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  • svr_76
    09-15 06:25 PM
    Ramba - you seem to be working through a body-shopper as a plain consultant with restricted veritical movement in the organizational chain which implies your underlying assuption that if same org files multiple petitions for the same person.

    In 2003, they were not able to skilled developer so file my eb3...now after one completes master's degree ..experience in other companies if they find that the cannot find experienced manager and after due recrutiment process find that one of their own employee is the best fit for that job.

    So now u are saying that they should not do it? That will be a company discriminating against their own employees???

    Comon...I thought guys from IT were logicall and brainy folks (and hence were grant EB2 category for their exceptional calibre)....guess thats wrong.




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  • chi_shark
    02-23 12:51 PM
    people,

    i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?

    --shark




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  • 9years
    10-22 10:21 AM
    Hi All,

    How much time total process takes I think case by case. In my case it took around a year( from request to sponsor Eb2 to I-140 approval (premium processing). I had no perm auditing. I had no RFE on I-140. I filed my EB2 with the same employer.

    Best of luck to all.




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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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  • vaishnavilakshmi
    08-02 05:02 PM
    I have talked to a representative and he very patiently explained me about the mess.
    He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.

    He mentioned that they are working hard to meet this deadline.
    Hope this clears the anxiety.

    This is true for NSC only.

    Hey vow!,

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

    Cheers,
    vaishu




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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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  • arihant
    08-08 02:38 PM
    After reading the op-ed by Pankaj, I had the following questions: Has the SKIL bill already passed the Senate? I know it is included as part of CIR. But, what happens if CIR gets thrown out?




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  • eb3_nepa
    07-05 01:17 PM
    Finally spoke to my congressman's Immigration contact in Bucks County PA.

    He sounded supportive and said he will investigate the matter. I am going to call my state senators Sen Specter and Sen Casey's office as well.

    People in PA, unite and call these lawmakers.



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  • gctoget
    07-19 12:58 PM
    Hi eagerr2i,

    Just saw the message. Will send you a PM on this. FYI to other members, I know someone has prepared a list of So. Cal members which is very comprehensive. I will try to send a PM to get their details. If you have any other questions, please feel free to send me a PM or an email at twinbrothers@gmail.com

    Here is a list of 53 members so far registered in SoCal chapter:

    Jimi_Hendrix
    GCSOON-Ihope
    eagerr2i
    days_go_by
    485Mbe4001
    yogkc
    tcsonly
    willgetgc2005
    MY_GC_DREAMS
    payal_nag
    genius
    Not2Happy
    thirumalkn
    meetdebasish
    GC Process
    baleraosreedhar
    caydee
    rkotamurthy
    hourglass
    murali77
    satishku_2000
    acruix
    imv116
    santb1975
    amaruns
    IN2US
    twinbrothers
    kumhyd2
    xstal
    mashu
    zoooom
    tcsonly
    drona
    DCQC
    jasmin45
    gctoget
    rsamudrala
    satishbsk
    SDdesi
    Progressive
    abhisam
    smuthu2000
    hmehta
    rfarkiya
    eb3stuck
    imv116
    northstar1
    manishs7
    navkap
    mangelschots
    Pia
    kkcal2002
    GC_Applicant




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  • s_r_e_e
    08-10 12:32 PM
    I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.

    I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.

    Thanks a bunch

    If you are around houston, it would be better to go in person. I think they accept the applications only until noon. They would tell u a Pickup date or u have an option to get it mailed. The passport is ready for pickup in 10 working days or so.



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  • anilsal
    03-06 08:43 AM
    Me and my wife's 485s had LUDS on 2/18, 2/19 and 2/20. But no status change, and we know for sure we should be getting atleast one RFE. When we applied in July 07 we could not include my Wife's medical/vaccination reports with the application, but no RFE for that yet.

    Usually an RFE or FP notice should arrive within 4-8 days after generation. There is no guarantee that the LUD change means anything until you see the notice in your hand.




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  • saimrathi
    07-06 11:18 AM
    People are burying these posts as spam.. can we do something to make sure that doesnt happen?

    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/USCIS_Visa_scandal



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  • zeta7
    03-25 07:10 PM
    Guys,

    I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.

    sree

    I believe that means the AP is on it's way. And you had a superfast turnaround time! I applied for AP on November 6'th, and my status changed to "Document Mailed to applicant" on March 17'th. Nebraska certainly seems to have a sort of LIFO policy rather than FIFO.

    I still haven't received my documents either. I will wait a few more days before bugging my lawyer.




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  • eager_immi
    07-22 12:51 PM
    i seriously doubt uscis will be slow in ead applications atleast not more than 6 mths. Reason:

    1. there will be 500,000 applicants that will become out of status and uscis will be in news again
    2. it helps them to get the $340 from you forever

    So they will hire contractors to issues this.



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  • eb3_nepa
    07-14 10:27 PM
    I feel IV actions are hurting EB3-I more than any one. It just my feeling. I contribited close to $500 and my time.

    I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.

    Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:

    "PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".




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  • GCBy3000
    01-03 04:22 PM
    Good luck.

    I wish you have PD of 2001/2002. I had the same dream when I came here 8 years ago.

    If you are new to US(1-3 years, from the spark in your statements, I feel you are.) with having PD 2003 or later, only the SKIL bill or CIR could rescue you. Othewise, you will be one among 1million in 2011 talking like us.

    Its very interesting reading everyone's stories. To me GC represents freedom. Freedom to work for whom you want to, in a field you want to, not to work for someone you don't want to. To start your own buisness, to do all those things which US is known for. This country encourages entrepreneurs and I would like to be one, one of these days :).



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  • gjoe
    01-06 08:16 AM
    Folks,
    ..


    Indian culture, heritage 5000 years old. Indian education is gift of britishers, hence needs some adjustments to suit the current global competition.




    A small but important correction in the above quote. Indian education is not a gift of the Brits. As a matter of fact history of eduction in India dates back to its cultural heritage. Nalanda university is considered to be the worlds first university. Correct me if I am wrong.




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  • Saburi
    02-26 11:30 AM
    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

    I wish your prediction come true but does not seem like i don't think this que is going to move anyfurther untill next few years, i was very positive about this que will move faster after Feb 2009 but since then its still sitting to the same duration and have not move even a little, so sorry bro but does not seem like this will move untill next year.

    May be it will move few month in the end of the year but getting it current or passing 2008 i don't see it happening untill 2011.

    Sorry its bitter but true unless there is any big releaf given to us which does not seem to be hapening as Mr. Chnage has lot to do with economy and figth against terror.

    I hope an wish i am wrong and you are right?

    Best Regards

    Saburi




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  • Caliber
    03-12 12:58 PM
    I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk. Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.

    Dear Vin13,

    Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.

    If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.

    Thanks again for the idea.




    vpadman
    01-07 03:45 PM
    What are the scenarios under which emergency AP is applicable ?




    santb1975
    05-30 12:42 PM
    We really need to



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