go_guy123
07-20 10:09 AM
He did not voted
Clinton / Obama will never vote in favor of H1B / EB immigration now as they are running for election.
Clinton / Obama will never vote in favor of H1B / EB immigration now as they are running for election.
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gclabor07
05-30 02:22 PM
Let's contribute and give IV the muscle it needs. Can we?
ssnd03
04-02 12:57 PM
For the green card, I'll bet you I'll get it next month.
Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
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Jimi_Hendrix
11-14 01:59 PM
Our count is now at 9 members. This is fabulous. I am really looking forward to some communication from core team about action items.
more...
srinivas_o
09-02 01:40 PM
Landed in August 2000.
Company A filed Eb2 labor in Aug 2003, went to backlog center, got an intent to deny letter, replied to that letter, eventually got denied.
Company B filed EB3 labr in Sep 2004, luckily filed I-485 in July 2007, got EAD.
Now working for Company C on EAD as an FTE using AC21 memo feature.
Company A filed Eb2 labor in Aug 2003, went to backlog center, got an intent to deny letter, replied to that letter, eventually got denied.
Company B filed EB3 labr in Sep 2004, luckily filed I-485 in July 2007, got EAD.
Now working for Company C on EAD as an FTE using AC21 memo feature.
apb
03-06 05:16 PM
Few observations based on thread postings
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
more...
gccovet
11-21 05:04 PM
Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer
This is exactly my lawyer mentioned, AOS deined, you are still good to continue work (and wind up in USA) till your H1(i-94) expires. Hence, it is deemed as "safety". Person gets time to windup before the final bye-bye.
GCCovet
This is exactly my lawyer mentioned, AOS deined, you are still good to continue work (and wind up in USA) till your H1(i-94) expires. Hence, it is deemed as "safety". Person gets time to windup before the final bye-bye.
GCCovet
2010 I have naturally lack hair
IV2007
04-02 11:20 AM
Guys,
I read through all of your posts.
One question I am not clear is:
I am on H1-B. I don't intend to change my status.
I start my LLC & work part time in the LLC on EAD. Is this possible ?
I am not sure if H1 gets invalidated by doing this. If so, the only alternative I found is hire others to do it or open a partnership LLC.
Am I correct ?
I read through all of your posts.
One question I am not clear is:
I am on H1-B. I don't intend to change my status.
I start my LLC & work part time in the LLC on EAD. Is this possible ?
I am not sure if H1 gets invalidated by doing this. If so, the only alternative I found is hire others to do it or open a partnership LLC.
Am I correct ?
more...
gc_maine2
04-04 10:27 AM
:confused::confused:
I am excerpting Internal Revenue Code Section 1361 below:
Internal Revenue Code
� 1361 S corporation defined.
(a) S corporation defined.
(1) In general.
For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.
(2) C corporation.
For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.
(b) Small business corporation.
(1) In general.
For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�
(A) have more than 100 shareholders,
(B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,
(C) have a nonresident alien as a shareholder, and
(D) have more than 1 class of stock.
(2) Ineligible corporation defined.
For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�
(A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,
(B) an insurance company subject to tax under subchapter L,
(C) a corporation to which an election under section 936 applies, or
(D) a DISC or former DISC.
There is no mention here that the "resident" must be a permanent resident.
Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:
Reg �1.871-2. Determining residence of alien individuals.
Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357
(a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.
(b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.
Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:
Reg �1.871-4. Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.
(b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.
(c) Presumption rebutted.
(1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.
(c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.
In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.
Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!
Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??
Thanks
sree
I am excerpting Internal Revenue Code Section 1361 below:
Internal Revenue Code
� 1361 S corporation defined.
(a) S corporation defined.
(1) In general.
For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.
(2) C corporation.
For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.
(b) Small business corporation.
(1) In general.
For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�
(A) have more than 100 shareholders,
(B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,
(C) have a nonresident alien as a shareholder, and
(D) have more than 1 class of stock.
(2) Ineligible corporation defined.
For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�
(A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,
(B) an insurance company subject to tax under subchapter L,
(C) a corporation to which an election under section 936 applies, or
(D) a DISC or former DISC.
There is no mention here that the "resident" must be a permanent resident.
Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:
Reg �1.871-2. Determining residence of alien individuals.
Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357
(a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.
(b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.
Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:
Reg �1.871-4. Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.
(b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.
(c) Presumption rebutted.
(1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.
(c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.
In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.
Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!
Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??
Thanks
sree
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485Mbe4001
07-21 01:46 PM
It is certainly a good deal that we are able to file for 485 and we can enjoy the benefits of EAD/AP.
Mark my words...when apply to renew your EAD and you are not sure if spouse can work when one EAD has expired and the other is in the process of being approved you will realize what we are trying to say...after you keep applying to renew AP/EAD 3-4...one beings to wonder if it was all worth it.
In short, after we file our 485/EAD/APs we should work with IV and try to lobby for better laws...we should not be complacent and think our work is done, we crossed a small hurdle thats all.
Stop Showing These Numbers, Assumptions... Alright You're Good In Mathematics.. #@#~! Vb Or C#... Whatever... Give Those People At Uscis The Benefit Of The Doubt... I Think They're Not That Dumb Like What You Think... Maybe You're Not Happy With You're Employer...cant Wait To Leave...
Mark my words...when apply to renew your EAD and you are not sure if spouse can work when one EAD has expired and the other is in the process of being approved you will realize what we are trying to say...after you keep applying to renew AP/EAD 3-4...one beings to wonder if it was all worth it.
In short, after we file our 485/EAD/APs we should work with IV and try to lobby for better laws...we should not be complacent and think our work is done, we crossed a small hurdle thats all.
Stop Showing These Numbers, Assumptions... Alright You're Good In Mathematics.. #@#~! Vb Or C#... Whatever... Give Those People At Uscis The Benefit Of The Doubt... I Think They're Not That Dumb Like What You Think... Maybe You're Not Happy With You're Employer...cant Wait To Leave...
more...
diptam
08-11 05:10 PM
hpandey,
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
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GCwaitforever
04-30 03:08 PM
Transformation program is randomly processing applications to thier liking and ignoring priority date, FIFO etc ... From this chaos, order generates itself. Kind of testing Chaos theory. :D
more...
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pappu
09-12 10:25 AM
/\/\/\/
We need people to run this drive and devote some time to this action item. Please keep this thread alive
We need people to run this drive and devote some time to this action item. Please keep this thread alive
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lskreddy
04-30 03:01 PM
Mr. Aytes talked about procedural changes that they undertook which moved them away from First in, first out. They are now approving petitions (not just adjustments -485's) which would have an opportunity to immigrate sooner, like a person from ROW.
No wonder my 140 is stuck..Damn..
No wonder my 140 is stuck..Damn..
more...
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gcgcgcgc
07-22 04:49 AM
Hi Tina,
Thanks for your reply. I am in Eb3. I am willing to relocate but you know that every state has different rules for Physical Therapists. As I have 3 yrs of experience from India, I wonder who can sponsor me.
A lot of employers are willing to sponsor Schedule A applications, as far as you get your own lawyer & bare the costs, especially if they don't have an immigration department. So you may want to let them know that you have a lawyer who can file as soon as. Some employers already have the employment notice.
You may already know these, but here goes
www.ptjobs.com
www.physical-therapist.com/
rehaboptions.com/phone.html
physicaltherapist.com
Thanks for your reply. I am in Eb3. I am willing to relocate but you know that every state has different rules for Physical Therapists. As I have 3 yrs of experience from India, I wonder who can sponsor me.
A lot of employers are willing to sponsor Schedule A applications, as far as you get your own lawyer & bare the costs, especially if they don't have an immigration department. So you may want to let them know that you have a lawyer who can file as soon as. Some employers already have the employment notice.
You may already know these, but here goes
www.ptjobs.com
www.physical-therapist.com/
rehaboptions.com/phone.html
physicaltherapist.com
dresses Our Hair needs moisture on a
Legal
07-20 11:10 AM
Dems are unlilkely to support stand alone EB/ SKIL type legislations. They MAY agree for such legislation
(1) if they could get some cover with additional legislation like Durbin-Grasley restrictive bill on H1B - taking care of "middle class" "suffering" from "H1B cheap foreign labor" vote bank
(2) and get some pro-illegal legislation like DREAM act attached; taking care of Hispanic vote bank.
(1) if they could get some cover with additional legislation like Durbin-Grasley restrictive bill on H1B - taking care of "middle class" "suffering" from "H1B cheap foreign labor" vote bank
(2) and get some pro-illegal legislation like DREAM act attached; taking care of Hispanic vote bank.
more...
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gsc999
07-14 08:07 PM
Thanks to all the members and guests who already contributed.
Member contribution is our life blood.
Cheers!
g
Member contribution is our life blood.
Cheers!
g
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h1techSlave
03-04 12:31 PM
I am NSC EB3-I 2003 PD - no change. The status remains the same.
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Jimi_Hendrix
08-09 01:37 PM
Why you need to support legal immigration reforms?
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications, procedural inefficiencies and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long time. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter.
Lately, an awareness campaign has been launched by Immigration Voice (a 5,500 member group representing highly skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications, procedural inefficiencies and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long time. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter.
Lately, an awareness campaign has been launched by Immigration Voice (a 5,500 member group representing highly skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
jamesbond007
09-09 01:44 PM
Gapala made some very good analysis in his posts on this thread.
But......
Looking at the country's GDP to analyze the price of land in a few cities does not make sense. The growth in land value is not across the length and breadth of the country. It is only limited to the big cities which are experiencing the money rush.
NRI's from the US are only one piece of the puzzle who are funneling in money to India.
There are NRIs from other countries.
Then there are business people making big profits dealing with other countries.
And local business people who have a lot of black money. All of them together are keeping up the prices.
There also seems to be a change in the thinking of the Indian middle class. Most of our parents' generations were in the habit of saving up money and making purchases with the saved money.(These were savings in a bank account mind you; not investments that grew at a rate better than the inflation.)
The current middle class seems to realize that trying to save money in a bank in order to buy something is foolish since the paper money is losing its value over time. So they are either investing; or making purchases with borrowed money as long as they can make the EMI payments. Overall, the current middle class is not backing out of buying what they need for lack of money. (This trend will probably lead India in the same path as the US i.e. huge debt for everyone)
Regarding the question "why would a farmer sit on land valued at $100K, while only making about $1K by farming that land?" Its only a matter of time before they realize their fool hardiness and then they will sell. Pretty soon when the construction begins in their neighbourhood, and prices of all commodities go up so much that they can't live in their $1K income, then they will be forced to sell. Or they might get the wind of a "someone they know" who sold, and they will follow their example.
Strictly speaking about Hyderabad, there are a lot of farmers who cashed out their lands in the city outskirts. Smart ones then moved out further away from the city and bought more land there to continue their farming. Others are spending their windfall on jewellery, cars and other bling.
All that being said, it is still scary to me.
In my opinion, anyone looking to make a quick buck should not get into it at this time.
If you want to buy because you want to go back and settle there in a couple of years, then that is different.
[quote] to add to the conversation on the price -> locals are also experiencing a glut of money due to the economic boom in the last 5 years or so. Small businesses have really taken off in a big way exporting to Europe/ US. Investors in the stock market have also hit the jackpot. And, once you have money, for most Indians the safest option to invest is in property or gold.
Also better salaries all around fueled by attrition of talent to the IT sector. [quote]
This may be correct to certain extent but only the elite class and creamy layer of 1.8% of total population. When we look at the bigger picture of the country, I could not connect the dots. GDP is just above $2500 and PPP is about $3300. How in the world will you justify $200,000 to $300,000. Plus the cost of financing the purchase.
In simple terms, median home price is 100 times the GDP and life expectancy in india is 70 years. average work life span is 40 years. Home Mortgages are 15, 20 or 25 years in India which will cover only 1/4th of the median price of a home based on even anticipated high GDP growth and considering moderate increase in cost of living. Given that the risk of default is huge and banks are running at very high risk. I believe buying a house is a big gamble in India and more to that for Banks, lending is also a big gamble.
Note that according to banks, investment in apartments capitalize only over 25 years in india. (Rent vs. Own) Is this correct? Average rentals in ONLY Big cities are Rs. 12000 ($275 / month $3300 a year) to 15000 ($340 / month $4000 a year) for the same 1000 sqft 2 bedroom apartments which itself is above the GDP :). What that tells me, even the rentals are also not affordable to majority of the population. Back to captalization part 4000 * 25 = 100,000. which is half of the investment... add the alternate investment value for 25 years, capitalization will be way below 50%.
That means it will take more than 50 years to capatilize the investment. This is more that Mod average work life span of 40 years. Note that Maintenance and Taxes for 25 years excluded in above calc. Are banks stupid?
I do not know what to tell ya man! To me its really scary
A small credit crunch (crisis is not required) might bring the entire economy to floor.
fine print: (Above analysis applies only for working taxpaying people like us who does not have unaccounted money.)
But......
Looking at the country's GDP to analyze the price of land in a few cities does not make sense. The growth in land value is not across the length and breadth of the country. It is only limited to the big cities which are experiencing the money rush.
NRI's from the US are only one piece of the puzzle who are funneling in money to India.
There are NRIs from other countries.
Then there are business people making big profits dealing with other countries.
And local business people who have a lot of black money. All of them together are keeping up the prices.
There also seems to be a change in the thinking of the Indian middle class. Most of our parents' generations were in the habit of saving up money and making purchases with the saved money.(These were savings in a bank account mind you; not investments that grew at a rate better than the inflation.)
The current middle class seems to realize that trying to save money in a bank in order to buy something is foolish since the paper money is losing its value over time. So they are either investing; or making purchases with borrowed money as long as they can make the EMI payments. Overall, the current middle class is not backing out of buying what they need for lack of money. (This trend will probably lead India in the same path as the US i.e. huge debt for everyone)
Regarding the question "why would a farmer sit on land valued at $100K, while only making about $1K by farming that land?" Its only a matter of time before they realize their fool hardiness and then they will sell. Pretty soon when the construction begins in their neighbourhood, and prices of all commodities go up so much that they can't live in their $1K income, then they will be forced to sell. Or they might get the wind of a "someone they know" who sold, and they will follow their example.
Strictly speaking about Hyderabad, there are a lot of farmers who cashed out their lands in the city outskirts. Smart ones then moved out further away from the city and bought more land there to continue their farming. Others are spending their windfall on jewellery, cars and other bling.
All that being said, it is still scary to me.
In my opinion, anyone looking to make a quick buck should not get into it at this time.
If you want to buy because you want to go back and settle there in a couple of years, then that is different.
[quote] to add to the conversation on the price -> locals are also experiencing a glut of money due to the economic boom in the last 5 years or so. Small businesses have really taken off in a big way exporting to Europe/ US. Investors in the stock market have also hit the jackpot. And, once you have money, for most Indians the safest option to invest is in property or gold.
Also better salaries all around fueled by attrition of talent to the IT sector. [quote]
This may be correct to certain extent but only the elite class and creamy layer of 1.8% of total population. When we look at the bigger picture of the country, I could not connect the dots. GDP is just above $2500 and PPP is about $3300. How in the world will you justify $200,000 to $300,000. Plus the cost of financing the purchase.
In simple terms, median home price is 100 times the GDP and life expectancy in india is 70 years. average work life span is 40 years. Home Mortgages are 15, 20 or 25 years in India which will cover only 1/4th of the median price of a home based on even anticipated high GDP growth and considering moderate increase in cost of living. Given that the risk of default is huge and banks are running at very high risk. I believe buying a house is a big gamble in India and more to that for Banks, lending is also a big gamble.
Note that according to banks, investment in apartments capitalize only over 25 years in india. (Rent vs. Own) Is this correct? Average rentals in ONLY Big cities are Rs. 12000 ($275 / month $3300 a year) to 15000 ($340 / month $4000 a year) for the same 1000 sqft 2 bedroom apartments which itself is above the GDP :). What that tells me, even the rentals are also not affordable to majority of the population. Back to captalization part 4000 * 25 = 100,000. which is half of the investment... add the alternate investment value for 25 years, capitalization will be way below 50%.
That means it will take more than 50 years to capatilize the investment. This is more that Mod average work life span of 40 years. Note that Maintenance and Taxes for 25 years excluded in above calc. Are banks stupid?
I do not know what to tell ya man! To me its really scary
A small credit crunch (crisis is not required) might bring the entire economy to floor.
fine print: (Above analysis applies only for working taxpaying people like us who does not have unaccounted money.)
ragz4u
03-09 12:06 PM
They have already moved to Title 3 of the markup really quickly (and I mean REALLY QUICKLY). Hopefully they will move past Title 3 soon too and get onto Title 4 and 5 hopefully on Wed.
As always, if work doesn't hurt us too bad, we'll post updates here
Hope this helps
As always, if work doesn't hurt us too bad, we'll post updates here
Hope this helps
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