Tuesday, June 14, 2011

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  • 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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  • leoindiano
    04-30 03:12 PM
    Stupid king doesnt understand the diff. between this limit and H1 limit.




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  • Nagireddi
    09-16 09:53 AM
    Dear friends,
    Unfortunately, I am not able to attend the rally. I have just found out that my cheques have been cashed. I am contributing another $100 once again.Google Order #373309135239869
    My sincere prayers to the god that our rally will be a huge success.Good luck for all of us.Keep sending us the photos,videos as the events are happening.
    I LOVE IV.:)

    Applied 140/485 concurrent on 8/6/07 to NSC-EB2




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  • axp817
    11-25 04:30 PM
    g 28 does produce soft LUds so it is normal.

    Sir,
    Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?

    Thanks,



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  • xyzgc
    02-09 09:49 PM
    My stand is based on the premise that a man is financially responsible for his wife and his kids and not to wife's parents! The point I was making is about a completely non working spouse. It is not about a wife that leaves workforce for medical reason temporarily.
    Let us not confuse the responsibility towards a man's wife and kids with that of in-laws!
    Using the same token, a man shouldn't expect/demand any property/cash from in-laws!
    I'm perfectly OK with humanitarian and need based help. What crosses the line, according to me, is that 'taking for granted' attitude!

    If the brother in OP's story is taking care of his parents, then this situation wouldn't have occurred. Look at it other way. If the man's parents are in need of money, it is better to ask the man instead of their son-in-law!

    A man taking a stand and be done with it has a better chance of saving a marriage than a man caving to the demand and building resentment. Hey, if a man is willing to please his in-laws in all possible ways, then who are we to stop him! Let him enjoy!!

    I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.

    An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
    On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
    And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
    You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.

    This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.




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  • pbojja
    09-11 04:21 PM
    We need to do some thing about it so that they dont repeat the same mistake again . Lets attach a message or real calculators along with flowers and start campign ..atleast we get the attention like we did in July 07

    I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...

    even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...

    Come on lets do some thing..



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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
    09-13 10:44 AM
    I believe that for Schedule A Professionals like nurses and PTs, the only solution is the bridge amendment to make it faster. They are now using EB3, which means competing against hundreds of thousands of Engineers. With the latest bulletin, it seems the wait is five to six years...wow! that was long! But I think that is not the true picture. By mid of the 2008 fiscal year, we will see the real picture so hang on. The wait could be in reality 3 years.



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  • geesee
    07-18 04:21 PM
    Made my first (small) contribution of $100 today !!
    Google order no. - 952531454379821

    Many thanks to all of IV members !!!




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  • gk_2000
    08-23 02:45 PM
    How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.

    It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
    You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!



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  • pappu
    08-28 10:56 AM
    since this last month has been one of the most frustrating in terms of any movement from any standpoint...thought i d write another op ed
    ==================================================
    Where is my Ellis Island?


    yabadaba
    IV member

    Thank you very much for your effort. IV team is working on getting op-eds published.




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  • Green.Tech
    06-05 12:42 PM
    Just reinstated my $50 monthly recurring contributions back :)

    Excellent! Thanks chanduv23...

    Keep'em coming folks...



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  • gc_on_demand
    04-30 01:49 PM
    30 Minutes to go !! :):):):):)




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  • bkarnik
    04-26 02:09 PM
    Knnmbd:

    I looked up the link http://judiciary.senate.gov/schedule.cfm and it indicates something else. However, there is a remote possibility that CIR might be discussed as one of the witness is congressman james Sensenbrenner who was the sponsor of the house bill. Lets keep fingers crossed:)



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  • lg72
    07-24 10:18 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.




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  • diptam
    08-05 11:04 AM
    lonedesi,
    I saw your post last night and have some changes in mind for the NSC letter. But right now I'm working on having the 7001 piece out from my employer - hope others are doing that as well.

    Thanks again for the initiative - Its always better to speak up about your pain rather than remaining silent.

    Thanks!
    Members, who were complaining about the slow processing of I-140's at TSC & NSC, now is the time to stand up and get counted. Please take the time to review the letter and then mail the DHS Form 7001 along with the letter to USCIS Ombudsman's office.
    Members who have already done so, please encourage others suffering from these delays to join this campaign to make it effective. Also, please post on this thread once you have mailed the letters, so that others get motivated to join.



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  • dhirajs98
    01-22 09:12 AM
    Received Date on my I-797 for my I-140 is 07/23/2007 and notice date is 08/20/07.

    My I-140 is pending in NSC since last July 07. I asked my lawyer's office to check the status. USCIS replied back saying the receipt date in their database is 08/20/07 and it will take long time as they received alot of applications in July 07. USCIS asked my lawyer's office to contact after 45 days.

    I thought they should process my I-140 based on the received date mentioned on I-797 but that is not true it seems.

    Any idea guys? Anyone faced this issue? Please suggest, is there anything I can do to ask USCIS to process my app based on receipt date?

    Also please share the phone number of NSC and sequence of keys to be pressed to reach to the customer service.

    Thanks,

    -D




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  • coopheal
    07-05 01:41 PM
    I contacted WI senators office and told about the visa bulletin changes.
    Also called WPR to highlight the injustice done to legal immigrants by changing the visa bulletin on the day USCIS was supposed accept the I-485.




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  • ItIsNotFunny
    10-22 09:42 AM
    Hey, tx for the PM, I sent the email, do we need to send a letter too?>

    I think emails are fine for now. We want to acknowledge them and trying to avoid embarassing them.




    chanduv23
    11-21 04:54 PM
    You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!

    Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer




    unseenguy
    02-08 05:24 AM
    You need to take control of your family. The problem is that you allowed your inlaws to take control of your family. Second problem is that at the time of delivery the girl probably wanted her parents to come to US but you probably called your parents and she didnt like this nor did her parents. But that does not mean her parents will emotionally blackmail her.

    1) You should tell your inlaws politely and candidly that they are interfering in your family and that needs to stop. Also communicate with your inlaws through your wife. Do not communicate with them directly. You did not marry them. They are no body to you, legally.

    2) Your wife is under immense stress due to baby and parental pressure to control her. Her parents are trying to control your family through her. This is not the time to talk about separation because she has a young baby and she needs you as much as you need your baby. So you have to tell your wife what your inlaws are doing is not acceptable and just be firm that you will not tolerate it if she wants to live with you. And let her choose between her parents and you. This will be hard but you have to show some mental toughness.

    3) When you got married , you started new family, you moved out of family of your parents. Though you dont have to break up with them, there may be some things that your parents do, that your wife does not like. You might think it is OK for your parents to advise or ask her to do things in certain fashion, but, it is NOT OK if she doesn't like it. She is a matured adult and can take care of her new family. So if you wish good of your parents, you have to "keep them at a safe distance." They should not interfere in your affairs.

    4) You both husband and wife, need to handle each others parents in a matured way without insulting them. Both of you cant change your biological parents, but you can handle them diplomatically without insulting.

    If this doesnt work, and you really want to separate, just tell your wife, that to allow things to cool down, you can live some place else for 3 months and assure her that you will take care of her and the baby. That will send a very clear message to your inlaws of the things to come. You just cant threaten to separate and run away.

    Last, I do not know again how you treat your wife and inlaws. I dont mean to judge but do you treat them right? Why are they so desperate in this situation? Also I do not know any money transactions you have with inlaws, but, I would say, its not a good idea to involve inlaws in any kind of money. You invite 50% problems there.

    Also I am confused, are you living in India or US?



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