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  • offohh
    08-02 05:27 PM
    Paisa read the Jan 2007 VB archive. hopefully you will understand what i am talking about.




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  • polapragada
    09-14 05:32 PM
    That is exactly the point. How can you then argue that all PD porting is unethical, period?

    There should be a clause that when porting of PD is being issued, Like "At the time of EB3 Labor was the person eligible for EB2"! Thats the whole point ..

    No one will have problems with that except some posers
    What Say??




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  • Aah_GC
    06-10 03:35 PM
    My PD is Dec. 04, and my I-485 was filed during the july fiasco in 2007. My PD was current since March 08 until it will become "unavailable" in June 08.

    My attorney got update from Nebraska SC in May stating "Your case is in queue for green card." Now what will happen to my case since EB-3 ROW will be unavailable in June? Does that mean an IO once opened my file after March and will close it without processing any further because of the change in the June Visa Bulletin?

    I am confused. Please share your insights and experiences.
    Thank you.

    Sorry about your case. Why dont you open a new thread? you might get many replies..




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  • pappu
    03-12 01:48 PM
    I fully support this donor forum. there should be some incentive for members who donate. they are not doing it because they have lots of money to spare, but they sacrifice because they believe in this cause. I don't think $25 is going to break anyone's bank. Just sacrifice something that you consume/enjoy every week, and donate that.

    It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.

    Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.



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  • coopheal
    05-04 06:31 AM
    call a few senator offices yesterday. they are saying since bill is not yet introduced, they do not have any position on the bill.




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  • jonty_11
    07-06 10:52 AM
    I have reiterated this again and again. There is no way USCIS was going to accommodate all of us as per the original VB. We will form the biggest hump on the back of USCIS and it will probably 20 yrs for every one to come out of the system. Remember, how much math we did on how many years EB2 India /Eb3 india/china will take? Thats what they see as well. Why would they want so many applications backlogged. The only way they can disallow filings is by saying that there are no visa numbers available on day one. You have to have a visa number available at the time of 485 filing. They cleared out all the old PD's. Believe me, If the original bulletin was not current, they would have done the same in 90 days with some numbers gone waste. It was a bad situation for both agencies. I am not saying that they have not goofed up. they goofed up big time and I can clearly see the lack of communication on issue like this which effects so many people. We can use this as an opportunity to show case our root cause or we can use this in a detrimental way that will screw our nuts and bolts for 10 more years.
    I understand wht you mean...
    Our root cause (which cuases depays in getting GCs) is the USCIS is not efficient have process breakdowns and needs streamlining.....
    This press release substantiates that and hopefully IV and AILA will be able to use that in a positive way. However, apart from a law suit I do not think anything will get USCIS/DOS/Congresses attention.

    I am sure after this news, there will be questions asked by DHS (Chertoff) of the uSCIS.



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  • vayumahesh
    11-08 09:33 AM
    Did you get your I-140 receipt? What is the online status?
    My company would not provide me with I-140 receipt or approval notice. They would just inform me of the status.




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  • jcrajput
    09-11 03:49 PM
    I don't understand how they calculate PD dates?
    Can anyone help me here please?
    Thanks



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  • trueguy
    03-03 12:01 PM
    I don't think EB3-I would be U for more than a month, as I keep saying this year EB3 would be getting some share of spill-over. So even if it becomes U for April that would be temporarily and it would return back in May.


    Thank's
    MDix

    MDix,
    What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.

    I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.


    Thanks.




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  • ggyro
    07-20 06:07 PM
    There is another thread on this same topic that presents a discussion on how the ammendment was not rejected per se, but it was more like including the ammendment that was rejected.
    From the daily dairy (thomas.loc.gov):
    "By 55 yeas to 40 nays..Senate rejected the motion .. with respect to Cornyn Amendment No. 2339 (to Amendment No. 2327), to provide interim relief .... Subsequently, the point of order that the amendment, was not germane, was sustained, and the amendment thus fell."



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  • ultimo
    07-24 08:53 AM
    thats sad .

    but they will come with a new bill after 2008 election :)




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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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  • sracharla
    09-04 10:59 AM
    Hi,
    I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.




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  • sertasheep
    08-03 09:49 PM
    Angel,

    You can write to me at 'sertasheep AT immigrationvoice DOT org' or poll any of the techie members here on how to create a blog. The suggestions would be to create a blog on blogger.com with a google account, as several of the other blogs (iv-tristate, iv-physicians, etc.,) are all on blogger.com.

    Please keep your profile updated so that we may contact you. We are glad to welcome Schedule A professionals into the IV community.

    Please support "paskal"(physician) in his efforts as he will be able to liaise with policy makers and influencers in the healthcare segment. iv-physicians.blogspot.com is one such effort- don't let the name dissuade you. As long as there are people who are willing to champion a particular cause (provided it is aligned with IV's core objectives and agenda, you can help make a difference, and help yourself as well!)

    Hey all,

    hope you guys have visited the IV physicians blogspot.It is very good.One of the bloggers mentioned about supporting such a move, but the question is how do we start.I myself is technlogically challenged so we have to get the expertise of the IT people.I think we should start now.



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  • JunRN
    09-29 01:40 AM
    Hahaha! It sounds that you're really mad though! I am optimistic that I'll get my GC next year! No need to wait for 2009!




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  • sameet
    02-18 05:36 PM
    I am seeing a lot of folks predicting the EB2 dates. And I believe they are right in doing so since that is their filign category. What I am asking is if there are any prediction regarding EB3-I. The dates are not moving at all which is absolutely frustating.



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  • test101
    07-06 11:32 AM
    All,

    Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.

    Hi :)

    Would not be a better idea if we came up of list of sentors/congressmen that we need to call for the day. This way each center office get a certain amount of call volume on the same issue. This might make a difference.

    let me know. We just need agroup of volunteer this will organize and target our effeort.

    thanks




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  • eb3retro
    03-12 06:35 PM
    Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?

    r u sure, u r eb3, cos, in USCIS world, u need to be atleast 50 years old or waited in the 485 sstage for more than 10 years to get a GC in eb3? did u port pd or country interchangeability etc? either ways..congratulatiosn to u. hope you are not kidding around, cos ur case, is a kind of ray of hope for other eb3 veterans here.




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  • DDLMODES
    07-06 08:37 AM
    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.


    Guys, not to say that they should approve cases without background check but are you sure this will not turn against us if they associate USCIS being efficient (approving cases faster) with them taking shortcuts and give GC to people who are a threat ??

    Everybody here wants some of those "reserved" (already taken for cases not yet approved) visas to be available again but nobody thinks what this will do to us in the long run because some might read the news and conclude that USCIS just gives green cards to people that might be a threat.

    As for my angle on this, I did not file yet so I have no case pending waiting to be approved....

    :(




    mhathi
    05-02 08:51 AM
    Is a h1b holder a nonresident alien or a resident alien ? It says on IRS site that you dont get stimulus if you are a nonresident alien.

    An H1B holder is a resident for tax puposes as long as you meet the substantial presence test. This is evident from the fact that when you file taxes, you file 1040 or 1040EZ. Not 1040NR. When I was a student, I filed 1040NREZ. After graduation, I am required to file 1040.




    eb3retro
    09-11 04:28 PM
    count me in too



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