Wednesday, June 15, 2011

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  • pitha
    07-18 04:11 PM
    good to see a junior member stand up and contribute, I hope people like you become an example to all non contributing members. thank you for your contribution.

    Started a reccuring monthly payment of $50. I will try to convince all my friends from Twin Cities (Minneapolis- St Paul) area to do the same.




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  • akhilmahajan
    07-15 09:14 PM
    Total So far 1735.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC.

    COME ON FOLKS HELP IV HELP YOURSELF.




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  • JunRN
    05-15 11:39 PM
    He got info from USCIS through congressional liason that his 140 was indeed approved on the date when the IO claimed it was denied and it was indeed revoked when he got a denial. The revoke was initiated by his employer.

    They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right

    Thanks for the clarification. Regarding faulty system, if it's not the database, it must be the practice. We have heard not few cases of AC21 cases being improperly denied.

    My take is that the system used by USCIS is not designed to check for AC21 cases and so rightfully, when IO sees denied I-140, they deny the I-485. I think their Manual is also not updated to reflect AC21. AC21 is still a memo and not in their Manual.




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  • conundrum
    04-30 03:13 PM
    The member from Chicago is mainly concerned about the family based limits. He wants to know what the limit is or if there is a cap in the first place



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  • everonh1
    07-22 12:25 PM
    Isnt there a concept of an interim EAD.
    I heard if you dont get EAD within 90 days,you can go to your local USCIS office and get an interim EAD?




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  • Jimi_Hendrix
    11-14 01:59 PM
    Our count is now at 9 members. This is fabulous. I am really looking forward to some communication from core team about action items.



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  • bala50
    09-13 04:07 PM
    I'm ready to fill the sixth slot . I have contributed to rally before and i will match Milind's next contibution.


    Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
    Details of my $100 contribution are in my signature.

    To people who still have their finger on the trigger,

    Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
    But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
    Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?

    On a more serious note we still required $10,000 before Sept 18th.




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  • pappu
    06-10 01:02 PM
    Just to summarize what's going to happen with VB in final Quarter.

    Two words: Nothing Positive

    CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.

    That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.

    Pls take part in the call campaign and contribute funds to be able to find relief.



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  • Eb3_frustrated
    04-25 02:22 PM
    Learning01,

    There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...

    Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.

    This sort of arrogance is not going help anybody's cause.

    Just my two cents...




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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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  • eagerr2i
    07-15 10:21 PM
    Dear So Cal members.

    nice to see good activity on the forum. Please hold on from holding any rally until you hear from IV core. We have some good synergy amongst or members in So Cal, lets plan a meeting in the coming weeks and decide on an action plan. I would encourage you to start thinking about ideas/specific actions we can take. I have a few ideas and would share it on our so cal email distribution list. Who can take the initiative to organize this meeting? Twinbrothers? any one else? Pls P.M me.




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  • kate123
    02-25 05:17 PM
    I would be the most happiest person if that happens :D

    i think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file i-1485.

    Thank's
    mdix



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  • smaram1
    03-06 03:51 PM
    LUDS's on 3/5 and 3/6 for spouse and myself...atleast some one is having a look at documents ..that's a good sign....




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  • abhishek101
    07-20 05:36 PM
    All of us have to understand the Democrats are against all the legal immigrants. Sen Boxter and Feinstein have made it clear in their past statements that they oppose, any high skilled immigration.

    And the story is same across for all Democrats.

    So all of us have to pledge that we will be Republicans for life once we become citizens.



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  • nk2006
    10-24 03:05 PM
    Seems like there are more such cases - there is a news item on this topic yesterday on www.immigration-law.com with the title "10/23/2008: Increasing Customer Reports of Denial of AC-21 Ported I-485 Applications Without NOID by USCIS Upon Petitioner's Withdrawal of Approved I-140 Petitions"

    Seems like they too dont know whether its related to untrained USCIS staff's mistake or some other issue.




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  • desi3933
    08-04 11:49 AM
    There's no law that employer should borne the cost of GC.

    I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.

    I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs.

    2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.

    I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer.

    That was your choice.

    I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade.

    H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.

    There are at least 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...

    One hand, you are saying guessing and still insist that it is based on facts.



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  • NKR
    06-25 11:47 AM
    When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business).



    And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.




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  • eb3_nepa
    07-05 11:51 AM
    Pl create a webfax that I can send to my Senator or congresswoman. Or create a package that we can print and mail to the senators/reps.

    Pappu bhai do something regarding this.

    Rax1, why do you need PAPPU to do something, why can you not call and Fax something yourself? Are you not proficient in English, are you not educated enough.

    Can you not write a ONE page letter spedifying what happened on July 2nd and how it affected your life and that of your family? Can you not call your local senator and congressperson and educate them about what went down on July 2nd?

    Come on people, if you want JUSTICE, get up and do something YOURSELF. All we are asking you to do is Write ONE page letters. Does The IV core have to spoon feed us EVERYTHING? If you are busy ask someone in your family to do this for you.




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  • jonty_11
    09-10 03:02 PM
    Remember this is the October VB...so thisis waht is in store for teh next Fiscal year..Oct 08 to Sept 09....so be ready for another year of drudgery....

    Sometimein July Aug 2009, they will move dates again to prevent wastage..and again some lucky bastards will get thru...unlucky-always i.e. u and me...with continue to tread these forums....I need a break.............




    eb3_nepa
    07-14 06:59 PM
    Heck all I am asking for is $5.00 ;) A meal at Burger King these days will cost you more :)




    gc_chahiye
    07-20 03:29 PM
    not every h1 guy can or will apply for GC. For example many of this big indian IT companies, with lot of H1s in hand, either dont apply GC for employees or they have very strict policies so that most dont qualify.

    I know for sure , coz i am a victims of such situation :)

    many of those H1s (>50% in cases I have come across) jump to a US company here and start their GC here.



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