Friday, June 10, 2011

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  • coopheal
    10-01 11:52 AM
    Yes we all are frustrated, but one thing we can do is contribute to IV. Let IV core have some resources in hand to implement strategies they have thought of for advancement of our cause.

    Contributed $100 for this month
    Google Order #552474927075339




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  • cheg
    07-23 08:21 PM
    Thanks for letting us know about your friends. At least we can see that USCIS is trying to clear 2004 applicants. They will be taking care of 2005 soon then. :D

    couple of my friends who had PD's 2004 feb and april
    EB3 india too got their I-485 approvals last week.




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  • vbkris77
    06-25 06:48 PM
    Reverse Brian Drain. I believe it is already been identified and some of the State governors wrote to Washington that they are observing a reverse brain drain and it is not good for the country.

    I just started my GC Process, But I kept a 5 Year time frame to try this out. That is my breaking point. I am sure everybody will have some or other breaking point. I don't think I want to browse IV website lifetime.

    We do need to fight and give a sincere try to achieve this before the whole thing breaks out. But if it breaks out, I am sure both ends lose. I lose an opportunity to enjoy American dream.

    Of course, America loses, jobs that I am indirectly creating. Taxes that I am paying. Social security. More than everything my experience.

    In all this, my home country gains. All my savings and experience will work for India. I think it is an opportunity loss for America.

    Imagine, 1M people, with an average saving of 20K per year with atleast 10 Years of compounding and then sending all this money to Home country to go back and settle there. It will create enough financial turbulence for any country.

    On the contrary, Imagine the other way, if they give say citizenship faster, All those Indian Savings, repatriate to America. All of a sudden, America will add lot of fortune to their GDP for free.




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  • billu
    08-24 10:21 PM
    i had put up the previous two posts on this page asking about relief for Schedule A professionals in 2008......time has passed by but nothing has changed.....no sight of any relief or any schedule A bill........missed the july 2007 fiasco due to employer insisting on 40 day cool off period........have been in US for 6 years......no sign of EB3 india being even close to Oct 2007 (my PD)........employer has refused to file EB2 point blank.......no other employer ready for EB2........spouse on h4 visa since oct. 2006......have lost all hope and just going through the motions......is there light at the end of tunnel???



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  • yestogc
    06-11 08:56 PM
    I am loving this post now ..................... mangoes ............. GC




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  • sanju_dba
    08-12 11:46 AM
    :eek:This will infact increase offshoring.

    These companies will pay the extra fees, but will change their onshore/offshore model. Will use less H1/L1 visas , but will increase the headcount of offshore operations.

    So the smart senator will force more jobs to be outsourced. These jobs will never comeback once gone. If we look back at the 2000 recession, it caused a major shift in the way US companies looked at outsourcing. Pre-2000 many companies didn't believe that all jobs could be outsourced. 2000 recession forced them to think otherwise.

    These kind of bills will cause a re-thinking in corporate america's thought process. They will think of creative ways to outsource. Against this senator's hopes, it will reduce jobs here.

    after outsourcing at its peak , then comes tag a fee for every outsourcing byte flowing via internet....



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  • hoolahoous
    09-13 07:48 PM
    here is the java code in case anyone wants to generate for different states..
    each URL gets 100 mediaids..
    i tried creating the file and attaching it but for some reason upload failed everytime. not sure why. So here you go...

    public class GenerateClass {

    public static void main(String[] args) {
    for (int j = 0; j < 65; j++) {

    int startNum = j * 100;

    StringBuffer sb = new StringBuffer();
    for (int i = startNum; i < startNum + 100 ; i++) {
    sb.append("&mediaid=").append(i);
    }
    System.out.println("http://capwiz.com/aila2/mail/compose/?type=ME&alertid=" + sb.toString());
    System.out.println("\n\n");


    }

    }

    }




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  • EkAurAaya
    07-11 03:32 PM
    They are talking about the EB-3 Other Worker category, NOT EB-3 India (one row below EB-3-I in the bulletin)
    If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
    the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html

    Oh - I got excited for nothing! Thanks for correcting me.

    So "Other workers" is also considered EB3? who falls in this category...?



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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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  • JazzByTheBay
    09-10 08:53 PM
    It doesn't hurt to dream... :)

    jazz

    Guys,

    Keep the cool. USCIS is very unpredictable as we all have seen. Get ready to see the dates move forward pretty quickly this year! There are more chances to have increased visa numbers and things can only go UP from here on.

    Watch the documentray "The Secret" and put your positive thoughts out there...



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  • bigboy007
    06-02 08:43 PM
    If the current law passes , god forbid it wont. It is indeed scary to many : Becoz its primarily becoz of all backlog processing centre Labors, H1 sixth year extensions etc. I dont know how the heck designed this draft and i am sure all those senators wouldnt havebeen aware of all these H1B , GC Employment based numbers some staffer would have done this .




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  • Canadian_Dream
    06-02 07:27 PM
    Effective date is next fiscal year or the one following it. If you read both the sections it cleary says that.
    (Read the word approved and an "or" preceding it).

    or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa.


    In my opinion this clearly means that if you have an approved I-140 before the effective date you should be ok. All pending I-140 on the effective date which is 15 months away are most likely have to refile. That leads to two scenarios:
    1. Approved I-140 with a pending I-485, these petitions will be elegible for immigrant visa whenever one is avialable, this is very clearly mentioned.
    2. Approved I-140 without I-485. No clear indication of how these cases will be treaed. They MIGHT have to refile as well.


    ============
    (d) EFFECTIVE DATE.—
    32
    33 (1) IN GENERAL.—Subject to paragraph (2), the amendments
    34 made by this section shall take effect on the first day of the
    35 fiscal year subsequent to the fiscal year of enactment, unless
    36 such date is less than 270 days after the date of enactment, in
    37 which case the amendments shall take effect on the first day of
    38 the following fiscal year.
    39
    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.—Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.
    9

    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?



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  • snathan
    08-12 11:51 AM
    This will infact increase offshoring.

    These companies will pay the extra fees, but will change their onshore/offshore model. Will use less H1/L1 visas , but will increase the headcount of offshore operations.

    So the smart senator will force more jobs to be outsourced. These jobs will never comeback once gone. If we look back at the 2000 recession, it caused a major shift in the way US companies looked at outsourcing. Pre-2000 many companies didn't believe that all jobs could be outsourced. 2000 recession forced them to think otherwise.

    These kind of bills will cause a re-thinking in corporate america's thought process. They will think of creative ways to outsource. Against this senator's hopes, it will reduce jobs here.

    Not true. Whatever they can outsource, its already gone. There are certain position where the clients demand onsite resource. I am not supporting this bill in anyway, I hate infy as much as I hate this bill. Remember these companies did not leave any stone unturned, milked the client every possible way and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.




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  • anantc
    09-03 10:56 AM
    Arrived in the US in Sep 1999
    Started the GC process in Apr 2003.
    Labor filed in Oct 2003
    Waiting... :D



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  • mirage
    08-17 01:20 PM
    Guys please send out these letters, It needs 20 minutes of your time & about $2 stamps. But it can really save us lot of time and anxiety, as, if it goes well with Rep. Zoe Lofgren or Senator Cornyn they can mandate USCIS to publish these statistics. Rep. Logfren has done this in the past(mandating USCIS & DOS) she may do it for us....

    -----

    To,

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072




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  • priti8888
    06-24 04:13 PM
    Think about this

    Only EB India /China /mexico/Philipines(ICMP) suffers the most for their GC's

    EB ROW do not worry about GC process as much as ICMP. Their wait is not more then 2-3 years.

    Its wrong to generalize that since ICMP's suffer , all other EB's suffer.

    Its totally baseless to generalize that since ICMP's dont invest , go back to home countries due to GC , everybody does.

    US does not gain from intelligent Indians only. There are PhD's and smart ppl from other countries as well.



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  • vindas
    09-02 02:56 PM
    Landed in US on 31st March 2002
    Applied Labor ( RIR) in Sept 2003 in EB3
    Got Labor approval in 2007
    Filed I-140 in premium and got the approval in 15 days.
    Filed I-485 in July 2007
    Invoked AC 21 and changed employer in 2009
    Got the 3rd EAD renewed
    Still waiting with new hope every year




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  • gchope07
    07-20 01:06 PM
    Well even if the amendment would have passed the chances that Bush would not veto it are very less since it had to do with troop withdrawal.




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  • gc_bulgaria
    01-05 10:53 PM
    Ok, so I saw the video. I am confused by his analogy and I am a scientist. Maybe it is the lack of data analysis and graphics he keeps referring to. He is not a great speaker. I stopped watching it midway.

    BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p

    Go figure!




    h14life
    03-18 01:00 AM
    Follow the link below and enter the questionnaire to see if you qualify or not:

    http://www.irs.gov/app/espc/

    FROM IRS SITE:
    The Economic Stimulus Act of 2008, which authorized the pre-payment of this one-time credit, stipulates that the payment is not to be made to any of the following:

    * Individuals who can be claimed as a dependent on someone else's tax return;
    * Nonresident aliens; or
    * Anyone who does not have a valid Social Security Number.

    If you become eligible during 2008, you may be able to claim the credit on your Tax Year 2008 return, but you will not receive the advance payment this year, since that is based on your 2007 return.

    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

    Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?




    chisinau
    07-22 11:44 PM
    OK!
    Where are you schedule A? Come on, join this forum, share your opinion and propositions!

    Do all agree that "bridge bill" is the only real helpful measure for us? Or you can show us some other ways?

    I mean let's set at least one goal!

    After that we can establish what we have, and how we can make it real.

    Anyway, it might be quite difficult to organise such a work group, because the majourity of schedule A are outside the US, and on CP... But we all have our emploiers and attorneis who could help us to lobby our interests in the US.

    What do you think about it?



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