desi485
11-14 06:09 PM
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Chandu, also see this link about cancellation of employment authorisation.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8
� 274a.14 Termination of employment authorization.
(a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:
(i) The expiration date specified by the Service on the employment authorization document is reached;
(ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or
(iii) The alien is granted voluntary departure.
(2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.
However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.
(b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:
(i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or
(ii) Upon a showing that the information contained in the application is not true and correct.
(2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.
(c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.
(2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).
(3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.
[52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Chandu, also see this link about cancellation of employment authorisation.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8
� 274a.14 Termination of employment authorization.
(a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:
(i) The expiration date specified by the Service on the employment authorization document is reached;
(ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or
(iii) The alien is granted voluntary departure.
(2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.
However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.
(b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:
(i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or
(ii) Upon a showing that the information contained in the application is not true and correct.
(2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.
(c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.
(2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).
(3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.
[52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]
wallpaper in The Dark Knight Rises.
gcpain
04-25 04:17 PM
The priority date based on the person first entering/start wrking for US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one. This is good idea and fair deal to everyone which in turn follows FIFO method.
reddymjm
07-11 08:09 AM
little more than 2 yrs
My guess is that they moved the dates so that any one missed the train in jul 2007 will be able to file 485 and/or add spouses to the existing applications. Looks like it will remain there for some time atleast, may be till the year end.
NJOY Eb2 guys.
My guess is that they moved the dates so that any one missed the train in jul 2007 will be able to file 485 and/or add spouses to the existing applications. Looks like it will remain there for some time atleast, may be till the year end.
NJOY Eb2 guys.
2011 The Dark Knight Rises: Azrael
nk2006
10-21 05:24 PM
Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
more...
ps57002
07-27 03:38 PM
any recent approvals...please let us know..give us hope....
gc28262
06-11 03:30 PM
I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
nitinboston,
If you feel you don't deserve a GC, we are fine with that.
However for most of the people on this forum, we deserve it.
Please watch this Aman Kapoor Video.
http://www.youtube.com/watch?v=rqHz7IGoYWQ
"In order to ask for something, you should feel that you deserve it."
It is that simple !
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
nitinboston,
If you feel you don't deserve a GC, we are fine with that.
However for most of the people on this forum, we deserve it.
Please watch this Aman Kapoor Video.
http://www.youtube.com/watch?v=rqHz7IGoYWQ
"In order to ask for something, you should feel that you deserve it."
It is that simple !
more...
cygent
09-02 08:04 PM
Oh man! Landed here in 1998. But your PD is 2008 and IN EB3?!?!? Originally Posted by kalinga_sena
* Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
You must be the oldest person in this thread as well. :D
In my signature... 13 yrs.; '97 as student, survived 2 recessions & a huge bloodsucker from '00 (who has since been sued & investigated & closed). Tried to leave, but H1 issues kept me. By Luck, hard work & planning managed to file 140/485 in '07 & by God's grace 140 approved 12/08, which enabled me to leave aforementioned bloodsucker. Working on EAD since 10/08.
* Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
You must be the oldest person in this thread as well. :D
In my signature... 13 yrs.; '97 as student, survived 2 recessions & a huge bloodsucker from '00 (who has since been sued & investigated & closed). Tried to leave, but H1 issues kept me. By Luck, hard work & planning managed to file 140/485 in '07 & by God's grace 140 approved 12/08, which enabled me to leave aforementioned bloodsucker. Working on EAD since 10/08.
2010 Dark Knight Rises movie.
diptam
10-08 02:58 PM
mayitbesoon,
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
more...
bharani
09-10 09:48 AM
I am in EB2 with a US Master's degree. My priority date is April 2006 and my case is not approved. Many of friends same boat as me are not approved.
So "reddymjm" I don't think all US Master's degree in EB2 are approved.
So "reddymjm" I don't think all US Master's degree in EB2 are approved.
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mjadala
08-13 04:50 PM
We should do our best to push the bills to recapture unused visas by Sept end.
Also the one for STEM and per country quota. Otherwise we are looking at a long wait.
Also the one for STEM and per country quota. Otherwise we are looking at a long wait.
more...
srinivas_o
09-16 06:45 PM
I have made one time of contribution of $100 through PayPal.
Here are the details.
Confirmation Number: 3YE50599L7886501J.
Due to some personal reason, I am not able to make it to Rally, but my heart felt best wishes to everyone.
Here are the details.
Confirmation Number: 3YE50599L7886501J.
Due to some personal reason, I am not able to make it to Rally, but my heart felt best wishes to everyone.
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indio0617
03-09 10:06 AM
senator brownback: amendment on Nurses & Physical therapists (removing cap for India, Phi, Mexico)
more...
house Dark+knight+rises+catwoman
GoneSouth
06-01 06:35 PM
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
tattoo Dark Knight Rises Spoilers
pappu
09-13 03:28 PM
Please post the URL
Pls see the first post on this thread for directions and the URL
Pls see the first post on this thread for directions and the URL
more...
pictures +dark+knight+rises+poster
needhelp!
09-12 03:02 PM
http://www.prleap.com/pr/93560/
http://www.express-press-release.com
http://www.texas-press-release.com
http://www.pressmethod.com/releasestorage/22524.htm
http://www.free-press-release.com/news/200709/1189618576.html
http://www.i-newswire.com
http://www.express-press-release.com
http://www.texas-press-release.com
http://www.pressmethod.com/releasestorage/22524.htm
http://www.free-press-release.com/news/200709/1189618576.html
http://www.i-newswire.com
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delhiguy79
08-14 04:07 PM
guys i think USCIS is not interested in giving EB 3 guys GC...
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
more...
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cheg
07-23 04:03 PM
"my PD were current in 2005.
One thing is confirmed:
When PD are "current" they approve cases based on RD.
My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth."
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
One thing is confirmed:
When PD are "current" they approve cases based on RD.
My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth."
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
girlfriend The Dark Knight Rises
jung.lee
03-04 12:28 PM
Just FYI, on Form 1003 - Uniform Residential Loan Application:
https://www.efanniemae.com/sf/formsdocs/forms/pdf/sellingtrans/1003.pdf
It asks on page 4 of Section VIII. Declarations, questions (j) and (k) - are you a citizen or permanent resident?
https://www.efanniemae.com/sf/formsdocs/forms/pdf/sellingtrans/1003.pdf
It asks on page 4 of Section VIII. Declarations, questions (j) and (k) - are you a citizen or permanent resident?
hairstyles The Dark Knight Rises
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. :)
rajeshalex
08-04 05:36 PM
Originally Filed at TSC Jul 07. EB2
XFRD to NSC in Nov 07
No LUD for an year.
XFRD to NSC in Nov 07
No LUD for an year.
apb
03-06 05:16 PM
Few observations based on thread postings
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
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