Friday, June 17, 2011

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  • scottsmith
    09-15 03:33 PM
    Very well said there are ppl like "GCTest", that will start this thread try to divide the whole community instead of supporting HR 5882 & calling all the Committee Members.

    There are people that used
    1> Labor substitution
    2> Worked in LC backlogged state like CA, NY, TX etc but filed in fast moving states like Maine, NH etc..
    3> Applied in EB2 when their job requirements wasn't really EB2.
    4> Made up five years of experience so as to apply for EB2.
    5> Packaged NIIT diploma et al as masters..

    Then there are others Who applied in EB2 because they had a masters or genuine experience AND their job demanded EB2. Also people, irrespective of their categories, toiled at BECs.

    I would be a bit skeptical about folks that filed EB2 thru a body-shopper or a consulting company. It doesnt mean that EB3s are holier-than-thou and hasnt resorted to fraud.

    My point is, the whole system is biased against people who follow the rules.
    Unless you play the system ( using the points mentioned above), you have to wait and wait and wait..

    At this point, its hard to find out who belonged to the former category and who belonged to the later. Do you think people would come forward and accept?

    -Peace
    G




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  • eb3_nepa
    07-16 12:20 PM
    $1 gas money saved from not going to subway :D :cool:


    Good one!




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  • supers789
    12-11 03:41 PM
    I need something which removes employer dependency with approved i140 until u file 485.

    I hate working at the same employer just becasue my PD is not current. And by the time my PD becomes current, may be employer is not doing good, I am not happy at the job.... and I have to start from PERM again at new employer. Also if employer revokes i140, I loose the PD as well!!




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  • vayumahesh
    11-16 08:04 AM
    Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.



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  • vbkris77
    08-12 11:08 AM
    So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..




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  • Macaca
    09-14 06:25 PM
    Foreign workers with skills find open door After waffling, the U.S. suspends the wait to apply for green cards (http://immigrationvoice.org/forum/showpost.php?p=127944&postcount=788) By Teresa Watanabe (teresa.watanabe@latimes.com) | Times Staff Writer, July 21, 2007



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  • test101
    07-24 05:15 PM
    all what i did is the following :

    A-filed the application and paid it on line. I called the cgnfs to check on the required documents.

    B- part of the cgnfs application is need to be sent the the Nusring Board of education in the state you are licensed in. Call the nursing board of education in your state, usually there is a fee for varification of licneses.
    Ask them if you can include an express paid envelop so there wont be any delays. Explain to the nursing board that you need it fast so they finish it fast.


    C-Your transcripits has to be sent from your college.(do not send it yourself). I went to my college, ordered my transcripit and went to the nursing office and had them express mail it the same day.

    I believe you need your high school diploma as well. Call the cfnfs and them for they exactly wants from you.
    You do not need Toefl if you are educated in the US.

    My experience with them is that they are fast if you are US educated because they do not really have to evaluate your education.

    good luck




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  • miracles
    08-09 12:09 AM
    any updates on the bridge bill for schedule A Nurses.

    The congress are on break for 4weeks this August, so expect none will happen till September.:cool:



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  • reddymjm
    07-14 10:31 PM
    I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.

    Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:

    "PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".

    I am a JUN filer. JUL 07 killed me.




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  • reddymjm
    03-03 11:13 AM
    Not much movement.

    EB2-I : 15 August 2004
    Eb3-I : Either U or 15 Jan 2002.


    Thank's
    MDix

    Definetly more movement than this. U - not so soon for EB3. It might be mid 2002.



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  • desi485
    12-02 05:45 PM
    ...
    My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address.
    ...
    Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
    ...
    Thanks,

    axp817,

    I am guessing that your EAD was driven by the address which you provided while applying for it. CIS may not confirm what's on file, when there is already an address mentioned in application itself.

    also, thankyou so much for sharing updates with rest of us. This may be useful to someone in similar situation in future.

    Best wishes for your trip abroad. :)




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  • gclabor07
    05-30 02:22 PM
    Let's contribute and give IV the muscle it needs. Can we?



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  • amitjoey
    06-26 02:50 PM
    The bill being discussed in the senate if passed is going to be very detrimental to people that are stuck in the labor backlog centers. They wil be forced to redo their labor with the new point based system. That is not fair at all.




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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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  • paskal
    08-01 11:24 PM
    Hey all,

    hope you guys have visited the IV physicians blogspot.It is very good.One of the bloggers mentioned about supporting such a move, but the question is how do we start.I myself is technlogically challenged so we have to get the expertise of the IT people.I think we should start now.

    folks,

    i'm not a techie either, but creating a blogspot is very easy
    the site is practically pre made
    you just choose your templates and features
    try it.. we would be happy to carry a link to "iv-schedule a" on the physicians blogspot




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  • srinivas_o
    09-02 01:40 PM
    Landed in August 2000.
    Company A filed Eb2 labor in Aug 2003, went to backlog center, got an intent to deny letter, replied to that letter, eventually got denied.
    Company B filed EB3 labr in Sep 2004, luckily filed I-485 in July 2007, got EAD.
    Now working for Company C on EAD as an FTE using AC21 memo feature.



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  • Miya Maqbool
    09-10 03:32 PM
    HI Pappu,
    PLease post the total amount received end of the day on the web site....
    Hopefully we will exceed the required amount....
    Go IV!!!




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  • for_gc
    08-14 07:02 PM
    Guys good news from my side. Just got most awaited Card production Ordered emails for my wife and my son. ...

    Congratulations Conchshell !!

    You really seem to be a very level headed guy. Hats off to you !




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  • lonedesi
    08-08 08:22 AM
    People who have been waiting for I-140 approvals from TSC & NSC and those filed during Jun-Aug 07, please join this campaign to make it effective. Unless people who are suffering, actively participate in this campaign, we will not be able to achieve anything. Its still not too late...get those letters (modify to your personal situation) and get those DHS Form 7001 completed and mail them out soon. We need to act now, instead of just expressing our frustration on the forums...fight for yourself, no one will do it for you. If not, USCIS with the idiotic rules, will our petitions still pending even one year from today...for some or other reason.
    My sincere thanks to members who have already mailed the documents. Please leave a comment on this thread, so that we have an idea about how many people actually took the time to send it out.




    DDash
    07-20 02:38 PM
    I set it up for 50 USD reoccuring contributions.

    Cheers!




    hopefulgc
    09-11 05:06 PM
    I honestly think EB3 should be around beginning of 2004 or later
    and eb2 possibly mid 2005 or later.

    All the calculations point to that.

    visa bulletins suck donkey ass.

    totally meaningless without USCIS divulging backlog stats.




    I m in ...They really dont know what they are doing ...How hard is it to find pending applications in thier database ?

    Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help



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