Saturday, June 25, 2011

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  • AabTuAgaGC
    01-04 05:50 PM
    helpless situation. Got to stay cool :cool:

    I was cool till last month. But, now it has been over 6 months for me and everytime I call them up they just tell me to wait or just end up with a stupid answer. I mean, there is a limit to ones patience. I had to ask my parents to postpone my sister's wedding, which was to be held in November and was thinking that I will get my AP by February. But, so far nothing yet. I can't just ask them to keep on postponing the wedding plan every now and then. It's so fuckin frustrating :mad::mad:




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  • bkam
    04-26 11:44 AM
    When you apply for permanent residency in a developed country, you have to cover certain criteria and then you get the approval prior to entering the country. This criteria may include job invitation from a local company (New Zealand recent approach) etc but the point is that the relationship between the potential immigrant and the country-recipient are clear.

    The situation in the US is different - you come here to work temporarily only and you must state that you will return back upon expiration on your visa. On the other hand, there is an option to apply for permanent residence but it is not guaranteed - it is only a possibility.

    OK, I can live whit this approach. But when applying for a GC and would like to BE ABLE TO GET REPLY IN A RESONABLE PERIOD OF TIME - 2-3 months, not 3-4 years ! If approved, I would like to BE ABLE TO GET MY GC IN A REASONABLE PERIOD OF TIME - 6-12 months, not another 5-6 years ! Than I can take a decision what to do and where to go.

    I also do not mind to pay for SS and Medicare. That is OK as long as I get these money back if I do not became a permanent resident/citizen of this country. And I should get it back with an average market interest rate for those 6-7 years. Same if I would have invested them in bonds or so.

    That is a fair approach ! Why I have to state that I am coming here temporarily only and then be forced to pay for SS and Medicare ? Because I am retarded and do not understand what is going on ?!




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  • ashutrip
    06-22 11:28 AM
    Visa Bulletin suggests that severe cut-off date retrogressions are likely to occur early in FY 2008, which starts on October 1, 2007.

    So we still have some time on our side.
    Hope will keep us alive!!




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  • eastindia
    03-06 09:32 PM
    Heres the sliver lining of all this immigration mess. So I wonder if GC had been a smooth process would I have still discovered the beauty of the Gita?

    Seems to me that Gita is your GF/Wife .......?

    This is corrupt thoughts about spirituality just like modern day sadhus who sleep with GFs and make tons of money for themselves. If you really care about Gita and spirituality what are you doing here chasing dollars. You should be back in India and live a true sanyasi life.



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  • desi485
    11-17 04:07 PM
    desi - I am not sure how we do that but I personally think if we ask such a thing we are letting USCIS send us denial notice even though they must not send it.

    I absolutely agree with you that in first place, CIS MUST NOT revoke 485 when a person changes to similar job after 485 is pending for more than 180 days and 140 has been already approved.

    IV is already running the campaign to send letters (I did send mine) and hopefully it will get us good results.

    However, we should still know what happens to EAD in such unfortunate event. Many AOS candidate, specifically from retrogressed countries may have gone beyond 6 years of H1B and may not get H1B extended based on this pending 485. or many must be working on EAD as many employers are not willing to sponsor the H1B. In this case, knowing the validity of EAD will surely helps.

    Meanwhile, here is another RG thread (http://immigration-information.com/forums/showpost.php?p=25447&postcount=7) found, clearly talks about this issue.




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  • skakodker
    03-01 10:49 AM
    [You are relatively at peace because your PD is 2005 and you are in EB2.
    Moreover since you are already filed 485 and its more than 6 months you are secure.
    For rest the situation is precarious

    As it relates to my green card application, my situation is relatively better than some. If you search my previous posts, you will note my similar expression of frustration a few months/years ago. I don't want to go into the details behind how justifiable my frustration felt at the time - those are facts that I can do nothing about.

    So I gave up and quickly made plans to return to our homeland. I was lucky to have a moment of clarity about a month before pulling any triggers because shortly thereafter, I read Lance Armstrong's book - "It's Not About the Bike". "Man's Search for Meaning" by Viktor Frankl was another very inspring work for me. I have since read many books on similar subjects - some good and some not so good - but more importantly, I now believe, with all my heart, that how I feel is entirely up to me. Not only is it just up to me, I am 100% accountable for it.

    I am not saying you shouldn't express your feelings or seek the comfort of friends when you want to. I am simply offering some details around what works for me and why I am not as frustrated as I once was.

    My green card "struggle" - if you can call it that - no longer impedes my ability to enjoy this moment. There are more people-including children-facing far more significant challenges across all walks of life. I accept my green card situation for what it is. I work everyday on what I ought to be doing and strive to leave doubt and worry behind (per Huxley's age old advice). This works for me.

    I would love nothing more for it to work for everyone.

    Best,

    Sunil



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  • satishbsk
    07-13 07:14 PM
    Some one get list from Walk In Medical Care who all went to medicals for 485 in June :D :D .
    When I went for submitting and collecting medicals there were around 15 + each time last month.

    ___________________
    Contributed $280 so far




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  • pappu
    08-12 12:39 PM
    Why the double standard of Democrats??? Why the hell this philosophy is not being used for illegal??? Why the hell they opposing AZ law?
    At least, body shoppers are not breaking the law like illegals are breaking.

    Hats off Democrats for your double standard.

    Imagine what would have happened if they put a fraud fee to every employer caught employing an undocumented. It would have helped reduce undocumented crossing and employed by US employers but also used the same money from fraud penalty to secure the borders.



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  • insbaby
    07-06 01:33 AM
    oh that's easy stuff - I can do that :p sign me up. I love chicken parmesan at olive garden. There is just one problem. What do you want me to do after my lunch and before my evening flight. That's just waste of too much of my time. :rolleyes:

    It is a 3 hour lunch. :rolleyes: :rolleyes: :rolleyes: :rolleyes:




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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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  • josecuervo
    07-28 07:37 AM
    Hello everyone.
    Please share your experiences if you renewed your NJ DL with EAD renewal notice.

    My nj dl is due for renewal. I have applied for EAD renewal. I have the receipt notice and am working on EAD.

    Thanks




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  • arunmohan
    07-11 02:49 PM
    paskal, thanks for the reply. whats very frustrating for me is, these guys mess up so badly and they get away with no trace , we all know that this happened in the past and probably is happening currently too. All we are asking is a fair FIFO method and proper usage of visa numbers with transparency. The mere fact that they are not transparent raises many doubts in many minds. And these questions are not coming from those people who filed for their greecards an year or 2 ago..i just read a post in this same thread that this person has been waiting for his green card for 10 years...this is the height of ridiculousness and there is a limit for our patience, and this is it...

    Thanks Paskal, atleast he is going to ask from members of IV who are in touch with USCIS about EB3 situation. I will still urge to IV team to use FOIA to find out EB3 situation. We need to know the number because I know people who ever filed I-485 before Dec 31, 2004, most of them have received GC in June/July 2007.

    We don't know when this date is going reach 2003 or 2004 because it was stuck Nov, 200 before it became unavailable. Most of EB3 folks were and are entitle to EB2 but due attorneys and company's policy we filed under EB3. Since most of us are working on EAD and we cannot convert EB3 to EB2. If some one have option to convert from EB3 to EB2, we don't know how long it will take(due to backlog of I140) and what could be the endresult. We need to stand together and need to find a possible option to do something. Otherwise we are in deep mess and we will in deep mess after 2 years or 3 years.


    Please give us your feedback.



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  • 9years
    10-29 09:08 AM
    Quite possible. Best of luck.




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  • pappu
    12-21 10:41 PM
    yabadaba, we will always have tough opposition when we try to do something. Your op-ed was very good and some people could not swallow it. You know some people can't imagine anyone from your country having good english! All these media efforts help us raise awareness, send our message across to the masses to counter anti immigrant propaganda. Due to our press coverage lawmaker offices too have started to take us seriously. Thanks to you and other IV members that are constantly helping this organization in media efforts, whether it is as small as writing emails, getting interviewed or writing articles. All these media successes are on zero budget. All IV members are our PR agents and PR firms.Thanks.



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  • virtual55
    09-13 04:35 PM
    http://www.andhraheadlines.com/World/BrowseArticle.aspx?ArtID=2303




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  • onemay
    04-27 10:42 AM
    In California they don't accept any other document for the renewal of your DL other than the new I94- I think someone said I 907 and they are right because I 94 is olnly a portion of the whole page.

    We filed premium for the extension and the company is paying for it, but it still takes 3-4 weeks until the lawyer is gonna prepare the package and send it to us. Unfortunately, I don't have a home country DL that I could use between the gaps and this is a great burden for my husband who has to deal with a very demanding job and take the kids everywhere.

    I feel imprisoned for just wanting a better life for my family and my kids and I don't think the treatment that the legal immigrants get in US is fair. I was a legal immigrant in 2 diffrent countries in Europe and although you might not be able to get blended in the crowd as easy as here, you will be treated with more regard for human rights( like the right to work or to drive).-this is our 7th year here and I can't work.

    Before belonging to a cultlure or a country, we all belong to the humankind, whith the same needs and dreams and people should remember that first - they are not talking about immigrants or legals or illegals or numbers EB3, H1B and other labels, but people whose time is ticking and gets away from them with every second that passes. We are here because this country was build by people like us and we belong here, so please, if someone who was lucky enough to be born here reads this message, consider our situation and let our voice reach the people who need to hear it.



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  • buehler
    07-20 08:17 AM
    Actually it was lost by only 2 votes. Only 95 Senators voted and hence 57 votes would have been enough to carry it through. Really Sad. :(




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  • singhsa3
    07-20 01:19 PM
    For my career sake, I hope you are right!
    H1Bs taken care by California and Vermont centers. 485, 131 and 765 are handled by Nebraska and Texas centers.

    Also, Nebraska is big and main center. They know how to handle load.

    Here are the EAD statistics (real numbers):

    Year Total received Approved
    2000 1,451,527 1,325,840
    2001 1,813,479 1,698,448
    2002 1,745,976 1,573,842
    2003 2,156,095 1,977,344
    2004 1,640,703 1,694,623
    2005 1,744,961 1,541,531
    2006 1,462,583 1,188,770

    By seeing above numbers, you can see how USCIS handles load of millions of EAD applications every year. so, 600K is not a surprise for them. In 2003, they got more 2 million applications, but they handled well. But it may be take one or two months extra, i.e. 3+2 = 5 months maximum to get your EAD. Thats for sure. They will be prepared for that when you they allow us to file.

    If you already applied for EAD now, then you will for sure have a EAD by December.




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  • indio0617
    03-09 11:13 AM
    Senator Specter: Again calling on all Senators who are not in other commitees to turn up in this meeting




    learning01
    04-26 09:58 AM
    You stated dual intent immigrants. In letter and spirit.
    That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.

    Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
    It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.

    Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)

    Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D




    chanduv23
    05-15 10:03 PM
    For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.

    Shan - I totally understand your frustration and where you are coming from. I had the same level of aggression when i first started participated in IV activities and I am sure, a lot of people want to pursue things in an aggressive manner.

    But lets calm down for a minute.

    The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.

    I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.

    See - these kind of decisions are not easy and not not everyone understands this stuff.

    Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.

    We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
    - Lobbying, awareness etc.. are basic principles of IV .

    we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.

    Nevertheless - one must know how litigation also works in case that is the only option.

    I request people to please share their ideas and thoughts on how to tackle such issues.

    Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.



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