thank you all.




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  • regacct
    05-03 08:09 AM
    Got to step it up with Sen Brown and Sen LeMieux, along with Sen Cornyn!



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  • rongha_2000
    04-30 04:36 PM
    What you say is absolutely correct, but I dont see any discussion to that effect happened today. USCIS folks painted a picture of how USCIS is increasing its efficiency and how last years surge is causing problems. There was no conclusion or even an attempt made to say "Yes, if these numbers are captured, the process will be faster." On the contrary to the question of removing the country cap the USCIS captain said "It has a resource implication.."

    Hope are dying away faster than the beach sand that slips away from your hand.

    Only positive thing that happened today and this is my 100th post and I graduated to senior member. :D

    For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.

    I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.




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  • snhn
    06-10 11:32 AM
    Drunk With ImmigrationVoice. :D

    good to see that we still can laugh in such uncertain times as far as immigration is concerned. made me laugh... surprise seeing this funny comment coming from Pappu.... good one...



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  • iak1973
    09-07 10:54 AM
    Hi;

    Landed in 2006;
    Changed my company in 2007 to company B
    Filed my Labor in Sept 2007;
    Filed my I-140 in sometime in July cleared
    Waiting for dates.


    Arun




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  • santb1975
    06-05 10:41 AM
    I will update our numbers tonight




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  • JazzByTheBay
    09-29 08:01 AM
    2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!

    Hahaha! It sounds that you're really mad though! I am optimistic that I'll get my GC next year! No need to wait for 2009!

    Unusual and unjustified optimism is the hallmark of great leaders and delusional fools. :)

    Don't want to get political on this forum, but you probably know the consequences in the context of the current state of world affairs.

    hypophobia: While many people today are plagued with excessive fear and anxiety it seems that there are others who have too little anxiety, a condition which has been termed "hypophobia" (1, 2 (http://www.chester.ac.uk/%7Esjlewis/DM/TEXTS/TEXT2.HTM), 3 (http://www-personal.umich.edu/%7Enesse/Articles/TestEvolHypsMentDisord-1999.PDF), 4 (http://clawww.lmu.edu/faculty/tshanahan/DarMed.html), 8 (http://psych.unn.ac.uk/pdf/beh_res_prep/br_poulton.pdf)). Since anxiety is a defensive or adaptive emotion which serves to protect us from dangers (see Darwinian Medicine (http://www.holistichealthtopics.com/HMG/adapt.html)), those who lack such normal fears may fail to perceive the dangers which confront them everyday. Such people may be seen as foolhardy or risk takers since they lack the normal inhibitory fears which serve to prevent excessive risk taking. It is for this reason that the frequently unrecognised hypophobia may be a rather dangerous condition. As has been noted by Nesse (5 (http://www-personal.umich.edu/%7Enesse/Articles/WhatDarMedOffersPsychiatry-1999.pdf)), "too little anxiety may be worse than too much."
    http://www.holistichealthtopics.com/HMG/anxiety.html


    jazz




    Green.Tech
    06-21 11:07 AM
    ...to lobby for these bills.

    Please revive the funding drive by your valuable contribution.




    arunmohan
    06-24 06:39 PM
    I agree with mpadapa,albertpinto and other folks.

    US is going to gain something.

    - We are staying in the apartment more than 8-9 years, we want to live in the own house but we cannot buy a house.

    - We have some idea and we want to implement it but we cannot do it.

    - We want to send our kids in the private school but we are sending in the public school and charted school.

    - We want to go for MBA/Higher education on own expense but we cannot do it.

    - We want to buy 57-60 inch LCD TV and other luxorious items but We cannot buy it.

    - We want to go on the Vacation/Home country but we cannot go.(Visa restriction for people whose H1 is expired or working on the EAD)


    Money is required for all above items. Each item will give at least micro level boost up to the US economy. But without GC we cannot spend/invest our hard earned money. Because we don't know what is going to happen of our status tomorrow.

    Another most important things, when we came to this country most of us were mid twenties and now most of us are mid thirties. We earned money but we gave best of time of our life to this country.



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