Thursday, June 16, 2011

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  • i4u
    05-06 03:00 PM
    called one more round - both sets.
    Build the pressure..........




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  • satyasaich
    03-08 01:10 PM
    Could be a firewall if you are in a corporate office that impose some rules
    Otherwise i think all should be able to listen

    Update: There are only 6 members of committee, but Sen.Spector decided to start the debate

    Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration




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  • ganguteli
    03-12 06:19 PM
    This is nothing but a typical desi mentality coming out from all of us. We all want to get everything for free or at a discount. Each dollar is saved to be transferred to India or to buy larger flat screen TV than our friends at home. :)




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  • inspectorfox
    07-19 05:02 PM
    http://www.imminfo.com/resources/cissop.html

    Does anyone have the SOP for I-140?



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  • JunRN
    09-28 01:37 PM
    It is not even considered yet and I don't think it will ever be considered. That amendment includes not only schedule A but also others and with proposal to increase the number as well.

    How could it pass if it's carrying heavy-baggage, it won't move!!!




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  • gcadream
    03-01 04:09 PM
    There is a link on immigrationvoie.org website "when can I get my GreenCard" and to my utter shock when I clicked that I got the message that I will get my GC around 2026.
    There is a checkbox for spill over visas also, and I selected that thinking that it will move my dates before...but it got moved only till 2024.

    So does it really mean that I will get the GC around 2024 or is it just plain maths which doesn't goes practically with the changing scenarios.

    Because right now the current PD is Feb'2005 and it looks like withing 2,3 yrs it should reach Dec'2007, but this data is just my guess OR more of intuition, I'm not sure what will happen.

    In this forum there are many experienced people, if they can throw some light on this, it would really help. Otherwise things are sounding very depressing !!



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  • gc_on_demand
    04-30 03:34 PM
    If this is the case right now.. Think about House and Senate.. Will they pass it easily ? Eventually they will say next year we dont have time for immi stuff this year..




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  • GCScrewed
    08-16 09:21 AM
    This just dawned on me. They are supposed to following the current law of per country limit first before distributing it. But how come all the EB3 countries are not available while they are distributing "extra" visas to overscribed countries? Countries like Iceland should always be current as they do not have a lot of EB immigrants. So you would excpect that at least some countries still have EB3 visas. However, it is not the case.

    The purpose is to demonstrate that they do not have a process to follow the law. They screwed up before and they are screwing up again now. There have been other facts about their mismanagement that can be used to make the case. Therefore, they should compensate people who have been here patiently waiting with good faith... one way is to speed up processing cases pending for more than 5 years.



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  • gc28262
    08-12 01:22 PM
    My wife works in a company where a good number of IT folks are staffed by INFY. The poor quality of work made the company think about not extending INFY's contract. But then it came out in the open that there was no documentation on how the applications were built, etc. INFY got wind of this, and now they have positioned themselves in the organization where without them, this company's IT would collapse.

    There are many such stories of outsourcing firms that are holding client companies hostage. Though I do not agree with the bill, I think the bill brings back some ethics into play. Especially the L1 loophole.

    This is more of the client company's fault than Infys. It is upto the client to demand documentation for all the stuff Infy does. Infy will happily do that.

    I used to work for an Indian IT firm in India in 1998 where our client was a major corporation here. The client used to demand so much documentation and follow stringent procedures that we were spending most of our time in documenting and following the procedures than doing the real work. This company did this happily without complaining. Client made sure that no company can hijack them.

    So it is more of a management issue at client company in this case.

    BTW many employees use this technique for their job security.




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  • sledge_hammer
    03-04 12:05 PM
    Chevy Chase is a bank in this part of the world! :)

    I like the actor too btw...

    LOL. I think you meant JP Morgan Chase :) CHEVY CHASE is an actor.



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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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  • 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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  • ngopikrishnan
    10-22 10:48 AM
    Irrespective of the employer decision to revoke I140 or not, I have to send AC21 letters to USCIS. That is the reason I am asking anyone to suggest a good attorney for representation.

    Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.




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  • vk_vkumar
    07-15 03:14 PM
    The following memo from DOS to CIS says it all:

    July 2, 2007

    TO : CIS Section 245 ADJUDICATIONS

    FROM : Immigrant Visa Control

    SUBJECT : Authorizations for Employment CASES

    Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

    The above action is a direct result of the sudden backlog reduction efforts of CIS offices during June and the first few days of July. During this short time period over 60,000 requests have been received and authorized. This is in comparison to the 66,425 CIS requests which were authorized during the first eight months of the fiscal year.

    Please be sure that this information is passed to all personnel involved in the process of obtaining visa authorizations from the Visa Office for Section 245 cases



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  • diptam
    08-20 03:51 PM
    Folks,
    I sent the email with almost similar content as the hardcopy letter we are talking here and CC 'ed the email to USCIS-COMPLAINT@DHS.GOV as well.

    My Subject was : "Complaint about Unfair and Haphazard EB3 I-140 handling at Nebraska(NSC)"

    Also i just noticed that USCIS account where i CC'ed came back with a "Out of Office Autoreply" and in the out of office message they said its an inactive account - blah ! blah !.... which gives me a feeling someone is definitely reading the account and its pretty much active but just to avoid burden of replying emails they utilized ( rather mis utilized) the feature in a very Naive manner.

    Did anyone else received any reply - i'll post if i receive any reply.

    By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.

    cisombudsman.trends@dhs.gov

    Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !




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  • skynet2500
    12-10 04:06 PM
    When am I going to get my gift card? I predicted it right. :)



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  • theperm
    08-01 05:02 PM
    would really like to reflect my thoughts, experience & opinion in writing, but please do note: i don`t have a journalisim background.




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  • karan2004m
    01-08 07:22 PM
    Ok then why dont we teach some respect and humility to professor ji to show some respect for his country men as well..

    what a harsh speech that was..seems like some personal anger against india and their colleges...

    And respect and humility are another thing that differentiate us Indians from others!




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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.




    raydhan
    03-08 10:13 AM
    Here's the link for the live hearing of the Judiciary Committee

    http://www.capitolhearings.org/

    Click on room Dirksen 226 and let everyone know what you hear. Not all have access to internet from work

    Enjoy!

    This is the right link. It is very clear today. Interesting discussion.




    eb3_nepa
    07-14 03:37 PM
    Hello everyone who contributed and will contribute. As an added favour, if you could update your signatures with a Link back to this thread, that would REALLY help matters.



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