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  • ameryki
    01-05 06:25 PM
    I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link

    http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf

    My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.

    I hope this reduces some frustration.

    I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped




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  • Caliber
    03-12 01:12 PM
    Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support. I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.

    Dear Vin,

    Thanks for your inputs. What I am suggesting is that, every one of us should volunteer for our own good. If you can spend some time, I sugggest that, you send an email to IV core offering them your time so that you can share some of their work load.




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  • gjoe
    10-03 05:37 PM
    Every year congress mandates that 140k immigrant visas may be issued. Lets say, in a particular year 200k applications were sent in, but only half of them could reach a stage where they could be approved (rest half are stuck in name check et al). Now you can approve only 100k which means that 40k visas which could have been used will go wasted for that year.
    If visa numbers are assigned to cases as soon as the application is entered into the system based on the PD even if there case is not approved that year still they can get the visa whenever there case can be approved so effectively no visas are wasted in any year.




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  • ItIsNotFunny
    03-12 10:13 PM
    I already did. I just dont like this DONOR based thread idea. for reasons already stated.

    Why reddog is not marked as "Donor" yet?



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  • Aah_GC
    06-10 10:09 AM
    My suggestion - Do your best to support IV - contribute and make those calls. Rest: Leave it to the man above - and move on with your priorities.




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  • newbie2020
    07-06 06:32 AM
    While IV is a big organization with 20K+ members, I haven't seen the transparency, All I have seen is tons of threads being created requesting members to donate money, However Is there any transparency in the way the money is being spent the answer is a Big NO. I have seen someone posting threads on IV tax filings (some disgruntled member for sure ) and those getting deleted within few hours....

    There was also thread on the need to pass on the immigration torch to the next generation to take it further...and this is a good start if the core committee can be elected perhaps once in 2 yrs or something and any core team member wanting to re-election goes back and compete with someone who feels they can do a better job.

    Without fresh blood and fresh thinking the organization will fail to attract new members.



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  • hebbar77
    09-11 10:40 PM
    when do we all send it? should we wait for oct 2nd?
    Also is it a crime to send such letters in bulk to a govt agency?(kinda spamm?)




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  • ps57002
    09-01 09:40 PM
    I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???

    Came in Dec 1990
    Been on various visas including F1 (grad and undergrad) and H1.
    Didn't get to file GC till 2007 unfortunately...



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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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  • eastindia
    03-06 09:38 PM
    Not a single person on this thread criticizing will ever go back however much painful the greencard wait is. This is a ugly truth.

    Life in USA is far better than India and will always be until India controls its population, curroption and poverty.



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  • chanduv23
    11-24 05:27 PM
    I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
    One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??

    Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21




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  • sundeep14
    07-11 10:51 AM
    i dont get it..why r folks so happy...i agree its current till 06..but that does not mean that people are goin to get green cards...it just means that till 06 whoever had not got a chance to apply for 485 can now apply...congrats to them...but i beleive there are not many people like that..



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  • ganguteli
    07-06 02:57 PM
    You morons, You have spent so much time in useless discussions and anti-immigrants are laughing at your foolishness. Its high time your greencards applications get a denial or RFE. You will come crying to IV to save your status. Or else you will be deported. That is all you can do. You guys have got sub labor or faked your resumes and now you want someone to be accountable to you. First learn to be accountable to yourself and your values.
    Here is what antis are telling you aholes:
    As for you fuckers over at Immigration Voice that caused this temporary outage, keep it up. The more time you waste harassing me, the less time you have to send flowers to politicians, begging for your green cards.

    Give it up, slumdogs. The whole H-1B thing was like a little tryout to see if you scumbags could fit into American society. Since it is clear that the bigoted, misogynistic caste mentality is ingrained in your DNA, we have to send you home. Maybe we will make you wither in limbo for 10-20 years, dangling a green card in front of your eyes, but the end result will be the same. You will have to leave.

    Unfortunately some of you may not live long enough to see that open sewer of a sub-continent again. You may die here in America, in an accident, or by natural causes, or commit suicide like all the techies in India are doing.

    Either way, by death or deportation, you will be gone.

    And Americans can go back into I.T. once again and reclaim the industry that we created.

    STFU you freeloaders




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  • JazzByTheBay
    03-12 04:11 PM
    Hate to be repetitive, so just read my prev response.

    jazz

    Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support.

    I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.



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  • reddog
    09-15 10:45 AM
    This is the Indian mentality at work. My EB3 bro whose employer(company policy) did not allow him to file under EB2 even though he had over 7 years of experience and was making 70 bucks an hour when he filed, is not better than his EB2 bro just cos he is EB3.

    That is it. Nail on the head. No, thats not all, look at the support, and these are Indian folks. I live in a small city with 150 Indian families (most of them doctors and other occupations) who have migrated to the US atleast 25 years back.

    These people are just happy that we are here, that they now have a 150 family Indian community that they can call their own.

    And here we are, all the skilled Eb2 guys, who are superior to the EB3 guys not wanting their EB3 non-immigrant men to ever get their Green Cards.

    It is funny that rather than trying to correct the system, fight the inefficiences and amend the laws, someone is tryin to channelize their energies to fight against their own group. And more surprising is that there are a lot of supporters.

    IV, your days are numbered.




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  • rajuram
    12-18 04:35 PM
    qplearn that was a good one. !!!!!!:)

    For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....


    While we all sit here discussing Gandhigiri, time is silently slipping by. New congress session is only two weeks away, but guess what � immigration is not even on the agenda���..

    CIR has come and gone�.
    Elections have come and gone�.
    Lame duck has come and gone�.
    I guess the season for waiting is still here�.may be for a very long time



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  • optimystic
    09-10 05:06 PM
    After reading all your comments, I reached to a conclusion

    We all are being fooled and frusturated by USCIS.


    .....


    Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.


    Thanks


    How about this -- http://immigrationvoice.org/forum/showthread.php?t=21421




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  • bigboy007
    06-02 03:21 PM
    But all this applies to New cases right [dual intent option ]???? i still wish its after oct 2008 but as it reads it May 15 2007.

    BTw where does it say H1B is not dual intent ?




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  • desi3933
    07-06 03:03 PM
    I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.

    >> I checked 2007 return and it has only 100K asset.
    It is 165k. But, still, 450k for current asset value seems high.


    .




    Sunx_2004
    05-13 11:44 PM
    This is strange, They are saying your I 140 get denied on the date it was approved...
    What was the result of second MTR, Is that dismissed too...

    I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009




    Administrator2
    04-30 02:19 PM
    Cornyn Open to Working on Immigration Reform - Roll Call (http://www.rollcall.com/news/45730-1.html)

    We need to get more, but obviously a good beginning.

    This is just in. Thanks for posting Leo07.

    Please Please Please call Cornyn office right now.



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