TO BE OR NO TO BE
05-24 12:27 PM
I just did webfax, all #15, 12 and 14.
Lets hope for the best.
Lets hope for the best.
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krishna.ahd
10-02 12:23 PM
Hi
I work as independant consultant as aslways have risk of no assignment for shorter term.
This is what i do - see if it helps
- Create emergency fund for 3/6 months if you dont have already one in place.
Atleast 3 months, depends on how much one feel secure / confident to getting another assignment/job in case of job lost
- Open/get approve HELOC -
dont use untill necessary - if any further emergency you can tap that always
- Start paying the mortgage as additional principal some part of your surplus (even $100) every month which helps you get higher limit of HELOC at later date
I work as independant consultant as aslways have risk of no assignment for shorter term.
This is what i do - see if it helps
- Create emergency fund for 3/6 months if you dont have already one in place.
Atleast 3 months, depends on how much one feel secure / confident to getting another assignment/job in case of job lost
- Open/get approve HELOC -
dont use untill necessary - if any further emergency you can tap that always
- Start paying the mortgage as additional principal some part of your surplus (even $100) every month which helps you get higher limit of HELOC at later date
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.
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LostInGCProcess
06-17 03:47 PM
Thanks, snathan...i shall ask folks around before signing it. :)
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abhishek101
02-08 11:43 AM
Hello guys,
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
1. You can walk to your local SSN office and ask them about the lockdown on SSN.
Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)
2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here
401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)
2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.
also r2i websites are great help.
Good Luck
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
1. You can walk to your local SSN office and ask them about the lockdown on SSN.
Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)
2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here
401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)
2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.
also r2i websites are great help.
Good Luck
anilsal
11-30 01:09 PM
Does anyone have any insight on this thing called "Last Action Rule"?
Scenario:
1) Visa stamp till Feb 28,2007.
2) Extension of 3 year H1B based on approved I140 starting March 1,2007.
3) International travel, returning to the US on Feb 3.
Now at the port of entry, the officer takes an action of saying your I-94 is valid till Feb 27. Basically this invalidates your previous H approval that starts from March 1. Some "Last Action Rule".
Reference: http://www.murthy.com/news/n_cosapp.html
Has anyone gone through this?
Basically the idea is that the person has to get a new H1B stamp when in India for the extension.
Scenario:
1) Visa stamp till Feb 28,2007.
2) Extension of 3 year H1B based on approved I140 starting March 1,2007.
3) International travel, returning to the US on Feb 3.
Now at the port of entry, the officer takes an action of saying your I-94 is valid till Feb 27. Basically this invalidates your previous H approval that starts from March 1. Some "Last Action Rule".
Reference: http://www.murthy.com/news/n_cosapp.html
Has anyone gone through this?
Basically the idea is that the person has to get a new H1B stamp when in India for the extension.
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needhelp!
09-20 06:12 PM
Everyone here aspires to be a future citizen of the United States of America. If GC process didn't have problems, we would already have been citizens. Those who haven't learn't to sing it, should do so soon. It can be asked in the naturalization quiz.
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piyu7444
08-23 11:22 PM
I will provide all info. related to EB1 very soon. Who so ever is interested please send me your questions.......
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yabadaba
06-16 03:27 PM
I think gas price is a non-issue. Gas in India is more expensive than in the US and considering the income there, the effective cost is even more higher. And yet, people continue to buy more and more without regard for increasing gas prices.
The same logic applies here. Back in 2001, once gas prices starting going up and in places where gas cost $1.30, it hit $1.50 which people found "shocking". And yet, there wasn't the slightest reduction in the number of cars bought. Even now, with all the dismay at soaring prices, nothing much has changed. Freeways are just as jammed as ever.
The fact is, the American is well equipped to deal with $6 prices. The reaction we see is is just due to the unpleasant thought of having to pay more. It is not a showstopper by any stretch of anyone's imagination. At the worst, it just means they will have to cut back on annual vacations which is not a big deal for us, but obviously a catastrophe to the average American.
just for comparison sakes...do remember that the distance from churchgate to virar (in bombay) is 35 km. http://en.wikipedia.org/wiki/Mumbai_Suburban_Railway.
That is equivalent of approx 22 miles. I doubt there is anybody is bombay that drives 35 km one way on a daily basis. But in the US living 10-20 miles from work is not bad. People in my office drive about 40 miles one way without blinking an eyelid. Some drive even more. Plus the cars that they have in india have smaller engines, smaller capacity thereby better gas mileage.
So for people who say gas is a non issue, think again.
The same logic applies here. Back in 2001, once gas prices starting going up and in places where gas cost $1.30, it hit $1.50 which people found "shocking". And yet, there wasn't the slightest reduction in the number of cars bought. Even now, with all the dismay at soaring prices, nothing much has changed. Freeways are just as jammed as ever.
The fact is, the American is well equipped to deal with $6 prices. The reaction we see is is just due to the unpleasant thought of having to pay more. It is not a showstopper by any stretch of anyone's imagination. At the worst, it just means they will have to cut back on annual vacations which is not a big deal for us, but obviously a catastrophe to the average American.
just for comparison sakes...do remember that the distance from churchgate to virar (in bombay) is 35 km. http://en.wikipedia.org/wiki/Mumbai_Suburban_Railway.
That is equivalent of approx 22 miles. I doubt there is anybody is bombay that drives 35 km one way on a daily basis. But in the US living 10-20 miles from work is not bad. People in my office drive about 40 miles one way without blinking an eyelid. Some drive even more. Plus the cars that they have in india have smaller engines, smaller capacity thereby better gas mileage.
So for people who say gas is a non issue, think again.
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kumar_77
06-19 08:05 PM
Still no update from MI chapter ....:rolleyes:
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yabadaba
06-19 09:26 PM
as usual no email from GA chapter.
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narendra_modi
04-21 01:29 PM
I am saying why not GC for MDs & Dentist along with PhDs...They are not less qualified than PhDs. please lets discuss and help those doctors suffering many years due to all this J1/H1 b**l s**t ...
This will be a common thread for all doctoral candidates interested in amending the current language in the PACE bill to 1/ include current PhD graduates; and 2/ life science graduates. Please post your suggestions and opinions here.
You can check out this thread for more details of PACE and the amendments we are suggesting:
http://immigrationvoice.org/forum/showthread.php?t=151
Pls use the material from the letter attached there in your letters to senators and congressmen.
Please take part actively in this and help make sure these amendments are incorporated into the final version of PACE.
This will be a common thread for all doctoral candidates interested in amending the current language in the PACE bill to 1/ include current PhD graduates; and 2/ life science graduates. Please post your suggestions and opinions here.
You can check out this thread for more details of PACE and the amendments we are suggesting:
http://immigrationvoice.org/forum/showthread.php?t=151
Pls use the material from the letter attached there in your letters to senators and congressmen.
Please take part actively in this and help make sure these amendments are incorporated into the final version of PACE.
more...
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voldemar
03-03 09:03 PM
---
Employer pays H1B and green card costs, Period.Prove it. I trust my lawyer. She says that only H1B expenses should be paid by employer. Period.
Employer pays H1B and green card costs, Period.Prove it. I trust my lawyer. She says that only H1B expenses should be paid by employer. Period.
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bidhanc
06-04 05:06 PM
Hi,
On a side note, could you share what documentation you had to send for e-filing for advanced parole?
Thanks
Bidhan
I efiled EAD and AP for my wife and myself over this weekend. My earlier documents had been filed at TSC. In answering Question 11 of EAD, I "assumed" Dallas TX Field office and USCIS TSC are one and the same. So I selected Dallas TX Field office as the answer.
When the receipts were generated for our applications they were generated for National Benefits Center with MSC as the prefix. This got me confused and I asked this question (http://immigrationvoice.org/forum/showthread.php?t=19323) on IV. This evening to research what is going on I started a dummy application and saw what I had done wrong. I canceled the dummy application.
I am writing this to alert anyone to not do the same mistake. I am mighty concerned. I will call USCIS tomorrow morning and ask on what will happen and where should I send me supporting documents. I will also get hold of some local attorney.
In the mean time what do you guys think of our situation. Any experiences, ideas? Please share. This will be long night :-|
On a side note, could you share what documentation you had to send for e-filing for advanced parole?
Thanks
Bidhan
I efiled EAD and AP for my wife and myself over this weekend. My earlier documents had been filed at TSC. In answering Question 11 of EAD, I "assumed" Dallas TX Field office and USCIS TSC are one and the same. So I selected Dallas TX Field office as the answer.
When the receipts were generated for our applications they were generated for National Benefits Center with MSC as the prefix. This got me confused and I asked this question (http://immigrationvoice.org/forum/showthread.php?t=19323) on IV. This evening to research what is going on I started a dummy application and saw what I had done wrong. I canceled the dummy application.
I am writing this to alert anyone to not do the same mistake. I am mighty concerned. I will call USCIS tomorrow morning and ask on what will happen and where should I send me supporting documents. I will also get hold of some local attorney.
In the mean time what do you guys think of our situation. Any experiences, ideas? Please share. This will be long night :-|
more...
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eager_immi
01-24 07:24 PM
I think the only people who would oppose this are the ones who are not really contributing. I think it is quite appropriate to have that information. Beacause it will encourage people to contribute something like the domino effect.
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Mplsmani
12-16 09:17 AM
JunRN,
Thanks for your reply. I agree with not moving earlier to 180 days.
What I intended to ask the previous question is:
which job type I could be able to take?
There are serveral job types:
1. Contract to Hire.
2. contract to w2
3. Fulltime
4. Contract - independant.
Thanks and regards,
Mani
Thanks for your reply. I agree with not moving earlier to 180 days.
What I intended to ask the previous question is:
which job type I could be able to take?
There are serveral job types:
1. Contract to Hire.
2. contract to w2
3. Fulltime
4. Contract - independant.
Thanks and regards,
Mani
more...
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Libra
10-03 12:13 PM
my FP is done on 19th sep and got LUD on 485 on 20th sep and same day card production ordered.
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imh1b
04-20 10:04 AM
I'm gonna write too. But can someone post a draft. Instead of a letter saying please give me greencard I do not have one.... we should have a letter saying please do admin fixes and these are the fixes.
If they send it to USCIS then USCIS will not send you a reply saying your PD is not current. So we cannot do Admin fixes.
If they send it to USCIS then USCIS will not send you a reply saying your PD is not current. So we cannot do Admin fixes.
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sayonara
09-18 04:24 PM
Any FP notices for folks falling in this category?
Please keep updating..thanks all !
Please keep updating..thanks all !
bbct
02-16 02:00 PM
Thanks for responding.
I was going back through the statements that we received from the Insurance Company. The statements shows OASDI tax withheld, which is the SS tax. I believe, the employer is equally responsible to contribute 6.2% of the income to the SS and 1.45% to medicare. That means, this income should be added to the SS wages and medicare wages by the employer. I would be complaining about this employer tomorrow to IRS.
bbct :
My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.
I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.
AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.
HTH
I was going back through the statements that we received from the Insurance Company. The statements shows OASDI tax withheld, which is the SS tax. I believe, the employer is equally responsible to contribute 6.2% of the income to the SS and 1.45% to medicare. That means, this income should be added to the SS wages and medicare wages by the employer. I would be complaining about this employer tomorrow to IRS.
bbct :
My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.
I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.
AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.
HTH
coopheal
03-24 05:38 PM
I have recently moved out of state and started on a different job. I updated my address with USCIS online last week. I just got a email from CRIS for RFE. I have I-140 has been approved since 2004 and applied for I-485 in July 07. My lawyer is from Frogman firm. This was the firm used by my GC sponsor employer. My new position is slight different from Software Developer to Lead System Analyst. I think this should be covered with same or similar clause.
If you have prior experience please let me what to expect and do any preparation now itself.
If you have prior experience please let me what to expect and do any preparation now itself.
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