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  • mita
    09-10 05:31 PM
    ^BUMP^
    I am not sure if USCIS will move beyond April 2004 until Jan 2009 due to the holidays and election and as someone said they want to take it easy. Even if they move the dates it does'nt help unless they approve cases with certain process in place.




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  • immigc06
    09-13 04:23 PM
    I guess you are from NumbersUSA trying to create diffs between EB2 and EB3. Nice try, its not going to work.
    If you are not then you need a vacation.




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  • Sunx_2004
    03-04 12:54 PM
    I noticed soft LUD on 485s last week for me and my wife...not sure what that means..

    A soft LUD today 03/04 on my/wife's I-485 application.

    I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.

    Let's wait what next visa bulletin says !

    Any one else with recent LUDs on their I-485s ?




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  • srikondoji
    09-30 05:24 PM
    Hi guys,

    Just waiting for my wife to receive her SSN number with her EAD card.

    How long will it take to get the registration of new company? Assuming i start it tomorrow.

    Do you have to transfer the domain names, account details with web hosting company to my wife's name?
    Or let them be under by name and just make the LLC under my wife's name and let her run the show?

    All the accounts that are responsible to make/receive payments should be under my wife's name or just be under this new LLC name?

    Thanks
    sri



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  • GCSeekerCT
    03-04 07:30 PM
    They can deny for whatever reason they think is risky. Banks are looking for reasons to NOT loan right now, as opposed to 2 years ago when everyone waling in were offered free money.

    I suggest you go to a reputed FCU or small, regional bank. IMO, they are much better to work with. I recently refinanced a loan with an FCU, originally extended to me by our local bank.

    Terms and paperwork is VERY easy, you get to talk to the same people through your application as opposed to a big bank where your papers are pushed around the country every week (my experience with BoA).

    HTH




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  • lonedesi
    08-06 10:51 AM
    I checked with IV core and few attorneys regarding this issue. You will need the consent of the employer since we are dealing with I-140 petition. Please speak to your HR and try convincing them to support you. We are not asking USCIS to expedite our cases. All we are asking is follow the FIFO and process cases in an orderly manner.



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  • singhsa3
    07-20 04:03 PM
    The numbers are assumptions and NOT facts. Most of these numbers have actually been pulled from other places or based on some rationale (for example 750,000 from Matthew Oh site, 5 minutes/EAD based on what need to be done to print out a card and pack in an envelop)
    Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.

    Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
    What about receipt notices? Isn't that teh first step? I do not believe it will take 20 months to get a receipt notice. Are you sure they have only 30 folks for EAD. Is that a known fact? What if it is 300?

    How about outsourcing it?




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  • ajitst
    07-23 01:04 PM
    USINPAC is not interested in Legal immigrants or anything to do with greencard issues, guys they have already got their's. They are more interested in faimily reunification and GC's for their relatives.

    I am not sure even democrats are with us in legal immigration. They are just trying to bundle this with illegal immigration issues and using it to negotiate with more business oriented republicans. I think IV should work more closely with republicans to decouple these two issues. I think its common misconception spread by American Indians (USINPAC) that democrats are pro-immigration.



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  • pappu
    06-02 11:04 PM
    Ironical, isn't it? This diatribe coming from someone whose handle is "BigLoser"!! From which mushrooom did you crawl under?

    Thanks, but no thanks!
    Jayant
    Thank you for the troll alert. The post is deleted. Please inform when you find such post.
    Any post from such users will mean immediate ban without any warning. All moderators will be very strict during these months. We get lot of traffic from anti immigrants and we dont have time for their nonsense. They can take it anywhere else they want and sulk. Bye bye BigLoser. You have just been banned!

    All members are requested to point to any such posts immediately to moderators so that they can take immediate action.




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  • Libra
    09-13 11:42 AM
    Thank you mohitb272 for the contribution.



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  • yabadaba
    07-11 12:37 PM
    The movement EB-2 china gets some times is solely because of the visa number that category gets. This typically happens in the first Q. EB2-I and EB2-C will have different PD's . Some time in 2nd Q or mid 2nd Q, both I and C will have used up their quota and they will continue to have the same PD until the end of the fiscal year as PD is the only thing that matters.
    the point was that they if their dates also move to june 2006, then it would be the first time they crossed the jan 2006 threshold.




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  • hopefulgc
    09-12 11:20 AM
    i like this idea too ... and we need to send copies ot NYtimes, washington post, usatoday, etc



    In my opinion, we should do this:

    Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:

    1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.

    2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
    And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
    Ask a question (larger font) on the same page, why keep us on limbo?

    This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.

    If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.

    We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.

    As always, ignore this idea if you guys dont like it.



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  • Dhundhun
    03-18 01:55 PM
    Can you show us the source of your information? It is very clearly written on the IRS website that if Married and filing jointly, both need to have SSN. If one spouse has ITIN, you will not get ANY rebate.

    Here it is:
    http://www.irs.gov/newsroom/article/0,,id=179211,00.html

    I can feel my H1B friends being hurt due to such discrimination.

    I did not ask for my wife's EAD, while filing AOS, because she don't want to work. IRS is forcing us (indirectly) to take EAD, so that SSA will provide SSN and then based on SSN, IRS will give stimulus benefit.




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  • nyte_crawler
    04-26 12:38 PM
    You have been calling H1 PD will be fair for some time now. I dont think it is. It is infact unfair for those who have the intention to immigrate. (Sorry to say this time and time again)
    Let's say,
    Person A comes in Jan 1999, works for several companies and infact jumped around for higher pay and better prospects and just before the 6th year is finished he/she applies for the GC process.
    Person B comes in Dec 1999, works for a year and decides to settle and applies for the GC process and get stuck with the employer.

    According to your argument, who gets a better deal, Person A. But is it fair. Absolutely Not. Lets say you walk into a grocery store, but want to stand infront of the queue in the check-out line just because you entered in the grocery store first does not makes sense. :)

    Learning01, thanks for hijacking the topic to SS and Medicare. :)




    I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method



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  • rdehar
    07-20 04:10 PM
    From what it looks like, I just want to say:

    "Welcome to Backlog Part II."




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  • suavesandeep
    05-29 12:34 PM
    Well, so far so good for me. As per Zillow estimate, my home value is now 10k more than my purchase price. It depends on where you're buying.

    I guess that when the economy starts climbing up and people starts buying houses, interest rate will also climb up to 6%. At 6%, I need to pay $400 more per month.
    If you check interest rate trends for the last 50 years, You will notice that during every economic downturn which is every 5-7 years the interest rates do come down. Although this time the down is a bit more due to severe recession, If you notice even in the last downturn around 2002 was in the 5% range. So only buying a house on the basis of low interest rate may not be prudent.
    http://mortgage-x.com/trends.htm

    One month is a small time span to check the value. If lets say one year from now your house loses value by 6%, The money you would save by taking a 6% loan on a lower principal will be higher than the lower interest rate on a 6% higher principal you pay now. You can always refinance again during the next downturn when the rates may again go down. But you cannot change the original principal at what you bought the home.

    So My point is the original principal you pay to buy the home should be a more important factor in buying a home than the low interest rate.


    I think you must have considered everything and made a smart choice, and this is not pointing at you. This is just a data point for others who haven't bought yet to consider.



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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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  • 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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  • k2006
    06-01 04:46 PM
    I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.




    caydee
    06-02 09:00 AM
    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...

    Based on the information provided, I believe your son will not be affected.

    Please help others who aren't so lucky by writing to senators and house representatives on the age-out issue. You could add this issue to IV's standard letter. None of the bills being considered currently benefit children of would-be legal immigrants, while the children of illegal immigrants are protected by the proposed DREAM ACT.

    Appreciate your contribution to IV.




    Winner
    05-03 02:34 PM
    Can the members in Texas and others call on Sen. Cornyn's office and ask him to support the bill. I just called their office, and the staff says that he has no statement from the senator, and therefore has no position as of yet. I asked him about the above report, and all he offered was "no comments"

    Hope IV members step up their efforts in calling the list of Senators and post their feedback on this forum. We can learn from each others feedback and bring more pressure on these legislators.

    Not sure why they are so inconsistent, I called Sen. Cornyn's office an hour ago and spoke to one of his staff members, they told me Senator does not support the bill because of the issues he has will parts of the bill which provides undocumented works a path to citizenship, but we had a good a good conversation about the legal immigrants issues and potential solutions in the bill. She promised to convey my message to the senator.



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