PD_Dec2002
03-18 07:17 AM
Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
Mayday
05-09 11:41 PM
btw, I found the law:
(a) An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission to the United States.
(1) An applicant whose lawful admission period is more than six months but less than the full term of a driver license or identification certificate will be issued a driver license or identification certificate with a status date displayed that coincides with the expiration of the applicant's lawful admission period in the United States.
(2) If the lawful admission period in the United States indicated on the document presented by the applicant expires in less than six months from the date of application, no driver license or identification certificate may be issued.
(3) If the document presented by the applicant to demonstrate lawful temporary admission indicates an indefinite expiration date, the driver license or identification certificate will be issued with a status date displayed of one year from the date of application.
(b) In the event the applicant's status is updated or extended, the applicant must present valid documentation of such status change or extension to obtain a duplicate driver license or identification certificate with an updated status date.
(c) The driver license or identification certificate will be cancelled if within 45 days from the status date the applicant is unable to present valid documentation showing a status change or extension of admission period.
it's full title is:
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15 DRIVER LICENSE RULES
SUBCHAPTER K SPECIAL PROVISIONS FOR NON-CITIZENS
RULE �15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
or shorter: 37 TAC �15.171
(a) An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission to the United States.
(1) An applicant whose lawful admission period is more than six months but less than the full term of a driver license or identification certificate will be issued a driver license or identification certificate with a status date displayed that coincides with the expiration of the applicant's lawful admission period in the United States.
(2) If the lawful admission period in the United States indicated on the document presented by the applicant expires in less than six months from the date of application, no driver license or identification certificate may be issued.
(3) If the document presented by the applicant to demonstrate lawful temporary admission indicates an indefinite expiration date, the driver license or identification certificate will be issued with a status date displayed of one year from the date of application.
(b) In the event the applicant's status is updated or extended, the applicant must present valid documentation of such status change or extension to obtain a duplicate driver license or identification certificate with an updated status date.
(c) The driver license or identification certificate will be cancelled if within 45 days from the status date the applicant is unable to present valid documentation showing a status change or extension of admission period.
it's full title is:
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15 DRIVER LICENSE RULES
SUBCHAPTER K SPECIAL PROVISIONS FOR NON-CITIZENS
RULE �15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
or shorter: 37 TAC �15.171
santa123
07-05 03:25 PM
mbawa2574 for IV president. Anyone?
Dude if you do not like something, why don't you start your own aggressive organization. You do not do squat on IV and only whined.
ganguteli for IV President and Public relations:D:D
Anyone? why not?
Dude if you do not like something, why don't you start your own aggressive organization. You do not do squat on IV and only whined.
ganguteli for IV President and Public relations:D:D
Anyone? why not?
eb3_nepa
08-10 12:34 PM
Which Monday are we going to get these receipts. About 3 Mondays have come and gone and a 4th one coming up :)
more...
485Mbe4001
08-15 11:50 AM
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact
myvoice23
08-26 12:05 PM
Not sure about which bank would be good but whichever bank you choose make sure that they give you a statement of how much interest you paid over the year. Most people don't realize that you can deduct interest paid for a home loan in India is tax deductible in the US. Just FYI.
You mentioned "you can deduct interest paid for a home loan in India is tax deductible in the US." Can you explain how? Is there any one some one you know or you claimed this before?
Thanks.
You mentioned "you can deduct interest paid for a home loan in India is tax deductible in the US." Can you explain how? Is there any one some one you know or you claimed this before?
Thanks.
more...
desigirl
04-30 12:06 PM
IV Team,
I have been calling the list of Senators - and some of them say they do not support amnesty. I do talk about high skilled immigrants (from pappu's brief). My question is how do I make the distinction between the two groups without sounding that I am being against the undocumented?
Appreciate your help on this as I continue calling the Senators. Thanks
I have been calling the list of Senators - and some of them say they do not support amnesty. I do talk about high skilled immigrants (from pappu's brief). My question is how do I make the distinction between the two groups without sounding that I am being against the undocumented?
Appreciate your help on this as I continue calling the Senators. Thanks
ronhira
07-06 02:00 AM
Change of what? 30 mins lunch to 3 hour lunch ???
will that not qualify for a change? change we can believe in? at least this is better than bawa
will that not qualify for a change? change we can believe in? at least this is better than bawa
more...
Dakota Newfie
03-18 09:08 AM
Someone correct me if I'm wrong, but I believe the "SSN Rule" is meant to keep the illegals form getting the rebate?? Ironically, a lot of them are working using "valid", although stolen, SSN numbers anyway so they'll probably still get it if the IRS doesn't have any other way of weening them out? Again, the legal immigrant community gets punished (indirectly) for the misgivings of the illegals. Just my rambling thoughts...:cool:
santb1975
07-19 12:12 PM
I have been contributing 50$ a month so far. I upgraded that to 100$ every month. Please contribute.
Also I was wondering Isn't there a way to upgrade from 50$ to 100$ by changing the amount. I had to sign up for 100$ recurring and cancel the 50$ recurring contribution. Could be just me today :-)
Also I was wondering Isn't there a way to upgrade from 50$ to 100$ by changing the amount. I had to sign up for 100$ recurring and cancel the 50$ recurring contribution. Could be just me today :-)
more...
somegchuh
01-04 04:33 PM
I see that a lot of us feel really stuck because of the long GC process and yet we continue to wait. Eventually we all want to have:
1. Freedom to switch jobs
2. Freedom to start businesses
3. Freedom to travel
4. Freedom to have spouse working
I hope and pray that it comes thru sooner than later for all of us. Let's say you get your GC in 1-2-x years. How many years after that would you go back? 2-3 or wait till you get US citizenship? Would you give up the GC after having spent 5+ years waiting and maybe a total of 8-10+ years in US?
For those of us who are thinking that I want to go back eventually, what steps do you plan to take once you get your GC? The reason I raise this question is, it was easy to adapt to a new place when you were young. 6-10 years later (and a couple of kids later :-) what are some of the things you intend to do make your transition homewards easier? Has anyone considered taking on positions with significant travel to India(or your home country) so that you can get accustomed to the lifestyle/work environment/business back home?
1. Freedom to switch jobs
2. Freedom to start businesses
3. Freedom to travel
4. Freedom to have spouse working
I hope and pray that it comes thru sooner than later for all of us. Let's say you get your GC in 1-2-x years. How many years after that would you go back? 2-3 or wait till you get US citizenship? Would you give up the GC after having spent 5+ years waiting and maybe a total of 8-10+ years in US?
For those of us who are thinking that I want to go back eventually, what steps do you plan to take once you get your GC? The reason I raise this question is, it was easy to adapt to a new place when you were young. 6-10 years later (and a couple of kids later :-) what are some of the things you intend to do make your transition homewards easier? Has anyone considered taking on positions with significant travel to India(or your home country) so that you can get accustomed to the lifestyle/work environment/business back home?
kiran24
08-03 11:06 PM
bump
more...
JunRN
08-21 02:42 PM
DMV California doesn't need proof of residence....it will ask for I-94 or Greencard to check your legal status....as for residence, it will only ask for your address and will not ask for any proof...
Expiry of DL from Ca. DMV is based on I-94....
Expiry of DL from Ca. DMV is based on I-94....
csvinay
07-20 12:33 PM
ok. How did we miss this? Did we miss a chance to call up the concerned senators?
more...
akv123
07-20 06:10 PM
The numbers are assumptions and NOT facts. Most of these numbers have actually been pulled from other places or based on some rationale (for example 750,000 from Matthew Oh site, 5 minutes/EAD based on what need to be done to print out a card and pack in an envelop)
Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.
Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
What about bringing on H1B fresh graduates as Visa Processing Experts with a two days of Boot Camp Training? Anyway, we are forgetting that USCIS processed 25000 applications in 2 days. Please do not undermine efficiency we have seen in last days -- with that rate, I expect everything to get cleared in few weeks. If improved productivity is maintained/sustained to this level, I do not see any chance for outsourcing or bring H1B guys to this country. Best luck America!
Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.
Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
What about bringing on H1B fresh graduates as Visa Processing Experts with a two days of Boot Camp Training? Anyway, we are forgetting that USCIS processed 25000 applications in 2 days. Please do not undermine efficiency we have seen in last days -- with that rate, I expect everything to get cleared in few weeks. If improved productivity is maintained/sustained to this level, I do not see any chance for outsourcing or bring H1B guys to this country. Best luck America!
Aah_GC
07-11 12:13 PM
Try your best to find a job. The market is picking up. At least try to join one of those desi companies even if they are offering a low salary. Just get past this time without making your situation a whole lot more complex.
Dont worry about lawyers, your ex employer revoking I140 - all that stuff doesn't matter now - just go find a job.
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
Dont worry about lawyers, your ex employer revoking I140 - all that stuff doesn't matter now - just go find a job.
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
more...
arnab221
06-20 10:50 AM
My employer is a big wall street investment bank, and they have filed my PERM on May 14th.
The trend for PERM certification at Atlanta, as per my employer is between 90-120 days. Because they handled so many PERM cases at Atlanta, they know this trend.
Nothing muck we can do here. Just pray and hope for the best.
PRAYING WILL NOT HELP : God and the US helps those who help themselves . :D
The trend for PERM certification at Atlanta, as per my employer is between 90-120 days. Because they handled so many PERM cases at Atlanta, they know this trend.
Nothing muck we can do here. Just pray and hope for the best.
PRAYING WILL NOT HELP : God and the US helps those who help themselves . :D
reddymjm
02-23 04:32 PM
What is LUD
Last updated date
Last updated date
kondur_007
12-16 07:50 PM
But million dollar question is when they will apply spillover visa?
I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.
I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.
mangelschots
06-01 03:25 PM
AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
nk2006
10-17 10:13 AM
Thanks to everyone who sent the letters already. Please continue to do the same and encourage your friends to do the same.
sounakc, sw33t - it seems you need more info to decide. Please post here about the info you need. We have many people who are pretty knowledgeable on matters related to AC21 (like chaduv) who might be able to answer them. If it is something about this campaign and have questions - please shoot, will try to explain why we are considering it is a serious one and can affect anyone.
Everything related to EB immigration is grim for last couple years - the only two things that made some positive impact on us are July 07 fiasco and admin reforms. IV made great efforts to achieve them against all odds (just like RedSox win yesterday :)) - those two combined with AC21 regulations provided many of us the flexibility and career advancement that we missed because of this cesspool called GC. Now that flexibility is at stake. What is the use of AC21 regulations and EAD if we are not certain about whether our I485 will not be denied later.
Some have pointed out that this will not affect them or that their previous employer will not revoke I140. First of all - never assume your I140 will not be revoked - it can happen in many circumstances even if you had good relations with employer. And even if you are not planning to use AC21 right now, think about this: we are all in this together to make EB immigration better. When things are tough to make any change (legislatively or administratively) - we cannot afford to lose one of the very few positive things that happened to us. IV core fought for us - spending their time and even money - lets take some inspiration from their acts, and show them that we volunteers are serious when we say that we want to contribute to IV and make a difference to EB laws or USCIS functioning.
sounakc, sw33t - it seems you need more info to decide. Please post here about the info you need. We have many people who are pretty knowledgeable on matters related to AC21 (like chaduv) who might be able to answer them. If it is something about this campaign and have questions - please shoot, will try to explain why we are considering it is a serious one and can affect anyone.
Everything related to EB immigration is grim for last couple years - the only two things that made some positive impact on us are July 07 fiasco and admin reforms. IV made great efforts to achieve them against all odds (just like RedSox win yesterday :)) - those two combined with AC21 regulations provided many of us the flexibility and career advancement that we missed because of this cesspool called GC. Now that flexibility is at stake. What is the use of AC21 regulations and EAD if we are not certain about whether our I485 will not be denied later.
Some have pointed out that this will not affect them or that their previous employer will not revoke I140. First of all - never assume your I140 will not be revoked - it can happen in many circumstances even if you had good relations with employer. And even if you are not planning to use AC21 right now, think about this: we are all in this together to make EB immigration better. When things are tough to make any change (legislatively or administratively) - we cannot afford to lose one of the very few positive things that happened to us. IV core fought for us - spending their time and even money - lets take some inspiration from their acts, and show them that we volunteers are serious when we say that we want to contribute to IV and make a difference to EB laws or USCIS functioning.
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