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  • GCard_Dream
    07-19 02:50 PM
    Confirmation Number: 1RS188876V717273E

    Made another $100 contribution today. I hope that all members now realize that IV is doing a great job of addressing our issues and finally coming up with some results. This is just the beginning and the member contribution will determine how much more IV can accomplish. If we all don't join forces and contribute one way or the other, 8 or 10 core members alone can't do much.

    Membership and their contribution is the real strength of core team and if either one of those dries up, IV will no longer exist and all EB folks will once again become the step child of immigration process and no one will care about us. We have a voice now through IV, people know that we exist and realize the legal immigration process is badly broken and needs repair. Government and politicians have taken notice and agree that there is a problem with legal immigration. This is very significant. If we would like to continue this fight, contribution is a must.

    For those who are still hesitating to contribute, there is always that F5 (refresh) key which you can keep pressing and hope that some how pressing that F5 key enough times will result in some relief. You folks have more faith on that F5 key than IV and I wish you good luck with your green card process. Once you do get your green card, please let us know how many times did you have to press that key to get a green card. That will set the bar for the future generation of EB applicants.




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  • royus77
    05-30 06:37 PM
    My H1 is be going to expire on 29 June 2007 ( Visa stamp in Passport and I 94 Card) . My company applied H1 extension and i got the receipt . The DMV refused to extend my license and they are asking for the approval notice ..Any one had similar experience & any alternatives ....have to pay myself for the PP ..so want to take advise b4 upgrading

    Thanks
    Roy




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  • vpadman
    01-14 10:29 PM
    I have received a mail from USCIS regarding the emergency AP. They want evidence regarding this emergency AP.

    I am getting this for business travel and will get a letter from my company. However, is there any specific format to this letter?

    If any of you have obtained an AP for business travel, please advise.

    Thanks




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  • Pineapple
    01-06 09:17 PM
    If you have a cogent argument, you can present it. It will be judged by its merits.

    Ad hominem arguments and irate calls to close the thread do not go a long way in proving your point (as much as I can make out there is one in the first place)

    You seem to be a guy from north India who dislikes anything remotely connected to south, or probably you are envious of the strides that south India has taken, anyways I do not care what YOU or Wadhwa says about the quality of education in some parts of the world.

    I do not know how this discussion is going to help our cause.

    Moderators, please close this thread. This thread has potrayed India in bad light to the rest of the world and has given enough ammunition to anti immigrants.



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  • Robert Kumar
    12-02 07:38 AM
    Thanks a lot for your reply 9 years...

    How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.




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  • dwhuser
    02-23 10:45 AM
    Me too. Actually , when the movement is not systematic and the gates are wide open, then they randomly pick up the cases and approve whatever file comes to them. The ones with older PDs suffer a lot while the ones with new ones get their GCs.

    I totally hear ya.....



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  • EkAurAaya
    07-11 02:15 PM
    "Demand for numbers will result in the Employment Third preference Other Worker category reaching the annual FY-2008 numerical limit. As a result, this category will become �unavailable� beginning in August and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and the Employment Third preference Other Worker cut-off date will return to 01JAN03 in October, the first month of the new fiscal year."

    Question is how long will it stay 01Jan03?

    My PD is feb 03 :mad:




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  • for_gc
    08-13 05:18 PM
    Good interpreation there bro', too good to be true.

    Doesn't help us any. The spillover numbers will go to the country which is most retrogressed. So, if Mexico EB3 goes back to April 2001 and stays there and there are any spillover numbers they will first go to Mexico.



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  • conchshell
    05-01 09:17 AM
    So according to Mr. aytes, everything is fine, and house need not worry about bringing any reforms. This is a typical SYB response from a career USCIS beuorocrate.




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  • rajeev_74
    04-25 05:27 PM
    1) Can somebody explain what the CORE objective of asking the UCSIS/DOL
    to change the Priority date from the date of application of Labor to date of filing H1B is?

    2) What is the proposed plan of action to deal with the 100K plus applications already applied for?
    Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
    Ans 2) It should be applied to new AOS applications only.



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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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  • singhsa3
    09-12 01:50 PM
    These are all good thoughts but what u are suggesting takes some time.
    The issue has two legs:
    Leg 1: Process fix
    Leg 2: Increasing number of greencards

    What I am talking about is leg 1 and what you are talking about is for leg 2
    and both are required.

    Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.



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  • satyasaich
    07-15 01:10 PM
    Here is my pledge.
    If $2000 is reached today, i will send another $50 today.
    (Fyi, i've already sent$50 yesterday)

    Satya

    Thanks SkilledWorker4GC !

    Any one else would like to pledge just 5 $ when we reach 2000 $

    Bestofall
    PD March 2005 India
    485 Applied Jul2 2007




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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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  • Kodi
    06-22 11:50 AM
    If you have the username and password you can check the status in the DOL site. Usually only the lawyer and employer can check it as they don't give you the login details but some don't mind.




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  • hiralal
    03-06 05:20 AM
    Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.

    I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.

    you should have asked - is there anyone left here who has not given up. look at plus side - you are not from India / China - I would go to venezula under Chavez's rule in a blink (if I was single ) just for the pretty girls .. jokes aside --
    first there is hope (when you first apply) - then impatience - then despair (as you count the lawyer / USCIS fees over the years) - then anger that nothing is happening - then bit of depression -- then FINALLY you attain NIRVANA -- the bliss (the money saved due to uncertainity helps) !!!! and you realize -- it is just a silly card.. if it has to come it will come. it will come when it has to and why worry about a card when economy in US is lethargic and around the world things are improving.
    so have a backup - enjoy life - look at positive side (maybe you didn't buy a overpriced house because of the GC uncertainity etc) and don't worry ..LIFE is too short .



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  • eb3_nepa
    07-05 10:52 AM
    Admins can we combine this thread and

    http://immigrationvoice.org/forum/showthread.php?t=6082




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  • bskrishna
    07-11 12:14 PM
    Yes there will be dates in Oct. but will that be 2006 Jan.? That is what karanp25 means.
    And answer is it probably will not be. We can look back the bulletin on May and June 2007. Are they match Oct. 2007 bulletin ?

    07 case is different. we can't infer much from that. I hope DOS has some insight into the no of pending cases when the move dates like this. I am sure there will be language in the actual bulletin that saves them from flak when the move dates back. The primary aim is to utilize the visa nos. But with all the information available to them the movement should be proportional to the nos available from spillover and etc.,




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  • man-woman-and-gc
    09-10 08:15 PM
    Well....what happened was in line with what USCIS has done in the past..Last year they made the PD's current and then made it unavailable...this year they jumped the PD by 2.5 years and so the next thing was obviously to retrogress it back by 1 year behind the original date...

    For the first time they have not surprised me !!!!!




    nk2006
    10-17 10:13 AM
    Thanks to everyone who sent the letters already. Please continue to do the same and encourage your friends to do the same.

    sounakc, sw33t - it seems you need more info to decide. Please post here about the info you need. We have many people who are pretty knowledgeable on matters related to AC21 (like chaduv) who might be able to answer them. If it is something about this campaign and have questions - please shoot, will try to explain why we are considering it is a serious one and can affect anyone.

    Everything related to EB immigration is grim for last couple years - the only two things that made some positive impact on us are July 07 fiasco and admin reforms. IV made great efforts to achieve them against all odds (just like RedSox win yesterday :)) - those two combined with AC21 regulations provided many of us the flexibility and career advancement that we missed because of this cesspool called GC. Now that flexibility is at stake. What is the use of AC21 regulations and EAD if we are not certain about whether our I485 will not be denied later.

    Some have pointed out that this will not affect them or that their previous employer will not revoke I140. First of all - never assume your I140 will not be revoked - it can happen in many circumstances even if you had good relations with employer. And even if you are not planning to use AC21 right now, think about this: we are all in this together to make EB immigration better. When things are tough to make any change (legislatively or administratively) - we cannot afford to lose one of the very few positive things that happened to us. IV core fought for us - spending their time and even money - lets take some inspiration from their acts, and show them that we volunteers are serious when we say that we want to contribute to IV and make a difference to EB laws or USCIS functioning.




    hibworker
    12-10 07:40 PM
    Even if you had applied then when single, no difference my friend.
    One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.

    If it is any solace, you actually did not miss the boat!

    I agree. I applied for I-485 and was single at that time. Now I am married and still on H1-B. Nothing has changed for me (as far as immigration is concerned. ;-) )



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