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gctoget

07-13 01:11 PM

From November 2006 there have been 36 members interested in IV Sounthern CA chapter.
Please can someone update me on the Thursday 7:00 P.M meeting?
Also here is the list of members interested in the Socal chapter of IV.




1 Jimi_Hendrix
2 GCSOON-Ihope
3 eagerr2i
4 days_go_by
5 485Mbe4001
6 yogkc
7 tcsonly
8 willgetgc2005
9 MY_GC_DREAMS
10 payal_nag
11 genius
12 Not2Happy
13 thirumalkn
14 meetdebasish
15 GC Process
16 baleraosreedhar
17 caydee
18 rkotamurthy
19 hourglass
20 murali77
21 satishku_2000
22 acruix
23 imv116
24 santb1975
25 amaruns
26 IN2US
27 twinbrothers
28 kumhyd2
29 xstal
30 mashu
31 zoooom
32 tcsonly
33 drona
34 DCQC
35 jasmin45
36 gctoget

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ss_col

07-06 11:17 AM

Just a thought that there are other anti immigrant groups also visiting our website. We are frustrated and angry but all these comments that we are writing are also read by other people and will be used against us to make things harder. Also the general feeling is that American people dont really care or want to understand about GC. For them especially groups like NumberUSA etc want us out. So please stop feeding ideas into people's head without knowing facts. Assumptions are not facts.

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natrajs

08-08 09:48 PM

Finally Good News
Best Wishes and Good Luck

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Libra

09-11 09:39 PM

thank you waiting_gc and chiku_singhal for your contributions.

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leo2606

07-14 08:17 PM

I guess we need to bump until the Admins make it sticky.

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gc28262

08-23 10:01 AM

Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.

I agree.

Here is INA 203(2)A:
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.

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loudobbs

09-09 11:39 PM

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???

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Pokemon Black + White Starters

satishku_2000

07-05 03:25 PM

BharatPremin you in CA?

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GCBy3000

07-23 05:21 PM

What will happen to IV in next few months if every one gets GC? Will there be a Pappu / waldenpond / whoever? I am seeing today lots of people getting GC. I am happy for them.

Assume one day there are no backlogs and no country quota limit. What will be IVs agenda? I want to be active member of IV even after getting my GC helping the future immigrants. At least I say that now :)

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ilikekilo

07-20 05:57 PM

I dont understand why the democrats are hell bent on not helping the legal community and ofcourse sessions voted against us

what a shame!!1


u know what f&&& the dems...i thought when they come they will do something for us....obama never votes on issues like this....no desis should support him...in anyway..useless leaders

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ravise

12-10 04:30 PM

till now we have not seen such detailed explanation in visa bulliten. Some thing to be feel good about.

Regarding EB2 spillover; i think their main problem with quarterly spillover is to move both EB2I and EB2C to the same priority date. If the spillover quantity is so less.

From one of the privious pdf from USCS number of EB2I applicants between between 22JAN05 and 01MAY05 were nearly 4K. I don't think there can ever be 4000 splillovers to EB2 in a single quarter. Remember spillover from EB1 to EB2 can only happen during the year end and quarterly spillover only includes intra catogiry.

all personal analysis/openion.

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pappu

02-01 11:59 PM

could someone take the initiative of organizing conference calls.

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GotGC??

01-04 04:10 PM

Absolutely, and yours truly is also one of them ;)

But the point being, when IIT & IIM grads start staying back in the country, the culture will seep down eventually...a sign of things to come.


you are assuming that all Indians in the US are from IIT. there are lesser mortals too you know ......... :-))

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nk2006

10-21 03:32 PM

I am sending PMs to senior members of forum requesting to send emails. Started with "A" :)

Thank you for doing this.

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pankajkakkar

08-08 12:17 PM

Stuck for years
In the debate over illegal immigration, don't forget the many legal immigrants waiting for their turn.

by Pankaj Kakkar

Legislators in Congress are as divided over the issue of illegal immigration as Americans are. Opinions are strong, debate is passionate, and no end is in sight. Proponents of quick reform, from both sides of the divide, stress the urgency of the issue and the need for a solution soon. In this debate, however, the plight of legal immigrants is forgotten.

The path to legally acquiring US residency and eventual citizenship is long and unnecessarily complicated, yet many deserving immigrants attempt it every year. Legal immigrants are roughly divided into two categories - family based immigrants and employment based immigrants. These immigrants face years of waiting due to anachronistic laws, discriminatory quotas, onerous bureaucratic hurdles and paper files needlessly being pushed through the system. They also face mounting legal and other tangible and intangible costs. Through all this, they work hard, pay their taxes, and live upright, lawful lives. It is in the interest of the United States as a whole, and Americans individually, to expedite the immigration process for both employment based and family based immigrants.

The benefits are easier to see for employment based immigration. This category has attracted the best researchers and entrepreneurs of the world for the last half century. Immigrants from this category have started companies that employ hundreds of thousands of Americans (with some of these companies featured in the Fortune 500 list). Others have done research and invented technologies that have earned them the highest awards in their fields, such as the Nobel Prize. Even those who haven't been as successful have been an indispensable part of America's economic growth and progress, especially in technology, over the last half century. In my country of birth, India, the phenomenon of the best minds leaving for the US was called the "brain drain" - it isn't hard to see that India's "brain drain" is but America's "brain gain".

Family based immigrants also benefit the US, although in less economically tangible ways. The best minds of the world, immigrating to the US through the first category, would be most comfortable and most productive in an environment where they're close to their family. These family members themselves contribute to American society by being productive, law abiding, and patriotic citizens.

Typical legal immigrants have to wait 5-10 years, and some family based immigrants as long as 20-25 years, before they can even get a Green Card, after which another 5 year wait for acquiring citizenship ensues. These long waits have already persuaded several potential immigrants, many of whom could have been founders of Fortune 500 companies or Nobel Prize winners themselves, to go back to their countries of origin. Quite a few have also immigrated or are considering immigrating to countries where immigration laws are friendlier and less bureaucratic, such as Canada, Ireland and the U.K. While legal immigrants benefit the United States greatly, America does them, and herself, a disservice by making them suffer through an interminable immigration process and countless bureaucratic hurdles. America can and should do right by them.

Congressman Shadegg (R-AZ) has introduced a bill, called the SKIL (Securing Knowledge, Innovation and Leadership) Act, in the House of Representatives. This bill, which has 9 Republican co-sponsors, including Congressman Mike Pence (R-CO), a leader on the issue of immigration, will significantly ameliorate the wait times and hurdles that legal immigrants face, while also benefiting the American economy by making sure that the technology leaders of tomorrow innovate and invent in the United States, and not elsewhere in the world. A similar bill has already passed the Senate. The House should consider it soon, and pass it as well.
=================
Added by pappu
Published on oct 02, 2006
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239

http://news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f

news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f

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Pokemon Black Starters List

sparklinks

08-11 01:14 PM

As per the tracking no. given by my lawyer, my app also received at 7.55 AM on July 2nd, signed by R.Williams , but my check not cashed yet, no receipts yet, what a mess....

Mine also received at 7.55 AM on July 2nd, signed by R.Williams ... non of my checks cashed :confused:

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ilwaiting

04-25 12:50 PM

This was one one of John Kerry's Presidential campaign proposals. you saw what happened right. As the other member said it would be something very difficult to get pass by rule makers.

How about something like,

If a person has stayed in US for 10+ (or 7+years) years and has filed taxes(verified thourgh 1040s), he should be given GC. No questions asked(other than the ones the affect security of USA)

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lazycis

11-20 10:26 PM

I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!

Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument

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vkannan

02-23 01:42 PM

people,

i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?

--shark

Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......

One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??

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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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hariswaminathan

03-05 03:08 AM

I hate to be the one to throw cold water on this - i dont believe its anything worth writing home about - I dont believe its really "pre-adjudication" for something exciting looming but IOs finally reaching the backlog of cases which they are supposed to as normal course of action to varify all the information pertaining to each case is correct and issue RFEs for missing bits. Dont forget last year they were all diverted to GC2Citizen cases because of voting bank pressure and coupled with July 2007 filers there was a huge backlog of cases just left pending.

Generally Numbers dont lie (except Satyam) and I havent heard anything in Congress that may be remotely close to passing that may change the landscape for EB folks and therefore am guessing that they have not really been intimated on any urgent action to be done within next few months for something looming.

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