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  • inskrish
    09-11 03:47 PM
    I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.

    Next year Jul-Sep 2009, PD should move to mid 2006 again.

    My 2 cents.

    Hi Desi3933,

    I think you misunderstood buddy's frustration.




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  • parvatneni
    09-10 11:50 PM
    Hello november

    Are u sure that "http://mumbai.usconsulate.gov/cut_off_dates.html" is not any error ?

    If yes! How come china status is not indicated explicitily as is indicated in travel.state.gov?

    Does any one have previous month cut off date from this site ?

    I am fairly new to this forum -Excuse my ignorence incase if this does not make any sense.




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  • maddipati1
    11-21 04:00 PM
    But.. when AOS(485) is denied, won't the underlying 140 and for that matter labor is also denied?



    I think you are wrong ( I just think)

    H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.

    So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.

    This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...




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  • saimrathi
    06-08 04:05 PM
    If you are in EB2, then might as well go for PP for the I-140. Regular at Nebraska is taking 8 months. Given the way dates move erratically, if you get current in the next couple of months (I hope you do, mine is the same PD) you wont have I-140 to worry about, you'll be all set.

    Thanks for the insight. Will opt for PP.



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  • Xipe Totec
    04-25 12:37 PM
    This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.



    Not if the law would say "...currently holding an H1B status" ;)




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  • needhelp!
    03-12 12:49 PM
    So you want the people who are working on the initiatives to to go through and read and respond to every individual?
    wow!

    I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk.

    Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.



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  • vparam
    10-11 06:33 PM
    vparam...

    Thanks for your detailed anwers.

    have you opened your own LLC currently while on EAD?
    Yes, Opened and have done business worth 10K :-)




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  • gk_2000
    08-23 09:32 PM
    You call the guy with Bsc/bcom and have the 4 programmers reporting to him is the multinational executive. As you might get benefit from it you can call whatever you want.

    You are down to demeaning Bsc's and BCom's. Remember, to manage an enterprise is no joke, or else even you would have done it long back. All the noises that are coming from you are nothing but sour grapes. When nothing else is left, you turn to demeaning

    For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS



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  • farhad
    08-20 02:13 AM
    Unfortunately, there isn't a fast lane for nurses. If your PD is April 31, 2007, my advise to you is to monitor the monthly Visa Bulletin and once your PD becomes current, you will know that it is just a few months ahead. For now, with the current turn of events, without the fast lane for nurses, you are looking at two years of waiting.

    tnx for the grade information
    does it takes 2 years for I-140 to be approved?! my gush! or its included the CP? then can you tell me what is the diff between I-485 and CP? and which one is runnig faster?




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



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  • Raju
    08-05 09:47 AM
    In continuation to my posting from the previous thread (http://immigrationvoice.org/forum/showthread.php?t=20598), I have made some changes to the draft letter based on the comments received from few members. Now I have two versions of the same letters, one for TSC petitioners and other for NSC petitioners. This letter addresses the delay in processing of I-140 petitions at TSC & NSC.
    Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):

    1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
    2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
    3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
    4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
    5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
    6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
    7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.

    Please feel free to post any questions or clarifications you need before mailing this letter.

    Don't we need the consent of the petitioner (employer)? Please see the line item # 15.




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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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  • kumar1
    03-13 02:08 PM
    I never got any notification of any file transfer from NSC to TSC. I do not know if that happened or not.
    Hi,
    I can see that your 485 recipt date should be around 7/25/07 which is around mine.

    Was your 485 transferred to TSC or NSC ? If so, did the Transfer notice have a different Receipt date ?

    I am just trying to figure out when they may get to my case. My 485 Recipt date was 7/31/09 and then it was transferred to TSC and the transfer notice had a receipt date of 10/1/09. Not sure if they'd consider the Receipt date in the 485 Receipt or the 485 Transfer Notice.

    The reason for my my anxiety is, I provided a change of Address (more than 200 miles) to USCIS and am wondering if I'd get a rfe.

    Thanks




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  • I_need_GC
    02-20 10:22 AM
    Today I got a LUD on my AP. Documents mailed. Finally after 2 weeks of waiting time. Nebraska center is slow really slow. But I am happy can now go on my business trip.
    :)

    Today I got my first soft LUD on my case. Last week I got a letter from USCIS that they had approved to expedite my case. I would rather have seen the AP but the waiting game continues. :eek:



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  • gccube
    07-18 03:55 PM
    That requires sorting of the application by PD. But the SOP does not mention anywhere about the PD Sorting. I am sorry for you guys.

    Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?

    Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.

    In such a case the PD lost all it's significance once the adjustment of status if filed?

    If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.

    Or May be I am missing something......




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  • chisinau
    10-05 01:42 AM
    Thanx for the reply! In your opinion, do we still have a chanse to see relief for schedule"A" this year? From my point of view, the chanses are slim. Maybe I am too pesimistic....:confused:



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  • farhad
    08-19 09:04 AM
    I am out of state visa screened nurse after having a hard time passing the cgfns and other reqirment my sponser has filed me I-140 on 31th april 2007, I dont know why but they didnt give me the center name in which they file the petition, or recipt no., my questions are:
    how long will it take to recieve the GC?
    do you think the condition will improve for RNs in the future?
    how can I find my case number without asking my sponser?




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  • chaukas
    03-17 01:12 PM
    BTW , I have been a monthly contributor for years and also contributed to other special occasions :) . Still patiently waiting for access to the donor forum.




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  • FrankZulu
    08-11 03:43 PM
    Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.


    SriKondoji & I both being from the NE area we communicated through this thread possibility of car polling for DC and I received a call from him last thursday(Aug 9th) regarding this from some Ohio area code. So buddyinus I can at least assure you he was travelling at that time.




    learning01
    04-25 01:56 PM
    Let's talk about how backlog has affected us or our green card process. Let's discuss, write, post here about how to ask law makers to increase visa numbers for green cards affected by retrogression. Let's ask the USCIS to revert for concurrent filing. Write about these. Write letters to editors, to law makers, to companies. Let's stay focussed. Already there is the CIR is stalled for lack of agreement between Sen. Frist and Sen. Reid.

    Let's take this PD definition discussion offline, as at present this is not a goal of IV. Am I correct?
    The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.

    This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..

    Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.




    snathan
    05-15 07:30 PM
    Ok - any ideas how we can ask? What fee waiver are we asking for?

    We need to understand if there is a system in place for fee waiver?

    To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.

    Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.

    I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.

    thats why we need innovative ideas to deal with this.

    Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.

    When its purely their mistake..why do we need to pay for the MTR. I am asking the fee waiver for the same. If they are not giving, we need to fight it in the court.



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