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insbaby

07-06 01:02 AM

Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!

Not Volunteers but Leaders...

Volunteer is a person who takes responsibility and does a single task. Here the question was raised to have new leaders who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening.

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soda

08-12 09:46 AM

If I had my I-485 applications mailed on July 2nd and had it postmarked on July 2nd, but reached USCIS on July 3rd, according to USCIS, does that mean that my application was filed on July 2nd?

I'm asking this question again. Can someone please respond?

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eb3_nepa

07-14 01:10 PM

Done!

Thanks Johnnybhai.

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GCwaitforever

05-24 09:47 PM

RIR EB3 India
PD oct 28,2001
I haven't received 45 day letter yet. My lawyer faxed twice to find out the status but no reply from PBEC. Is there any way to find out the status?Anybody here whose case is pending from 2001.

Typically they send replies after a month or so. So please be patient and give a month or two. Then you should see some info regarding case status.

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satishku_2000

07-05 05:09 PM

Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.

Going to meet Congress Congresswoman Eshoo staff next week.


If you are not aware of campaign finance laws , get in touch with them and make em aware of the mistake you made and you should get your check back if you are not a citizen or PR.

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pd052009

08-13 08:06 AM

Does any one know about any fee increase for H1B(Extn) premium processing because of border security bill? I have seen the below in immigration-law site.
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The new filing fees will be a huge amount, especially when they decide to file a premium processing request.
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ajaysri

01-07 01:36 PM

I think the key is the person approving the loan needs to understand immigration to certain extent. Its important that we let the officer know up-front about our immigration status so that there are no assumptions and surprises.

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kumarr

12-26 02:19 PM

I just had my I-140 approved few days ago. I applied concurrently during July fiasco to NSC.
My online status says: Approval Notice Sent.

I guess that means my I140 is approved.

I am EB3 - India.

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gc_kaavaali

07-14 05:53 PM

Come on guys!!! please contribute for good cause.

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lvinaykumar

01-30 03:45 PM

Congratulation to 9years and Vayumahesh. Thank you both for documenting your journey. My EB2 perm was applied from the new company i have joined and it is approved this month. Hopefully i should be applying for I-140 next month.

I have applied my 485 in July 07 but i was not married at that time. I am married now and my my wife is on H1B. When should i add her or amend my I-485.

Thanks

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leoindiano

06-11 09:19 AM

i dont agree with you, These things are against the law.

1)
All we need is a recapture. Lets concentrate on the bills in congress and senate and get them passed. This needs very less effort than what you prescribed.
2) If 1 fails,
There is no descrimination as such, this is more of a outdated law and bureacratic delay caused wastage of numbers, lets fight it in legal system. Some asylum case won against wastage, why not ours? We have big numbers, If everyone can contribute, this will happen. Hire the same lawyer and am sure he/she wont charge more than what(if any) they charged to an asylum case....

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micofrost

07-06 01:38 PM

For sure DoS knew that something is wrong at USCIS end. Looks like they dint get along well on this one. So instead of saying that all the visa numbers has been used up, they said " all the entire 2007 numbers has been made available". Which means they know very well USCIS are still processing the cases, even after July 2nd.

Looks like, DOS trying to clean their hands and put the blame on USCIS.

This is what happened. Again my thoughts based on last fews days before the july 2nd.
USCIS was angered by DOS making it current for all categories. Every one knows there will be a minimum 100K apps flooding their gates. Imagine the revenue loss for them just bcoz of making it current b4 30th july. They expected DOS to make it current from Aug 1st instead of July 1st. Had the immigration bill passed, as promised by the GOVT., they would have stand to gain $4B in grants to secure the border. But the bill crashed on 27th of june. So what do they do to stop this loss of revenue from our application. They have to use of the entire fiscal 2007 quota in three days so that legally they can't accept more applications. Now that is legally correct. But they way they claimed all the visas within 4 days wasn't played by the rules and where the AILF stands chance to file a lawsuit against them.

Someone in the USCIS was hell bent upon forcing the DOS to make it unavailable for July. WHY ?

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unseenguy

02-09 06:17 PM

Yes, you are right! The Indian parent should have given their retirement a very high priority than their kids education. There are millions of middle class parents who didn't care about their retirement but worried and planned for their kids future by spending not only money but also precious time.


I am not sure, I think you are being sarcastic to my post. If someone's dad gets cancer, whats your advice? He should bring him to US to the best cancer hospital and spend life's saving on him? Personally I have been very fortunate. My parents took care of their retirements and financial affairs as well as my education. Very lucky indeed. Despite all this, I have told my parents that I would not be able to get treatment for them in US but would provide best possible one in India. Is this being ungrateful? No. Everyones life comes to an end.

I also said that if someones parents need financial support they should make it a very clear requirement at the time of arranging marriage. Like my maternal grandmother was bedridden due to medical condition for about 10-15 years. So when her son got married, it was a precondition that she will be part of the family and that the daughter in law will have to adjust and support her. One girl (my aunt ) accepted it, and lived happily with it as her duty. So it all depends. Different people different experiences.

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rsdang

04-30 10:41 AM

TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS

http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html

http://judiciary.house.gov/oversight.aspx?ID=435
some movement - hope it results in progress... Keeping the fingers crossed...

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Ramba

10-01 05:37 PM

I think there will not much visa numbers unused. If at all, it may be in few hundreds. We are thinking our point of view, even wasting one visa number is ridiculus based on number peoples are waiting. However, the INA states that every year "not more than 140,000 EB visas should be issued".It sets only upper limit not the lower limit. Therefore DOS has be more vigilant in not exceding 140K. By doing so, there may be a few wastage of numbers. If they issue 120K instead of 140K, it is not the violation of law. Insted if they issue 141K it is vialotion of law.

However, if the wastage is more than few hundreds it is definitly not acceptable.

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manugee

09-10 03:07 PM

I meant to say next tuesday. Though I'm still trying to adjust my plans...

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lonedesi

08-04 04:13 PM

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.

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Lollerskater

05-08 01:32 PM

Love your attitude. Basically it is "I got the stimulus so tough luck if you didn't."

Second thing. Nobody has posted in this thread for days. However, by making a comment, all you did was bump it to the top of the discussion. If you don't like this thread, why are you bumping it?

I took the time to read over your posts and understand your case. You sir, have a very valid case and a good point to make. The OP's intentions however, are CLEARLY far different from yours. By reading the thread title in the topic view, the information is extremely misleading. These are two seperate cases, sir.

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k2006

06-01 04:46 PM

I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.

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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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diptam

08-10 01:52 PM

I talk in USCIS standards. They mentioned in last weekly report that they are compliant till 7/1/2007 but actually that was 6/29/2007.

Nothing happens in weekend - so i mentioned Aug 12th as Today's date :D

What are you smoking?? Its Aug 10 today..

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