StuckInTheMuck
08-08 04:40 PM
Two alligators are sitting on the edge of a swamp. The small one turns to the big one and says, "I don't understand how you can be so much bigger than me. We're the same age, we were the same size as kids. I just don't get it."
"Well," says the big alligator, "What have you been eating?"
"Immigration attorneys, same as you," replies the small alligator.
"Hm. Well, where do you catch 'em?"
"Down at that law firm on the edge of the swamp."
"Same here. Hm. How do you catch 'em?"
"Well, I crawl under a BMW and wait for someone to unlock the door. Then I jump out, bite 'em, shake the crap out of 'em, and eat 'em!"
"Ah!" says the big alligator, "I think I see your problem. See, by the time you get done shakin' the crap out of an immigration lawyer, there's nothin' left but lips and a briefcase."
"Well," says the big alligator, "What have you been eating?"
"Immigration attorneys, same as you," replies the small alligator.
"Hm. Well, where do you catch 'em?"
"Down at that law firm on the edge of the swamp."
"Same here. Hm. How do you catch 'em?"
"Well, I crawl under a BMW and wait for someone to unlock the door. Then I jump out, bite 'em, shake the crap out of 'em, and eat 'em!"
"Ah!" says the big alligator, "I think I see your problem. See, by the time you get done shakin' the crap out of an immigration lawyer, there's nothin' left but lips and a briefcase."
wallpaper American Idol Casey Abrams
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.
conundrum
12-18 03:54 PM
be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.
I had promised myself to stay out of this debate. I am not sure it does us any good. But Razi, you gotta be kidding me? So let me try to understand your logic. The Muslims are 'oppressed', according to you, in say Kashmir. OK, for arguments sake let me accept that at face value. How does that justify killing a human being???? Do you even realize that the beauty of democracy, as flawed as it might be in India, is that you get to choose who represents you and the people have the right to choose how they should be governed through their elected representatives. Why is it that the so called Hurriyat guys are sh**ing square brick at the thought of contesting in an election.
Why is it that there are no true democracies in the middle east? Have you ever thought of that? Do you realize that in a country like Saudi Arabia women are oppressed and they have to follow the dictates of the mullahs!! Every person, irrespective of their personal faith is subject to the Sharia laws!! Is that justice!! Why is it that Muslims don�t see oppression within their own country and try wage a jihad against that? Why is it that Muslims don�t want to spend time and effort cleaning up their own house?
Here is some free advice for you, first up why don�t you and any others who feel that Muslims are being oppressed in parts of world where Muslims are a minority wage a jihad in Muslim majority countries and free your society from the injustice that are being passed out to the population in the name of Islam. When I see you do that and that will be day you will be able to point your fingers at other countries. Buddy, first get your house in order before you start pointing fingers. Remember, when you point 1 finger at a person 4 are pointing at you!
I had promised myself to stay out of this debate. I am not sure it does us any good. But Razi, you gotta be kidding me? So let me try to understand your logic. The Muslims are 'oppressed', according to you, in say Kashmir. OK, for arguments sake let me accept that at face value. How does that justify killing a human being???? Do you even realize that the beauty of democracy, as flawed as it might be in India, is that you get to choose who represents you and the people have the right to choose how they should be governed through their elected representatives. Why is it that the so called Hurriyat guys are sh**ing square brick at the thought of contesting in an election.
Why is it that there are no true democracies in the middle east? Have you ever thought of that? Do you realize that in a country like Saudi Arabia women are oppressed and they have to follow the dictates of the mullahs!! Every person, irrespective of their personal faith is subject to the Sharia laws!! Is that justice!! Why is it that Muslims don�t see oppression within their own country and try wage a jihad against that? Why is it that Muslims don�t want to spend time and effort cleaning up their own house?
Here is some free advice for you, first up why don�t you and any others who feel that Muslims are being oppressed in parts of world where Muslims are a minority wage a jihad in Muslim majority countries and free your society from the injustice that are being passed out to the population in the name of Islam. When I see you do that and that will be day you will be able to point your fingers at other countries. Buddy, first get your house in order before you start pointing fingers. Remember, when you point 1 finger at a person 4 are pointing at you!
2011 Casey James American Idol
pthoko
07-17 01:39 PM
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
Thanks Unitednations!
I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
"I don't think that it is worth worrying about this. It is definitely not
unlawful presence, if anything you were out of status, but I think that even this is
debatable. YOu will have to deal with this issue whenever you file, so I would not use
this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.
She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....
So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......
ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??
IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?
CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?
WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
Thanks Unitednations!
I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
"I don't think that it is worth worrying about this. It is definitely not
unlawful presence, if anything you were out of status, but I think that even this is
debatable. YOu will have to deal with this issue whenever you file, so I would not use
this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.
She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....
So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......
ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??
IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?
CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?
WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?
more...
thakurrajiv
04-06 09:01 AM
USDReam2Dust,
Even in good school areas the values came down but not as much as 20, 30 or 50%. In my area, houses above 500K are not selling. But i could see multiple bidders for houses that are good and attractively priced(5 to 10%) reduction. We are probably at 2004/2005 prices right now. The most encouraging thing is people are still buying.
I live in south jersey and i know little bit about the south jersey market. I do not know much about other areas. In south jersey moorestown, mount laurel, marlton, voorhees, cherry hill are good areas to buy. Send a PM and we can discuss further about your specific requirements.
Being a very big ticket item, housing correction takes time. Take stock market typical cycle and multiply it by 10 !!
Right now, some people are jumping in by seeing good combination of low rates and lower prices than 2005 ( BTW which is 200% in real terms from 1999). People still think there is one part of RE which will not suffer which is Good school area. Let me tell you it is just matter of time. Remember the people living in these areas are well off. So they will be last to get affected. Most of these people are at higher positions in their jobs or businessman. What happens when they get laid off ? What happens when businessmen income reduces by half ?
I agree that good areas will be last ones to get affected but they will definitely be. We just need to wait for lay offs to happen, salaries to go down (which is known as recession )etc etc .....
Even in good school areas the values came down but not as much as 20, 30 or 50%. In my area, houses above 500K are not selling. But i could see multiple bidders for houses that are good and attractively priced(5 to 10%) reduction. We are probably at 2004/2005 prices right now. The most encouraging thing is people are still buying.
I live in south jersey and i know little bit about the south jersey market. I do not know much about other areas. In south jersey moorestown, mount laurel, marlton, voorhees, cherry hill are good areas to buy. Send a PM and we can discuss further about your specific requirements.
Being a very big ticket item, housing correction takes time. Take stock market typical cycle and multiply it by 10 !!
Right now, some people are jumping in by seeing good combination of low rates and lower prices than 2005 ( BTW which is 200% in real terms from 1999). People still think there is one part of RE which will not suffer which is Good school area. Let me tell you it is just matter of time. Remember the people living in these areas are well off. So they will be last to get affected. Most of these people are at higher positions in their jobs or businessman. What happens when they get laid off ? What happens when businessmen income reduces by half ?
I agree that good areas will be last ones to get affected but they will definitely be. We just need to wait for lay offs to happen, salaries to go down (which is known as recession )etc etc .....
bajrangbali
06-05 05:35 PM
Your analysis is so spot on except for item #8 and item # 9. I have a question though.. The example you have given suits my scenario so well. I am planning to buy a house (310k ) very soon. The loan offers I have from my lender has interest rates pretty much the same for both 10% down payment and 20% down payment, 5.0 with 20% and 5.25 with 10% down payment. I can down pay 10% right away and the other 10% is also available in a risk free(can withdraw without penalty) cd which yield me a return of 3.5% . So which is better for me 10% or 20% down pay. thanks in advance.
As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see
what it feels like to have owned a home.
If I were you..I would go with the 10% down payment option. Your monthly payment would not increase much and you would have more cash safe in CD for life events.
Consider the rent you are currently paying and make a choice...buying a home should not burden you with more than 10-20% of you current rent payment. In my case I am more conservative and going with a mortgage < my current rent payment.
If it helps, here are my details:
Condo cost: 300K
Down payment: 5% - 15K
Using fed stimulus: 8K towards down payment
Total payment: 7K+closing costs
Current rent: $2200
Mortgage: ~$1500-1600
Price trend in the past 5yrs: down <20% from peak prices
Estimate living time: 2yrs min
Even if house value drops after 2yrs by 10%, the tax savings, equity, happiness would compensate more than enough for it...
I agree everyone's situation is different, but please do not make the mistake of taking a huge burden of payment if you are buying. Always buy within/below your means...
As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see
what it feels like to have owned a home.
If I were you..I would go with the 10% down payment option. Your monthly payment would not increase much and you would have more cash safe in CD for life events.
Consider the rent you are currently paying and make a choice...buying a home should not burden you with more than 10-20% of you current rent payment. In my case I am more conservative and going with a mortgage < my current rent payment.
If it helps, here are my details:
Condo cost: 300K
Down payment: 5% - 15K
Using fed stimulus: 8K towards down payment
Total payment: 7K+closing costs
Current rent: $2200
Mortgage: ~$1500-1600
Price trend in the past 5yrs: down <20% from peak prices
Estimate living time: 2yrs min
Even if house value drops after 2yrs by 10%, the tax savings, equity, happiness would compensate more than enough for it...
I agree everyone's situation is different, but please do not make the mistake of taking a huge burden of payment if you are buying. Always buy within/below your means...
more...
chintu25
08-06 12:59 PM
Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.
This is the chill pill for all of us ....................
This is the chill pill for all of us ....................
2010 NEWS: AMERICAN IDOL BLOG — THE
unitednations
03-26 02:32 AM
http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf
The above link is one of those 35 straight denial decisions due to temporary job issue in 140.
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
The above link is one of those 35 straight denial decisions due to temporary job issue in 140.
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
more...
immique
07-14 10:01 PM
For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.
Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.
I can tell you for sure what kind of results this petition will produce.
1. it will not poduce any spillover to EB3 at all.
2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.
After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.
Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.
I can tell you for sure what kind of results this petition will produce.
1. it will not poduce any spillover to EB3 at all.
2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.
After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.
hair makeup american idol casey 2011. american idol casey 2011. quot;American
just_wait_for_gc
08-11 11:53 AM
this moron has failed to realise the unfortunate fact that UK has been(and continues to be) the head quarters for all terrorists. In fact they need to fix their immigration system .
Anyway I dont give a shit to this freak. My favourite website is no more CNN...
Anyway I dont give a shit to this freak. My favourite website is no more CNN...
more...
eager_immi
02-02 12:22 PM
this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)
[edit] Taxation status of H-1B workers
H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems
[edit] Taxation status of H-1B workers
H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems
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javadeveloper
08-02 12:11 PM
As long as you hadn't overstayed i-94 card by more then six months before you left and re-entered then you still have 245i protection in case uscis should dig further. Just pay the $1,000 penalty when they ask and you will get approved.
245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
1.Overstay of I-94 card's date
2.Unauthorized employment
3.Staying without payslips (with some exceptions like Maternity,paternity,sick)
http://www.murthy.com/adjsta.html click here for more info.
USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong
245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
1.Overstay of I-94 card's date
2.Unauthorized employment
3.Staying without payslips (with some exceptions like Maternity,paternity,sick)
http://www.murthy.com/adjsta.html click here for more info.
USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong
more...
house American Idol 2011: Casey
unitednations
03-26 03:24 PM
UnitedNations,
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
what i have learned is uscis can do anything at any time if they want to.
They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.
However; they do not apply it to everyone.
The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.
However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.
That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.
Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.
In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
what i have learned is uscis can do anything at any time if they want to.
They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.
However; they do not apply it to everyone.
The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.
However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.
That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.
Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.
In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.
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pappu
04-07 05:22 AM
I guess the only way US of A will ever understand its worth in the world is when: (I am just referring to hypocritical US of A'ans, there are good people too.)
1) India and China stop sending so many Engineers and doctors.
2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's
I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.
Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!
please update your profile with full details. We cannot allow profiles with email addresses like name@name.com and no inormation about yourself. Despite repeated requests members have not updated their profiles. We maybe calling members on the forum now publicly so that they update their profiles. When we send out newsletters for any important announcement, they bounce due to email addresses like name@name.com
1) India and China stop sending so many Engineers and doctors.
2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's
I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.
Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!
please update your profile with full details. We cannot allow profiles with email addresses like name@name.com and no inormation about yourself. Despite repeated requests members have not updated their profiles. We maybe calling members on the forum now publicly so that they update their profiles. When we send out newsletters for any important announcement, they bounce due to email addresses like name@name.com
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axp817
03-26 05:50 PM
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?
I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.
Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?
sorry, I don't mean to drag this topic on forever.
thanks,
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?
I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.
Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?
sorry, I don't mean to drag this topic on forever.
thanks,
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zshakyaz
03-25 11:43 PM
ok..People its been more than 6 months since some adventure in my case :D
OK..today morning I got a call from a lady voice saying she is from Immigration services..
The call ended by the time I realized my senses..here is the short story
Immig: We are verifying your details and need from information to process
Me: sure.
Immig: WHo do you work for
Me: Blah Blah employer
Immig : Where do you work and who is your client
Me: Blah Blah
Immig: When did you first came to US. Where is Port of entry..
Me: blah blah
Immig: Do you have all of your IT contracts details.
Me: COntracts? Since they are property of my employer..I dont have.
Immig: We need to see your contracts with the clients..
Me: hmm...I can try but I dont know if I can get them
Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
Me: OK..I will try..
Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
Me: Ok..blah..blah email
Immig: I need All phone numbers and all supervisors of all clients you worked with in US
Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company
Immig: Ok..done..I will send email..
Me: thank you
I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
Nevertheles..does anyone know what this is all about?
Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.
Just curious :confused::confused:
(:this is all true regarding Immigration Services calling then)
Hey guys I also got a call from Immigration Services today on March 25 2009 .
this is what happened
First he started confiming he was talking to the right person
And told My g-28 hasn't been properly signed and completed.
Caller didn't ask me for my personal i nformation
he confirmed my name, dob ,my last entry . address, wifes name address dob
my parents name , my in laws name. He even told g28 it was signed by my HR manager.
He had all the information, he didn't ask for any personal information.
He asked if there was any other names used.
He joked about me not smiling on the picture, he confirmed when the finger prints were completed
After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.
I am taking infopass tommorrow and confirming and if true I am going have it stamped
I hope this is all true.
OK..today morning I got a call from a lady voice saying she is from Immigration services..
The call ended by the time I realized my senses..here is the short story
Immig: We are verifying your details and need from information to process
Me: sure.
Immig: WHo do you work for
Me: Blah Blah employer
Immig : Where do you work and who is your client
Me: Blah Blah
Immig: When did you first came to US. Where is Port of entry..
Me: blah blah
Immig: Do you have all of your IT contracts details.
Me: COntracts? Since they are property of my employer..I dont have.
Immig: We need to see your contracts with the clients..
Me: hmm...I can try but I dont know if I can get them
Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
Me: OK..I will try..
Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
Me: Ok..blah..blah email
Immig: I need All phone numbers and all supervisors of all clients you worked with in US
Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company
Immig: Ok..done..I will send email..
Me: thank you
I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
Nevertheles..does anyone know what this is all about?
Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.
Just curious :confused::confused:
(:this is all true regarding Immigration Services calling then)
Hey guys I also got a call from Immigration Services today on March 25 2009 .
this is what happened
First he started confiming he was talking to the right person
And told My g-28 hasn't been properly signed and completed.
Caller didn't ask me for my personal i nformation
he confirmed my name, dob ,my last entry . address, wifes name address dob
my parents name , my in laws name. He even told g28 it was signed by my HR manager.
He had all the information, he didn't ask for any personal information.
He asked if there was any other names used.
He joked about me not smiling on the picture, he confirmed when the finger prints were completed
After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.
I am taking infopass tommorrow and confirming and if true I am going have it stamped
I hope this is all true.
more...
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unitednations
07-10 01:42 PM
Hello United Nations..
After looking into above message...I have some doubts, could you please clarify them.
1. In order to file 485, the person must have a valid visa in his passport?
In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?
2. What is auto revalidation?
I appreciate for your answers.
Thanks
RR
No; you don't have to have a valid visa in your passport to file the 485. You are just supposed to be in non immigrant status (ie., f1, f2, h1, h4, etc.). Your I-94 card if expired; should not have expired more then six months prior to filing 485.
Auto revalidation is one of the neatest little escapes to gettting back into proper status. Essentially; when entering into usa; one needs a valid visa to enter. However; auto revalidation is when a person goes to Canada or Mexico; stays less then 30 days; doesn't try to visit another country; doesn't attempt to go for visa stamping; has a valid/unexpired I-94 card (this also means unexpired I-94 card on a notice of action) then you can re-enter usa without a valid and unexpired visa.
This concept is actually very difficult for people to believe that if their visa is expired but they have a valid i-94 card that they can go to canada and re-enter usa without a visa. since you are resetting your date of last entry by going out and coming back in then it helps greatly in using 245k since you have reset the date of your last entry into usa.
Without auto revalidation; if you wanted to go out and come back in and take advantage of 245k then you would have to go for visa stamping in order to be allowed back in. However; consulate can check back to your earliest entry into usa and ask for paystubs/w2's as far back as they want (sometiemes they will ask you for all the way back). If they don't like what they see then they may not approve the visa and you are stuck.
After looking into above message...I have some doubts, could you please clarify them.
1. In order to file 485, the person must have a valid visa in his passport?
In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?
2. What is auto revalidation?
I appreciate for your answers.
Thanks
RR
No; you don't have to have a valid visa in your passport to file the 485. You are just supposed to be in non immigrant status (ie., f1, f2, h1, h4, etc.). Your I-94 card if expired; should not have expired more then six months prior to filing 485.
Auto revalidation is one of the neatest little escapes to gettting back into proper status. Essentially; when entering into usa; one needs a valid visa to enter. However; auto revalidation is when a person goes to Canada or Mexico; stays less then 30 days; doesn't try to visit another country; doesn't attempt to go for visa stamping; has a valid/unexpired I-94 card (this also means unexpired I-94 card on a notice of action) then you can re-enter usa without a valid and unexpired visa.
This concept is actually very difficult for people to believe that if their visa is expired but they have a valid i-94 card that they can go to canada and re-enter usa without a visa. since you are resetting your date of last entry by going out and coming back in then it helps greatly in using 245k since you have reset the date of your last entry into usa.
Without auto revalidation; if you wanted to go out and come back in and take advantage of 245k then you would have to go for visa stamping in order to be allowed back in. However; consulate can check back to your earliest entry into usa and ask for paystubs/w2's as far back as they want (sometiemes they will ask you for all the way back). If they don't like what they see then they may not approve the visa and you are stuck.
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axp817
03-26 05:57 PM
Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.
Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.
UN, Thank you for following up on my question on the Baltimore case.
Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.
UN, Thank you for following up on my question on the Baltimore case.
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puddonhead
06-26 04:43 PM
All your calculations are meaningless if the house price keeps going down 20% like the past few years. We will reach a point where the house price crash stops and starts to stabilize. That point is couple of years away. Until then, we can ignore the rent vs mortgage calculations.
Well - your approach smells of speculation, which is pretty dangerous!!
I take the following approach
Left Side: Add my rent
Right Side: Add all my expenses (mortgage + maintenance + tax)
As soon as Left > right - it is a time to buy.
If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.
However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.
Well - your approach smells of speculation, which is pretty dangerous!!
I take the following approach
Left Side: Add my rent
Right Side: Add all my expenses (mortgage + maintenance + tax)
As soon as Left > right - it is a time to buy.
If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.
However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.
StuckInTheMuck
08-05 02:13 PM
Dick Cheney walks into the Oval Office and sees The President whooping and hollering.
"What's the matter, Mr. President?" The Vice President inquired.
"Nothing at all, Dickie. I just done finished a jigsaw puzzle in record time!" The President beamed.
"How long did it take you?"
"Well, the box said '3 to 5 Years' but I did it in a month!"
"What's the matter, Mr. President?" The Vice President inquired.
"Nothing at all, Dickie. I just done finished a jigsaw puzzle in record time!" The President beamed.
"How long did it take you?"
"Well, the box said '3 to 5 Years' but I did it in a month!"
gimme_GC2006
03-27 03:47 PM
AO? Adjudicating officer?
Good luck, keep us posted.
Yes..
Thank you :D
Good luck, keep us posted.
Yes..
Thank you :D
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