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  • Keeme
    03-04 01:23 PM
    I too noticed soft LUD on 485s last week for me and my wife

    Thank you for posting it.

    Any one else with recent LUDs/RFEs on their pending I-485 ?




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  • laknar
    09-11 07:27 PM
    Cannot join the rally but contributed 100$. Go IV.
    Google Order #805244100043575




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  • chanduv23
    10-17 06:20 PM
    Folks - there is going to be some changes in the strategy here. I have discussed this issue with IV core and we will update the new strategy soon, until then you may continue to send the letters.

    Folks who are running the campaign - please keep this thread alive.

    nk2006, pdrecap and others who are active please make sure your profiles are upto date on IV and please join your state chapters.

    nk2006, pdrecap I will discuss with you offline on the next steps. I will send you a PM.




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  • sreenivas11
    08-02 03:43 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.


    Good NEWS



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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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  • 485_se_dukhi
    07-18 08:31 PM
    Done......

    $50 is approx the cost of two lunches (for two people) per month => we are going to eat out two fewer times each month.

    So, we eat healthier food and the IV fund grows. :)



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  • sg101
    02-15 01:25 PM
    sg101 :confused:
    Philly BEC Case # P-04322-0xxxx
    _______________________________________________
    45 Days Letter recieved on 03/22/05 & Replied on 03/25/05
    CA SWA PD : 07/25/2002
    SF DOL RD : 06/15/2003
    Cae type : RIR
    Status: Waiting for Labor approval.




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  • mirage
    03-13 06:02 PM
    Guys there was a talk that since they are increasing the Fees for AP/ EAD these documents will be valid for more than 1 year as in old fee system, is it just a dream or is it true ???

    What is the Validity duration of AP with New Fee



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  • harivenkat
    05-06 06:16 PM
    Called all senators some of them twice and talked to their staff
    asking to support highly skilled worker immigration atleast some piecemeal.. also explained them our plight ... 10yrs still no GC


    Everybody please call senators and make a difference




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  • ganguteli
    06-11 03:08 PM
    I keep reading we should fight for out rights and all. I am just curious
    where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
    And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.

    We are fighting against anti-immigrant idiots like you.
    Greencard is our right because we have been waiting long enough and paid a lot for it, and we will not just take greencard but also get our citizenship. After getting citizenship we will make our pro-immigrant senators win election and help defeat anti-immigrant Senators. We will contribute money in getting pro-immigrant lawmakers get elected. Got it ?
    We will also tackle idiot old good for nothing racist programmers like you and make sure you remain losers in life.



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  • jetflyer
    06-10 09:20 AM
    There is a chance of EB1 & EB2 ROW spillover :D

    US bulletin is out too:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html

    EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

    It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.

    EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.




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  • 9years
    11-16 08:10 AM
    Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.
    Thank you for sharing VayuMahesh. I hope I have to do the same. Can you please share, is there any form he has to fill while doing this or he has to write a letter.



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  • h1techSlave
    07-06 10:53 AM
    Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.

    In 1040, we have a checkbox to contribute $3 towards presidential election contribution. If I check that box while in H1B, is that illegal?

    Cheers,
    h1techSlave




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  • pcs
    07-05 10:11 AM
    I met the local office of my Congressman with the following documents to make it easy & simple..

    A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )

    A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.

    Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July

    Above was good enough to convince them regarding the mess & they promised action on their part..

    IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS

    NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION

    This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.

    I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date



    Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.

    Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony


    Since your butt is on fire like mine.... I do not think I need to convince you to act on this


    Best wishes



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  • santb1975
    07-15 10:21 AM
    Please keep track of $$ raised. It helps motivate ppl. to come forward


    I could keep track of that.




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  • Libra
    09-11 09:39 PM
    thank you waiting_gc and chiku_singhal for your contributions.



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  • franklin
    07-21 03:23 AM
    Defense bill is currently on hold. This amendment is for HR2669.
    Amendment Number: S.Amdt. 2339 to S.Amdt. 2327 to H.R. 2669 (College Cost Reduction Act of 2007 )

    H.R.2669
    Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.

    Sorry, I'm still confused, but it is entirely possible its my misunderstanding of American Senate and House of Representatives proceedings. How does a Senator add an amendment to a House of Representative bill?

    Are we talking about 240,000 greencards to recapture or 2,400,000?

    By the way - just because you make the letters huge and bold, it doesn't make it easier to comprehend.




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  • wa_Saiprasad
    07-20 08:32 PM
    I guess the person who created this thread didn't anything else to do on this world. I don't how did he/she come with number. What a waste of time.




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  • loudobbs
    09-10 09:25 AM
    meant to say not illegal immigrants....:o:o

    and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
    And we are not asking for Amnesty...

    There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???




    Libra
    09-15 08:34 PM
    Today whole day i was busy bcoz of ganesh chathurthi......hope fund threads are doing good and thank you dvrao4 for the contributions. please attend rally we need people like you. thanks.




    ajay
    04-30 08:59 AM
    I did call and left a voice message as suggested by Pappu.
    Hope for the best. Support IV as always.



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