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  • kumar1
    03-12 05:03 PM
    Received an email from CRIS yesterday. They have issued a FRE on my I-485. I can not think of anything. My immigration history is clean, no status issues, ever. I remember submitting all the docs during July fiasco. I am waiting for the actual RFE letter to arrive.

    Only good part is - there is someone "OUT THERE" who looked at my file.




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  • masouds
    09-10 03:10 PM
    Remember this is the October VB...so thisis waht is in store for teh next Fiscal year..Oct 08 to Sept 09....so be ready for another year of drudgery....

    I'd wait for the official bulletin and their forecast for the next few months before becoming really upset. I have bad stomach as it is. No need to get upset unless absolutely necessary.
    YMMV.




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  • checklaw
    08-02 08:18 PM
    Hello gurus,

    I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.

    I know someone replied appropriately but here is something more to chew on...
    http://immigrationvoice.org/forum/showpost.php?p=138625&postcount=171




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  • SkilledWorker4GC
    07-15 10:42 AM
    Login to your bank account (This is for BoA)
    Go to Bill Pay>>Payees>>Add a Payee

    You will see two options
    1)Pay a company
    2) Pay an Individual

    Click the GO button next to Pay an Individual (without entering any information)

    In the next page

    You will see a small form
    Payee- is the name- in whose favor the check will be made
    Nickname is for your reference
    In Identifying information- you can put your handle
    Rest is obvious

    Payee creation is one time setup

    Once you have created a payee
    Go to Bill Pay>>Overview
    and here you will see an option to make a payment
    Can anyone shed some light on this... I want to know how to pay thru BOA bill pay option.


    Thanks.



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  • chantu
    07-11 11:27 AM
    I have one question?

    I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.




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  • tabletpc
    09-10 02:33 PM
    How is that DOL website does not have this information...???



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  • vxb2004
    08-17 11:03 PM
    Congrats!




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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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  • mrjonie
    01-04 09:32 AM
    yes, try calling the 1800 number and go to the address change, there you will be able to talk to the IO and they will ask you what issue you have (they will not ask for address change)..you can explain your scenario to him/her.

    they will collect your information and send a request to the corresponding SC to process faster...




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  • mirage
    08-04 05:20 PM
    When you get the letter ready we'll send it again. It doesn't hurt to send them the letters 100 times.
    I believe in 1 thing.... Is the media(in this case letter) imparting the message ? If the answer is 'Yes', we are done!!!!
    Trust me my friend, spellings commas and fullstops doesn't matter...If you need to send out a message send it ASAP...
    mirage, I am not trying to turn down this effort. In Fact, I have sent at least 50 letters as part of IV campaigns and I have written so many on my own. All I was saying that we need a professional letter that will have better impact. Once we have the letter ready, I will be the first one to send it out.



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  • ssk1127
    08-23 06:16 PM
    Also forgot to mention the article says "certain" - See highlighted below the title so I am sure Advacned degree wil lnot come under this based on the definition you find in the above articale

    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)




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  • sareesh
    07-16 12:44 PM
    Mailed check yesterday.

    Thanks,
    SG.



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  • usirit
    09-16 04:28 PM
    I am an H1B holder.... my wife holds an H4. Her DL expired and it has been impossible to get her a renewal. On our last discussion it was brought to our attention that their could be a discrepancy between DHS data (my wife's birthday) even it shows correct in all documents printed by them and the Indiana's BMV database. Meanwhile she is holding 'Temporarily Driving Permits' (piece of paper) that expires every 30 days....
    Any thoughts...




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  • jonty_11
    01-21 12:01 PM
    AabTuAgaGC and hopefullegalimmigrant Could you advise what date USCIS received your application for Advance Parole? Thanks

    Guys, I dont see how it matters....every case is treated differently as we all know..so why bother wasting time on such questions... Instead please concentrate on the IV led efforts.. LETTERS CAMPAIGN.....

    Please look at the bigger picture, with this being an election year, plus a recession looming large on our heads, we need to get our act together and push for reform.



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  • singhsa3
    09-12 02:23 PM
    Looks like backward clock is the most popular idea so far.
    Now,
    There are two scenarios someone suggested to me in the office:
    Scenario 1: Send these indiviudually (one per person).
    Scenario 2: Send collectively a set of 10 backward clocks, with a greivance/protest letter , where as 10 represents month of October and signed by IV.




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  • chanduv23
    06-10 10:48 AM
    Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.

    Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.

    There are reasons we MUST NOT do anything like that. Lobbying works on the long run. These days lawmmakers are more informed about the situation and it is just a matter of time.

    Do not lose hope - we will succeed.

    Please convince your friends and coworkers to make phone calls and visits to law makers offices.



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  • gcformeornot
    12-10 03:59 PM
    DOS/USCIS has nothing else to do.... they are also joining our PREDICTION games......:D:D:D:D:D:D




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  • jetflyer
    12-15 11:34 AM
    On a serious note: Our situation is not comparable with Independence War, we will not die if we don’t have GC, we all are doing Well/Good/Okay but our lives could be lot better if we have GC by NOW, not X years from now, we need it NOW. But seems to be we have made compromise with the situation and one way or other we are floating with our lives. Initiatives like Hunger Strike may not work well but some sort of Flower Campaign/similar initiatives may work well. Monthly donation seems to be upsetting because they can’t tie it straight with outcomes, its hard to keep people on the hook for long, everybody is expecting it to happen sooner and Lobbying works slowly, it’s the reality.
    my2cents,
    J.F.
    (2000-2007 H1B, 2007-Now EAD)




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  • bestofall
    07-15 03:25 PM
    Here is my pledge.
    If $2000 is reached today, i will send another $50 today.
    (Fyi, i've already sent$50 yesterday)

    Satya

    Satyasai ,

    You are the STAR ,
    Iam sure every one will get motivated by you :)

    Thanks
    Bestofall




    bgp
    07-15 01:10 AM
    Just posted $25.




    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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