Tuesday, June 14, 2011

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  • sam_hoosier
    01-03 04:13 PM
    I think you bring up very valid points. For a lot of ppl who have stayed away from family/extended family for so long, they may not like the constant interference.

    "I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?

    I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.




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  • vinabath
    07-20 12:36 PM
    Guys,
    The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!


    A Total I-485 Applicants: 750000 Applicants
    B Each EAD processing time: 5 Minutes
    C Total processing hrs: 62500 Hours
    (Calculations: AxB/60)
    D Daily productive Hours: 5 Hours
    (It is a government body!)
    E Total Man Days (Business Days): 12500 Man Days
    (Calculations: C/D)
    F EAD Workforce: 30 People
    G Total Business Days: 417 Days
    (Calculations: E/F)
    H Average Business Days in a month: 21 Days
    I Total Clearing Time : 20 Months
    (Calculations: G/I)

    I will cut no of EAD applications to 600,000.

    USCIS can always use contractors with our revenue to complete the work.
    But you are absolutely right. If they dont add temp resources with this extra revenue, we will be waiting for atleast an year to get EAD and AP.




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  • go_guy123
    02-24 06:38 PM
    I have MBA from an American university, do you think it's going to help me?

    MBA is always better than a MS from US..guaranteed. MS doesn't fetch much. I know it first hand. I have MS from US and worked in India. I then got an MBA from Canada.




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  • ashutrip
    06-19 07:48 AM
    I agree. Email and call below dol personnnel as well.

    Tom Coyne on 312.596.5435.
    E-mail : coyne.tom@dol.gov


    Any trend of certifications of backlogged applications?



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  • Milind123
    09-17 11:49 AM
    It is not my intention to make anyone feel guilty. Taking you there doesn�t solve my purpose. It is very momentary and there is a sense of regret for both of us, if this happens. You will repent for pulling the trigger and I will repent for not trying hard enough to make you see things the way I see it.




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  • ItIsNotFunny
    03-12 03:24 PM
    We cannot expect core members to be online all the time, and we cannot expect to see lobbying related information unless a bill actually comes out. I think what we CAN do is keep the average members like me who want to do something, engaged with things that are within reach.

    FOIA campaign was a great example of this.

    However, I am very sad to report that only 3 other members from Texas Chapter participated.

    I consider FOIA is a multifold success. Not only we achieved milestone 1 of $5K, we were successful enough to wake up members to do something after long time. Why do you think the very same members were sleeping? I don't believe IV Core was not doing anything in last few months but members always felt that there is no plan of action from IV. There is nothing worst could happen to us just by disclosing our plan of actions in controlled way like:

    1. <<ABC>> is preparing document for final data information.
    2. <<XYZ>> is evaluating other options how we could retrieve this information.
    3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
    4. <<MMM>> is working on funding drive for this.

    There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.

    My 2 cents.



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  • gsc999
    09-11 06:36 PM
    Seeing ur quote I remember another quote..

    Though What I am going to tell is not in the context of D.C.Rally

    Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say

    "Not taking a decision also a decision."
    ----
    Please stop analyzing. This is a decisive moment. Join the DC rally!




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  • Green.Tech
    05-25 10:10 PM
    Please contribute!



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  • mw_immi
    01-07 07:26 PM
    I closed on dec 27. Underwriter asked me about green card. I just sent EAD copy front and back as well as AP and explained to him that EAD is like learners driving permit that is issued when your GC is under process. :D

    Did you close with BOA?




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  • srisra
    05-07 12:42 PM
    i called 3 senators so far,

    they r not sharing the senators stand but they are saying we understand this and we will pass on your message.

    thay did not note anything. they did not ask name & other details also.

    am i doing correct or am i missing anything?



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  • desi chala usa
    07-14 03:41 PM
    Done!!




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  • edgarrecto
    08-13 03:47 PM
    who will act if we will not act!!!

    who will move if we will not move!!!!

    if not now, when?



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  • khukubindu
    01-19 01:06 PM
    But I don't have 4 weeks. I have to travel on january 29th.
    Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.




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  • Nagireddi
    09-16 09:53 AM
    Dear friends,
    Unfortunately, I am not able to attend the rally. I have just found out that my cheques have been cashed. I am contributing another $100 once again.Google Order #373309135239869
    My sincere prayers to the god that our rally will be a huge success.Good luck for all of us.Keep sending us the photos,videos as the events are happening.
    I LOVE IV.:)

    Applied 140/485 concurrent on 8/6/07 to NSC-EB2



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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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  • srt57
    06-01 03:59 PM
    THIS IS VALID ONLY IF THE CIR BILL BECOMES A LAW IN ITS CURRENT FORM....

    From what I know (largely due to the posts on these forums), if your I-140 was not filed by May 15th 2007, you will have to reapply for your GC in the new system.

    LC or I-485 is not relevant here. The cutoff date is determined by your I-140 filing date.

    Also, between May 15th 2007 and October 1st 2008 (likely), no new I-140s can be applied. Thus, it would make no sense to apply for a LC either. USCIS will only process backlogged I-485 cases and issue green cards.

    Finally, it is really unfair for them to set this cutoff date retroactively. But it is legal for them to do this. Can't sue them for it.

    Hope this clears things.

    Thanks,
    Jayant


    But this generally applies to people affected by retrogression. If one isn't affected by retrogression, applies for I-140 after 5/15/2007 and gets green card before 10/1/2008 (which is possible) then that person should be ok, is that right?



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  • pani_6
    09-12 12:23 AM
    I wouldnt mind sending old bata slippers:D to beat themselves with




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  • amitjoey
    03-02 07:01 PM
    Yes, if we do not do anything, then yes, we will only get our GC's as per the calculator- which is 2024 and beyond. If we want it earlier, we need to educate: Get vocal: Vocal about reforming employment based immigration laws. Lobby the government: (which means we need to contribute money to IV to make a war-chest- to pay the lobbyist.), Get noticed: Which means we have to meet our lawmakers.




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  • saimrathi
    07-19 02:23 PM
    Why dont you tell us when we will get the GC .. since you already knew what they were going to do about the July VB.. :rolleyes:


    This is what I heared even before the flower campaigns started.

    Originally Posted by prinive
    it seems they are planning to honor the July VB and make chanes in Aug VB. So I guess they will accept the applications in July.




    MDix
    08-23 09:17 AM
    If they could they would have, but unfortunately judgment doesn't talk anything about Multinational manager.They tried to extend he finding of EB1 to EB2. I believe even thought this strictly applies to EB2 without M.S. But things will get tough for EB2 Master also ......

    Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?

    Where is GCperm when you need one?




    srikondoji
    08-02 05:10 PM
    Glad i did that. I feel so good about it.

    Hey vow!,

    Thanq so much for the good news!U filled us with lots of hope!

    Cheers,
    vaishu



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