blackberry 8520 blue

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gk_2000

08-23 10:31 AM

They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO

Envy, jealousy, and crab mentality will be our nemesis. If you think it's easy to get into eb1 then why waste your time? At least this category gives some incentive to progress in life. Why rock this boat?

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Blackberry 8520 8530 lue

diptam

08-13 02:09 PM

lonedesi,
Any word this ?

As i posted earlier i've scheduled a teleconference today morning with my HR Head and wanted complete explanation why they aren't releasing 7001. The general HR staff didn't release 7001 for last 8 days.

The HR Head is more diplomatic guy - he said i'll sign and give you 7001 immediately but if any problem happens because of challenging USCIS via Ombudsman , he doesn't know. Basically he is resorting to "Scare Tactics" or the "Fear Mongering" that we saw in the Billary's 3 AM ad of political campaign.

How what do i do Lonedesi - Shall i go ahead and ask him for 7001 and tell him that i don't care because this is a absolutely legal and right step to question USCIS if they are not following FIFO ??

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to Product Details. Nice

jonty_11

07-05 05:06 PM

called CA senators, as I am outa state they said they are not entertaining outa state calls at this point...huh!!
They only do this when call volume is high....Does this mean at least CAlif guys are calling..

Go IV go@@

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willwin

10-01 04:34 PM

This might work, except that the law would have to be changed he other way also.

If they allow you to apply for 485, the law says that you have the right to EAD and AP which will make it then too cumbersome for CIS to handle.

That is why when you apply for Consular Processing, your approved Visa petition(140) remains on NVC(National Visa Center) and you do not get any fringe benefit until your PD is current.

Andy,

CP does not have interim benefits but the papers (Form 230) does not stay at NVC. They process Form 230, approve it, update DOS about the approval and send them to respective consulates. My paper is in Chennai Consulate for the last 2 months (and may be several years in future).

I have a question to the experts here.

If 485 applications cannot be approved because of big queue in 485, name check, general USCIS delay in processing 485, why not issue VISA numbers to cases pending in consulates (which would be 1% of 485 queue) which are already approved and just awaiting VISA numbers. I know that CP and 485 share the same pool but that just sounds ridiculous knowing that thousands of numbers wasted despite that would very well take care of ALL applications pending at Consulates.

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snathan

02-13 10:42 PM

Well. Your parents and in laws may not need your money. But defintely IV needs it. So contribute at

http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000



I will. Thanks for rounding up.



Whats the meaning of this...

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lackberry 8520 blue. Blackberry 8520 Phone(Blue; Blackberry 8520 Phone(Blue. Josias. Nov 16, 04:35 PM. So annoying newbs just spamming threads

uma001

05-05 02:55 PM

Are you guys calling during work hours?
Are you guys calling from cell phone?

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Blackberry 8520 8530 CURVE

gc_chahiye

07-20 06:37 PM

July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.

Well it's done. Happy now?

I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.

And now the massive backlog is the result.

You can't have your cake and eat it too.

No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.

I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.

Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.

It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.

One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.

Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.

thats one way to look at it. The other way to see this is that:

- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.

-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.

- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.

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Macaca

09-14 06:38 PM

Immigration vote sinks H-1B visa deal (http://immigrationvoice.org/forum/showpost.php?p=94517&postcount=567) Collapse of Senate bill derails tech's bid for more foreigners ByTom Abate (tabate@sfchronicle.com) | Chronicle Staff Writer, June 30, 2007
VISA PLAN ANGERS SILICON VALLEY (http://immigrationvoice.org/forum/showpost.php?p=78888&postcount=136) Immigration bill would limit employers' choice of workers By Carolyn Lochhead (clochhead@sfchronicle.com) | Chronicle Washington Bureau, June 7, 2007

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jonty_11

01-21 12:01 PM

AabTuAgaGC and hopefullegalimmigrant Could you advise what date USCIS received your application for Advance Parole? Thanks

Guys, I dont see how it matters....every case is treated differently as we all know..so why bother wasting time on such questions... Instead please concentrate on the IV led efforts.. LETTERS CAMPAIGN.....

Please look at the bigger picture, with this being an election year, plus a recession looming large on our heads, we need to get our act together and push for reform.

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for Blackberry 8520 - Blue

unseenguy

06-11 07:56 PM

I am happy for following things in life:

1) I still have a job, or atleast pay.
2) I have an EAD, those in PERM, 140, do not have that option.
3) I am better placed than those seeking immigration as brothers and sisters of US citizens :-d or as married children of US citizens.

I am not happy about:

1) Don't have the plastic that says, I can stay on even if I don't have a job.
2) Those from other countries getting "lottery" visa instead of hard work.

Who said "hard work" pays off? It just takes LUCK in life for things to fall in place. From tomorrow, I am just going to buy lottery and do NO work.

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javadeveloper

07-18 04:35 PM

This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
$50 monthly is minimum. In any case, is $50 a big amount? for such a cause?

Is this discussed already , I am not aware , because I am just following this site since a week.

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BlackBerry Curve 8520/30

vinabath

07-20 01:14 PM

I can see how it will affect many people's (including mine) spouses job prospects.

Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
"an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"

or does it say

"6 months after filing 485, the employee can switch"

thanks

To use AC21 ( to change employer) no need for EAD.

You can do it on H-1.

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gc28262

03-06 05:44 PM

.................................................. ....................
.................................................. .................................................. .......

Also, current Economy may force them to use larger number of FB visas for EBs for next few years.
.................................................. .....

Could you explain this point. Why would lesser number of FB visas be issued in a bad economy ?

Does economy state has any relation to FB visas ?


For pre-adjudication, visa availability or the chances of PD becoming current is not necessary. They can pre-adjudicate based on receipt date.

My guess:
Probably they are processing all employment based applications right away so that they can prepare for CIR 2009. I guess Obama will take CIR this year itself as he has a very high approval rating and lot of goodwill now.

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lackberry 8520 blue. Curve 8520/8530(Blue); Curve 8520/8530(Blue). saunders45. Sep 8, 09:48 AM. Um, am I missing something here?

khukubindu

01-18 06:24 PM

Hi,

USCIS online status showed that my Approved AP was mailed on Jan 8, 2008. Looking that I bought ticket for travel on January 29, 2008 but untill today I or my attorney did not get the approval letter yet. I am under very mental pressure whether I will get it by Jan 29 or not. If I have to change my travel plan there will be huge cost involved as I have to change four tickets.

Do any of gurus have any idea what should I do ? My attorney is not helping me. In my area (Washington) no infopass appointment available before Jan 29. Do you think walk in into the local office will help me even if I dont have any appintment ?

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lackberry 8520 blue. Blackberry 8520 Blue; Blackberry 8520 Blue. Consultant. Apr 15, 04:34 PM. Let#39;s see, Google#39;s open wasteland is undesirable.

Green.Tech

06-02 10:55 AM

Don't let the visa bulletins work you every month, every year, year after year....Support IV to make the visa bulletins work for you...

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belmontboy

09-07 07:50 PM

Came in Aug 1997...
Been on H1b since then...
No EAD.
Stuck in this process... seems forever now ....
PD of Jun 02 in EB3...

why didn't u file 485 in july 2007?

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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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JunRN

09-28 07:23 PM

They are working overtime for it, hopefully 24 hours as well. This is my fear even before this announcement that visa numbers be wasted again.

Maybe we can volunteer to adjudicate each of our own case...lol!

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BlackBerry Curve 8520 Blue

pappu

09-01 09:17 AM

Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.

We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.

Now it is your opportunity to deliver.

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saimrathi

07-06 11:08 AM

I like your analogy...

I agree with you 100%.

The material damages to would-be July filers are a travesty. That is undeniable and deserves, at the minimum, material compensation.

But making the bulletins current in the first place, instead of a making a measured movement in the priority dates was like trying to fill a glass of water with a firehose. Broken glass and severe water damage were sure to follow.

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gclabor07

05-22 12:15 PM

I just sent a check of $100 via online bill payment to IV. I've also set up recurring contribution checks of $25 every month beginning June. I strongly believe in IV's cause and hope that many folks will come forward. This is the time to act to help ourselves, otherwise we'll be left behind. Keep up the good work.

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