Saturday, June 25, 2011

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  • deba
    07-19 11:33 AM
    Just contributed $100. Total so far $300. Will coninue to support IV.




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  • a1b2c3
    08-17 12:34 AM
    Looking at the recent approvals looks like USCIS does the following:

    1. Pick up x number of files using a random algorithm.
    2. Arrange these files in a random order using the same random algorithm
    followed in step 1.
    3. Randomly pick any file arranged in step 2.
    4. Toss a coin.
    5. On odd dates if it is heads,approve the file. On even dates if it is tails
    approve it.
    6. If file is not approved in step 5 put it on the shelf to be picked up
    in step 1 in next cycle.

    I can only hope you are wrong :). I hope they sort first by PD and then by RP.




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  • nogc_noproblem
    04-30 03:30 PM
    Wondering when Lofgren will get a chance to talk




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  • HV000
    07-22 12:07 PM
    Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers


    Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.

    Secondly, Change the following:
    1. Allow USCIS to use previous unused EB numbers since 2000.
    2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.



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  • sri1309
    05-06 10:15 PM
    Guys,
    I was very busy till today.
    I'll call all the #s tomorrow and let them know how important is the CIR for legal immigration, and how I am not able to buy a house, or start a company, as I have no greencard inspite of waiting for 8-10 years. Not to forget I am from India and it is severely backlogged. Also we have jobs, so we're not taking away anything.

    I have to be very brief. So please let me know if I'm missing any impo point.




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  • dhesha
    02-23 07:26 PM
    What about TSC processing dates,is that wrong too.

    I didnt ask that.



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  • vinabath
    07-20 03:43 PM
    Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.

    Again 'Chill out' dude. This has nothing to do with IV achievements. Please ignore this thread.




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  • zCool
    07-15 08:36 PM
    7yg31-8hrh9



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  • digital2k
    08-08 09:43 PM
    *




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  • priti8888
    07-24 12:23 AM
    mine too PD March 21 2003.... phew.. got stuck in BEC and then retrogression.. long wait.. and now 485 filed with long wait for EAD:)may be But hey, life is always that way, who knows what is next:)

    March 2003!!??u were current in June.
    If u applied 485 in June 07 u might have already been alloted a visa number...Call uscis to find out...A nicer IO may give u some details abt your case



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  • gc_maine2
    04-04 10:27 AM
    :confused::confused:

    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!


    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

    Thanks
    sree




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  • chanduv23
    05-14 05:01 PM
    Do you mean to say, the employer just sends a letter with a signature and LIN numbers to revoke and USCIS revokes them?

    In that case does USCIS send a confirmation of revocation of all the requested LIN numbers to be revoked? Or it is just a one-sided handshake?

    Yes, I think it is just a letter.

    Just like say, you do not want your Green card - you send a covering letter to USCIS and enclose the green cards. They shred the cards and process the letter update their records.

    You can also send a letter to USCIS to withdraw your 485 - they will be happy to do so.

    My dad had a expired green card (in the 70s) and recently when he went to consulate to get a toursit visa - he presented his expired green card (30+ years old) and they took him aside and completed some paperwork and took the expired green card and said they gonna process the return of expired green card - this is normal paperwork and procedure they follow.

    What baffles me is - they follow all the laws perfectly - but when it comes to beneficiaries, we see all sorts of issues? I really do not think it is a training issue - this could be something else - maybe I am just speculating



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  • amitkhare77
    11-09 08:18 AM
    Yes I think so too. specially I am EB3 India Dec 06, who know I will be current next July-Aug-Sept. hopefully this is the last EAD renewal (valid Sept until 2012)
    Thanks for the reply. 8 or 10 months. Its still worth it. You did the right thing. Congrats and good luck!




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  • qualified_trash
    01-03 03:56 PM
    for some it is money, for others it is about taking care of parents etc.

    for me it is all about where I would like to live, grow and bring up my child. to me the answer is very clear. while this country is not perfect, no country on this planet is. if a human makes an objective list based on quantifiable pros and cons, the decision is very easy to make.

    as for stuff like "I miss my parents" that is not quantifiable and should never figure in the discussion. what is the guarantee that you can return to your home country and live in the same city as you parents do? what happens if your kids don't want the grandparents to interfere in their lives? what happens if you cannot take constant interference from friends and extended family?

    my reasons may come across as cold and calculating. however, it is an inhospitable world we live in and it is up to us to provide the best possible cocoon for our immediate family and that is exactly what I intend to do.



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  • IVFOREVER
    04-30 03:04 PM
    SO IF they move PD's to 2006 dec then there is aposibility that all 2006 pd 's get GC's before 2001 pd's.:mad:




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  • centaur
    04-14 01:44 PM
    I just got my H-1b renewed and no-one asked for the drivers license.

    Maybe your lawyer's office just has a policy to ask for copy of everyones license for their records. Lots of professional buisnesses do this (physicians, lawyers' CPA's office etc.), but this is for their internal records and to be used in case of collection issues, for non-payment of their bills and such.

    IV friends ,
    Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.

    Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.

    My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.

    Any Idea on that
    I have already submitted my driving license to my lawyer.
    Please Let me know because I was couting on that I will get 3 year extension this time :(



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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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  • chanduv23
    05-14 02:19 PM
    Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.

    Good luck.

    that is not possible. That would mean - someone must modify it at a database level in the backend and I don't think manipulating is possible or permissible. Manipulating such data is a crime and it is seriuos security breach of the system and if the agency is manipulating backend data - it is a serious issue.

    I understand that we all start to think cynical when such things happen.

    Based on the massive level of AC21 denials when employer revokes 140 - we are not sure what is going on.




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  • webm
    03-17 08:13 PM
    Most of the June/July/Aug'07 fiasco filers H4's might have received EAD's and thus SSN#...so when 2007 filing tax returns (married filing jointly) will have their SSN# listed could be eligilble.. isn't it??




    Jaime
    09-12 05:15 PM
    Bump




    SkilledWorker4GC
    07-11 12:41 PM
    :)Good News is Dates Moved and many of us with PD prior to Jun'06 might get our GC (Chances are less than 5%).

    :(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.



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