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    12-27 09:39 PM
    1. Please throw your valuable thoughts on I-9 Employment autorization. My daughter is got a job and recuruiter asked for I-9 ( immigration document).
    Do you need to print from INS office and fillup and send to respective college or INS.

    2. My daughters are going to become 21 years in 2010. What will happend to I-485 approval for my two daughters. My Labor was filed one month grading.
    I applied I-485 in the month of July 2, 2007. Will the age 21 is issue when my dauthers are going to 21 years.

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  • gc28262
    08-12 11:22 AM
    This will infact increase offshoring.

    These companies will pay the extra fees, but will change their onshore/offshore model. Will use less H1/L1 visas , but will increase the headcount of offshore operations.

    So the smart senator will force more jobs to be outsourced. These jobs will never comeback once gone. If we look back at the 2000 recession, it caused a major shift in the way US companies looked at outsourcing. Pre-2000 many companies didn't believe that all jobs could be outsourced. 2000 recession forced them to think otherwise.

    These kind of bills will cause a re-thinking in corporate america's thought process. They will think of creative ways to outsource. Against this senator's hopes, it will reduce jobs here.

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  • bpratap
    05-15 06:10 PM
    But were U able to get the loan at the end ?

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  • pointlesswait
    02-27 12:04 PM
    i just hope it moves by 1-2 at that rate..we can be certain that they know what they are doing.

    somebody should sue USCIS for transperancy!


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  • eb3_nepa
    07-06 12:13 PM
    They are covering their STINKIN A**

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  • needhelp!
    03-12 03:16 PM
    We cannot expect core members to be online all the time, and we cannot expect to see lobbying related information unless a bill actually comes out. I think what we CAN do is keep the average members like me who want to do something, engaged with things that are within reach.

    FOIA campaign was a great example of this.

    However, I am very sad to report that only 3 other members from Texas Chapter participated. With such level of participation, I am not even sure that such campaigns are meaningful. Lobbying seems the best option, where we can pay and then be lazy the rest of the time, but the drawback is that updates will be once in 6 months or a year depending on when bill is being introduced.

    With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.


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  • gc28262
    08-08 08:30 AM
    Since we are trying to address I-140 delays in general at TSC and NSC, can we just send a general letter to Ombudsman's office without specifying our case and DHS Form 7001 ?

    This way it will turn out to be a letter campaign.

    What do you think ?

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  • srhari
    07-14 04:01 PM
    Simply send the check of $5 to Immigration Voice at the address listed in the first post as if you were paying a utility bill. That way your bank will send IV a check of $5.00 (or whatever amount you want it to) and IV gets the WHOLE $5 and no fees are deducted.
    Thanks for the information. Just paid $20 using online Bill Pay from BOA (Confirmation #: 7YBC0-Y1MRW).


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  • gc_maine2
    04-04 10:27 AM

    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!

    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??


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  • geevikram
    12-12 02:44 AM
    Thanks for your advise on paying to IV. We posted our way of thinking!

    And to accomplish your way of thinking IV NEEDS DONATIONS. Not just for your smaller goals but for the overall good.


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  • polapragada
    09-14 12:14 PM
    On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.

    If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
    Ithink PD Porting might be legal at this time but not ETHICAL.

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  • test101
    07-24 04:40 PM
    Even if you are RN licenes and educated in the USA. You still need a visa screen. I had to apply for visa screen. In my case it took only 1 week to get it. you can apply on line and send your documents. I'm not sure about the EAD though. YOu may wwant to post your question on the free Consultaion thread.


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  • monkeyman
    01-04 12:19 PM
    I filed for my wife's AP on Oct 12th and TSC and received the AP on Nov 1. Applied for UK transit visa on Nov 8 and received that on Nov 14th.

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  • anurakt
    12-18 02:31 PM
    I have been wanting to post this for the last few days and was happy to read this thread.........can we do something like an Immigrant's Boycott Day or something where we should do a mass boycott all over the country.....we need to coordinate this across the entire country and do a gandhi style protest.....but we need atleast maybe 1000 people per city to do it.....I am not sure how difficult it is to get that many people.....but that seems to be the only way to create an Impact.......WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION........its like when all the mexican farmers stopped working on the strawberry farms.....there were no strawberries in the market....I am in the Detroit, MI area.... we need to come up with a list of big cities where we can get 1000 people per city.

    Hit them where it hurts the most.

    Ok I will sound negative....but I find this funny that we are not able to make up numbers in state chapters and talking about mass boycott. Guys to make these ideas work, we need to have a strong network to execute. Members on the ground ...have we achieved this , no ...Gandhi had millions of followers to acheive what he acheived , he didn't do it alone..... are u a Gandhi even for your state ?


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  • sam2006
    09-15 01:23 AM
    thanks Zappy pvhemanth :)

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  • Dakota Newfie
    03-18 09:08 AM
    Someone correct me if I'm wrong, but I believe the "SSN Rule" is meant to keep the illegals form getting the rebate?? Ironically, a lot of them are working using "valid", although stolen, SSN numbers anyway so they'll probably still get it if the IRS doesn't have any other way of weening them out? Again, the legal immigrant community gets punished (indirectly) for the misgivings of the illegals. Just my rambling thoughts...:cool:


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  • yabadaba
    07-11 01:26 PM
    I can't believe this is how it feels to be sooo close to achieving your dream - regardless of how hard we've had to fight.....

    Congratulations to each and everyone of you in EB2-India and China that have been pushing and clawing your way (just like I have) to get your greencards. While my PD is a month away - I am so glad for you. Get ready to go on a loooooong break (mentally, emotionally, and physically if possible as well).

    I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:

    Climb Mt. Kilimanjaro
    Spend 3 months with my family in India and Dubai
    Go back to Culinary School
    Go to Bordeaux and learn about wine
    Become an amazing photographer (just like one of the members on this forum...)

    The list goes on and on....

    But most of all - I can't believe that the moment is here for almost ALL of us to be free of the shackles and really really live our lives. I'm proud to have participated in everything and hopefully we ALL worked to make this huge of a difference and will see this effort through to help all our colleagues stuck in the EB3-India and China mess....
    another dubai desi!!!

    are you ooehs, indian high, modern high, st marys or choueifat?

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  • Jimi_Hendrix
    12-12 07:13 PM
    We are in successful talk with an Associated Press reporter who is interested in writing about our problems. I am planning to schedule a meeting with this reporter in firsts week of January based on her availability.

    It is a small win.

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  • wandmaker
    05-22 10:09 PM

    02-13 10:38 PM
    What are you waiting for
    Originally Posted by unseenguy
    Originally Posted by snathan
    Originally Posted by unseenguy
    Originally Posted by snathan
    Originally Posted by unseenguy
    Originally Posted by snathan
    I am still waiting to see your contribution. Do you need any help to write the check.
    I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
    It shows what kind of person you are...when did you contributed more than $500. It seems like you are new here with only 14 posts. And why did you promise 'I will'.

    Are you just another junk in IV...?
    You are being mean to me and untrustworthy. I have no time for kids.
    i dont need to be trustworthy for ur million $$$ are just another junk for IV
    A kid does not need to tell me my worth. I know it better than you do. I have lived more than you have and I like IVs mission and agenda but I dont like people who label others as junk when they are not contributing more. This represents selfish attitude. First you contribute $500 like I have done and then tell me to contribute more. Otherwise just lie down peacefully.
    I dont have time for stingy junks...get lost in to

    So what ?????????????

    01-06 07:38 PM
    By the way, since when 100's of students mean a couple of folks? So far I have taught about 100 such students. And I and my colleagues have been observing problems with such students for over last 5 years or more (about 1000 students). These are not anomalies, rather statistically significant observations.

    And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.

    You seem to be a guy from north India who dislikes anything remotely connected to south, or probably you are envious of the strides that south India has taken, anyways I do not care what YOU or Wadhwa says about the quality of education in some parts of the world.

    I do not know how this discussion is going to help our cause.

    Moderators, please close this thread. This thread has potrayed India in bad light to the rest of the world and has given enough ammunition to anti immigrants.

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