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vine93

05-01 04:46 PM

No, he wasn't too specific.

Most of the answers were like We did some mistakes, we are taking new measures, new database , liking state Deptt to USCIS, making progress.

Lets see when that will show results.

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chintu25

07-15 05:33 PM

�For all things difficult to acquire, the intelligent person works with perseverance.�
Lao Tzu

:cool:

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vallabhu

01-05 02:38 PM

Looks like it is random, it may also depend on the service where it is applied from, Mine is from vermont, Nov 2003 received the 45 letter, I have another one from Atlanta June 2004 did not receive the 45 day letter.

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gk_2000

08-23 01:09 PM

Not everyone has the luxury to go to home country to work for one year. Its like telling the Eb3 person to port to EB2. Do you accept that. There are so many issues need to be factored in. So lets not get into something which is not fair or not possible for every one. They system is f*&ked up. thats the fact. When the system is not fair, we fight to fix and not finding the loopholes.

There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?

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superdesi2100

09-10 11:25 AM

Thanks for all the efforts. Donated 100$ via paypal. Coming to the rally as well.

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vjkypally

07-21 08:29 AM

Bring our issues in front of Ombudsman with the kind of time line we expect and let him take it up with the Govt.

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ind_game

05-19 04:54 PM

FINAL UPDATE

HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY


My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.

::::::::::::::::::To recap::::::::::::::

I went to the Congressional office on 05/14/2009 morning.
Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
USCIS sent letter to my attorney on Friday (05/15/2009).
My attorney received it this morning (05/19/2009).

Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......

Here is the wording:

Quote""""""""""""""""""""""""

Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.

The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.

The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.

After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.

The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.

Sincerely

"""""""""""""""""""""""""""""""""""""Unquote

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eb3_nepa

04-25 01:04 PM

So what happens to people who already have a PD based on the labor(LC) date?

I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.

I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.

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JunRN

08-13 09:13 PM

I think everything will normalize in October. From RN, EAD may take three to four months.

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gonecrazyonh4

04-25 11:04 AM

My husband has been working on H1B with a leading company in USA since early 2000. Our Labor was filed in March 2005 and is stuck at BEC. I am on H4 and am not able to work or contribute.

One of our friends starting working in USA through a consultant in late 2004. Filed his I-140 directly with a substitute PD in June 2005. They received their EAD same year in October 2005 and received his physical Green card on February 2006 . He used a priority date of 1999 due to his substitute PD. Now he is a free bird and can move jobs, his wife can work and they receive all the benefits of green card.

How fair can this be?

We are unable to move, take up a better job, receive a promotion or take up fulltime studies even after getting admission in best Universities due to our Visa situation.

Sweeping changes are necessary in immigration rules and the date the person starts to work on H1B should be considered as the priority date. It will eliminate lot of corruption and reward those who truly contribute to the economy.

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HawaldarNaik

03-04 03:45 PM

for all ya mumbai brothers out there:

"ron gotcha-rkar" ka kya hai .. uppar wala mu diya ... to bolegayich. uske to naam me bhi gotcha .. aur kaamme bhi gotcha

one more..

Kya hawaldar saab .. toom bhi wo khajoor gotcharkar ke baaton me aa gaye .... chalo mil ke usko kopche me in leke kharcha pani dete hai.

[translation: native mumbai rambling about how ron gotcher has no data to back it up and should be censured for his quotes without source]

Arre Bhai....2 good...bole to...ekdum JHAKAAAS dialogues mara....lekin kya karega....Asha is hope.....abhe bole to market ekdum tight...kharcha paneee kaisa dega...? but 2 good sahebji...

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chisinau

07-23 03:06 AM

You are welcome!
I am not sure about DS230, my attorney did it around 27 - 29 of June.

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xela

07-27 11:31 PM

for what it s worth here is my experience with ohio bmv

i brought h1b approval till feb st 2010 and receipt notice for I 485 and employer letter till feb 1st 2010. I dont have ead or ap.

they told me that cus of i485 i can only get dl for 1 year, however with the employment letter they did give it to me till feb 1st 2010

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vin13

03-08 10:48 PM

http://www.shusterman.com/

news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)

Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?

only Monday will tell... This is one nerve wracking weekend.

It is weird that Shusterman had information about ROW EB-3 retrogressing by 1 year. Why did he not say anything about EB-2?

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snathan

08-12 04:19 PM

I believe that small companies have a big impact too. As someone mentioned, check to see which companies filed GCs in the last 10 years....Infy, TCS or Small body shops?

The notion of H1/L1B is the business not able to find any qualified or willing resource locally. In that case why they are not able/willing to file GC for those guys. Since they want to keep them as slaves...they never file.

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ramus

07-06 01:29 PM

Why USCIS suddenly did this press release? Something fishy?




Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.

http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.

So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.

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diptam

08-13 02:24 PM

Thanks - I'll write a mail to the HR head to release 7001 on my request and will mention that they don't have to take responsibility. Enough is enough - i got another 2 yr H extension in July 08 so i should be good,anyway.

I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.

You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.

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qualified_trash

08-09 02:51 PM

just one correction:
Legal immigrants pay taxes at higher rates due to their immigration status

I do not think the above is true.

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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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Ramba

03-09 11:33 AM

Has Any Senetor Brought An Amendment To Reinstate Ac21 Provison To Eliminate Country Quota(10%), If Demand Of Visas Is Less Than Supply? The Orignial Spector Markup Deleted This Provision From The Ina. This Is A Big Blow To Oversbuscribing Countries, Unless The Current Markup Is Modified Thro An Amendment.

Is There Any Update From Iv Core Members On This Issue?

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vadicherla

05-28 02:27 PM

i will contribute 50$ now

contributed 350$ so far

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