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  • wellwishergc
    07-06 10:47 AM
    Cool down, nixstor! you made your point! Take a deep breath, relax and post with a rational thought process. You are not helping by continuing to post negatively.

    Personally, I think we can utilize this issue for the following:
    1) Urging our congressmen/senators to pass some short-term benefits like recapture of visas (Obudsman report indicates that around 180,000 visas were not used in the past years). This is a golden opprountinity for us to urge congressmen/senators to pass a bill to release those unused numbers for getting immediate relief.

    2) FBI name-check process needs to be made faster; so additional funding could help. (Obama Bill)

    If we leverage this issue on the above and focus all the efforts on the above two points, we will be better off. I hope the core group is already working towards the above two objectives.

    Yeah, tell me the same thing when all of us will wait for 6 or 7 years if they dont fix the system and continue to do security check on us. We know that we are NOT bad people. Its difficult to prove that in existing conditions. People are paranoid about every thing right now.





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  • pappu
    11-30 01:21 AM
    Great work Jimi and the CA chapter members!





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  • Saralayar
    03-04 03:36 PM
    bole to sub ka current booking main chance lagta hai....ticket milega...subko...:)....bahoot jaldi....
    What do you mean buddy??. It is a common forum. Use common language. For lot of people it looks like "Greek and Latin":confused:.





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  • manugee
    09-10 02:26 PM
    Though small, I made my contribution ($100 via Google).

    I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.


    Good luck,

    Manish Jain.



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  • vparam
    09-14 03:51 AM
    For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.

    1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.

    2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....

    3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....

    4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....

    5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant

    6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...


    Hope I have been able to answer your questions....:cool:





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  • krishmunn
    02-24 10:00 AM
    If one can handle stress, anxiety and trauma while waiting for GC, then its worth waiting. If not, people like me start looking at options. I applied for Canadian PR in 2008 and just did CDN landing last week which gave my family feel of "cold weather".
    I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.

    We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.

    Bhattji

    I am planning to do the same ... apply for CDN PR. How much time did it take for you ? Also, much time do they allow for landing ? Do you need a US Visa to return after CDN Landing ?



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  • raju123
    06-01 04:00 PM
    This might be useful to you.

    Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"

    The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.

    Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.

    Example 1
    The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
    According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.

    Example 2
    Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.

    Example 3
    Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.

    Example 4
    Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
    Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.

    Example 5
    Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.

    Example 6
    Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.

    For more information about "Age Out", please click the following topics:

    What is "Age Out"
    Child Status Protection Act
    If you are a USC, does CSPA prevent your child from "aging out"?
    If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
    Age Out Problems in Employment-Based Immigration
    Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
    Child of Asylee and Refugee
    Unmarried Sons or Daughters of Naturalized Citizens
    Effective Date of the CSPA


    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...





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  • chintainfogc
    07-14 02:06 PM
    Sent $ 25 via online bill pay

    Confirmation Number: 7YB35-12VJB

    Thanks
    Chinta



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  • ngopikrishnan
    10-22 10:26 AM
    Can someone suggest a good attorney (based on your personal experience) for sending AC21 letters to the USCIS? If possible please post the cost involved as well. Preferably in CT/NY/NJ area, any other area is fine too. Thanks!





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  • smc
    09-29 08:15 AM
    If this guy Emilio were the CEO of a company here, and if they wasted visa numbers in October after announcing in July that they had exhaused all of them, he would be fired almost immediately.

    I guess they think that they are not answerable to anyone, so they can get away with it.There is no one to question them.



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  • gcisadawg
    03-04 11:43 PM
    do have your 140 approved?

    Nope, still waiting for I-140. Opened a ticket with both local congressman and USCIS.
    CM replied saying "file is with manager for review".....whatever that means...

    Still waiting to hear from USCIS for SR.





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  • mirage
    03-31 06:15 PM
    How insane you are, you are giving the credit of that to USCIS ??? I think you were sleping when people had rallies in CA and IV had 'flowers to USCIS' campaign, how about Zoe Lofergn's threat, I'm sure you don't know any thing. USCIS shares most of the responsibility of you and I being on this forum. USCIS was doing a tardy job and wasting several thousand green card numbers every year that's why DOS had to push them by making the world wide dates current. And 'no' they did not 'realize' any mistake, they did not want to get into legal trouble and get publically exposed(Zoe Lofergn asked for emails and all communication regarding Visa cut off dates). So they took the shortest and safest way to get out ...that u r crying over USCIS issues? Chill dude :). They were gracious enough to realise their mistake last year and hand out EADs to everyone. Full marks to USCIS for being spontaneous and doing the right thing at the right time. Infact its ppl like u who will always keep cribbing no matter what. Even after u get ur GC u will crib over citizenship delays. Shame on u.



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  • slammer
    07-11 06:27 AM
    Here's the link

    http://mumbai.usconsulate.gov/cut_off_dates.html


    No good news for EB 3 WW ?!

    Rita





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  • Libra
    09-10 04:56 PM
    thank you, 21k more....com' on we can do this.

    Contributed $100 via Google checkout.



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  • ras
    07-06 01:28 PM
    We just need 20,000 active members to make a change, which is approx 10% of the total number of GC apps pending. At the most 2000 people are active.

    If somebody can being in 20,000 active members to this forum, the change will happen.

    I dont think all the 20,000 members need to be active every day or every week. What is that you are expecting them to be active every day. If we are not able to pull the crowd, it is not the inability of the crowd but the leadership. Crowd whether it is Indian or other is always like that. It is the effective leadership that makes the difference. For example if you take Martin Luther King, Gandhi or for that matter any leader, it is their speeches/actions that inspired people to involve in the movement not just the people came all by themselves.





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  • illinois_alum
    08-12 12:36 PM
    Not true. Whatever they can outsource, its already gone. There are certain position where the clients demand onsite resource. I am not supporting this bill in anyway, I hate infy as much as I hate this bill. Remember these companies did not leave any stone unturned, milked the client every possible way and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.

    This was a practice only done by TCS a few years ago. And even that has stopped now (albeit because of a lawsuit filed by some employees)



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  • akred
    03-30 06:17 PM
    Last I knew every H1 is a non-resident alien.

    Well you knew wrong. As long as you stayed in the US for more than 183 days in 2007, you are a resident for tax purposes.

    If you are falling short of the 183 day requirement, you can opt to fulfill the 183 day requirement by counting 1/2 of the days of the prior year (2006) or 1/3rd of the days of the year before that (2005) that you were physically present in the US.





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  • kumar4875
    09-07 02:47 PM
    came to USA in jan 1999
    started GC process in sept 2002 after 2001 recession
    hanged on the small employer to keep the priority date
    I140 is denied becuase he is irregular with the tax returns etc. during jul2008.$15000 drained.:mad:
    applied with another employer in dec2008 in EB3 as he denied to file in Eb2.

    thinking about relocating to India now.





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  • delhirocks
    06-01 04:19 PM
    So basically if this becomes law..Iam screwed..I am in my 30 day waiting period to file for my Labor in Jul-07 & want to get a 7th year extention in June-08. Am I reading it right?
    thx





    makemygc
    07-06 02:19 PM
    Make sure you don't have internet in that area :D (You might accidentally login here are ruin your vacation)

    Well that's hard to find because in India even villages have better communication system these days. They all use cell phones since govt could not provide land lines. Internet is definitely all over the place.





    chanduv23
    02-24 01:17 PM
    Dont assume that people who gone back to India and working a manager are living happily without any issues.
    One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.

    That is right. Every place has its problems. And when you are an employee - u r ONLY an employee no matter what. To come up in life or to grow, the onus is on you. It is you who choose what you want to be. If you want to return to your home country, the choice is yours and you must do it wholeheartedly, use your US experience and do something there. The world is full of options and you can chose what you want and percieve.

    Navigating the system in India is not as easy as people think - u will have to tackle crocodiles and sharks for your so called dream job.



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