Naruto
10-05 07:15 PM
Is there a relation between immigration process (485) and IRS?
If a person owe money to IRS , does he/she have a problem with his/her immigration process? I'm not talking fraud ....! I'm talking owing taxes to IRS
The reason i'm asking is because some lawyer do ask for W2 forms, some do not. That means there is a relationship between immigration and IRS.I just have no idea how it works.
Thanks
If a person owe money to IRS , does he/she have a problem with his/her immigration process? I'm not talking fraud ....! I'm talking owing taxes to IRS
The reason i'm asking is because some lawyer do ask for W2 forms, some do not. That means there is a relationship between immigration and IRS.I just have no idea how it works.
Thanks
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jkamel5
07-10 08:38 PM
Thanks for your amazing help.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
EndlessWait
07-13 12:39 PM
Your heading seemed to indicate there is a secret news that you knew about in advance. If it is a speculation please add so in the header so that people don't get excited as soon as they see the header.
hope its as sensational as you can take.
hope its as sensational as you can take.
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calgirl
09-11 02:41 PM
Why don't you contact some senator! You have been current for so long ..
On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.
On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.
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CHHAYA
08-17 09:21 AM
I have never joined to IV conference call so I don't know which number to dial and also if any pin or passcode number is required. Please give details of conference call.
Dipika
05-09 02:23 PM
Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?
You should call USCIS to let them know that your notice is still not reached to you, so incase if it's stuck on the way, they could send another copy.
You should call USCIS to let them know that your notice is still not reached to you, so incase if it's stuck on the way, they could send another copy.
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irock
09-25 05:51 PM
did you guys go to fingerprinting?
i must say that your wife's EAD got approved fast, congrats.
We received FP 10 days back and FP is on 2nd Oct 2007.
i must say that your wife's EAD got approved fast, congrats.
We received FP 10 days back and FP is on 2nd Oct 2007.
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Drifter
04-06 11:44 AM
I have been a long time supporter of IV and all the work that IV does, I have been on this forum for for a while now and have always believed in the cause of IV and though I am not active on the forum for some time now I have actively taken part in a lot of the efforts that IV has undertaken and have contributed monetarily as well .
Besides the fact that IV can try to help members in extreme situations like the one I am in, IV is really the only organization that watches out for our community, it is all we have. We need to be an active part of it and should make it stronger.
Besides the fact that IV can try to help members in extreme situations like the one I am in, IV is really the only organization that watches out for our community, it is all we have. We need to be an active part of it and should make it stronger.
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gcnirvana
05-17 04:15 PM
Gurus,
I need your help in this scenario. I went to India during Mar 06 and got a stamping on my passport till Jun 2010 (based on my I140 approval). But at the POE, the officer stamped my I-94 till Jun 07 as he could only stamp the date that was on my current I-797. He also told me that I can goto the local USCIS office and extend my I-94 till 2010. Is it true? and if so, how would I go about doing that??
Thanks in Advance for all your help.
I need your help in this scenario. I went to India during Mar 06 and got a stamping on my passport till Jun 2010 (based on my I140 approval). But at the POE, the officer stamped my I-94 till Jun 07 as he could only stamp the date that was on my current I-797. He also told me that I can goto the local USCIS office and extend my I-94 till 2010. Is it true? and if so, how would I go about doing that??
Thanks in Advance for all your help.
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panky72
06-23 12:45 PM
can u please email IL at immigrationvoice DOT org with your name and phone number?
By the way, do not forget to send your letters to the president. This is very very important.
I want to join IL state chapter, sent an email to IL at immigrationvoice dot org
By the way, do not forget to send your letters to the president. This is very very important.
I want to join IL state chapter, sent an email to IL at immigrationvoice dot org
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javadeveloper
03-09 04:24 PM
Thanks for responding.I thought it's easy in India as we can directly go to passport office & get it in a day.
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krassib
07-10 01:14 PM
The aim of participation on these talk shows is two fold- One to increase the awareness amongst the general masses regarding the problems being faced by legals as the masses are mostly ignorant about out situation. Secondly, for people who are waiting for their GC's and could be potentail members of Immigration Voice for them to join the organization. It has been proven time and again that there is strength in numbers and also the organization needs resources from it's members.
It is a logistical challange to put a program like this together with the host and the panel and IV did a good job at it with knowledgebile authorities like Stuart coming out strongly supporting our cause. Every one felt that the moderation could have been better. It is the skill of Larry King or Neil Conan of NPR that sets them apart but some times there are moderators who are very knowledgible, not necessarily on every issue but are challenged becuase of their heavy accent and other reasons.
One of the posts questioned about the publicity stunt of having a senator on the program. I am not sure if every one realizes the amount of ground work that has to be done to make that happen and must I say that all the efforts were made to get them but it did not work out finally in the end because of issues with timing.
Over all, in my opinion, it was a good program and served IV's agenda.
I would like to thank IV core team for the effort of making our immigration problems public. I could not personally listen to the show and it would be nice if someone posts a link to a recording.
In addition, I know that it may not sound feasible but I have an idea to create our own Internet radio. How you all think?
It is a logistical challange to put a program like this together with the host and the panel and IV did a good job at it with knowledgebile authorities like Stuart coming out strongly supporting our cause. Every one felt that the moderation could have been better. It is the skill of Larry King or Neil Conan of NPR that sets them apart but some times there are moderators who are very knowledgible, not necessarily on every issue but are challenged becuase of their heavy accent and other reasons.
One of the posts questioned about the publicity stunt of having a senator on the program. I am not sure if every one realizes the amount of ground work that has to be done to make that happen and must I say that all the efforts were made to get them but it did not work out finally in the end because of issues with timing.
Over all, in my opinion, it was a good program and served IV's agenda.
I would like to thank IV core team for the effort of making our immigration problems public. I could not personally listen to the show and it would be nice if someone posts a link to a recording.
In addition, I know that it may not sound feasible but I have an idea to create our own Internet radio. How you all think?
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anilkumar0902
06-18 04:36 PM
Everything will be alright. It happened to me the same way .I just submitted an experience letter from one of my colleague who is still employed with my previous employer. My 140 was approved as soon as they received the documents.
I hope you have progressive experience (it means, growth within the company, as you gain years of experience). This is essential. Other than that, you should be good.
Cheers
I hope you have progressive experience (it means, growth within the company, as you gain years of experience). This is essential. Other than that, you should be good.
Cheers
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addsf345
09-19 03:15 PM
I wonder if numberusa like groups can use this thread as an eyewash against legal immigrants abusing term anchor babies.
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hpandey
08-20 03:51 PM
I Still think we have a good chance atleast all those with priority date before today.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
Only time would tell if you are right or wrong but I like your view. Shows a ray of hope in an otherwise bleak outlook of the future.
:)
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
Only time would tell if you are right or wrong but I like your view. Shows a ray of hope in an otherwise bleak outlook of the future.
:)
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akhichopra
03-01 07:47 PM
Thanks for your kind reply. Yes this income of 40K is after my employer deducts taxes via withholding everymonth from my salary.
I am confused because I read that you have to declare any foreign accounts held. In my case I dont have any NRI account, I transferred the money to my parents account in India.
I am not sure if I fall in the category where I have to declare all this. Thanks again for your help.
I am confused because I read that you have to declare any foreign accounts held. In my case I dont have any NRI account, I transferred the money to my parents account in India.
I am not sure if I fall in the category where I have to declare all this. Thanks again for your help.
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Templarian
03-31 01:14 PM
Dang I went to class and get back now "Find Hidden Word" jumped up 3 votes. :trout:
At least I'm not tied for 4th anymore.
At least I'm not tied for 4th anymore.
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abigel
08-07 08:56 PM
You may be right in saying that people should be united, but you cannot and should not FORCE them to be. Censoring threads that you think go against the 'united' theme would be just wrong and would hurt IV more than it would help it.
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sammyb
11-19 04:35 PM
Thanks you, Wish you all hte best and Good Bye.
BTW , i have also contributed $100 to IV so far.
why so ... am just curious ... aren't you supposed to be with the people/group that helped you (indirect and direct way) to be there where you are today...
guess because of this mindset we EB people never had a base support from our own people in this country ... once we receive the card we change our color and become an American from whatever country we came from...
sorry for this but I couldn't resist writing this... I have no issue with your labor sub as this was legal and given an option 99.99% people including me would have done that...
and I hope everyone should agree with me that after you get your card you should make a decent contribution to IV.... just my thoughts...
BTW , i have also contributed $100 to IV so far.
why so ... am just curious ... aren't you supposed to be with the people/group that helped you (indirect and direct way) to be there where you are today...
guess because of this mindset we EB people never had a base support from our own people in this country ... once we receive the card we change our color and become an American from whatever country we came from...
sorry for this but I couldn't resist writing this... I have no issue with your labor sub as this was legal and given an option 99.99% people including me would have done that...
and I hope everyone should agree with me that after you get your card you should make a decent contribution to IV.... just my thoughts...
prdgl
05-24 11:10 PM
True, Savage is not for us. He is unpredictable as someone mentioned above. Today, he was quoting from an article which mentioned about immigrationvoice. He was reading the plight of some Mahesh ... . He said to go to home country. All H1B's came on a big lie. Oracle who is lobbying for H1and Mr Gates are all greedy etc. He was going on and on.
First, ask HIM to go back where he came from in 1939-1945 during Nazi regime. This land is not owned by anybody, this is a LAND OF IMMIGRANTS. No one is native anyway, so what the heck !!
First, ask HIM to go back where he came from in 1939-1945 during Nazi regime. This land is not owned by anybody, this is a LAND OF IMMIGRANTS. No one is native anyway, so what the heck !!
seekerofpeace
09-17 09:11 PM
Geesee,
I totally understand.....they have set format of replies and they just keep on sending that as replies to SR...I doubt they even open a case or try to know the status of a case.
All the problems rose from opening the flood gates for all to apply in July 2007 and that simply created a bottleneck in the whole system and it prioritized receipt date of I-485 over the PD of labor filing.....
SoP
I totally understand.....they have set format of replies and they just keep on sending that as replies to SR...I doubt they even open a case or try to know the status of a case.
All the problems rose from opening the flood gates for all to apply in July 2007 and that simply created a bottleneck in the whole system and it prioritized receipt date of I-485 over the PD of labor filing.....
SoP
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