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Milind123

09-17 10:48 AM

I just registered for IV. I wish I could come to DC rally on 18th. But due to certain unavoidable circumstances I may not be able too. Though not an excuse But I feel very guilty about it and this guilt will always remain there that I was not part of rally on 18th. I am contributing a small amount of $ 100 by google order # 309818904607579

That you so much h1gc. It was never my intention to make anyone feel guilty, just wanted to make people passionate about our cause, because it is there cause too.

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mirage41

09-15 09:09 PM

people who do not support pd porting must *morally* refuse any pay hikes they get along the course of the GC journey, decline promotions offered at their workplace and must vehemently refuse any self help initiatives by the employer.

If they actually do that, they are both justified in opposing PD porting and they kinda give away their I.Q in the process! lol

Not to mention, if anyone of the above happens, they need to re-start their GC process *to be fair*!


Before someone gives me red dots, please note the Sarcasm in my post. (I support PD porting with all my heart!!) :D

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Bhanu

09-14 12:59 PM

Order Details - Sep 14, 2007 12:21 PM CDT
Google Order #143895982951884

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radhay

05-15 05:19 PM

bpratap, faced similar issue since they don't understand. Even if they do they are worried it may cause trouble when they sell the loan to some one else.

I have refinanced with Penfed and they don't have this requirement. It helps to put 20% down payment as some banks waive this 3 year rule with that.

Can you post the name of the bank so others don't waste time and money with those banks.

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saimrathi

07-12 10:34 AM

Where did you get your DL renewed? Which state? :confused:

As someone else pointed out, if you don't drive will he/ she won't get a H1B?

This does not make sense.

I just renewed my DL in and BMV did not even ask for my visa/ passport validity and they issued me 5 years renewal (my visa expires in Oct 2008).

I can understand that based on your visa expiry date, BMV may issue only limited time DL.

I know each state has jurisdiction on these matters but there should be basically similar approach.

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laksmi

12-27 09:19 AM

My AP was filed on July 2nd along with 485 but receipt shows Oct 1st, any how received AP approved notice on Oct 23rd to my communication address but the USCIS online status was not updated till now with the Approval statement but I have the approved document, when I called the customer service they said it will take 30 to 60 day to get updated.
Any how there is a printing mistake of my Name I have send back my AP original again to USCIS to get it corrected, it was there mistake and almost 40 days now I have not got any response on my AP till now.

Please comment if any one with such situation.

Thank you

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Caliber

03-12 12:58 PM

I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk. Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.

Dear Vin13,

Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.

If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.

Thanks again for the idea.

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BharatPremi

07-06 01:57 PM

This is too confusing, it looks like USCIS is going crazy.

No This is a height of Cruelity from USCIS. They must have interpreted lot of phone calls and inquiries as "people might not have understood the revision" as they are not from "English Speaking" countries so change it and put "Flip" and "Flop" together as somebody mentioned ahead. But if people might not have understood "Flip" and "Flop" then how can they understand "Flip-Flop"?:)

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kuhelica2000

09-15 05:13 PM

I wasn't planning on porting my PD until I read this nonsense "Injunction" threat. I will now port my PD; GCTest - go and file your injunction. If you don't have enough balls to do that I can lend you one.


That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.

Infact, it would be wrong to call this a lawsuit.

We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.

If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.

The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.

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franklin

07-20 06:03 PM

are u kidding? raise country cap to 10%!!!!!!!!!

only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.

When did that happen? I've never opposed getting rid of the country cap as I find it offensive and discriminatory. Would it screw me personally? Probably, but some people here don't just care about themselves

Don't you dare tar us all!:p

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Macaca

09-13 09:45 PM

After Protest, U.S. to Take Green Card Applications (http://immigrationvoice.org/forum/showpost.php?p=121583&postcount=753) By Xiyun Yang Washington Post Staff Writer, July 18, 2007
Government Does U-Turn on Green Cards (http://immigrationvoice.org/forum/showpost.php?p=121613&postcount=755) By SUZANNE GAMBOA (sgamboa@ap.org) | Associated Press Writer, Jul 17
U.S. Reverses Visa Stance In Bid to Fix July Mix-Up (http://immigrationvoice.org/forum/showpost.php?p=122142&postcount=760) By Miriam Jordan (miriam.jordan.wsj.com) | The Wall Street Journal, July 18 2007
U.S. immigration relaxes rule for "green card" seekers (http://immigrationvoice.org/forum/showpost.php?p=121600&postcount=754) By JoAnne Allen (joanne.allen@reuters.com) | Reuters, Jul 17, 2007
Microsoft backs cricket to woo Indian employees (http://immigrationvoice.org/forum/showpost.php?p=162410&postcount=124) By Daisuke Wakabayashi (Daisuke.Wakabayashi@reuters.com) | Reuters, Mon Sep 10, 2007
Skilled Workers Win Reversal of Decision on Green Cards (http://immigrationvoice.org/forum/showpost.php?p=122141&postcount=759) By JACQUELINE PALANK (jpalank@nytimes.com) | New York Times, July 18, 2007

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Keeme

03-06 07:23 PM

Could you explain this point. Why would lesser number of FB visas be issued in a bad economy ?

Does economy state has any relation to FB visas ?


For pre-adjudication, visa availability or the chances of PD becoming current is not necessary. They can pre-adjudicate based on receipt date.

My guess:
Probably they are processing all employment based applications right away so that they can prepare for CIR 2009. I guess Obama will take CIR this year itself as he has a very high approval rating and lot of goodwill now.

Number of immigrants allowed each year since 1900s. You would see big drop at/after every recessions/depression. Reports says there is already big drop in illegel migration at Mexico border. Govt offiials of any country would do anything and everything they can to control unemployment figures.

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WAIT_FOR_EVER_GC

09-01 03:24 PM

Glad to see there are people like me on this thread. I came to the US in FEB 1995 as an undergrad. I have an MS today and dropped out of the PHD program (2000) to find a job because of recessions. Survived 3 top-notch companies, recessions, despicable back-stabbing coworkers, unethical and unworkable environment, lay-offs, legal dept messing up my H1b application making me go on unpaid leave (~3wks) without health insurance, filing me under EB3 while applying EB2 for another coworker from a diff country with the same job title, etc etc....my rear end is pretty soar these days and I am beginning to question all this....

i usually dont post much...but I couldnt resist this thread
It will take another 9-10 years to get your GC if the system remains the same.
Please upgrade to EB2

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coopheal

08-12 12:34 PM

They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.

Very true. If he really meant what he said (inovating companies use of H1B) in the speach, bill would have something to alleviate employment based GC backlog.

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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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Eb3_frustrated

04-25 02:55 PM

learining01

Good thing you are doing and not talking, but lot of members are giving good suggestions, like contacting Professors who attended the Hearing this morning in the judiciary commitee meetings. Isnt that a new idea that was brought about only today...

We need more ideas and more action as we go along.

...not people running around with sticks trying to exert power or whatever they think they are doing..I mean grow up man..learn to deal with people

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jojet

03-04 02:33 PM

HI GUYS,
me and my spouse filed 1485 in july 2007 with a received date of 10/07/07.
we donot see anychanges online other than the case received and pending notice.
is there a way we can find the status of our case.if name check is cleared,any further finger printing as we only did once in 2007.ours is eb3.any input highly appreciated.

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JunRN

08-13 09:13 PM

I think everything will normalize in October. From RN, EAD may take three to four months.

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rsdang

04-02 10:18 AM

I hear you and for most part agree with you that USCIS - However bad they may seem - is still one of the best run government agencies...

No need for you to trash another country to make your point... We are all foreigners here and know what happens in rest of the world...

Chill... and BTW - USCIS does not give you a green card for sucking up... as you said there is a system and a process in place in US our Karm bhoomi...

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asanghi

04-30 02:33 PM

Can somebody post the link please?

http://judiciary.house.gov/schedule.aspx

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diptam

12-18 12:33 PM

My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.

a) Why do you need this guy
b) Can you find an american instead of this guy
c) How you benchmark performance in the company

etc...

diptam : Whether your I-140 is approved now?

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