niklshah
05-25 12:44 PM
so the amendmants which were linked to war bill are differant than all this HR bills.....?
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hmehta
07-24 06:39 PM
Probably it differs by state, but DL has no ties with H1-B renewal or vice-versa, at least in CA. My wife's H1 expires in Apr 09, but she recently got her DL renewed until Sept. 2012!! If it was a federal law change (after 9/11), it would have to be applied to every state.
seahawks
09-13 01:48 AM
Send emails to
WA State newspapers
The Olympian
Seattle Daily Journal of Commerce
Seattle PI
The Seattle Sun
The Seattle Times
Radio
NPR Seattle
and still sending some more, updates will follow:)
WA State newspapers
The Olympian
Seattle Daily Journal of Commerce
Seattle PI
The Seattle Sun
The Seattle Times
Radio
NPR Seattle
and still sending some more, updates will follow:)
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smsthss
08-26 10:15 AM
Is this true? Can we include the interest paid in India's property loan in our tax returns 1040 in US? I was thinking it was not possible? Can someone confirm this..
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.
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.
more...
axp817
12-01 10:20 AM
Another soft LUD on the 485 today - this is the 4th soft LUD since 11/24.
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
nandakumar
05-27 07:37 PM
Friendly Bump....
more...
inspectorfox
07-19 05:02 PM
http://www.imminfo.com/resources/cissop.html
Does anyone have the SOP for I-140?
Does anyone have the SOP for I-140?
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CaliHoneB
09-08 10:29 AM
Came here in july 1997
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
more...
bomber
07-20 01:16 PM
I think you can also switch using your H1-B. You can still invoke Ac21 on H1-B, just that EAD makes it easier to find new employers.
moreover, you will now have to spend approx 4K on H1 renewals every year.
I can see how it will affect many people's (including mine) spouses job prospects.
Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
"an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"
or does it say
"6 months after filing 485, the employee can switch"
thanks
moreover, you will now have to spend approx 4K on H1 renewals every year.
I can see how it will affect many people's (including mine) spouses job prospects.
Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
"an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"
or does it say
"6 months after filing 485, the employee can switch"
thanks
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eb3retro
03-04 04:00 PM
see my post here..
http://immigrationvoice.org/forum/showpost.php?p=321797&postcount=44
http://immigrationvoice.org/forum/showpost.php?p=321797&postcount=44
more...
panini
07-06 02:10 PM
OMG!!! Dude, you are the first one who said something like that and got away with it!!!!
IV core leadership has to change and so is the stratergy. Current Lobbying efforts have clearly not worked out. I call for elections to elect the new core team. All these conference calls and inaction is just wastage of time and things are getting worse. We need an aggressive stratergy and may need to take names and hit people openly to get our agenda pushed. IV leadership clearly lacks these skills.
IV core leadership has to change and so is the stratergy. Current Lobbying efforts have clearly not worked out. I call for elections to elect the new core team. All these conference calls and inaction is just wastage of time and things are getting worse. We need an aggressive stratergy and may need to take names and hit people openly to get our agenda pushed. IV leadership clearly lacks these skills.
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learning01
04-25 05:18 PM
Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
more...
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Milind123
09-14 07:56 PM
Lets have a quick penultimate round. New contributors have, so far, not let us down. They have stepped forward in each and every round and made it a success. They have taken the most difficult step; contribute for the first time. I know, I was there once. Kudos to them.
In this round could I have support from three existing contributors to quickly finish this round. May I have some pledges please? I would like to fire the third round. BTW this pistol has seven shots. Once we finish this round we will move to the last round and it has 14 shots. 21 shots in total.
These 2 rounds is specially dedicates to the core team members; without them there won�t be any shots fired here. Without them Sept18th would be just one ordinary day on the calendar. They have given us a chance to remember Sep18th forever, no matter what the results are after that day. For me personally, Sept 18th will be a defining moment. So lets give a deserving 21 Gun salute to the core team.
We just need three people who have never contributed before.
In this round could I have support from three existing contributors to quickly finish this round. May I have some pledges please? I would like to fire the third round. BTW this pistol has seven shots. Once we finish this round we will move to the last round and it has 14 shots. 21 shots in total.
These 2 rounds is specially dedicates to the core team members; without them there won�t be any shots fired here. Without them Sept18th would be just one ordinary day on the calendar. They have given us a chance to remember Sep18th forever, no matter what the results are after that day. For me personally, Sept 18th will be a defining moment. So lets give a deserving 21 Gun salute to the core team.
We just need three people who have never contributed before.
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mayhemt
06-24 08:47 PM
Actually there are 2 sides to these questions.. (Of course I am also one of the EB3 aspirants.)
1. What is America losing because of our prolonged wait for Green Cards?
America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.
America would be gaining in terms of revenue & employment creation:
Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.
2. How people who have green cards are contributing to the country as a whole ?
By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.
On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.
3. What if the whole green card process takes less than 3 years ?
If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.
On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.
1. What is America losing because of our prolonged wait for Green Cards?
America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.
America would be gaining in terms of revenue & employment creation:
Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.
2. How people who have green cards are contributing to the country as a whole ?
By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.
On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.
3. What if the whole green card process takes less than 3 years ?
If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.
On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.
more...
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chocolate
06-05 08:36 AM
Veni
I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
http://www.aila.org/content/default.aspx?docid=22481
My labor is approved and i am yet to file 140/485/EAD/AP. Am i in trouble?Its still a bill right?Not a law.:mad: :mad:
I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
http://www.aila.org/content/default.aspx?docid=22481
My labor is approved and i am yet to file 140/485/EAD/AP. Am i in trouble?Its still a bill right?Not a law.:mad: :mad:
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snathan
08-23 10:01 PM
You are down to demeaning Bsc's and BCom's. Remember, to manage an enterprise is no joke, or else even you would have done it long back. All the noises that are coming from you are nothing but sour grapes. When nothing else is left, you turn to demeaning
For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS
Send your recommendations to USCIS/DOL and your certification about bsc and bcom. Also enlighten us with your larger perspective of how this multinational executive making 32K per annum adding more jobs/potential to the economy.
For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS
Send your recommendations to USCIS/DOL and your certification about bsc and bcom. Also enlighten us with your larger perspective of how this multinational executive making 32K per annum adding more jobs/potential to the economy.
more...
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h1techSlave
04-12 03:40 PM
I have read online that S-corp is better than LLC. Is that true?
Below is some info that I have collected:
Anyone who is planning to do business within the State of Maryland, using a name other than their own personal name, must register with the state of Maryland (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html) ). If your business is a sole proprietorship, you do not need to register your business with the state.
For help selecting a legal structure for your business, visit our Business Incorporation (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html)) guide.
Your choices include sole proprietorship, partnership, corporation, "S" corporation or limited liability corporation (LLC). Personal liability, taxes, paperwork and regulations vary greatly among the different legal business structures. Your attorney and accountant will play a key role in assisting you in this important decision.
C Corp will be double taxation. While S corp is not.
The profit earned thru C Corp can be taken out by the owner of the company. But he has to pay 15% tax.
What company to start - LLC (or) C- Corp. In our non-immigrant view, this is the difference - Under LLC, your company A's financial profit/loss etc will appear on your tax return. In other words, when you are out there at the consulate requesting a visa (or) for any other purpose and the officer asks for your tax return, there is a likelihood that the officer will ask you about all those financial records in the tax return.. and you will have to explain about your company which could lead to some other questions - what company and who are the employees etc etc ??
Under C- corp - it is like investing in the stock market. It will show that you have invested in a company stock and that company has paid you dividends. Period. So personally i prefer C-corp... there will be less questions in the future. I donot know if i'am right or wrong. Professionals out there can correct me if i'am wrong.
Now for the real differences - Under C-corp, you will be taxed twice - (ie) The company makes profit and there is a tax on that. Now the company divides the profit and gives it to its owners (you), and you get taxed for the dividends. bottomline - if C-corp, then it is like investing in the stock market.
Under LLC - the company profit's trickle down to your profits and you pay taxes only once.
Below is some info that I have collected:
Anyone who is planning to do business within the State of Maryland, using a name other than their own personal name, must register with the state of Maryland (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html) ). If your business is a sole proprietorship, you do not need to register your business with the state.
For help selecting a legal structure for your business, visit our Business Incorporation (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html)) guide.
Your choices include sole proprietorship, partnership, corporation, "S" corporation or limited liability corporation (LLC). Personal liability, taxes, paperwork and regulations vary greatly among the different legal business structures. Your attorney and accountant will play a key role in assisting you in this important decision.
C Corp will be double taxation. While S corp is not.
The profit earned thru C Corp can be taken out by the owner of the company. But he has to pay 15% tax.
What company to start - LLC (or) C- Corp. In our non-immigrant view, this is the difference - Under LLC, your company A's financial profit/loss etc will appear on your tax return. In other words, when you are out there at the consulate requesting a visa (or) for any other purpose and the officer asks for your tax return, there is a likelihood that the officer will ask you about all those financial records in the tax return.. and you will have to explain about your company which could lead to some other questions - what company and who are the employees etc etc ??
Under C- corp - it is like investing in the stock market. It will show that you have invested in a company stock and that company has paid you dividends. Period. So personally i prefer C-corp... there will be less questions in the future. I donot know if i'am right or wrong. Professionals out there can correct me if i'am wrong.
Now for the real differences - Under C-corp, you will be taxed twice - (ie) The company makes profit and there is a tax on that. Now the company divides the profit and gives it to its owners (you), and you get taxed for the dividends. bottomline - if C-corp, then it is like investing in the stock market.
Under LLC - the company profit's trickle down to your profits and you pay taxes only once.
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baburob2
03-15 06:25 PM
Overall no big progress w.r.t our title's though Brownback's comment on immigration numbers is good.
Senate Judiciary Committee Continues Slow Progress in Markup of Immigration Reform Legislation
Cite as "AILA InfoNet Doc. No. 06031540 (posted Mar. 15, 2006)"
The Senate Judiciary Committee continued its consideration today of draft legislation on comprehensive immigration reform sponsored by Senate Judiciary Committee Chairman Arlen Specter. The Committee officially took up the bill, known as the �Chairman�s Mark,� on March 2 but has made very slow progress to date.
The following is a very brief summary of the amendments that were addressed during today�s session. See our previous update on last week�s markup sessions. We will continue to update you as action on the bill continues.
1. The Committee passed by a voice vote a compromise amendment by Feingold that would preserve some level of judicial review over naturalization applications.
2. A Specter 2nd degree amendment to a Sessions amendment on evading inspection passed.
3. A Leahy amendment on security-related issues passed by voice vote.
4. A Kennedy amendment to ameliorate the Mark�s retroactive provisions was debated and deferred.
5. A Feinstein amendment to modify the provisions of the Mark relating to border security was deferred for future action.
6. A Durbin amendment to strike the Mark�s criminalization of unlawful status was once again deferred for future consideration. Feinstein attempted to offer a 2nd degree amendment that would provide aliens with a 60-day grace period for visa overstays before they are subject to criminal prosecution under INA � 275(a), but Specter would not allow it since Durbin�s underlying amendment was set aside.
7. A Durbin amendment to ameliorate the Mark�s smuggling provision so as not to criminalize humanitarian assistance was once again debated and deferred. Kyl spoke in opposition to the amendment. Cornyn had a second degree that Hatch thought was insufficient. Hatch, Schumer and Biden spoke in opposition to Cornyn�s 2nd degree. Cornyn was not convincing, but Kyl did some damage.
8. A Sessions amendment to affirm the inherent authority of state and local law enforcement personnel to enforce federal civil immigration laws during the normal course of carrying out their duties was discussed. Specter offered a 2nd degree that would limit the inherent authority of states and localities to the enforcement of the criminal provisions of the immigration laws. Sessions would only support the 2nd degree if the provisions of the Mark criminalizing unlawful presence remain intact. Thus, if the Durbin amendment to strike those provisions passes, Sessions wants to revisit the Specter 2nd degree. Specter�s 2nd degree passed by voice vote.
9. A Sessions amendment that would require the Secretary of Homeland Security to provide information to the National Crime Information Center (NCIC) related to aliens who may have violated certain immigration laws passed by a voice vote. The broadly worded amendment would encompass visa overstayers, other civil violators, and even members of vulnerable populations such as asylum-seekers who are improperly documented but seeking relief. Leahy and Kennedy voted against the amendment and Leahy spoke in opposition to overloading the NCIC database with individuals who do not belong in it. A Specter 2nd degree amendment that would provide a procedure for requesting removal from the database and modify the group of individuals included in it passed by voice vote.
10. A Sessions amendment that would require at least one law enforcement agency in each state to enter into a � 287(g) cooperative enforcement agreement to enforce immigration laws against alien smugglers was considered. Sessions accepted a Coburn 2nd degree amendment that would clarify: (1) that such agreements would be purely voluntary, and (2) that the �287(g) enforcement authority would not be limited to alien smuggling. There was no quorum to vote on these, however, and they were set aside.
Part way through the markup, Specter attempted to jump to a debate on the issue of the undocumented population, noting that he has reiterated to Senate Majority Leader Frist that he (Specter) opposes bringing immigration reform to the Senate Floor before the Senate Judiciary Committee had completed its consideration of the Chairman�s Mark. Biden and Kennedy voiced their support of Specter�s desire to complete work in Committee. Kennedy added, �this issue is NOT going away, like some other issues,� and urged deferral of the Title VI discussion until tomorrow (Title VI contains the provisions dealing with the undocumented population). He added that we need to deal with ALL aspects of reform to have real, lasting border security�going forward with any of these components alone will fail.
Durbin said that, to defeat the House bill (H.R. 4437), the Committee needs to pass a strong bipartisan bill with the support of about 12 members. He feels the Committee should do an extra markup session on a day when there is no other Senate business. �We need to watch the House,� noted Durbin, adding: �They have a bill we need to fight at all costs. We need bipartisan support out of this Committee.�
Brownback stated that the Committee has started a process to create broad bipartisan support for good policy, and that this is the most significant legislation of the year. �We have serious problems with immigrant numbers,� he said. �We can�t live with these and need to change them. McCain/Kennedy would deal with this. How do we get the Mark to deal with these numbers? We need a way NOT to end up here again after 10 years. We can�t move too quickly.�
Cornyn described the process as akin to �digging out of a big hole,� noting that with enforcement done first, other issues would get simpler. He believes we need to impose circularity---not permanent immigration.
Coburn said that, like it or not, we have to deal with issue of the undocumented population. He urged the Committee to split the bill in two and do enforcement first, and work to reach consensus on other parts later in the year. �No one in the country trusts us on this issue because we haven�t enforced our existing laws,� he said.
Feinstein stated her concerns about the process, and also spoke out against comprehensive immigration reform and in favor of her more limited agricultural pilot program idea. She said she had met with Senator Craig (the sponsor of AgJobs) yesterday to see if they could work out their differences but there has been no resolution yet. She also expressed much frustration with Frist�s artificial timeline. She indicated her opposition to the House bill, and said that consensus was needed in the Committee (she believes the Committee has come to some consensus on the enforcement pieces but little else). She urged Specter to go back to Frist and ask for more time.
Sessions said we need to focus on enforcement now, and then have a national discussion later on the other elements of immigration reform. He believes Congress needs to focus on enforcement to build credibility with the public. �I�m not prepared to repeat 1986,� he said. �We should slow down.�
Specter repeatedly voiced his concern about �line-jumping,� arguing that the McCain/Kennedy bill would �leap frog� the current undocumented population over individuals who have been waiting in the backlogs. He also said that he�d prefer it if the legislation contained a path to citizenship but, as Chair, was trying to balance both sides.
In other hurdles to the Judiciary Committee�s completion of work on the bill, Senate Finance Committee Chairman Grassley, who is also a member of the Judiciary Committee, argued that the Finance Committee should have jurisdiction over the provisions of the Mark relating to the Social Security Act, adding that the IRS has raised serious concerns about some of these amendments. However, several other senators argued for consideration of these provisions in the Judiciary Committee. It is also possible that Grassley could exercise the Finance Committee�s authority by managing those amendments during floor debate.
The Committee disbanded about noon, due to a number of votes on the Senate Floor and the attendant low probability of maintaining a voting quorum in the Committee.
http://www.aila.org/content/default.aspx?docid=18835
Senate Judiciary Committee Continues Slow Progress in Markup of Immigration Reform Legislation
Cite as "AILA InfoNet Doc. No. 06031540 (posted Mar. 15, 2006)"
The Senate Judiciary Committee continued its consideration today of draft legislation on comprehensive immigration reform sponsored by Senate Judiciary Committee Chairman Arlen Specter. The Committee officially took up the bill, known as the �Chairman�s Mark,� on March 2 but has made very slow progress to date.
The following is a very brief summary of the amendments that were addressed during today�s session. See our previous update on last week�s markup sessions. We will continue to update you as action on the bill continues.
1. The Committee passed by a voice vote a compromise amendment by Feingold that would preserve some level of judicial review over naturalization applications.
2. A Specter 2nd degree amendment to a Sessions amendment on evading inspection passed.
3. A Leahy amendment on security-related issues passed by voice vote.
4. A Kennedy amendment to ameliorate the Mark�s retroactive provisions was debated and deferred.
5. A Feinstein amendment to modify the provisions of the Mark relating to border security was deferred for future action.
6. A Durbin amendment to strike the Mark�s criminalization of unlawful status was once again deferred for future consideration. Feinstein attempted to offer a 2nd degree amendment that would provide aliens with a 60-day grace period for visa overstays before they are subject to criminal prosecution under INA � 275(a), but Specter would not allow it since Durbin�s underlying amendment was set aside.
7. A Durbin amendment to ameliorate the Mark�s smuggling provision so as not to criminalize humanitarian assistance was once again debated and deferred. Kyl spoke in opposition to the amendment. Cornyn had a second degree that Hatch thought was insufficient. Hatch, Schumer and Biden spoke in opposition to Cornyn�s 2nd degree. Cornyn was not convincing, but Kyl did some damage.
8. A Sessions amendment to affirm the inherent authority of state and local law enforcement personnel to enforce federal civil immigration laws during the normal course of carrying out their duties was discussed. Specter offered a 2nd degree that would limit the inherent authority of states and localities to the enforcement of the criminal provisions of the immigration laws. Sessions would only support the 2nd degree if the provisions of the Mark criminalizing unlawful presence remain intact. Thus, if the Durbin amendment to strike those provisions passes, Sessions wants to revisit the Specter 2nd degree. Specter�s 2nd degree passed by voice vote.
9. A Sessions amendment that would require the Secretary of Homeland Security to provide information to the National Crime Information Center (NCIC) related to aliens who may have violated certain immigration laws passed by a voice vote. The broadly worded amendment would encompass visa overstayers, other civil violators, and even members of vulnerable populations such as asylum-seekers who are improperly documented but seeking relief. Leahy and Kennedy voted against the amendment and Leahy spoke in opposition to overloading the NCIC database with individuals who do not belong in it. A Specter 2nd degree amendment that would provide a procedure for requesting removal from the database and modify the group of individuals included in it passed by voice vote.
10. A Sessions amendment that would require at least one law enforcement agency in each state to enter into a � 287(g) cooperative enforcement agreement to enforce immigration laws against alien smugglers was considered. Sessions accepted a Coburn 2nd degree amendment that would clarify: (1) that such agreements would be purely voluntary, and (2) that the �287(g) enforcement authority would not be limited to alien smuggling. There was no quorum to vote on these, however, and they were set aside.
Part way through the markup, Specter attempted to jump to a debate on the issue of the undocumented population, noting that he has reiterated to Senate Majority Leader Frist that he (Specter) opposes bringing immigration reform to the Senate Floor before the Senate Judiciary Committee had completed its consideration of the Chairman�s Mark. Biden and Kennedy voiced their support of Specter�s desire to complete work in Committee. Kennedy added, �this issue is NOT going away, like some other issues,� and urged deferral of the Title VI discussion until tomorrow (Title VI contains the provisions dealing with the undocumented population). He added that we need to deal with ALL aspects of reform to have real, lasting border security�going forward with any of these components alone will fail.
Durbin said that, to defeat the House bill (H.R. 4437), the Committee needs to pass a strong bipartisan bill with the support of about 12 members. He feels the Committee should do an extra markup session on a day when there is no other Senate business. �We need to watch the House,� noted Durbin, adding: �They have a bill we need to fight at all costs. We need bipartisan support out of this Committee.�
Brownback stated that the Committee has started a process to create broad bipartisan support for good policy, and that this is the most significant legislation of the year. �We have serious problems with immigrant numbers,� he said. �We can�t live with these and need to change them. McCain/Kennedy would deal with this. How do we get the Mark to deal with these numbers? We need a way NOT to end up here again after 10 years. We can�t move too quickly.�
Cornyn described the process as akin to �digging out of a big hole,� noting that with enforcement done first, other issues would get simpler. He believes we need to impose circularity---not permanent immigration.
Coburn said that, like it or not, we have to deal with issue of the undocumented population. He urged the Committee to split the bill in two and do enforcement first, and work to reach consensus on other parts later in the year. �No one in the country trusts us on this issue because we haven�t enforced our existing laws,� he said.
Feinstein stated her concerns about the process, and also spoke out against comprehensive immigration reform and in favor of her more limited agricultural pilot program idea. She said she had met with Senator Craig (the sponsor of AgJobs) yesterday to see if they could work out their differences but there has been no resolution yet. She also expressed much frustration with Frist�s artificial timeline. She indicated her opposition to the House bill, and said that consensus was needed in the Committee (she believes the Committee has come to some consensus on the enforcement pieces but little else). She urged Specter to go back to Frist and ask for more time.
Sessions said we need to focus on enforcement now, and then have a national discussion later on the other elements of immigration reform. He believes Congress needs to focus on enforcement to build credibility with the public. �I�m not prepared to repeat 1986,� he said. �We should slow down.�
Specter repeatedly voiced his concern about �line-jumping,� arguing that the McCain/Kennedy bill would �leap frog� the current undocumented population over individuals who have been waiting in the backlogs. He also said that he�d prefer it if the legislation contained a path to citizenship but, as Chair, was trying to balance both sides.
In other hurdles to the Judiciary Committee�s completion of work on the bill, Senate Finance Committee Chairman Grassley, who is also a member of the Judiciary Committee, argued that the Finance Committee should have jurisdiction over the provisions of the Mark relating to the Social Security Act, adding that the IRS has raised serious concerns about some of these amendments. However, several other senators argued for consideration of these provisions in the Judiciary Committee. It is also possible that Grassley could exercise the Finance Committee�s authority by managing those amendments during floor debate.
The Committee disbanded about noon, due to a number of votes on the Senate Floor and the attendant low probability of maintaining a voting quorum in the Committee.
http://www.aila.org/content/default.aspx?docid=18835
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Libra
07-06 03:18 PM
There are many members who think IV and other members are fighting for re-reversal of VB or increase in visa number for 2007....
why dont they understand that we are fighting to avoid rejection, we are not asking them to re-revise bulletin, all we want is just accept the application without rejecting them, so that we can save ourselves from loosing money and time. dont make fun of IV and other members who's putting their efforts in it, no matter what the result is. if you dont want to participate please stop visiting this forum.
Paisa you too man.
definitely if the result on Monday is the reversal of USCIS decision and July is open again.
why dont they understand that we are fighting to avoid rejection, we are not asking them to re-revise bulletin, all we want is just accept the application without rejecting them, so that we can save ourselves from loosing money and time. dont make fun of IV and other members who's putting their efforts in it, no matter what the result is. if you dont want to participate please stop visiting this forum.
Paisa you too man.
definitely if the result on Monday is the reversal of USCIS decision and July is open again.
ind_game
05-15 09:02 PM
Maybe someone that has had to go through this can respond.
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
I changed jobs from a desi company to a large corporation using AC 21.
I had to file two MTRs. I have spent everything from my pocket for the two MTRs.
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
I changed jobs from a desi company to a large corporation using AC 21.
I had to file two MTRs. I have spent everything from my pocket for the two MTRs.
h1techSlave
04-12 03:40 PM
I have read online that S-corp is better than LLC. Is that true?
Below is some info that I have collected:
Anyone who is planning to do business within the State of Maryland, using a name other than their own personal name, must register with the state of Maryland (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html) ). If your business is a sole proprietorship, you do not need to register your business with the state.
For help selecting a legal structure for your business, visit our Business Incorporation (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html)) guide.
Your choices include sole proprietorship, partnership, corporation, "S" corporation or limited liability corporation (LLC). Personal liability, taxes, paperwork and regulations vary greatly among the different legal business structures. Your attorney and accountant will play a key role in assisting you in this important decision.
C Corp will be double taxation. While S corp is not.
The profit earned thru C Corp can be taken out by the owner of the company. But he has to pay 15% tax.
What company to start - LLC (or) C- Corp. In our non-immigrant view, this is the difference - Under LLC, your company A's financial profit/loss etc will appear on your tax return. In other words, when you are out there at the consulate requesting a visa (or) for any other purpose and the officer asks for your tax return, there is a likelihood that the officer will ask you about all those financial records in the tax return.. and you will have to explain about your company which could lead to some other questions - what company and who are the employees etc etc ??
Under C- corp - it is like investing in the stock market. It will show that you have invested in a company stock and that company has paid you dividends. Period. So personally i prefer C-corp... there will be less questions in the future. I donot know if i'am right or wrong. Professionals out there can correct me if i'am wrong.
Now for the real differences - Under C-corp, you will be taxed twice - (ie) The company makes profit and there is a tax on that. Now the company divides the profit and gives it to its owners (you), and you get taxed for the dividends. bottomline - if C-corp, then it is like investing in the stock market.
Under LLC - the company profit's trickle down to your profits and you pay taxes only once.
Below is some info that I have collected:
Anyone who is planning to do business within the State of Maryland, using a name other than their own personal name, must register with the state of Maryland (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html) ). If your business is a sole proprietorship, you do not need to register your business with the state.
For help selecting a legal structure for your business, visit our Business Incorporation (Business.gov - Official Business Link to the U.S. Government (http://www.business.gov/states/maryland/assistance.html)) guide.
Your choices include sole proprietorship, partnership, corporation, "S" corporation or limited liability corporation (LLC). Personal liability, taxes, paperwork and regulations vary greatly among the different legal business structures. Your attorney and accountant will play a key role in assisting you in this important decision.
C Corp will be double taxation. While S corp is not.
The profit earned thru C Corp can be taken out by the owner of the company. But he has to pay 15% tax.
What company to start - LLC (or) C- Corp. In our non-immigrant view, this is the difference - Under LLC, your company A's financial profit/loss etc will appear on your tax return. In other words, when you are out there at the consulate requesting a visa (or) for any other purpose and the officer asks for your tax return, there is a likelihood that the officer will ask you about all those financial records in the tax return.. and you will have to explain about your company which could lead to some other questions - what company and who are the employees etc etc ??
Under C- corp - it is like investing in the stock market. It will show that you have invested in a company stock and that company has paid you dividends. Period. So personally i prefer C-corp... there will be less questions in the future. I donot know if i'am right or wrong. Professionals out there can correct me if i'am wrong.
Now for the real differences - Under C-corp, you will be taxed twice - (ie) The company makes profit and there is a tax on that. Now the company divides the profit and gives it to its owners (you), and you get taxed for the dividends. bottomline - if C-corp, then it is like investing in the stock market.
Under LLC - the company profit's trickle down to your profits and you pay taxes only once.
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