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  • sravs1234
    01-10 09:36 PM
    Thanks sy. I fully agree it's the agent we deal with. My BOA loan coordinator is extremely stubborn & doesn't have any clue regarding immigration. From day 1 she is stuck on unexpired I-94 & till today she asks me to furnish that. Is it possible that I can contact you or any of your friends through email / phone & discuss to check where I am going wrong. I can furnish my contact details if needed.

    I am not how comfortable my friends would be, but, you can certainly contact me for any help/details you may want. sumanthyenduri@gmail.com is my email address.

    sy




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  • 485Mbe4001
    11-09 05:03 PM
    count me in, i am in Irvine, south of LA. If i can be of any help please let me know. I have already done the emailing part, most of the people i know are already members IV.




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  • paskal
    09-29 11:28 AM
    SO,can we all try to get the unused visas recaptured.If they can do that for nurses and physical therapists ,they can do that to decrease retrogression.I dont think they require senate approval.
    Something is better than nothing.Lets push for recapture of unused visas.

    and the last recapture was a bill that was passed in congress.
    efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?




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  • new2gc
    07-15 05:43 PM
    From Me and my wife...

    BoA - Billpay
    immigration voice IV $ 10.00 07/22/2008 7YFQ6-LGYBR



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  • wandmaker
    07-11 12:18 PM
    can they even withdraw 140 after more then a year now?

    employer can withdraw the 140 any time before the approval of 485 - there is no time limit.




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  • chanduv23
    11-20 08:54 PM
    I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.

    Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer



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  • mjdup
    07-14 02:39 PM
    Contributed for two souls...




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  • vdlrao
    07-11 11:41 AM
    I can understand the excitement. I am also in EB2 2005 PD. But the fact is that, this seems like a temporary movement only...i don't think dates can stay at 2006, going by simple math.

    PPl can give me those red marks, but i think dates will retrogress again by Oct.

    Nope I dont agree. Even though theres any retrogression it would be very mild.



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  • ilikekilo
    10-22 09:11 AM
    I understand what you say but interpretation differs from IO to IO. It still goes to chances....

    Hey, tx for the PM, I sent the email, do we need to send a letter too?>




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  • eb3_nepa
    07-05 02:42 PM
    awsome.. that's a good news....good luck

    Not really, without a mass enquiry, it is useless. USCIS will simply return my package and then will have NO reference to go by. I was actually pushing quite hard for a Bigger enquiry.



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  • svm
    07-18 03:47 PM
    Thanks for the reply!




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  • 485Mbe4001
    03-06 10:07 PM
    Hi,
    i had sent you a PM last week, did you get it?
    thx

    Hi pappu (admn)

    i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.

    Can you write me your contact number and suitable time for this, it will be a telephonic interview.

    best



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  • chi_shark
    03-06 02:14 PM
    There is no need for people to call USCIS. The PD date movement is based on demand. Even for a worst case scenario, USCIS should use 3300 visas for EB3-I. By Aug 2009, if they have only used 1000 visas, then DOS will move the PD for EB3-I by a couple of months.

    Now my prediction. We will see PD current for all categories except for EB3-I/EB2-I/EB2-C in by August 2009. EB3-I would reach 2003 Jan. EB2-I and EB2-C will reach 2006 Jan.

    I have no real basis for my prediction. Like Michael Crichton would say, no body can predict the future. We can only guess about what would happen in the future. Some of that guess is a calculated/informed guess; still it is just a guess.

    did m c not know about nostradamous? jk




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  • gcseeker2002
    04-03 01:25 PM
    My First Post :

    Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.

    Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
    I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.

    how come you joined the company in 11/2010 and applied on 12/22/2010 ? my lawyer is in the 3rd week and finalizing job description. she says advertising takes 30 days, pwd takes 6 weeks, etc etc, and that it cannot be approved without atleast 90 days of prepwork.



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  • yabadaba
    08-27 01:05 PM
    since this last month has been one of the most frustrating in terms of any movement from any standpoint...thought i d write another op ed
    ==================================================
    Where is my Ellis Island?

    America is more than a country. It is an idea. It is the idea of freedom, liberty and justice for all. It is the idea that an immigrant with the determination, skills and the ability to work hard can make it. He or she can single handedly change the course of their generations to come.

    I first read Jeffery Archer's Kane and Abel when I was 13. One of the most powerful images that the book conjured up for me was the day young Abel Rosonovski after facing years of hardship and seeing the collapse of the Polish dynasty, manages to get to America. Archer describes is great detail how Abel looks at the Statue of Liberty with tears in his eyes. When he lands on Ellis Island there are two guards who make notations of everybody getting off the boat and following a medical exam he is welcomed into America. Not as a temporary worker, not given an H1B, not given a temporary asylum status, but is welcomed as a full fledged American Citizen into the United States of America.

    Today, things are not the same. I agree that I did not have to endure years of civil war or ethnic strife, but my reason for moving to the US was just like every American's grandfather, great grandfather or great-great grandfather. In essence it was to ensure a better life for me and for my future generations. My great grandchild will someday talk about how her grandfather moved here, put himself through graduate school and tried to build a better life. Her story will be the same as every other American's.


    However, today I saw a letter being circulated by the anti immigration groups asking their congressman to oppose a bill proposed by Rep. John Shadegg of Arizona. This bill provides relief to millions of us who are stuck in limbo because of the worst set of immigration policies for educated immigrants in the civilized world. What makes me rethink my American dream is not that restrictionists like Lou Dobbs are against this bill but because what is being circulated is plain lies.

    They claim that persons on H1B does not pay taxes, bring in millions of family members and produce thousands of “anchor babies.” This is the same set of lies being touted by Tancredo and his creed. Under the H1-B visa we are not exempt from any taxes that are charged by the IRS. In fact most sensible and informed law-makers have agreed that this is almost discriminatory because under a work visa we cannot avail of any benefit that the social security program provides for.

    The other thing that makes me question my decision of being in America is the anchor babies’ statement. This statement reeks of xenophobia. It goes against everything that this country stands for. It is a slap in the face for the drafters of the 14th amendment. If my baby is an anchor baby, then every single American is also an anchor baby. By calling American children of immigrants "anchor babies" these restrictionists have defiled the entire premise of America. In immigrant circles, where people understand the process of immigration, this is seen as the "maccaca" moment for organizations like Numbers USA.

    Its time the restrictionists and the American public decide once and for all what they want from the immigrants. If you do not want us here, provide Tancredo and his creed with the tools to go ahead and build a mile high wall on the southern border, eliminate all temporary visa programs and close down any legal avenues for people to come here.

    If you consider that we provide value, subsidize your taxes by paying into the Social Security program, are an important part of your community and that we help stimulate the economy through taxes and buying power, then provide Rep. John Shadegg with the power to pass the Skill Bill.

    In any case end our misery and let us know what you want. This way we can go about our lives.

    yabadaba
    IV member
    ==================
    published on Dec 20
    http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521
    ==========




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  • gc_maine2
    04-04 10:27 AM
    :confused::confused:

    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!


    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

    Thanks
    sree



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  • chanduv23
    05-15 10:58 AM
    When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.

    Ok - any ideas how we can ask? What fee waiver are we asking for?

    We need to understand if there is a system in place for fee waiver?

    To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.

    Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.

    I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.

    thats why we need innovative ideas to deal with this.

    Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.




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  • ramus
    06-02 09:09 PM
    please contribute to IV with whatever you can.. If you haven't please send web-fax now..
    Thanks.




    Can any you help in answering my question?

    I am trying to change my job and have an approved I-140 with a priority date of August 2006. The question is if I am successful in porting my old August PD for my new I-140 applied after May 2007, would I come under this new merit system? Any help would be greatly appreciated.




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  • vjkypally
    07-24 04:54 PM
    I mean Stereotyping.




    QuestGC
    01-06 01:19 PM
    Here is one more on NPR.org

    http://www.npr.org/templates/story/story.php?storyId=9910492
    http://www.cggc.duke.edu/pdfs/051606_Testimony_of_Vivek_Wadhwa.pdf

    The key is "Cost" That is what is driving to India and nothing else... according to Vivek Wadhwa :)
    That also is towards fag end in my view because of weak dollar and macro economic conditions...

    For gods sake, lets not put any country/individual down, but take everything with a pinch of salt.
    Each one is capable of getting the job done for which one is born provided he/she works to his potential.




    ArkBird
    04-13 03:46 AM
    @OP, Yes. You can open LLC and/or S-Corp on EAD. If you plan on working for the same company, I suggest you do it in the name of your significant other if you are (un)lucky like me and married. Also checkout the option of "LLC filing taxes as a S-Corp". Here is link to more details from IRS.

    LLC Filing as a Corporation or Partnership (http://www.irs.gov/businesses/small/selfemployed/article/0,,id=205014,00.html)



    Cheers

    ArkBird



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