pappu
09-22 07:12 PM
Title: Creating American Jobs and Ending Offshoring Act
Sponsor: Sen Durbin, Richard [IL] (introduced 9/21/2010)
Cosponsors Sen Dorgan, Byron L. [ND] -
Sen Reid, Harry [NV] -
Sen Schumer, Charles E. [NY] -
Introduced in the Senate.
This bill will give companies a two-year holiday from their share of Social Security payroll withholding taxes for each employee they hire to replace a worker at a foreign-based facility. The Creating American Jobs and Ending Offshoring Act would bar companies from taking tax credits or deductions for the cost of closing a U.S.-based facility to move the operation overseas.Companies could still take deductions for severance and job placement services for employees who lose their jobs as a result of a U.S. plant closing. Under the legislation, companies that close a U.S.-based business and expand it overseas would no longer be allowed to defer U.S. income taxes on foreign subsidiaries.
Reid has the option to set up a procedural vote next week
Sponsor: Sen Durbin, Richard [IL] (introduced 9/21/2010)
Cosponsors Sen Dorgan, Byron L. [ND] -
Sen Reid, Harry [NV] -
Sen Schumer, Charles E. [NY] -
Introduced in the Senate.
This bill will give companies a two-year holiday from their share of Social Security payroll withholding taxes for each employee they hire to replace a worker at a foreign-based facility. The Creating American Jobs and Ending Offshoring Act would bar companies from taking tax credits or deductions for the cost of closing a U.S.-based facility to move the operation overseas.Companies could still take deductions for severance and job placement services for employees who lose their jobs as a result of a U.S. plant closing. Under the legislation, companies that close a U.S.-based business and expand it overseas would no longer be allowed to defer U.S. income taxes on foreign subsidiaries.
Reid has the option to set up a procedural vote next week
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kumargn
11-15 08:24 PM
I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..
gc_check
10-07 05:32 PM
Got an email from HR (Large US Based Tech company) sometime back that there is a possibility representative of the USCIS may come to work location to review an employees immigration petition and this appears to be part of USCIS standard procedure. Employees have been provided with HR contact details to contact, if it happens for anyone. This is not unusual and this could very well happen to any one. Just a routine procedure. Nothing to worry much on this as long as you provide the details and if you have not violated any laws, etc..
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baburob2
02-16 01:17 PM
Hi Logiclife
The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.
The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.
more...
WaitingGame
11-26 09:58 PM
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
binadh
10-02 11:22 AM
Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?
What the &*^% is going on? !!@$%ing DOL.
:mad:
What the &*^% is going on? !!@$%ing DOL.
:mad:
more...
trance
07-19 09:38 PM
Hi There,
I work in Company A, and Company A filed my GC April 2008 under EB2 Category.
Priority Date: April 2008
I-140: Approved
I-485- To be Filed
I also have a Masters Degree in the US.
I received an offer from Company B (Top consulting Firm) and they are willing to process my GC but in EB3 Category.
My Current H1 will expire in May 2012.
My wife is in the health care profession and currently a student in school and should get a a job next year. She is on a F1 currently and she should apply for a H1 next year. I am assuming that she can file for a GC in the EB2 category.
Questions:
1. Does it make sense to take up the offer or just wait for my I -485 date to become current. If i do not take up the offer, then i would lose out from a career growth perspective.
2. If i take up the offer and apply in the EB 3 category, hoping that my wife�s GC would be filed in EB2, can i apply I -485 with her.
3. Finally, does it make any sense to apply in EB3?
Your advice would be appreciated...
Thanks
Trance
I work in Company A, and Company A filed my GC April 2008 under EB2 Category.
Priority Date: April 2008
I-140: Approved
I-485- To be Filed
I also have a Masters Degree in the US.
I received an offer from Company B (Top consulting Firm) and they are willing to process my GC but in EB3 Category.
My Current H1 will expire in May 2012.
My wife is in the health care profession and currently a student in school and should get a a job next year. She is on a F1 currently and she should apply for a H1 next year. I am assuming that she can file for a GC in the EB2 category.
Questions:
1. Does it make sense to take up the offer or just wait for my I -485 date to become current. If i do not take up the offer, then i would lose out from a career growth perspective.
2. If i take up the offer and apply in the EB 3 category, hoping that my wife�s GC would be filed in EB2, can i apply I -485 with her.
3. Finally, does it make any sense to apply in EB3?
Your advice would be appreciated...
Thanks
Trance
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sush
07-09 01:06 PM
Mine is TSC peding since May 2006.
Upgraded to PP on Jun 19th 2007, no updates yet.
Upgraded to PP on Jun 19th 2007, no updates yet.
more...
MahaBharatGC
08-15 10:22 AM
I dont think that the priority dates will become current by next year october for 2003. I really pray for that to happen as we are all going to go through...
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
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bigboy007
12-10 01:59 PM
In any fashion of THese threads everyones comment :
"which should match/similar to your GC labor"
WHich is a very generalized statement.
I am in this boat : Please advice me on the options:
1. Pd 2004 : GCLABOR 1.5 yrs exp : Its a pretty generic Labor which says "evaluating requests , planning , designing etc" with title of Programmer analyst.
2. I have my 140 approved , 485 pending will complete 180 day mark by dec 29. Now i am NOT on EAD neither want to be.
3. I have new opportunity where company is offering me a good pay range + they are ok with filing H1b . But job role is different like " Software Architect".
Now i am caught up in saying how i am using "AC21" when i transfer H1b what happens to my AOS? what should i do to keep it alive ? what are my options ?
Kindly help i am lost. Current GC labor etc is all for future employment how am i leveraging these two. Please help .... please help.
"which should match/similar to your GC labor"
WHich is a very generalized statement.
I am in this boat : Please advice me on the options:
1. Pd 2004 : GCLABOR 1.5 yrs exp : Its a pretty generic Labor which says "evaluating requests , planning , designing etc" with title of Programmer analyst.
2. I have my 140 approved , 485 pending will complete 180 day mark by dec 29. Now i am NOT on EAD neither want to be.
3. I have new opportunity where company is offering me a good pay range + they are ok with filing H1b . But job role is different like " Software Architect".
Now i am caught up in saying how i am using "AC21" when i transfer H1b what happens to my AOS? what should i do to keep it alive ? what are my options ?
Kindly help i am lost. Current GC labor etc is all for future employment how am i leveraging these two. Please help .... please help.
more...
nagio
01-08 07:31 AM
Six weeks it is. Sorry I said 7 weeks.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
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bluekayal
02-25 05:21 AM
I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..
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jungalee43
02-16 12:35 PM
The most important issue related to Retrogression is the 'per country of birth' quota. The problem of retrogression would be much less severe if this quota is abolished as it was done I believe in AC21. Can anyone confirm about this provision in AC21?
I have also noticed that in the immigration voice presentation though the problem of 'country quota' is very effectively highlighted, it is not included in the goals. Even the president's report mentions this quota as a problem. I would like to draw attention of the admin to this. Removal of this quota should be one of our primary goals. Of course recycling of lost numbers and not counting dependants against quota are important goals. Can admin include this in the goals slide? I am planning to take this presentation when I meet the local congressman who has so far responded to my correspondence very sympathetically.
I have also noticed that in the immigration voice presentation though the problem of 'country quota' is very effectively highlighted, it is not included in the goals. Even the president's report mentions this quota as a problem. I would like to draw attention of the admin to this. Removal of this quota should be one of our primary goals. Of course recycling of lost numbers and not counting dependants against quota are important goals. Can admin include this in the goals slide? I am planning to take this presentation when I meet the local congressman who has so far responded to my correspondence very sympathetically.
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mbartosik
11-08 03:33 PM
It looks like this including dependents -- good news.
According to:
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
there were about 320K applications (likely primary applications). Remember that July fiasco only affected EB (not family based).
quote: "While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin."
So that's only 5 years to clear the backlog, assuming minimal lost GC, and no new applications by ROW (thus reducing or stopping spill over). Of course ROW will continue to create new applications.
According to:
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
there were about 320K applications (likely primary applications). Remember that July fiasco only affected EB (not family based).
quote: "While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin."
So that's only 5 years to clear the backlog, assuming minimal lost GC, and no new applications by ROW (thus reducing or stopping spill over). Of course ROW will continue to create new applications.
more...
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meridiani.planum
11-21 01:47 AM
Meridiani.planum.... Thanks for your reply....
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
There the 3 stages to the GC: PERM, I-140, i-485. PERM takes 3-4 months on an average. I-140 takes 6-12, and I-485 taeks about 6-8. So in general getting the GC can take anywhere from 1 to 2 years. HOWEVER other than USCIS delays in processing, there are two BIG catches:
- I-485 security/name check : this is an FBI background check where some percentage of people get stuck for years. Most people clear this within a month, but some unfortunate few get screwed.
- RETROGRESSION: To get the I-485 approval your priority date (the day you have filed your PERM) needs to be "current". Each month the Department of State publishes a "Visa Bulletin" indicating what dates are current. The latest bulletin is here:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Because of per-country quota's of visas, some countries are more backlogged than others. Actually only some countries have specific backlogs (India, china, mexico, philipinnes). Others are clubbed together into whats called Rest-Of-The-World (ROW) or "All Charge-ability Areas Except Those Listed".
As you can see in the bulletin for EB3-ROW they are currently assigning visa numbers to applications filed before September 2002. Meaning your 485 cannot be applied or approved until the date in the VB moves past your PERM filing date. EB2-ROW as you can see has a nice little "C" next to it. That means its "Current" meaning there is no backlog, meaning you can immediately file your 485, and if all goes well and 6 months later its still "C", you'll have your GC.
bottomline: for you moving from EB3 to EB2 changes your greencard processing time from say 7 years to 2 years.
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
There the 3 stages to the GC: PERM, I-140, i-485. PERM takes 3-4 months on an average. I-140 takes 6-12, and I-485 taeks about 6-8. So in general getting the GC can take anywhere from 1 to 2 years. HOWEVER other than USCIS delays in processing, there are two BIG catches:
- I-485 security/name check : this is an FBI background check where some percentage of people get stuck for years. Most people clear this within a month, but some unfortunate few get screwed.
- RETROGRESSION: To get the I-485 approval your priority date (the day you have filed your PERM) needs to be "current". Each month the Department of State publishes a "Visa Bulletin" indicating what dates are current. The latest bulletin is here:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Because of per-country quota's of visas, some countries are more backlogged than others. Actually only some countries have specific backlogs (India, china, mexico, philipinnes). Others are clubbed together into whats called Rest-Of-The-World (ROW) or "All Charge-ability Areas Except Those Listed".
As you can see in the bulletin for EB3-ROW they are currently assigning visa numbers to applications filed before September 2002. Meaning your 485 cannot be applied or approved until the date in the VB moves past your PERM filing date. EB2-ROW as you can see has a nice little "C" next to it. That means its "Current" meaning there is no backlog, meaning you can immediately file your 485, and if all goes well and 6 months later its still "C", you'll have your GC.
bottomline: for you moving from EB3 to EB2 changes your greencard processing time from say 7 years to 2 years.
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go_guy123
05-06 09:07 PM
Dear IV Members,
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
Why are u putting unrelated stuff here. You can always consult a lawyer for lawsuit
if u feel. Ofcourse nothing is free. U will need to pay a lawyer for that.
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
Why are u putting unrelated stuff here. You can always consult a lawyer for lawsuit
if u feel. Ofcourse nothing is free. U will need to pay a lawyer for that.
more...
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bank_king2003
04-21 12:28 PM
I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
So it seems we cant do much against USCIS on the lawsuit besides making congress to act. why 'Politicians' are not good in any country ???
Btw, even i am EB2 - i support porting as i have seen EB3 people working with me and they are no where less in skills .... i want to file a lawsuit so that we can bring some lazy asses to justice like USCIS.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
So it seems we cant do much against USCIS on the lawsuit besides making congress to act. why 'Politicians' are not good in any country ???
Btw, even i am EB2 - i support porting as i have seen EB3 people working with me and they are no where less in skills .... i want to file a lawsuit so that we can bring some lazy asses to justice like USCIS.
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ram_ram
11-01 07:05 PM
Legally speaking, You should not change the Metro Location for which the labor is applied. Exemption is Consulting companies can specify alternate location as 'Various client locations as specified by the employer'. Primary location would be the Head Office. So it all depends on what is specified in the labor.
Hello
My PD is March 2006 and my 6th year on H1B ends in March 2007. My LC was approved in March 2006 and I-140 got approved in July 2006. My company has relocated me to a different state. (same job, same title and company)
I have updated INS about my address change by sending AR-11. Would the job location change (from CA to NJ) have any impact on my GC processing?
Could you please advice if you info on this?
Regards
Hello
My PD is March 2006 and my 6th year on H1B ends in March 2007. My LC was approved in March 2006 and I-140 got approved in July 2006. My company has relocated me to a different state. (same job, same title and company)
I have updated INS about my address change by sending AR-11. Would the job location change (from CA to NJ) have any impact on my GC processing?
Could you please advice if you info on this?
Regards
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voldemar
03-20 12:09 PM
I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw itEmployer can withdraw I-140 anytime. Don't be confused with AC21 wording - I-140 remains valid if it was approved and I-485 is pending for more than 180 days, even if I-140 has been withdrawn by employer.
arihant
10-26 08:20 AM
Hi guys,
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
carbon
09-25 04:19 PM
I agree that 1/2 million people can't impact housing market significantly.
but look at the numbers, 1/2 million people means $100 billion untapped
market. Personaly I can't imagine any business community who wouldn't consider
this huge potential market seriously.(We are not poor
immigrants that they can ignore, we are professinals with good credit)
Who knows they might help a little to push our issues in DC or reach our goal of
raising 60K !
All IV has to do is send a simple letter to them. Whats harm in doing that !!!
but look at the numbers, 1/2 million people means $100 billion untapped
market. Personaly I can't imagine any business community who wouldn't consider
this huge potential market seriously.(We are not poor
immigrants that they can ignore, we are professinals with good credit)
Who knows they might help a little to push our issues in DC or reach our goal of
raising 60K !
All IV has to do is send a simple letter to them. Whats harm in doing that !!!
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