Thursday, June 16, 2011

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  • imm_pro
    09-11 04:32 PM
    wow..what a novel and legal way to humiliate...yes i am in




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  • dpp
    10-11 09:00 PM
    We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.

    The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.

    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.

    http://www.incnow.com/incorporating.shtml

    http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html



    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.




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  • digital2k
    08-08 09:43 PM
    *




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  • forgerator
    12-10 05:06 PM
    I am with you Almond. After waiting for 12 long years in USA and 8 long years for a GC, the tunnel is still dark.

    Same here. Been in the States since 1998. They should give honorary GCs just for completing 10 legal years of being in this country. :mad:



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  • chocolate
    06-05 09:04 AM
    If this bill pass without our provisions in it lot of us will be doomed!!
    If the bill passes then obviously they have to look into people who are stuck in labor in BECs right. Look at the labor substitution elimination rule it will go into effect from July 15 and its still 1 1/2 months. Also it gives relief to people who havent applied next stages although labor approved and whose labor is to approve.




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  • NKR
    04-02 07:24 PM
    Well said. I also wonder how that fellow has 4 greens. Funny forum. No fairness.

    How do you rate a post?. How do you give a green/red?.



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  • a2006
    07-06 03:00 AM
    [QUOTE=ronhira;462888]lahiribaba - you are my hero. this is the best idea yaar :D[/QUOTE
    good thought
    Why don't you start an initiative and "be the change that you want to see" before blaming others and calling for change. We have seen endless talk in these forums which is probably the easiest thing to do.:mad:




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  • hpandey
    03-04 03:52 PM
    1. Did you pay for points?
    2. When did you lock?
    3. Who is your lender?

    I didn't pay any points. I locked in two weeks back and closed this week. Lender is a local bank in Mass.



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  • mbawa2574
    07-06 01:33 AM
    IV will become ready for elections when we have real candidates with real faces. I request all real candidates to publish their photos and accomplishments, their ideas for the organization; so that we can choose the best person for the job.

    Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!

    Pictures and videos will come out if we as an organization are ready/serious to hold elections. Otherwise this is not going anywhere. Everytime someone questions the stratergy and leadership, blaming back members for inaction is the standard excuse. Let's stop whining and do something. We are being funded and we have a great member base. Leadership and stratergy is the only deficiency.




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  • coopheal
    12-24 04:01 PM
    Lets revive the campaign to remove country limits.

    It is hurting EB immigrants from India and China and still people are unwilling to make this an important issue. We have not seen any employer take this up as an issue. However if you see country cap being added to the amnesty bill, the entire lobby of these people will make noise and will not let this happen. So let us stop giving arguments like diversity etc to ourselves because that really is not an argument across the board. So if country cap is an important issue for Indians and Chinese, they need to lobby hard against it. This has not really happened. Instead we get caught up in action items for small things that the community really wants. Imagine if the country caps are removed, the dates will move much faster. There needs to be strong support from the community if country caps were to be removed in CIR next year.



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  • walking_dude
    07-06 12:44 AM
    Have you visited the offices of US Congressmen in DC, and tried to explain our issue to Senators and Congressmen? Yes, I have. I was asked the same question in each and every office - "If half-a-million people are impacted by the backlogs, how come only 3-4 people (idiots like me) visit us with this complaint. Why aren't we visited by our other constituents? Why don't your members even write letters to us?".

    This is THE REASON why the movement has not made much headway.

    It is always an option for any one with in their org, but if his point is wrong, then IV core leadership should prove him that they are not sitting idle or moving very very slow.

    Every one starting their own organization or asking to do so doesn't solve the purpose.




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  • ilikekilo
    07-20 05:57 PM
    I dont understand why the democrats are hell bent on not helping the legal community and ofcourse sessions voted against us

    what a shame!!1


    u know what f&&& the dems...i thought when they come they will do something for us....obama never votes on issues like this....no desis should support him...in anyway..useless leaders



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  • kshitijnt
    04-30 03:59 PM
    Aytes basically gave a message, if you legislate we will slow it down through administration.

    He doesnt want to be bothered.




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  • 485Mbe4001
    08-18 12:23 PM
    you can modify the letter posted by mirage to include your details. i had updated it to the following.

    I understand that the visa allotment process is constrained by the laws passed by the Congress, USCIS should also understand that applicants from retrogressed countries that have spent significant years of their careers waiting without any indication or guidelines as to when their dates will be current. I am sure everyone will understand the futility of waiting in a line where your position keeps increasing or decreasing every month with no end in sight.
    It will help us make concrete long term decisions if you could provide the following information for the retrogressed countries.

    -- number of pending EB1, EB 3 and EB 2 AOS cases per year for retrogressed countries from 1999-2008.
    -- number of unallocated EB visas from 1996-2007



    I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.



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  • Milind123
    09-14 09:27 PM
    After reading the thread, couldn't wait to start. Just made my first contribution of $100
    Order Details - Sep 14, 2007 9:26 PM EDT
    Google Order #259932445197419

    Let's go to DC..Chak De


    Thank you karan. It was getting lonely here. Should I assume this is your first contribution?




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  • lazycis
    11-20 10:26 PM
    I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!

    Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
    See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument



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  • aadimanav
    06-10 11:28 PM
    Source:
    http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html

    AILA just published the following information that they received from the Visa Office:


    Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China!

    Cite as "AILA InfoNet Doc. No. 09061032 (posted Jun. 10, 2009)"

    Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 � months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:

    * The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.

    * The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.

    * The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.

    * The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.

    * The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.

    * EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.

    * EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.

    * EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.

    * EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 � months of FY2009, and a lot could change between now and early September when October dates are established.

    * There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.

    * There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)

    * There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.

    * Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.




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  • trueguy
    08-14 10:50 PM
    actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact

    I agree. Nobody wants to talk about EB3-I, not even core IV.




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  • Green.Tech
    06-10 08:39 PM
    ..on top!




    greenisgood
    12-11 03:58 PM
    We all are in the same boat. I hate doing the same things that I am doing since last 9 years.... Need to move on ... Hey but wait.. your PD is not current..! Duh..

    Willing to contribute big time if IV can make this part of its agenda.




    newbee7
    07-05 12:16 PM
    We must try to aviod the I485/ EAD language though.



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