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  • Sunx_2004
    05-19 05:56 PM
    I think it is a good idea..Everyone should write to local Congressman/Women senator detailing the case and asking Why it is taking so much time to process the AOS.
    They will come back with standard answer like country quota etc..BUT
    This will create awareness among the lawmakers..


    I would say we should start with local congressional office. Every case whether it is resolved or not should be taken to the attention of local congressional office.
    If members volunteer to do this, we could distribute districts among ourselves and take care of each district's congressional office. In that way we could raise the awareness among the lawmakers. I do agree that not every office will be friendly to immigrants like my district's congressional office, but we have to try.





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  • Michael chertoff
    12-14 06:40 PM
    Dear Friends,

    What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.

    please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.

    MC





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  • kalinga_sena
    04-30 02:54 PM
    heavy traffic!!!





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  • vayumahesh
    01-10 11:36 AM
    Finally a happy ending to my green card journey. Received our cards on Saturday. Thank You IV and I wish all the best for everyone.



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  • sufferer
    02-07 10:06 AM
    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.





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  • geesee
    08-26 12:23 PM
    I have home loan with Standard Chartered. Got the variable interest loan from them in 2004. One thing I liked is I did not have to goto India for the loan processing!

    My brother sent related documents here in US and I signed, got few of those notarised and sent them back. It took about a month for the complete process.

    They do charge about Rs. 350 for prepayment though. Otherwise overall I am happy with the service they provided.



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  • amitjoey
    07-05 05:09 PM
    called CA senators, as I am outa state they said they are not entertaining outa state calls at this point...huh!!
    They only do this when call volume is high....Does this mean at least CAlif guys are calling..

    Go IV go@@

    Call your state senators, it is effective that way.





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  • knnmbd
    04-25 08:38 PM
    I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.

    1. Priority date should be date when the person enters the country.
    2. The person should have paid taxes consecutively for n years(n=3.4.5...)
    3. This should be applicable only for H1 and not for any other visa categories.

    If the above is not possible, then

    1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.

    I love the clause # 3 "This should be applicable only for H1 and not for any other visa categories".
    You probably are not aware but "big Indian consulting" firms are not the largest contributors to the U.S economy that this stand will fly. IT is being outsourced faster than a New York minute, so please don't live in a state of ignorance. When you say "This should be applicable only for H1 and not for any other visa categories", this will exclude PhD�s and post-docs and engineers who spend any where from 2 to 6 years on F1 visas before they even get to work on H1 visas. You probably are not aware but 40% of doctorate degrees are awarded to foreign nationals in the U.S and your proposed amendments would put "employees of big consulting firms" from India ahead all those folks I mentioned earlier. For some reason this is a very difficult concept to digest.



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  • brav
    07-19 09:42 AM
    Just contributed $100

    I think IV has done a lot in just 19 months and with the core team, who understands every issue (BEC, retrogression, namecheck, etc) and working diligently to bring a practical solution, should bring a sense of comfort to all of us that our prayers are answered in the form of IV.

    Google Order #831603791059224





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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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  • Xipe Totec
    04-25 11:21 AM
    This makes a lot of sense and so does the fact that GC wait times for EB immigrants be considered as part of citizenship waittime after 140 is appoved.



    I think that wait time should be counted from the PD, since it's really not my fault that my stupid LC is pending since 2002! So I don't see why someone waiting with I140 approved since, say 2004, should become a citizen faster then someone who only gets a change to file I140 in 2006. Not fair at all!
    Applying for the LC, I believe, is a sufficient proof that a person intends to stay in the country.





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  • willwin
    06-11 12:29 PM
    Bump...waiting for a HERO.

    Become one.



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  • niva
    09-10 03:10 PM
    My second $100 contribution towards the cause. IV! Keep up the great work.

    Google Order #876958642840461





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  • chi_shark
    03-02 05:24 PM
    well said and I concur!

    I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.

    During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.

    So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.

    If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.

    It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....



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  • guy03062
    03-15 08:54 AM
    The Executive Business Meeting scheduled by the Committee on the Judiciary, for Wednesday, March 15, 2006 at 9:00 a.m., will take place in Dirksen Room 226. The Mansfield Room, 207-The Capitol, has been reserved if necessary due to Senate votes.

    Source: http://judiciary.senate.gov/meeting_notice.cfm?id=1811

    Still the same. Does anyone know what time this is supposed to start?





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  • chennaigc
    04-01 08:00 PM
    paying customers.


    One word and it is golden word indeed!!!!



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    07-15 08:37 PM
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  • GCwaitforever
    04-02 11:49 AM
    I have not seen one single person getting so many red dots for playing a devils advocate and trying to defend USCIS. :D

    All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.

    You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.

    Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.





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  • ramus
    07-06 02:47 PM
    We should learn something from USCIS.. If they have worked hard for 48 hours on last weekend, we should work more this weekend and do whatever we can to help core members.
    __________________________________________________ ______________



    More important is the last 48 hrs where they processed 25000 cases
    AT-WILL.

    Ohh this guy has a good first name - 485 granted.
    Ohh this guy married twice,needs money - 485 granted.
    Ooh this girl doesnt look good - 485 denied.
    Ooh this girl has excellent looks - 485 granted.
    Ooh This couple stayed EUROPE not so loyal - 485 denied.

    and so on and so forth....





    jthomas
    01-05 11:17 PM
    I don't agree with you Gayatri.

    As per my experience, America does not have more educated skilled engineers. I have couple of friends who are MS holders and cannot fit with BE level engineers in India. I am talking about those guys who were born and grew up in the US. Secondly, most of the engineering companies have asians as engineering managers and directors. He had mentioned that most of the industries in silicon valley were started by immigrants from China and India. Do u want to count them as engineers from US?? They are the top engineers from the asian countries. So i don't buy his comments.

    So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.

    I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.

    What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.

    Lets not fool ourselves at least!! We need to learn to accept the truth.





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