Tuesday, June 14, 2011

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  • h1techSlave
    09-13 11:35 AM
    Could you please provide some more information regarding this porting from EB3 to EB2?

    Hi All,

    My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.

    Thank you.




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  • ss1026
    05-31 02:10 PM
    Did get solved by Andrew Wiles in in the mid-nineties. To read about the history and drama behind this theorem, I suggest reading 'Fermat's Enigma' by Simon Singh. So I guess if that can be solved, PBEC could find a way out for all of us.




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  • black_logs
    03-09 12:40 PM
    Yeah that's the million dollar question, schedule A workers allready have 50K qouta, but that kicks off only after the regular EB3 numbers becomes unavailable, so they first use the regular EB3 number. Now they might have kept the status qou on that rule(first use regular EB-3 quota) and then instead of giving a fixed 50K quota they may use as many numbers after that. So basically what I'm saying is for non schedule A workers this amendment may not mean any thing.
    It's a pessimistic view, but that's how immigration system have been in past 3-4 years.

    Guys a little confused.

    How does removing the cap from Schedule A, benefit the rest of us?




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  • QuestGC
    01-06 08:30 AM
    A small but important correction in the above quote. Indian education is not a gift of the Brits. As a matter of fact history of eduction in India dates back to its cultural heritage. Nalanda university is considered to be the worlds first university. Correct me if I am wrong.

    Yes. Nalanda Univerisyt is one of the oldest. If you consider the 80% of education system we follow, they are all gifted by brts.
    Ex: English... the way we speak and use the language is like brit.

    Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.



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  • knnmbd
    04-25 08:58 PM
    Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.

    Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
    Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
    This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
    These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.

    This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.




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  • danu2007
    07-18 09:54 PM
    Joined in the month of July and contributed $100 and will sign up recurring one.



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  • ritu_raj
    09-11 12:12 PM
    just contributed $100... See you in DC
    Order Details - Sep 11, 2007 12:30 PM EDT
    Google Order #905213785290798




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  • nlssubbu
    07-24 06:05 PM
    this is a 2004 EB3 approval! This is the first one I am seeing from 2004. So looks like they have really cleaned the pipes here, and things should be better going forward.

    The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.

    Eagerly awaiting 2 USCIS stats:
    1. per-country per-category EB approvals in 2007
    2. number of 485 applications received by August 17th

    Per country quota is not applicable based on AC21 rule when it is current for every one. This is what happened due to the July visa bulletin fiasco. As they are honouring that bulletin, they are also forced to approve across all country



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  • JunRN
    09-28 09:08 PM
    When I was a kid in school the teacher solved the bottleneck (of him/her doing the correction of tests) by having the students mark each others tests.

    I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)

    More than willing as well...lol! You know what to do, ei and don't give me RFE.....you can interview me but soon after give me GC....




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  • GoGreen
    08-11 10:13 AM
    How many of us contribute to IV in terms of time, $ etc.
    and how many are some free riders?



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  • qasleuth
    03-12 08:05 PM
    ok...I am trying really hard to understand what you are trying to convey. What is your concern ? People will stop visiting IV and go to other websites ?
    No need to be over-dramatic (did not read any one calling you a traitor). People talk about going back to their home countries too (but I actually see a small fraction of people actually doing it).

    I am not sure you understand the concept of an organization offering 'services' to its members. X man hours to produce ? what are you talking about ?
    My friend it is not just 'information'. Information is money. All you are talking about is 'forums/discussion boards'. I have mentioned this before as well. IV is more than a discussion board and you can make no comparison to other tracker websites.

    Here is some additional info about non-profit orgs. You SHOULD read about non-profit orgs in the below link:

    http://en.wikipedia.org/wiki/Non-profit



    So your definition of support is 'monetary support' only?

    I am sorry for being so critical, but then someone has to.
    If the idea of monetary only threads is to affirm the show of support, than am i a traitor to the greater good of retrogressed non-immigrants? This is not the right way to go.

    Donors here on this very thread have already started talking about people spilling over to sites like and also if members might float other immigration websites.

    why are we doing this? Why are we creating differences?
    What is the Donor only thread? is it a commodity, that took 'x' man hours to produce, that you are charging money for it?

    It is information. period. and as every hour passes, more organisations are providing or striving to provide information free of cost.

    Also, what are we discussing in these threads, that we have to be paid members to view it?

    Have you even thought about this legally?
    Usually, a non-for-proft org has a fund raiser or a money raiser drive or event.
    How are you even justifying asking for money to view threads, which is nothing but information that you do not own and have not worked to get it.

    Believe me, this is walking on a very thin line.




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  • makemygc
    07-06 05:39 PM
    I dont see anything about the law suit on OH site.

    Clear you cache by hitting CTRL + F5



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  • Kodi
    06-04 01:09 PM
    Thanks Pappu. What kind of hurdles do u think?




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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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  • LuckyPaji
    07-24 05:42 AM
    I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.

    I applied for PERM in Sep 2006 - EB3 - India.
    I got approved for PERM in Mar 2007.

    I applied for I-140 and I-485 concurrently in Jun 2007.
    I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.

    Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.

    Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).

    So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)




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  • mpadapa
    08-13 05:18 PM
    This the time to unite rather than giving up.
    Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.


    Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.

    Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.

    Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.



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  • Green.Tech
    06-20 03:19 PM
    Please contribute.




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  • pappu
    07-18 11:59 AM
    IV action alert $50 per month recurring contribution drive.

    Dear IV members,
    IV has had its first big success this year and we should all be proud of what we can all do. We worked hard and left no stone unturned to get this relief for our members. During the last few days there has been some movement on the National Defense Authorization Act and work on DREAM and SKIL provisions. While we were fully focused on the 485 relief, we did not lose sight of the developments. We have built a positive momentum and have been getting positive signals from key lawmakers. It is now upto us how we can seize the opportunity and focus on the lobbying efforts on legislative front. After seeing the overwhelming support of our members we are also encouraged to move ahead with full steam and explore the possibility of our provisions in the upcoming legislative activities. We also need to explore any other future movement on legislative front. Please join us in this struggle by signing up for $50 or more per month recurring contributions. This minimum amount is important for us to accomplish the kind of results we all desire. The failure of CIR and the political climate against immigration are making the task difficult but not impossible.

    Monthly $50 sign ups will enable us to have a better idea on the funds for the coming months and we can plan our efforts better.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    Thanks again for your continued support.

    IV team

    P.S. After our success with the visa bulletin, our opponents, other organizations and people in DC know that IV has arrived. Congrats everyone.
    =========================

    " Kapoor says he has spent about $64,000 of his own money in the last 19 months, largely on travel to and from Washington."

    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=top+news_top+news+index _businessweek+exclusives

    ========================
    Message from Pappu:

    Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.




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  • kalyan
    09-12 01:32 PM
    count me .I cant come out of my Place till Oct 7'th.

    If you want me in Some Rally, i will be there. I am'nt anonymous.

    Looks like USCIS needs people who can do Math, SQL Developers, Business Process analysts

    Lets help them out who in turn can help us

    Lets volunteer to work with USCIS in any form or shape they need , like digging the records, streamlining data or any other matter.




    rajuram
    12-18 04:55 PM
    so rajaram, what do you suggest? any updates on action in Jan?

    I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.

    To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.




    gcisadawg
    09-15 03:25 PM
    There are people that used
    1> Labor substitution
    2> Worked in LC backlogged state like CA, NY, TX etc but filed in fast moving states like Maine, NH etc..
    3> Applied in EB2 when their job requirements wasn't really EB2.
    4> Made up five years of experience so as to apply for EB2.
    5> Packaged NIIT diploma et al as masters..

    Then there are others Who applied in EB2 because they had a masters or genuine experience AND their job demanded EB2. Also people, irrespective of their categories, toiled at BECs.

    I would be a bit skeptical about folks that filed EB2 thru a body-shopper or a consulting company. It doesnt mean that EB3s are holier-than-thou and hasnt resorted to fraud.

    My point is, the whole system is biased against people who follow the rules.
    Unless you play the system ( using the points mentioned above), you have to wait and wait and wait..

    At this point, its hard to find out who belonged to the former category and who belonged to the later. Do you think people would come forward and accept?

    -Peace
    G



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