Friday, June 24, 2011

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  • eastindia
    08-23 08:55 AM
    Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?

    Where is GCperm when you need one?




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  • sbindval
    09-11 02:09 PM
    here is some contribution towards the $30k...

    $100
    Order Details - 11 Sep 2007 14:26 GMT-04:00
    Google Order No.306637321632157




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  • Winner
    05-12 11:30 AM
    Called Senator Ensign and Hatch's office again.

    They both listened to what I had to say and assured that they will pass the message on to the Senators.

    One of the aides sounded surprised when I told her average wait time is at least 10+ years, please call senators in the list.




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  • GCVictim
    02-18 02:58 PM
    Looks like they doesn't want to move GC Dates. President has to give green signal to pass this. I don't know when will happen this.



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  • Mygr8life
    12-18 02:02 PM
    I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.

    Kondur...My gut says you are probably right that "they will apply spillover only in the last quarter" but the INA law says "quarterly...". So if "by law" if they are required to utilize the quarterly quota by Dec 2009, how many estimated #s are we talking? Is the estimated spillover visas couple of hundred or 1000 or 10,000-15,000???

    Can someone answer the following (I understand IV has crunched the numbers and have predicted dates, but it would also be helpful to see these translated into #s): Does anyone wanna take a shot at crunching the above #s?

    Between Oct2009 to Dec2009 (1st quarter):
    1. How many total employment visas (is it be 140,000/4) are available per quarter?
    2. How many total EB1+EB2Row pending applications?
    3. Now the big assumption, How many of these have been adjudicated or have been alloted a visa # or could potentially use a visa #? (gurus...make some assumption).
    4. So this current quarter how many visa #s are leftover for spillover to EB2-nonRow? (theortically should/could be or must be/allocated or "used up" by Dec2009, i.e. within the next 13 days)?

    So in plain english: The answer could be as simple as "This quarter, which ends on Dec31, 2009, there could be .... visas available for spillover".

    This might be unreasonable to expect but could be useful information...Whether spillover happens this quarter or not? thats a different story:confused:

    Thanks.




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  • evildead
    10-22 08:13 AM
    you could have sent a porting request letter along with the i140 application



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  • willwin
    07-11 11:13 AM
    Yeah I am EB3 India June 2003 too. Not sure when our turn will come, IF at all the way things are crawling here. Sometimes I really feel there is no justice to some of the IV members on here. I wonder which is worse, the corruption in India or the bureaucracy in the USA. Atleast in India, if I would have bribed the official, I would have had the documents by now.

    eb3_nepa!

    People here think EB3 deserves to be waiting (in the given scenario and only EB2 move forward). After all we are not EB2!

    2003? another 2-3 years easily. I am only 2005. So may be another 5 years for me. Well, what the heck




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  • dreamgc_real
    05-05 08:24 AM
    Called the Republican Senators in Tier 1 late yesterday evening.

    >Sen Brown: He is against amnesty, but will look at our proposals
    >Sen Gregg: Will review the draft
    >Sen Lugar: Has supported immigration bill before, will give the message
    >Sen. Ensign: Against amnesty, will pass message regarding our provisions
    >Sen. Graham: Left the message
    >Sen. Hatch: Left the message
    >Sen Enzi: Left message

    Offices closed, will call the rest today.



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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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  • GCard_Dream
    09-10 01:00 PM
    The discrepancy is due to the fact that you are looking at visa bulletin from 2 different month. The bulletin on State department's website is for September and the one on Mumbai consulate's website is supposed to be for October.

    Please help me understand this:

    The Dept. of State's web site has the visa bulletin for SEpt 2008 as:

    EB INDIA
    --------------------
    1st C
    2nd 01AUG06
    3rd U

    And the US Consulate's web site at Mumbai has:

    EB INDIA
    ------------
    E1 Current
    E2 1 April 2003


    So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?

    I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:



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  • imm_pro
    07-20 04:35 PM
    NUMBERS USA Analysis opposing this bill-

    http://www.numbersusa.com/PDFs/Cornyn-skil%20act%20_S.%201083_-summary%20chart.pdf




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  • franklin
    07-18 03:29 PM
    I just upgraded my monthly contribution too!



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  • JunRN
    09-28 01:37 PM
    It is not even considered yet and I don't think it will ever be considered. That amendment includes not only schedule A but also others and with proposal to increase the number as well.

    How could it pass if it's carrying heavy-baggage, it won't move!!!




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  • dpp
    07-20 01:30 PM
    Yes, you are right. It is from beginning of PERM.

    So, total number in PERM labors are 144K. Thats good, not many.

    So, so if we have 150K BEC cases also, it is 300K for primary and 600K-700K total for 485s.



    The report shows 144,000 between March 28, 2005 - June 1, 2007. This is not bad as we all are thinking

    Karthik



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  • gccube
    07-18 04:15 PM
    Assuming that the date is retrogressed from 'C' to 2000 Jan, they start accepting the AOS apps with that PD and then do we assume that they are also working on them or say they donot work on it until the receipt date becomes current.

    If the answer to the question above is 'NO' (that is the receipt date has to become current to adjudicate an AOS app, ofcourse PD has to be current too) then why is that USCIS accepting apps with a specified PD cut off date. In this case I am not looking at the people who are already in the room but am wondering why they are letting more people into the room, particularly when there is no room.

    If the answer to the question above it 'YES', that means PD does play a significant role in the AOS adjudication process when there is retrogression, in my opinion.




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  • ujjwal_p
    09-10 06:55 PM
    This will depend on two factors

    Demand from EB1 and EB2-ROW
    USCIS allocation strategy (Quarterly spillover or year end spillover)

    From historic data I have seen some 15-25k visa spillover to EB2/EB3 India-China, this number varies based on demand of various EB categories each year.

    With H-1B cap coming down in 2004 to 65000, demand should go down by a decent margin post 2004, since its the H-1B's which will lead up to the EB queue.

    By the way Sachug/vdlrao, do we know if this will be yearly or quarterly spillover. If it is year end, what does this mean? September or July(beginning of last quarter)? And I am sure there is documentation about this new horizontal spillover method from USCIS, but I can't seem to find it. Could someone point me to that. Thanks!



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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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  • hindu_king
    08-10 01:37 PM
    My application reached nebraska center on july 2nd at 9:01 am. no receipt number yet and checks not cashed yet. Is there a poll somewhere in these forums to see how many july 2 filers received receipt numbers?




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  • inspectorfox
    07-19 05:02 PM
    http://www.imminfo.com/resources/cissop.html

    Does anyone have the SOP for I-140?




    willigetgc?
    04-30 07:53 AM
    U.S. Senate: Senators Home (http://www.senate.gov/general/contact_information/senators_cfm.cfm)

    Senators list with phone, and web email can be found.




    Kodi
    06-24 01:04 AM
    As far as I know your country of origin doesn't matter under PERM. Correct me if I'm wrong.



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