Friday, June 24, 2011

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  • sunny1000
    09-30 04:16 PM
    USCIS can process recaptured numbers. If 200k numbers are in one year USCIS will plan for 200k numbers in that year.In 2000 they processed more applications after a immigration reform. One way of preventing wastage is plan to process all the applications in 11 months. If any unused numbers can be processed in that one month.

    I would like to have whatever you are smoking when you type these things. Seriously man...give us a break, will ya? Is there a point system by which people get GCs if they play the devil's advocate? I would like to sign up for that.

    The Ombudsman's report clearly stated how USCIS wasted all these visa #s due to their ineffieciency, very well knowing that these #s cannot be re-used the following year. Why don't you send your below mentioned valuable advice to USCIS and see if you can make them do the right thing instead of "educating" us("One way of preventing wastage is plan to process all the applications in 11 months")




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  • 485Mbe4001
    08-18 04:42 PM
    ^^ bump ^^




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  • add78
    06-18 02:54 PM
    please persuade your friends to join IV and donate.
    each donation counts towards the goal and inspires others.
    bump....




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  • ashutrip
    06-27 05:56 PM
    Congrats skillet! Really great news!
    Any march approval?



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  • ilikekilo
    07-23 06:55 PM
    I am sure you'll get GC by the end on this year or early next year. I might have called USCIS abt 15-20 times and from what I understand dates would retrogress for eb3 India, but not horribly. My guess in of the total applications in August 30% have older PD 02/03/04. Becuause pf PERM processing majority are 05/06/07.



    thanks for ur input and still sticking to IV ..




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  • Jimi_Hendrix
    12-07 09:57 AM
    Time: 7 PM PST

    Conference Dial-In: (712) 432-3000

    Conference Bridge: 227974



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  • qplearn
    12-19 11:00 AM
    Well, one or two of us are dispensible but if unite in our effort, then we definitely become indespensible....did we really make an impact by making those thousands of phone calls for the lame duck?.....the fact is that an average american doesn't give a ***** about whether we get our green cards or not because they don't even know our pains.....and the government has too many other trivial and not so trivial issues to deal with than worry about us......lobbying is a good idea but we are still not getting the attention we should be getting......do you think they can really abolish the h1b program?.......foreign workers have become the veins and arteries of these companies and unless until you stop the blood supply, no body is going to even notice.......the dependency on foreign workers is more today that it was a decade ago just because of the sheer volume.
    no the h-1b program will never be abolished. foreign workers are needed in univs for one. and don't forget that the chinese came here to build the rail-way(road) and the indians and chinese (and ppl from many other nationalities) to fix the y2k bug. but regarding making phone calls, i think your assesment is wrong. that made the biggest impact of all. and guess what it costs? almost nothing other than some time and cell phone minutes. let's call Senator Cornyn (see another thread started by jansilal).




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  • nashim
    08-11 04:35 PM
    Is it Rumors or True?

    If it is true then really its very good news and we can see 140 approvals soon.



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  • Kodi
    06-22 02:59 PM
    can some one share there login user name and password to check status of labor. My lawyer has not shared this with me and i have to check with him every other day ... wish i could do it myself ... you can pm me if u prefer
    -M

    Login is uniqe for each employer. My login will not work for you.




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  • ramus
    07-18 03:24 PM
    Great.. Thank you.. Please ask your neighbours to join IV i they have not yet.



    Thanks for all your efforts.

    Made a contribution of $100
    Confirmation Number: 1LX38419RG209364L.



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  • pmat
    05-02 09:19 AM
    FYI... I got the stimulus check ($1200) direct deposited in my account today. I am on H1B and my wife is on H4; both of us have SSNs.




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  • srikondoji
    09-09 11:45 AM
    Hi ita,
    The project and the CMs speech indictaed that Hydereabad will be a major city in 3-4 decades not just in India but the entire world. Its upto you, how you want to interpret that message from CM.

    In the short term (few months probably), prices may catch up because of the hype that this is generating.
    I am not in a position to give any suggestion on land price movements in India and especially Hyderabad is highly volatile.
    If i were you, i would definitely wait untill the elections.
    thanks
    sri

    No I don't know about HMDA though I'm going to google it .
    I got your advice about buying land but don't think I got what you were saying totally.
    Are you saying prices will go down/go up/there will be no houses (flats.lands,houses) available to buy? Appreciate it if you can reexplain.

    Thank you.



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  • flthere
    07-11 10:39 AM
    Well, everyone is going to pay just one time for EAD from now on ... but sad thing is they need to apply for EAD again in a year ... at that time it's gonna be free applying :D




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  • gcphul
    08-21 03:57 PM
    My DL expring in Sept. filed for 10th year extenison, I live in NY.
    NY DL have 2 dates, One in Top with RED Bold letters its called Temp Visa Date and at botton DL exprie date. I have contacted in DMV office. They said I can drive using bottom Exprie date which is exprie in 2010(mine) ,But I cant use the DL as ID if Temp VISA expire on DL.Unless I renew it with approved H1B visa date.So I have to Carry Passport ,recepit copy and Employer lettter with all time just as proof if cop caught me.



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  • AllVNeedGcPc
    02-03 02:41 PM
    9years: So finally did you have to send the interfiling request, or they approved it automatically.

    - My EB2 140 got approved 2 weeks ago (with July 03 PD), but still no LUD on my 485.
    - I placed a Service Request last week on my pending 485, which resulted in a soft LUD on my EB2 140 but nothing on 485.

    I just wanted to know if you also had to send the interfiling request just like VayuMahesh.

    Thanks,

    Thank you for sharing VayuMahesh. I hope I have to do the same. Can you please share, is there any form he has to fill while doing this or he has to write a letter.




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  • sayantan76
    01-07 09:07 AM
    Please read my statements properly. I have taught about 100 (the number of students in my last 5 classes were about 70, 30, 25, 25, 12). My colleagues have been observing the same issues for last 5-7 years when the number of students from India started to surge. The number 1000 is the estimate for over the 5 year period. Both numbers are conservative estimates.
    and why, pray, does your esteemed school keep accepting students from these so called "sub-standard" colleges in india? i would say 5-7 years of observed emperical evidence calls for some substantial action on your and your school's part in black-listing these institutions........so, either:

    1. you are blowing smoke through eveyone's a** here or
    2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....

    P.S - i am not from one of these schools so no personal stake!



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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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  • BharatPremi
    07-05 01:31 PM
    Guys,

    Yesterday I emailed the same to my senators (Tx)... Today I called one of the senator's office and the guy who was talking to me did not have any clue about the issue. So after explaining the issue I faxed the letter again, ofcourse to both senators office.




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  • gc_chahiye
    09-28 06:55 PM
    not that it makes a huge difference, are they atleast trying to use some of the visa numbers by working over this weekend???

    they are working overtime on receipting (see the FAQ). Wish they stop receipting for these last 2-3 days and use up ALL the visa numbers. Everyone should be put into I-485 approval work. If there are people stuck in NC, see if any of the June/July filers manage to pass the FBI database without a hit.

    A receipt notice coming 2 days late is not a big deal. If a visa number is not used up, its lost, gone forever!




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    chanduv23
    02-24 09:54 AM
    The way this whole thing has turned out to be now is like a challenge or a race where there is no room for values or emotions or in general life and careers.

    Many people have taken this as part of life and looked at it as slow sailing clouds and trying to make the best out of it and it has been challenging at every stage.

    As such, life is not easy - anywhere in the world. Believe me. Those who get lucrative jobs in India or elsewhere does not necessarily mean they are doing great and better.

    The best one can make out of any situation is independent thinking and self introspection. Can we do something to make things better? Are our vlices heard loud? Is there anything that can be done? What have I contributed? have I done anything to make things better for us?

    It is we, who form the society and if we are suffering, we have to blame ourselves for our inaction. In tough situations, we need to come out of the "grass green on the other side" attitude and see how we can improve the situation ourselves.

    The way things have turned out to our kinds is that we have been set to fail - that is the kind of system we are in now.

    Apart from immigration, for an average American, burning issues are economy, jobs, terrorism, war and healthcare - a lot of people die because they cannot afford healthcare and reform is nowhere near.

    Can we all unite and make ourselves heard? Can we make ourselves credible enough that we are heard and a part of the process rather than kept away from it? The answer is in us and the choice is ours. Look at history on how were and how things changed. History is not only to study, one has to make history. Can we do it?



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