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  • gc_on_demand
    12-11 05:06 PM
    Administration may not want to add that right now. I had poll long back to find out many of us are interested into it . Only few replied , with limited resources we cannot achieve any thing.

    IV core had same and similar job , AC21 on agenda for this year's agenda. FOIA was small side project at that time.

    Now coming to main point ... We see so many news that CIR is coming in early 2010. Administration may not want to add pre registration at that time when CIR passes and all dates become C for 2- 3 years. Then this pre registration will not help as long as you have labor approved. Whole admin fix is based on rule making process and that takes near to 6 months. Also new forms and new memo to all CIS dis offices. Way too for CIS my friend. They can be only on track with new process after year.

    If we could have done that last year then it might be helpful. Even I recently did some research and found that Pre registration process that those lawyers talks to attract us is for H1B. CIS wants to implement for H1B and then try out for other non immi worker category and then for Green card applicants. I bet you we will get GC by then.

    So we can contribute to IV and have IV to work on our stuff. Removal of country cap , STEM , Recapture etc.. That should easy line for all of us ( EB2 and EB3 )




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  • skynet2500
    12-10 04:06 PM
    When am I going to get my gift card? I predicted it right. :)




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  • chantu
    07-11 11:44 AM
    I have one question?

    I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.

    Can somebody please answer?




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  • amitga
    02-26 04:08 PM
    Hopefully this center would be processing 485 backlogs with the same rate by end of this year.



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  • atlfp
    06-02 06:31 PM
    The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.

    So people who didn't get their 140 through before the president signs the bill would be screwed?

    You are not really screwed if (a big if) somehow you get a chance to file for I-485.
    PS: I am not supporting the bill and I hate it as much as you do.




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  • GCAmigo
    08-02 03:44 PM
    I have talked to a representative and he very patiently explained me about the mess.
    He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.

    He mentioned that they are working hard to meet this deadline.
    Hope this clears the anxiety.


    DELUGE!



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  • Keeme
    08-14 05:05 PM
    guys i think USCIS is not interested in giving EB 3 guys GC...

    as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...

    EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...

    I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....

    I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
    so gud luck to all of us

    I don't agree with it and hope not ! As latest Visa bulleting states - DOS people had predicted and planned - They will move EB3 dates forward to cover all June applicants - that means moving cut-off dates for EB3 - India to Jun 2003 as per Jun 2007 bulletin. For some reason - they see heavey demand now and it may not be the case in next bulletin. Still they beleive its diffcult to predict any dates for EB3 before mid Sept. They are working and intention are there to help EB3 applicants. That leads to make me believe that dates for EB3 - India would move to somewhere Nov-Dec 2002 to Jan-Feb 2003 in next bulletin.




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  • singhsa3
    09-12 01:50 PM
    These are all good thoughts but what u are suggesting takes some time.
    The issue has two legs:
    Leg 1: Process fix
    Leg 2: Increasing number of greencards

    What I am talking about is leg 1 and what you are talking about is for leg 2
    and both are required.

    Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.



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  • diptam
    08-07 02:35 PM
    Now anyone can put their name in the check and encash it. If the USCIS agent is kind enough he/she would put DHS and then send for encashing...

    Didn't your friend go through a Lawyer ?

    one of my friends 485 check is signed and mentioned correct amount($395) but he is not written anything where he has suppossed to write department of home land security.

    what are the chaces of his 485 get accepted.?




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  • tikka
    07-05 01:34 PM
    I just used the letter above (slightly edited) to email senators Bennett and Hatch from Utah.

    Today I made my first $100.00 contribution to IV. Go IV!


    for your contribution :)



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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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  • gcsim
    06-10 07:02 AM
    yeah just checked....EB3 'U' and EB2 1 April 2004 :-( more waiting ......nothing like last July.God help us.



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  • chanduv23
    07-18 04:03 PM
    Strong funding means strong lobbying for our causes. Please help for this cause.

    Contribute for a good cause.




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  • hebbar77
    09-10 06:42 PM
    28.6% of 7% of 140,000 per quarter is 700 not 2450.

    I greatly appreciate people doing visa number math. But guys, you are wasting your time. These guys dont do any math nor logic in the process.



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  • GayatriS
    01-05 08:22 PM
    I don't think there are contradictions. I have read his Businessweek articles. He is researching ways for America to remain competetive and believes that skilled immigrants who get permanent residence are the key.

    Listen to the last minute of the video and you will see what his message is.




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  • sirinme
    07-21 03:42 PM
    I just upgraded my monthly contribution to $50.



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  • indio0617
    03-09 11:35 AM
    Has Any Senetor Brought An Amendment To Reinstate Ac21 Provison To Eliminate Country Quota(10%), If Demand Of Visas Is Less Than Supply? The Orignial Spector Markup Deleted This Provision From The Ina. This Is A Big Blow To Oversbuscribing Countries, Unless The Current Markup Is Modified Thro An Amendment.

    Is There Any Update From Iv Core Members On This Issue?


    No. Nothing on that. They are not done with the discussions yet and have more titles to discuss. They only finished title 2..

    OK ... guys.... Bye..




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  • paskal
    07-22 07:44 PM
    I am glad to see sked A here. I have been following this forum for a long time now and there is nothing for healthcare prof though the discussions were very helpful. As I can see it, the july VB put benefits on those going through AOS but as a result those whom I know who are scheduled for interview in their home countries in AUg. was cancelled.


    august was always going to be unavailable, come what may...
    The AOS reversal did not change availability of visa numbers.
    this whole thing needs a more permanent solution




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  • baleraosreedhar
    06-24 11:03 AM
    I would like to add some points where America is loosing

    1) Less number of students are willing to come to USA as they are not seeing any future due to H1 lottery system and they have to wait for one year to apply in the 20K category as they getting rjections in applie din april as they will be graduating in june timeframe.Students are not getting jobs as there are very few companies ready to sponser them.So a long time career settlement options for students is diminishing here in USA as they cannot get GC in 2-3 year timeframe and lot of companies are not interested in wasting their resources on H1 and then applying GC for prospective students.So all these student with bright ideas are looking elsewhere like australia,germany,Uk for their education and reasearch and residency.So american is loosing their future research scientists to other countries.


    2) Career Advancement :

    Lot of H1bs converted to EAD are facing these issues, they are not able to plan for their future properly as they are not sure when they will get their GC and the moves they are making now is it acceptable to USCIS, will the next job fall into the same category as Labour or USCIS will accept the career advancment theory.So they are in jeopardy weather to take a new job and take chance or stick on to the old job.As due to this issue even though he may be dreaming of biggest technological breakthrough/Biggest supply chain enhancement/ reveloutionaly marketing spin off , he will not dare to realize his dream as he himself is not sure of his position here in US, which in turn might have helped thousands of people gaining employment and in turn helping economy.So this constant issue of settlement may force the propective employer to leave his brilliant idea and move back to his home country.

    3) Peer pressure:
    As GC applicants are not able cherish their dream in the applicable timeframe they are constantly exposed to peer pressure to look out for other avenues for their career growth and settlement.




    Libra
    07-06 10:26 AM
    First of all i want to say is nixstor cool down, you dont have to use bad words to say anything, even though you spell wrong people can read it right.

    The whole name check system itself not working properly, everybody knows it, there are criminals who got clearance and there are innocents stuck for years, so its a chance to make FBI think about their system.


    Shyt! This is what I call shooting in one's own foot. C mon, Fcuk it up so bad that we will dig a big hole that we won't ever come out again. Please read my other post and think for a minute before you do this again and again

    Diptam & Saim,

    Please change these security lapses thing. You might be hurting yourselves in the long run. If You are thinking that this is not a big issue in DOS/USCIS, You are mistaken. This is a hot button issue in both agencies. Focus on quality of life issues and other losses incurred. Do not play with security. Its going to come back and hurt us. Please Go ahead and change these security lapse crap.




    go_guy123
    09-01 10:44 AM
    Landed on H1b in 1998, still stuck in the muck

    EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.



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