Tuesday, June 7, 2011

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  • pappu
    09-09 08:08 PM
    Contributed 100 dollars just now through Paypal.

    Confirmation Number: 51X04511CD291564U.

    I am a great admirer of IV and all the efforts IV did so far.
    I am going to participate 100% sure in the rally. I am spreading word of mouth everyday about the rally. So far I had convinced 15 people to attend to the rally. Everyone complained that they have work on that day as I expected. However I convinced them and they are 100% sure to participate.
    I am pretty confident that this Rally is going to be huge success and will change our lives for sure.

    Thanks everyone for contributing so far and also convincing others to attend the rally or helping IV in any way you can. I will add up the numbers and post updates every couple of days so that we know how we are doing on the target.Thanks again for contributing. Lets try to reach our target much before the deadline. 7 days to go now.




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  • 485Mbe4001
    06-10 12:07 PM
    Recapture is actually a non controvertial issue and most politicians support it in private. The business lobby was sucessful in getting it done (btw the democrats opposed it even then). These days we have the sword of 'amnesty' hanging over everything related to immigration plus the positions are so polarized that it is impossible to get anything done. The lame duck presidency isnt helping either, each congressman/senator has to worry about its own agenda and their people.

    With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.

    As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call

    Visa numbers have been recaptured in the past (year 2000, I think).

    Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?

    Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.

    Perhaps we can borrow some of their wisdom.




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  • tcsonly
    07-11 05:35 PM
    Why not start a new thread for a rally in LA ?




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  • Libra
    09-11 09:14 PM
    zinchak thank you for your contribution.



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  • pappu
    08-09 10:30 AM
    I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. T
    JH

    Thanks. I sent you a PM regarding this.




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  • Suva
    07-18 02:24 PM
    Seems convincing to me.

    only those with labor approved by 31st july can apply.



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  • EAD
    09-12 01:37 PM
    I am a new member and sent $50 by personal check to IV.

    EAD
    PD: May 04 (BEC cleared Nov 06)
    I-140: Jan 07 (Pending NSC)
    I-485: Aug 07 ( No reciepts)




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  • Sachin_Stock
    08-23 09:41 AM
    Definition of EB-2 Advanced Degree:
    ------------------------------------------
    Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

    Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)



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  • Alien
    03-12 09:53 PM
    I know someone with PD EB3-I 2003 March who got his GC today.




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  • aj1234567
    07-05 07:34 PM
    Hi Folks-
    We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
    Thx
    Aj



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  • Dhundhun
    09-10 02:09 PM
    EB2-I PD announcement, which is a black hole coincided with CERN Big Bang Machine. After watching History Channel (they explained details, how this CERN Colloider can create dark matters and black hole) in mid night, PD announcment turned morning bad.

    USCIS is as chaotic as Big Bang and its announcements hits like Black Hole.

    It was so bad news, that I could not see any further, what is happening to others.




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  • willgetgc2005
    01-03 07:21 PM
    truthinspector,

    Please stop bashing India or any country for that matter. Although I
    am waiting for a GC here in America, I always think India is a fabulous
    country. There are merits, de merits in every country. But it is people like you who always look at the negative side (according to you that is ) of India and think US has absolutely no negatives that create the wrong perception about India in peoples minds.

    Your negativity stems from your low self esteem and lack of self confidence.
    Blame your country/system for everything and try to find an escape elsewhere. If you are capable chances are you will succeed any where (Including in India) like many people have.....

    Thanks and I dont need your response.

    _________________________________________



    GC Cons:
    1.You cannot enjoy the company of your parents/relatives.
    2.Your wife cannot work.
    GC Pros:
    1.You and your family will be raised in a pollution free environment.
    2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
    3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
    4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
    5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
    5.Infrastructure?
    6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
    7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).



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  • jung.lee
    04-04 12:55 AM
    :confused::confused:We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.
    ...
    Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
    ...
    [
    But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.

    Good luck.

    I am excerpting Internal Revenue Code Section 1361 below:
    Internal Revenue Code
    � 1361 S corporation defined.


    (a) S corporation defined.

    (1) In general.
    For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.

    (2) C corporation.
    For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.

    (b) Small business corporation.

    (1) In general.
    For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�

    (A) have more than 100 shareholders,

    (B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,

    (C) have a nonresident alien as a shareholder, and
    (D) have more than 1 class of stock.

    (2) Ineligible corporation defined.
    For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�

    (A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,

    (B) an insurance company subject to tax under subchapter L,

    (C) a corporation to which an election under section 936 applies, or

    (D) a DISC or former DISC.

    There is no mention here that the "resident" must be a permanent resident.

    Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:

    Reg �1.871-2. Determining residence of alien individuals.
    Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357

    (a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.

    (b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.

    Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:

    Reg �1.871-4. Proof of residence of aliens.
    (a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.

    (b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.

    (c) Presumption rebutted.

    (1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.




    (c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.


    In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.

    Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!




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  • rbkrao
    03-04 11:40 PM
    Our cases are with NSC. EB2. PD: Mar -06
    i responded to RFE last year. then case processing resumed.

    We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
    LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
    notice ,we did not give any FPs. She said they have our new FPs in the system and applied
    the same.

    i am not sure what she is talking about???

    One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?

    Thanks.



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  • kyjy
    03-24 09:16 PM
    Did anyone receive LC approval that was filed in Delaware?




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  • nivasch
    03-02 03:20 PM
    I found this Information:
    http://seattlepi.nwsource.com/local/6600ap_wst_governors_immigration.html



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  • black_logs
    03-09 12:40 PM
    Yeah that's the million dollar question, schedule A workers allready have 50K qouta, but that kicks off only after the regular EB3 numbers becomes unavailable, so they first use the regular EB3 number. Now they might have kept the status qou on that rule(first use regular EB-3 quota) and then instead of giving a fixed 50K quota they may use as many numbers after that. So basically what I'm saying is for non schedule A workers this amendment may not mean any thing.
    It's a pessimistic view, but that's how immigration system have been in past 3-4 years.

    Guys a little confused.

    How does removing the cap from Schedule A, benefit the rest of us?




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  • 9years
    12-03 08:03 AM
    Congrats 9Years. What a big relief ...... Right !!! Finally DONE. I am waiting for the same moment .....
    Hi Vayumahesh,

    Thank you and you will get it soon. Best of luck.




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  • 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?




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    prasadn
    07-14 11:42 PM
    Thanks for all the hardwork IV. I just contributed $25. Online billpay indicates it will be delivered on 07/21/2008. Confirmation no. 7YCC1-W6GYZ

    Thanks,
    Prasad



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