Saturday, June 18, 2011

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  • radosav
    08-14 07:09 PM
    I am EB3 ROW / PD Nov 2005

    have no hope of getting GC in the next 2 yrs, so we decided to put in our applications for Canada. Took us some time to assemble all the documents, but God willing we will mail the package out next week.




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  • lonedesi
    08-04 10:07 PM
    ^^^^^^




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  • Kodi
    06-29 02:40 PM
    From what I see, they're still processing February.




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  • conundrum
    04-30 04:06 PM
    In fact there should be a mandatory GreenCard 101 to cleared at least with a grade 'B' or better for anyone to be on the immigration committee :D



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  • I_need_GC
    02-28 02:01 PM
    Heres the dates just as an fyi.

    Filed AP: July 26,08
    RD: Aug 16, 08

    Took company emergency AP letter to IO by making infopass appointment. Feb 07. Got a letter Feb 12 dated feb 09 application accepted as emergency and will be expedited. Got first link update Feb 19, then Approval on Feb 20, Then another Link up date Feb 21. Attorney received 2 original copies of AP Feb 28. On the AP it has created date Feb 19.

    If your AP is still pending call customer service and do open a SR. My case was handled by the Nebraska Center.




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  • ItIsNotFunny
    10-22 02:54 PM
    Hi,

    I sent PM to 200 active senior members of forum requesting sending emails & mails.

    Criteria used:
    1. Has to have atleast one post after 1st Sep 2008.
    2. Has to have atleast 200 posts.

    I got very positive response from members saying either they already sent mails or planning to send very soon or over the weekend.



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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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  • payal_nag
    11-15 12:29 PM
    Live in Tustin Ranch and work in Irvine, Orange County.



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  • ultimo
    07-24 08:53 AM
    thats sad .

    but they will come with a new bill after 2008 election :)




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  • chanduv23
    09-15 04:16 PM
    Bump



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  • seahawks
    09-13 01:23 AM
    send to Chris Matthews of Hardball and Keith Olbermann of Countdown.




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  • fairboy
    07-25 01:13 PM
    fairboy and friends,

    Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.

    Thanks for your help.

    Here is a bit of background. BEC's have been using a web site named 'America's Job Bank' (AJB) for posting job listings for cases that have not been converted to RIR. Effective 31st July AJB site is being discontinued and a new site named 'America's Job Exchange' (AJE) will become its successor. BECs have already started using this new site. Here is how to check if your job is posted or not:
    1. Go to http://www.americasjobexchange.com/seeker/jobsearch/keyword
    2. In the keywords field, enter the first few characters of your ETA case number. If your case is in PBEC and has a ETA case number such as P-xxxxx-xxxxx, then you would enter either Pxx* or xxx*. Do not enter any hyphen character and do not forget the '*' character at the end.
    3. Choose 'National' radio button and click 'Search Now' button.
    4. You will find a bunch of listings under the company name 'Team Exceed'. This is probably the company to which BEC cases have been outsourced for adjudication.
    5. Play around with different combinations of letters of your ETA case number. You may also click on 'Team Exceed' link on the results page to see a complete list of jobs posted by BECs.

    Have fun

    fb



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  • GCAmigo
    08-02 03:44 PM
    I have talked to a representative and he very patiently explained me about the mess.
    He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.

    He mentioned that they are working hard to meet this deadline.
    Hope this clears the anxiety.


    DELUGE!




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  • pdakwala
    03-08 01:07 PM
    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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  • seahawks
    07-06 02:34 AM
    let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault

    yep, they did, they called email me and asked me to contact other people and organize in a state chapter level. They are also helping on getting other people to help me mobilize members from a state chapter level. The point is the sense of urgency on how we need to move forward together. There is absolutely no room for confusion and I agree when people dont see results, there is always suspicion. But to build an organization from scratch is no easy task, we must recognize that and be respectful of people who do put their time and efforts to make things happen. We all must channelize our energy to making this successful. Everyone has their opinions and I respect that, but I am more interested on hearing solutions if you see there is no progress. Simply asking for change but knowing what change means to all of us will have no takers!




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  • looneytunezez
    04-30 03:11 PM
    I just called and left message with the aide at Senator Dianne Feinstein.
    She said that Senator is supporting the bill, and appreciates my support.

    Next I plan to start calling other senator's office as well.



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  • whitecollarslave
    07-11 08:33 AM
    Pause and take a moment to rejoice. Then turn all eyes to processing dates.

    TSC July 17 2007
    NSC July 28 2007




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  • smisachu
    09-28 10:38 PM
    If this is indeed true then we must high light this and make it our next issue. This is a poster child of USCIS's careless work and sloppyness.




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  • natrajs
    09-11 04:37 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.

    Again on Next yr Jul 09-Sep 09 the DOS move the dates to Mid 2006 or Early 2007 and then the ineffiicient USCIS approve the cases with later PD's and leave the Older PD case

    Until USCIS fix their system, it will be very hard , The Whole thing is unpredictable and much harder than winning a Power ball or mega million lotterry




    pmpforgc
    03-05 10:42 PM
    For all the replies to my post. I understand that there are many others in the same situation I am in, who can understand and feel the injustices of this process.

    I understand that we made personal choices and we have to take responsibility for our actions, if something is clear is that h1-B is a NON-EMIGRANT visa. I just wish there was more transparency from the USA government when it comes to apply for PR through employment. The backlogs and collapse of the system, only reflect the lack of interest in solving the problem which in my opinion it's also a reflection of the lack of interest in having any more skilled professionals coming to the US.

    Most of the participants in this forum are from India. I appreciate your insights and wisdom, you are well known for being spiritual people who work hard through hardships in life. Many of you have left here important advices and I am grateful for that.

    Personally I have done my best to live a life outside this green card ordeal. I have moved on trying to live a normal life without being obsessed with this problem, but as most of you know, reality hits quite often and we are reminded of the limitations that our legal position imposes, more often than not.

    I am only regret the rude comment of somebody who replied saying " Give up something you don't have? Live a life". It's true I don't have anything to give up and that is the sad part of all this process. I have invested thousands of dollars from my own pocket, gone under distress and suffered the unfairness of the system in exchange of nothing. Yet.

    Thanks for your feedback, and good luck to all you. I hope that someday in the future people from my country, or any country for that matter, wont be forced to leave their families and friends behind because of unbearable live conditions we face.

    Just wanted to highlight two sentence from your post, which are contradictory. You yourself said we made personal choice. so it is hard to belive any one is forced to immmigrate from their home country and get away from their family against their own wish. That is only possible if you immigrated or came here as minor and your parents/adopters made those choices for you, which you did not like. But as i understand from you posts, you applied your own H1B, so I assume it was not against yours wishes. And also in your first post you already mentioned that when you first came here your family was very happy for you. So I assume at that time no one from you or your family were worried about UNBEARABLE Living Conditions in US that WE FACE?




    us-alien
    07-23 05:22 PM
    Guys, We just got the magic e-mail.!!
    Card Production ordered
    PD AUG 2004
    RD :FEB 2005
    EB3 INDIA :) :) :)

    thx everyone for your help and suppport!!


    Here's my analysis on how this case which a late PD could have been approved this fast:

    1) this labor might have been approved from one those states which had fast approvals was able to able to apply for concurrent filing before jan 1st, 2005 when EB3 retrogressed.
    2) since there were very less cases between 2003-2004 in I-485 (due to slow BEC processing), this particular case was selected based on RD.
    3) but with the current openings, there will be a lot of cases between 2003-2004 enough to use up the numbers esp for india until the next several years.

    So i dont think we can guess that the I-485 dates will now be at 2005 or later.



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