Sunday, June 26, 2011

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  • nursekm
    10-03 11:47 PM
    Jun - r u from PIC country??

    I do not believe the 800,000 figure for I-485 alone. It could be a misquote from Aytes. The 800,000 is possibly combination of all immigration related applications such as I-140, 485, 131, 765, etc.

    Even during last year when EBs are current, it didn't reach that many applications. I believe Matthew OH is more accurate in saying there's a total of 320,000 I-485 applications.

    With that figure, average 2.5 years waiting is in order. But that should not be distributed equally among all countries due to per country limit. I would guess, for India and China, it would be 3 years wait, and for the rest, 2 years.




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  • dpp
    07-06 01:27 PM
    Nebraska Service Center
    USCIS expects to provide in time-compliance for receipting of form types listed below:
    Data Entry:
    Compliant BY
    I-131 EB 8/1/2007
    I-140 EB 8/1/2007
    I-485 8/1/2007
    N-400 8/1/2007
    All other forms are currently in time-compliance.

    http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.

    So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.




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  • tinamatthew
    07-21 05:44 PM
    Hi Tina,

    Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.

    I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.

    Any input would be greatly helpful.

    Hi GC

    Are you EB2/EB3?
    Did your previous employer put up the notice for 10 business days?
    Are you willing to relocate if you don't find a sponsor in NY. Time is not on our side if you are EB3.
    Even if you found an employer who is willing to sponsor you now, you still have the problem of the 40 day poster.

    Let me know.




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  • YesGC_NoGC
    02-12 12:11 PM
    PD Dec 2004 from DBEC



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  • ameryki
    01-20 08:44 PM
    But I don't have 4 weeks. I have to travel on january 29th.
    Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.


    I am not a lawyer...but I have read in threads here that people have had their friends or family mail them the AP approval prior to coming back and had no problems getting in. I think this will be your best option.




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  • vjkypally
    09-10 03:50 PM
    Completely Agree with you. Rather have some process than none.People in the forum are talking a lot about visa recapture..

    But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....

    Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.

    Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(

    even with recapture
    - the visa numbers are not unlimited
    - the processing power of USCIS is not unlimited

    But
    - The capability of USCIS to screw up at every opportunity seems to be unlimited
    - And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)

    So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.



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  • bharani
    09-11 04:41 PM
    Count me in




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  • santb1975
    05-23 11:53 AM
    I remember you. You have made a 50$ one time contribution and signed up for 50$ monthly recurring contribution. Am I correct?. Your name has been counted once in the one time contribution pool and once in the recurring contributions pool

    Actually I paid $100 and not $50. It was two $50 on the same day.



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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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  • Administrator2
    04-30 02:19 PM
    Cornyn Open to Working on Immigration Reform - Roll Call (http://www.rollcall.com/news/45730-1.html)

    We need to get more, but obviously a good beginning.

    This is just in. Thanks for posting Leo07.

    Please Please Please call Cornyn office right now.



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  • rdehar
    06-04 01:39 PM
    One one hand you have folks who are getting labor approvals from BECs just now and have not filed I-140s.

    On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.

    Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?




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  • delax
    07-20 01:32 PM
    Guys,
    The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!


    A Total I-485 Applicants: 750000 Applicants
    B Each EAD processing time: 5 Minutes
    C Total processing hrs: 62500 Hours
    (Calculations: AxB/60)
    D Daily productive Hours: 5 Hours
    (It is a government body!)
    E Total Man Days (Business Days): 12500 Man Days
    (Calculations: C/D)
    F EAD Workforce: 30 People
    G Total Business Days: 417 Days
    (Calculations: E/F)
    H Average Business Days in a month: 21 Days
    I Total Clearing Time : 20 Months
    (Calculations: G/I)

    Here's my estimate regarding the expected I-485 filings for July 2007 based on the approved LC petition data provided by DOL. See link below (Thanks ! DreamGC)

    http://spreadsheets.google.com/pub?key=pPp-1fPOWrpRSbOSVaat9ew

    LC Approvals (Expected 485 filings in July 2007)

    2007: 50000(50000) Estimated since data unavailabe
    2006: 79782 (79782)
    2005: 6133 (6133)
    2004: 43582 (34866) 80% will file in July, 20% filed earlier
    2003: 62912 (31456) 50% will file in July. The rest filed earlier.
    2002: 79784 (Nil) Since more than 95% would have filed 485 earlier.

    I am ignoring anything before 2002.

    If you add up the numbers in parentheses the total is 202,236 - primary applicants. Assuming an average family size of 2 gives us 404,472 give or take 10%

    I would say 80% of the 400k people may apply for EAD - that still makes it 320k EADs - the others may not want EAD right away or could be kids less than 14 years old.



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  • H1B-GC
    02-07 09:25 AM
    sorry to hear your situation 007! hope things work out for you in time. You could also consider heading home and having someone mail it to you once its received. just an option not sure what your situation is as far how far from approval etc etc

    A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.




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  • MDix
    03-03 11:09 AM
    Not much movement.

    EB2-I : 15 August 2004
    Eb3-I : Either U or 15 Jan 2002.


    Thank's
    MDix



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  • jonty_11
    07-05 05:06 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@@




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  • Ravneetsingh
    10-01 12:59 PM
    Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
    I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
    and btw thanks for tons of usefull info!



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  • ImmiLosers
    12-23 06:38 PM
    I have recently contacted CIS Ombudsman (3-4 Months ago) regarding my I-485 application.
    My lawyer is perpetually suggesting it may jeopardize the case.

    Is it true? and Why?




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  • santb1975
    05-28 09:52 AM
    we are losing momentum. Aren't we?




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  • Green.Tech
    06-18 02:19 PM
    Please contribute for your own benefit.




    Milind123
    09-12 05:29 PM
    Hi IV members,
    Thanks for all the work and effort put into making the life of many simple.
    Just made a small contribution from my side
    Details
    $100 from paypal Receipt ID: 0140-0216-9540-2146
    Thanks
    -Ska

    Way to go first post and a contribution.




    americandesi
    11-29 02:00 PM
    Can anyone outline the advantages/disadvantages of Sole Proprietorship vs. LLC for a single individual who plans to provide website designing/development services for companies in/outside US?



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