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vxg

09-10 11:55 AM

One thing for sure USCIS do likes April fools day a lot as this the date they usually pick when the retrogress. This proves that a fool named DOS in love with April fools day.:)
I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:

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485Mbe4001

08-15 11:50 AM

True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.

We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.

What are your thoughts?


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

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ramus

07-06 01:03 PM

More then 1300 users online now.. As always guests are more then members..
Can guests become member now and help us with action items.

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desi485

03-17 07:26 PM

Which part says that you are not eligible? Please elaborate.

both husband-wife should have SSN.

what about july filers. Most have received SSN for H4 by now.

those who already filed using ITIN might be at loss.

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muni_k

06-10 11:10 AM

snhn
what is a DWI?thanks.

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H1Girl

03-31 12:54 PM

Do not think about inabilities of USCIS or it's management. I strongly believe that they do this intentionally. This will help US Citizens in general by reducing unemployment and at the same time grabbing Tax from us...

They want our tax and we want to stay in their country. USA is best known for this kind of strategies...

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willigetgc?

04-30 01:52 PM

TIER I: LIST OF KEY SENATORS FOR CIR


Senator Scott Brown (R-Massachusetts)
(202) 224-4543

Senator Judd Gregg (R-New Hampshire)
(202) 224-3324

Senator Richard Lugar (R-Indiana)
(202) 224-4814

Senator Michael Enzi (R-Wyoming)
(202) 224-3424

Senator Lindsey Graham (R-South Carolina)
(202) 224-5972

Senator John Ensign (R-Nevada)
(202) 224-6244

Senator Orin Hatch (R-Utah)
(202) 224-5251

Senator John Cornyn (R-Texas)
(202) 224-2934

Senator John Kyl (R-Arizona)
(202) 224-4521

Senator Mitch Mcconnell (R-Kentuky)
(202) 224-2541

Senator Amy Klobuchar (D-Minnesota)
(202) 224-3244

Senator Claire McCaskill (D-Missouri)
(202) 224-6154

Senator Jon Tester (D-Montana)
(202) 224-2644

Senator Jim Webb (D-Virginia)
(202) 224-4024

Senator Sheldon Whitehouse (D-Rhode Island)
(202) 224-2921


TIER II: LIST OF KEY SENATORS SPONSORING OR CO-SPONSORING CIR BILL

Senate Majority Leader Harry Reid (Nevada)
(202) 224-3542

Senator Dick Durbin (Illinois)
(202) 224-2152

Senator Chuck Schumer (New York)
(202) 224-6542

Senator Patrick Leahy (Vermont)
(202) 224-4242

Senator Dianne Feinstein (California)
(202) 224-3841

Senator Bob Menendez (New Jersey)
(202) 224-4744

Sen. Ben Cardin (Maryland)
(202) 224-4524


All the numbers listed by Pappu are correct, and no changes need to be made.

I called both sets of Senators, and gave our stand on this immigration reform issue to each Sen. office, and here is the feedback from them:

Sen Brown: Will review the bill and will let his position known in a weeks time.
Sen Gregg: He has no position currently
Sen Lugar: Since the bill has no language yet, he would like to wait before he gives an opinion. He has previously supported immigration reform. He is continuing to meet with Sen. Schumer
Sen. Enzi: Does not support amnesty and he will let us know what his position on high skilled immigrant provisions in a week
Sen. Graham: Left message
Sen. Ensign: Has no comments, asked for NV address
Sen. Hatch: Staff read the press release regarding yesterday's framework, which states that this is partisan politics, and border enforcement has to be done first. Told him our position and asked for support
Sen. Cornyn: Could not leave message as there was high volume. will call back again. However, the message said that local offices need to be contacted.
Sen. Kyl: Has also released a press statement, did not read it, asked me to check it on the senators webpage. Took my opinion though.
Sen. McConnell: He just wanted our comments and the sen himself did not have any comment regarding immigration.
Sen. Klobucher: Has not fully reviewed what was in the frame work, took our opinion on the matter, and the staff asked for the zipcode irrespective of where you were from.
Sen. McCaskill: Their office has no opinion on the bill. She is in general support of legal immigrants. However, she wanted to see how things progress in the senate.
Sen. Tester: He opposes amnesty. took our opinion but did not want to take a stand on high skilled immigrants issue
Sen. Webb: left a message
Sen. Whitehouse: has not reviewed the framework. took my opinion.

Called Sens. Reid, Durbin, Schumer, Leahy, Feinstein, Menendez and Cardin's offices and thanked them for their support and leadership.

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gctest

09-14 02:40 PM

Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.

Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.

Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".

I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.

Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.

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gcfriend65

01-06 12:10 PM

I totally agree with Prof. Wadwha, No-H1B and only EB legislation. Increasing H-1 B strikes same emotional poison in minds of Americans as foreigners taking
local jobs and those jobs not going to the 'Sons of the Soil'.

IV should only concentrate on EB legislation. Any steps towards H-1B will nullify all struggles towards EB.

I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.

Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.

I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.

Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY

Gayatri

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ca_gc

12-27 08:17 PM

My case is not yet approved, I Filed on Aug 01 st, Vermont Service Center.

Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.

If you are not coming back on H1, then why are you going for stamping?

I think , if your I-485 is approved while you are out of US, then you are not supposed to enter on H1. Till that time, you can use AP to enter US, if you prefer.

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gk_2000

08-23 10:31 AM

They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO

Envy, jealousy, and crab mentality will be our nemesis. If you think it's easy to get into eb1 then why waste your time? At least this category gives some incentive to progress in life. Why rock this boat?

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mirage

08-03 11:45 PM

Pani,
Thanks for Drafting this letter. I would add Rep. Zoe Logfren(Chairwoman of the immigartion subcommittee in the house & Senator John Cornyn Chairman of the immigartion subcommittee in the Senate) officials usually respond when things are addressed to Lawmakers too..
Guys please send out this letter.

I will appreciate if you could add these 2 in your 'Copy to' section...

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



Thanks

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gccube

07-19 02:29 AM

I personally believe that PD is more significant than the RD but it makes sense to me that RD may take precedence if the PD is current (as suggested by some members of the forum).

But if we think that at all times RD is the order they process them what would happen in this scenario

1. A guy with 2001 PD filed later and was 750,000 th guy in the queue of AOS applications.

2. After accepting all the apps USCIS retrogressed the dates to 2002 Jan. That means that USCIS is asking for AOS apps which satisfy this PD. That means that a visa no is available as of that date for adjudication so the first new application received(after they are retrogressed) will be 750,001 th application.

3. If RD is the only processing order at all times then 750,001th application will not be sent to an officer for review until all other 750,000 th applications with a better RD are processed.

4. Assuming that this takes 3 years (for example) then they are accepting an application today which they are not going to even look at in the next three years and this is not making sense to me.

5. If they are accepting the 750,001 th application because that application qualifies for a visa no then that should be processed before the other applications(barring for special cases FBi name check issues, RFEs etc). This means PD comes into picture when there is retrogression. So then they have to apply the same rule for the I-485 applications which are pending with them. They some how have to order them on the PD and I assume this should not be rocket science for them as that data is part of our AOS applications.


Thanks everyone for your inputs.

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dval_dpal

12-11 07:26 AM

I got my loan approved in April 2010 from Wells Fargo, the under writer created some problems but my loan officer gave them references of prior loans getting approved for people on AOS so it worked out well in the end. I know a lot of people who's loans were approved (both conventional and FHA) and were on AOS. All the best hope everything works out well for you.


i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).

could anybody please tell me what to do now?

thank you:(

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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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sonyyy

06-25 10:40 AM

I agree.
Uncertainty hurts but eventually, almost everybody will get what they want in this case.
Plus, think about it this way, without this current, you won't be able to file your 485 anyway till next year.

Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..

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prouddesi

09-28 08:21 PM

I am going to take this news when it is confirmed to my local congressmen to make my point even clearer henceforth!!! They never learn..do they? I am left speechless...

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Kodi

06-25 11:51 AM

Got approved just now. Labor filed EB3 on 23rd Feb Govt job. Thinsg are moving ... Best of luck to all !!!

-M

That's great. Congrats to you and good luck to all of us.

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Milind123

09-13 04:14 PM

I'm ready to fill the sixth slot . I have contributed to rally before and i will match Milind's next contibution.

Thank you Bala. Guys this is the best opportunity. Where else will you get a 50% return on your money? This is the time not to hesitate, but to pull the trigger. When you contribute 3 more people will follow and after that the last two shots are guaranteed.

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imh1b

09-01 07:03 AM

Let us see who is waiting for most time in USA.

5 years and counting.

If you can tell your history of Greencard and any tip on applying early would appreciate.

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Ram_C

10-01 05:09 PM

Let us wait for the statement from USCIS

are they going to release one at all?

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