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  • deepimpact
    08-23 09:29 AM
    deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.

    1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
    2. The fee hikes of H1B & L1 visas.
    3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?

    You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.

    Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.

    Peace.

    I aplogize if I hurt someone. But don't shoot the messenger, I was trying to enumerate the possible impacts of the memo. And looking at current changes to employment based immigration policies be it about H1B,L1 or EB it appears they are trying to clamp down on rather lose interpretation of minimum requirements for these visa categories which has led to overuse and abuse of them.for e.g H1B going to lottery on the very first day in 2008.
    But it seems these specifications are about EB1 and EB2 with exceptional ability (not with advance degree category) where the requriements is just a list of 10 items without any emphasis on what is defined as a succesful crietria of meeting those items.

    I guess you may have got pissed off with my third point , believe me I am not one here to create EB2-EB3 divide. Because no change in legislation is going to be for a particular EB category, it needs to be for the entire EB. Be it visa recapture, per country limit removal or dependants not being counted.




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  • imh1b
    09-01 07:03 AM
    Let us see who is waiting for most time in USA.

    5 years and counting.

    If you can tell your history of Greencard and any tip on applying early would appreciate.




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  • gc_on_demand
    03-09 11:32 AM
    For Eb2 india and china dates will be like this in April 2009 bulletin.

    Eb2 India : Feb 2005
    China : Feb 2006

    May 2009 bulletin

    Eb2 India : May 2005
    China : May 2006

    June 2009 bulletin

    Eb2 India : Sep 2005
    China : Sep 2006

    July 2009 bulletin

    Eb2 India : Feb 2006
    China : Feb 2007

    August 2009 bulletin

    Eb2 India : May 2007
    China : May 2008




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  • 2BeeNot2Bee
    09-13 07:35 PM
    and which is why people are giving me reds! :D



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  • manderson
    03-11 11:12 AM
    Napoleon, thanks for those great finds. I always suspected Self-Porting is possible but with too many caveats.

    Please see IV user unitednation's experience while skirting around self-employment / AC21 issues and dealing with "financial viability/ tax returns" type interview questions. He finally succeeded in getting his GC, which still gives me reason to believe that it's possible to be independent after EAD (if you can navigate the loopholes):

    http://immigrationvoice.org/forum/showpost.php?p=142698&postcount=212

    Sorry if this is a repeat post/link.




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  • pankajkakkar
    08-08 12:08 PM
    I sent you one in a PM a few minutes ago.

    Pankaj



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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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  • forgerator
    12-10 03:58 PM
    this is great news for EB3 ROW!


    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005



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  • komaragiri
    08-02 04:23 PM
    Hopefully they can as well speed up their process for July filers.

    Wake up Texas !!:)




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  • pappu
    04-29 02:57 PM
    As the CIR bill outline is getting introduced today, we all need to do our share in making our voice heard. Our issues are real and affect about a million people patiently waiting in line for past several years. We are high-skilled immigrants who have followed all the rules and contribute significantly to the innovation and economy of this county. Our strength is our grassroots efforts, so let us all call our lawmakers and ask them to take immediate action on the immigration bill.

    Call your Legislators:

    Immigration Voice is organizing a nationwide call-the-lawmakers drive. We request members to call each and every senator and congress member. This drive will precede the ‘Advocacy Day(s)’ in Washington, DC and ‘Meet the lawmaker’ drive in local districts. Members can use this phone call conversation with their local lawmaker offices to follow-up with lawmakers when they meet during the break just after the Memorial day.

    Don’t miss this opportunity:

    This is the perfect time to call the lawmakers. The bill needs a push via support from people like us and all lawmakers needs to be encouraged and urged to help us. There are indications that there will be lot of activity on immigration issues in both House and Senate after the Memorial day. We need to make those activities go in our favor and not die like the CIR bill in 2006 & 2007. Thus it is important to starting calling lawmakers, starting from the Senate members. In order to capitalize on this opportunity, it is very important that everyone calls every lawmaker of this country. The similar next opportunity will be in 2013. We can participate now or we will all have ourselves to blame.

    When:
    This campaign starts today at 4:00 PM EST on 29th April, 2010) (Today) and will run until the end of next week. All IV members are encouraged to make multiple phone calls whenever they find some time during the day.

    Who:

    This is the order in which we would prefer that members call. Call all the senators listed here, even if they are not from your state.

    This is the list of offices where there is maximum potential to swing votes either because they are new in the US senate or because they may be reconsidering their position on CIR if the bill has stricter provisions in it.


    TIER I: LIST OF KEY SENATORS FOR CIR

    Senator Scott Brown (R-Massachusetts)
    (202) 224-4543

    Senator Judd Gregg (R-New Hampshire)
    (202) 224-3324

    Senator Richard Lugar (R-Indiana)
    (202) 224-4814

    Senator Michael Enzi (R-Wyoming)
    (202) 224-3424

    Senator Lindsey Graham (R-South Carolina)
    (202) 224-5972

    Senator John Ensign (R-Nevada)
    (202) 224-6244

    Senator Orin Hatch (R-Utah)
    (202) 224-5251

    Senator John Cornyn (R-Texas)
    (202) 224-2934

    Senator John Kyl (R-Texas)
    (202) 224-4521

    Senator Mitch Mcconnell (R-Kentuky)
    (202) 224-2541

    Senator Amy Klobuchar (D-Minnesota)
    (202) 224-3244

    Senator Claire McCaskill (D-Missouri)
    (202) 224-6154

    Senator Jon Tester (D-Montana)
    (202) 224-2644

    Senator Jim Webb (D-Virginia)
    (202) 224-4024

    Senator Sheldon Whitehouse (D-Rhode Island)
    (202) 224-2921



    What you could say to the Senator offices listed above:

    When you call:
    Be courteous. Tell the lawmaker office that:

    --------------------------------------------
    I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform proposal released a few days back.

    I am calling to express my support for the high skilled provisions to resolve the current green card backlogs of the doctors, engineers, research scientist and professors etc. This group of highly skilled immigrants stimulates every part of the economy participating in creating economic prosperity, innovation and entrepreneurship for creating more jobs in America.

    I strongly urge the Senator to please support this proposal. If it is possible, could you please share the position of the Senator on the recently released (last week) Comprehensive Immigration Reform proposal?

    Thank you and I am counting on the Senator’s support for this very important issue of national importance. Please convey regards to the Senator.
    --------------------------------------------
    If you belong to the constituency (State) of the lawmaker, then tell them that you belong to their district/state and are calling to seek their help. If you are talking to a Senator office then tell them you are anxiously waiting for a Senators support for the immigration bill.

    Then ask: What is the lawmaker’s position on immigration proposal? If the position is
    - Supportive: Then thank the lawmaker office for it.

    - If they oppose it: Then request them to support the high skilled green card provisions of the bill that will greatly help you. You sincerely hope that the lawmaker will reconsider his/her position and help you.

    Be polite and persuasive in your message.

    Question What if some Senators say they do not support amnesty. -

    Answer "For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.

    I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration
    giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"





    TIER II: LIST OF KEY SENATORS SPONSORING OR CO-SPONSORING CIR BILL

    Senate Majority Leader Harry Reid (Nevada)
    (202) 224-3542

    Senator Dick Durbin (Illinois)
    (202) 224-2152

    Senator Chuck Schumer (New York)
    (202) 224-6542

    Senator Patrick Leahy (Vermont)
    (202) 224-4242

    Senator Dianne Feinstein (California)
    (202) 224-3841

    Senator Bob Menendez (New Jersey)
    (202) 224-4744

    Sen. Ben Cardin (Maryland)
    (202) 224-4524

    What:

    When you call:
    Be courteous. Tell the lawmaker office that:
    --------------------------------------------
    I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform proposal due to be introduced later in the day today.

    Thank you for the Senator’s leadership on this very important issue of immigration. Please convey my gratitude, full support and regards to the Senator.
    --------------------------------------------

    Be polite and persuasive in your message.

    Stick to the message and you will really make a big difference.

    Please post the outcome of your call on this thread. For more information please contact IV.

    Thank You,

    Immigration Voice



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  • InTheMoment
    07-18 02:23 PM
    Yes..a fairly correct and concise way of putting it !:)

    So now guys realize how RD becomes crucial within the PD current window !
    If the window is too current say 06/07 than it may not be fair to older PD's
    if it around 2003 the window is not too wide and quotient of fairness increases.

    He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.




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  • Green.Tech
    06-05 10:55 PM
    Amount: $50.00 USD
    Transaction ID: *1701P

    Please come forward and contribute guys!



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  • susie
    07-28 02:44 PM
    update on case

    As you know they should have answered law suit at end of May 07, then requested a further 30 days till end of Jun

    Just before end of june their attorney called my attorney and said they want a resolution to case, they had little to no paperwork so requested our file which I hand delivered to Tampa on 6th July 07, so asked for another 30 days to end July

    Well they have replied and agreed with 90% of our case. they say case is moot because my husband died, but my attorney says no, because they errored whilst husband was alive so irrelevant. They are also saying we cannot sue them, my attorney says there wrong

    Anyway I will not bore you with all the details as I now have to do a lot of work, indexing, getting proof my son was issued an L2 visa (they are denying this), getting proof my son took steps to immigrate, which we have as he had INS medical well before his 21st


    My attorney says if we win this will help so many others cases from aging out and to be strong, very hard to do at the moment.

    Oh and they do not believe I am depressed, but I have the tablets and pescription to prove

    And they do not believe my son is his fathers natural son, what b---tards, just cos I did not submit his birth certificate




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  • freakin_gc
    12-23 06:22 PM
    Diptam :This morning my on-line case status has changed to Request for Additional Evidence Sent

    My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.

    a) Why do you need this guy
    b) Can you find an american instead of this guy
    c) How you benchmark performance in the company

    etc...



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  • geesee
    07-18 04:21 PM
    Made my first (small) contribution of $100 today !!
    Google order no. - 952531454379821

    Many thanks to all of IV members !!!




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  • Libra
    09-11 04:56 PM
    thank you saikatmandal.



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  • anandrajesh
    08-12 11:14 AM
    So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..

    All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
    I wish the Democrats lose big time and lose their hold from Senate and house.




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  • Chiwere
    08-20 05:57 PM
    Yep, my email bounced back as well. Do you happen to have emails for the Director and the Dy. Director?

    No, they prefer not to be contacted obviously. Googled a fax no though - Fax# 402-219-6171




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  • TeddyKoochu
    12-10 07:28 PM
    I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....

    I think with a little luck you may cross the line this year, it maybe a close shave or a diving effort, all the best and best wishes. Maybe 2010 is the year for you.




    ajaykk
    01-09 02:48 PM
    Guys anyone pls provide me the fax number or tell me where I can find it to expedite the process. Appreciate it.

    Thanks
    AJ




    JunRN
    09-29 01:29 AM
    If USCIS waste another 11,000 visas this year...it is equivalent to one year visas for one country (9,800 EB visas per country per year)....can you imagine that?

    The problem is compounded because applicants who supposedly got the visa this year would get the visa allocation from FY2008. That visa number could have been yours....or mine....



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