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  • n2b
    09-10 11:53 AM
    They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..

    My wife and I, we both have MS from US unversities....I think that's straight forward!!! But still waiting....:(




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  • anurakt
    12-18 02:32 PM
    # nycgal369, Senior Member like you coming up with this idea...hmmm..

    Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.

    First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?

    My point is not to discourage but just for a reality check

    I completely agree.....




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  • ychousa
    07-18 06:47 PM
    Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?

    Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?




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  • makemygc
    07-06 01:15 PM
    Today.. 12:00 EST:)

    SKD's next question should be, what was he wearing when you talked to him? Hope he was not in his sleepwear..just waking up from his beautiful dreams.:o



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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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  • mps
    07-11 11:13 AM
    Pause and take a moment to rejoice. Then turn all eyes to processing dates.

    TSC July 17 2007
    NSC July 28 2007

    That would mean July 2 filers EB2 are waiting only for visa number (assuming USCIS is processing cases strictly on RD basis) - wooooooooooooow.



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  • chisinau
    07-22 09:21 AM
    Hi Scedule A!

    I am RN from Moldova, waiting for DS230 approval since October 2006.
    Are there anyone in the same situation?
    It seems to me that no one care about nurses on this forum. So I decided to highlight the problem briefly.

    Why should nurses have their personal immigration schedule and different faster line?

    1 - The shortage of nurses is more severe then ever in the US history. The fact is confirmed by DOS, The American Hospital Asociation, and the Coalition to Improve Healthcare Staffing.
    2 - Existing mechanisms are not able to improve the situation, Vice versa, the situation is going to be vorce in the near future.
    3 - Healthcare is one of the most relevant aspects of national economy, because it affects all other spheres of the economy.
    4 - The preimmigration qualifining process for nurses is long, expensive, and complicated. Aproximately 2 - 3 years (CP or CES, NCLEX-RN, IELTS, or TOEFL+TSE) long, and $5000 - $7000 cost. If we add these 2-3 years to the period of immigration we will have outstanding 5 - 9 years of waiting! And we should bare in mind that this is the only way for nurses.
    5 - From the last 50000 visas for Schedule A only 17000 were used by nurses and PT, other were used by their spouses and children. So the actual number of nurses intered the US is realy small.

    The situation is critical!
    As far as I see the problem, the only choice for us is allocation of visa numbers(recaptured or new) directly for schedule A. All other options are not good enought either for nurses or for the US Healthcare, because now we are in EB3 and have to compete with other professionals in the respective category. So we have to wait for 4 -5 years to get our CG. And practicaly, as I mentioned above, the GC is the only option for nurses, because emploiers do not want to sponsor us for a non immigrant visas.

    Cornin recent ammendment was too good to became true! It was awful to read that it was defeated...

    Nurses, where are you?!
    Please, reply and share your opinions.




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  • hindu_king
    03-04 12:49 PM
    Just out of curiousity, did you or your mortgage broker fill out Form 1003 - Uniform Residential Loan Application (or a similar form)?

    https://www.efanniemae.com/sf/formsdocs/forms/pdf/sellingtrans/1003.pdf

    If so, what did you answer (since you must have signed the document) on page 4 of Section VIII. Declarations, questions (j) and (k) - are you a citizen or permanent resident?

    I dont recall signing this but I've to go back and check.



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  • garybanz
    12-26 05:28 PM
    Hi

    I'm wondering how many are still awaiting advanced parole? I am travelling in a months time, and do intend to go for H1 stamping but at the same time expecting my AP to come through before I leave. Whats up with this delay? Anyone else in the same situation? Please respond.

    Filed AP on Aug 13th, havent got it yet.




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  • qplearn
    12-18 05:46 PM
    what will be will be

    let's not lack in our efforts though

    there are two campaigns underway:

    add a member and
    contribute at least $20
    by Dec 31

    funds and members...are the key to our success
    please join us in both campaigns
    Thanks!
    It will help if we know exactly how much more money is demanded by our lobbyst. Obviously, the money goes primarily to them.



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  • vinabath
    07-20 03:43 PM
    Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.

    Again 'Chill out' dude. This has nothing to do with IV achievements. Please ignore this thread.




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  • learning01
    04-25 09:30 PM
    We are not changing laws, we are petitioning. We are educatiing the various sections of American society, lawmakers, fourth estate.
    We are asking for the rationale for collecting the Social Security Tax and Medicare, when you don't get its benefits. Pure and simple. You see, we are resident aliens NOT LPRs (Legal Permanent Residents a.k.a Green Card Holders).Benefits for which you are paying social security tax, you are not eligible while on H1. So, please don't use extreme words. When illegal aliens can demonstrate and influence law makers, what is wrong for legal aliends in writing to lawmakers, newspapers etc.
    If you are laid of, will you get unemployment benefits? Job retraining. No, You are out of status. So, is it incorrect to ask for this? I am not talking about Income Taxes. Go and look at my posts. I am a strong advocate of core IV goals.
    In this thread, instead of asking impractical PD dates, I suggested why don't we question the collection of SS and Medicare tax from H1 workers?
    This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.



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  • Green.Tech
    06-17 02:55 PM
    ..willing to contribute today?




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  • pappu
    11-28 10:36 AM
    Got legal immigration?

    .
    This is a great article. We will be making efforts to get it published. if somone can also write on the innvators (http://www.ocregister.com/ocregister/opinion/homepage/article_1366853.php) (If you doubt the contributions of foreign-born workers to our country, you simply need to look at the talent that has provided the United States with a high-technology edge. Sergey Brin, co-founder of Google, is Russian-born; Intel co-founder Andy Grove is from Hungary; Sabeer Bhatia, co-founder of Hotmail, is from India; Jerry Yang, originally from Taiwan, brought us Yahoo; Pierre Omidyar, founder of eBay, is from France; and Vinod Kholsa, co-founder of Sun Microsystems, is from India.) and how they helped America in the op-ed it will be another angle for us.

    The article can talk about the talent, innovation high skilled immigrants bring to this country and be more specific to the greencard process. The above mentioned URL is specific to H1B visa.



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  • chisinau
    07-23 01:26 AM
    I am not familiar with legal procedures for US graduates.
    Try this one: http://allnurses.com/forums/f75/ - it is the nursing forum, they might have relevant information for you.
    Hope you will find an emploier.




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  • mrdelhiite
    06-25 01:28 PM
    IV members have saved you a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing there personal paperwork and + lobbying.
    Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.

    Yes Amit you are 100 % right everyone esp I have to do that too ... i work with Aman in state and i see how much work you guys do.... just excuse me for a day or 2 i just have to get a H4 date and marrige done .. my would be is in India right now
    -M



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  • gcisadawg
    02-08 07:25 PM
    Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.


    Wow, there you go! How come it becomes 'stupid' when a girl spends husband's money to support her parents? Why shouldn't a husband send money to his parents from his earnings? The husband and wife can talk about it and based on circumstances take a decision.
    BUT if the girl takes for granted her rights to spend for her parents from husband's earnings, then it becomes an issue!




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  • ashutrip
    06-19 10:09 AM
    Also, please contact this person:

    Helen Parker
    Regional Administrator
    U.S. Department of Labor/ETA
    Atlanta Federal Center 61 Forsyth St. Rm. 6M12
    Atlanta,GA 30303
    Phone: (404) 562-2092
    Fax: (404) 562-2149

    Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
    i just called her she passed the buck to 404 893 0101




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  • amits
    07-18 02:05 PM
    Yesterday I contributed $500 one time.

    Today I have scheduled $50 per month as well.

    I agree with those who say IV should start taking a Membership Fee. Even a token amount of membership fee like $10 per month would make a huge difference.

    Core team, request you to please consider this suggestion very seriously.

    Thanks!




    addsf345
    12-04 05:40 PM
    addsf345, did you get the answers? if yes, please share. Thanks much.:)

    Well, find them below.

    1. Will this immediately cancel my EAD? if so, I may have to resign.
    EAD most likely doesn't get cancelled immediately. Find a post by 'lazycis' on this thread. Even if it gets, which is rare, one can still continue working on EAD. I know this sounds not right, but again search this thread. This is confirmed by few replies and ref links are provided to RG's website.

    2. If I continue working while filling for MTR, will it be illegal?
    again... look for links to RG's website for this. As per RG, this is considered as something 'beyong applicant's control' i.e. an applicant has nothing illegal, but CIS committed an error, so an applicant can not be punished for CIS error. My personal opinion is, it is always much safer if you have a good experienced immigration attorney on your side.

    3. How much it costs to go thru' MTR process? How long it takes?
    Most likely 60 - 90 days. Costs can vary, but it is not really really high.

    again, like most ppl say in their signature, I am not a lawyer. So take professional advice first.




    glus
    07-05 10:39 AM
    I sent them letters via certified mail on Tuesday!

    J



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