conchshell
09-10 05:20 PM
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
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JazzByTheBay
09-10 09:01 PM
Then there's no point in being a member of IV.
When we've come together in an organized fashion, things have happened - although not as frequently and not to the exact extent that we've wanted.
If you believe nothing will change - perhaps it's time to move on and stop logging on to IV forums and worrying yourself silly about this.
If inaction and giving up is part of your nature, there's little help outside of therapy - no offense meant.
If we can continue to organize and keep working towards the goals, perhaps some headway can be made. Those who spearheaded such efforts knew it wasn't a sprint to the finish.
Question is...how much pushing would be needed when v very well know that whatever noise v make is never to be heard ???
When we've come together in an organized fashion, things have happened - although not as frequently and not to the exact extent that we've wanted.
If you believe nothing will change - perhaps it's time to move on and stop logging on to IV forums and worrying yourself silly about this.
If inaction and giving up is part of your nature, there's little help outside of therapy - no offense meant.
If we can continue to organize and keep working towards the goals, perhaps some headway can be made. Those who spearheaded such efforts knew it wasn't a sprint to the finish.
Question is...how much pushing would be needed when v very well know that whatever noise v make is never to be heard ???
panky72
06-24 10:59 PM
shouldn't we think a little about our gain too ;) ..
:DAgreed.
:DAgreed.
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TeddyKoochu
12-11 10:51 AM
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
Does anybody have any updates on the I485 Pre--Filing new procedure, that last I read was that this has got postponed to June (USCIS half yearly agenda). This is the only raft and lifeboat for us in the deep sea!
Does anybody have any updates on the I485 Pre--Filing new procedure, that last I read was that this has got postponed to June (USCIS half yearly agenda). This is the only raft and lifeboat for us in the deep sea!
more...
singhsa3
07-20 04:03 PM
The numbers are assumptions and NOT facts. Most of these numbers have actually been pulled from other places or based on some rationale (for example 750,000 from Matthew Oh site, 5 minutes/EAD based on what need to be done to print out a card and pack in an envelop)
Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.
Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
What about receipt notices? Isn't that teh first step? I do not believe it will take 20 months to get a receipt notice. Are you sure they have only 30 folks for EAD. Is that a known fact? What if it is 300?
How about outsourcing it?
Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.
Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
What about receipt notices? Isn't that teh first step? I do not believe it will take 20 months to get a receipt notice. Are you sure they have only 30 folks for EAD. Is that a known fact? What if it is 300?
How about outsourcing it?
sanjay
07-06 11:08 AM
While IV is a big organization with 20K+ members, I haven't seen the transparency, All I have seen is tons of threads being created requesting members to donate money, However Is there any transparency in the way the money is being spent the answer is a Big NO.
Is IV a big organization ? Yes. Definitely. With more than 20K members it is a big org.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
Is IV a big organization ? Yes. Definitely. With more than 20K members it is a big org.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
more...
gc_kaavaali
07-14 05:53 PM
Come on guys!!! please contribute for good cause.
2010 More Horse Coloring Pages
hazishak
07-18 06:25 PM
Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.
You just simply resend it.
You just simply resend it.
more...
immi_seeker
09-28 10:10 PM
This is very bad . considering the fact that people have been put in to this endless wait of retrogression. FY2006 they wasted 11k visas and the whole year dates were retrogressed for most of the countries
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funny
09-12 03:15 PM
^Bump^
more...
nirenjoshi
03-09 06:14 PM
Added info about April VB to past VBs table.
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
Pardon my ignorance, but where does the data on the last 2 columns - the one for I-485s - come from? And does that includes Family+EB?
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
Pardon my ignorance, but where does the data on the last 2 columns - the one for I-485s - come from? And does that includes Family+EB?
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Desertfox
03-30 07:03 PM
what about: married filing separately..since both me and my wife are on H1.. we filed separetly last year for some vague reasons!
My guess is that you will probably end up paying more than $600 additional in tax amount.
My guess is that you will probably end up paying more than $600 additional in tax amount.
more...
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santb1975
05-31 02:43 PM
That is awesome
$50 recurring sent to IV yesterday.
.................................................. ...
$320 + $50 recurring
Proud to be an IVian. GO IV GO..
$50 recurring sent to IV yesterday.
.................................................. ...
$320 + $50 recurring
Proud to be an IVian. GO IV GO..
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GCSeekerCT
03-04 07:30 PM
They can deny for whatever reason they think is risky. Banks are looking for reasons to NOT loan right now, as opposed to 2 years ago when everyone waling in were offered free money.
I suggest you go to a reputed FCU or small, regional bank. IMO, they are much better to work with. I recently refinanced a loan with an FCU, originally extended to me by our local bank.
Terms and paperwork is VERY easy, you get to talk to the same people through your application as opposed to a big bank where your papers are pushed around the country every week (my experience with BoA).
HTH
I suggest you go to a reputed FCU or small, regional bank. IMO, they are much better to work with. I recently refinanced a loan with an FCU, originally extended to me by our local bank.
Terms and paperwork is VERY easy, you get to talk to the same people through your application as opposed to a big bank where your papers are pushed around the country every week (my experience with BoA).
HTH
more...
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conchshell
07-11 10:46 AM
I have expected EB2 India would move Fast but I didnt expect it would move like Super Fast. Really good for EB2. But the thing infront of us now is to work for EB3 INDIA and EB3 ROW.
vdlrao, I was always impressed with your calculation that you presented before July Visa bulletin, however it seems to good to be true. But it seems your estimation and prediction were on a correct track.:)
vdlrao, I was always impressed with your calculation that you presented before July Visa bulletin, however it seems to good to be true. But it seems your estimation and prediction were on a correct track.:)
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slammer
07-11 07:57 AM
wooohooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooo
I assume you like the new cutoff-dates ????
Rita ;)
I assume you like the new cutoff-dates ????
Rita ;)
more...
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pbojja
09-11 05:17 PM
What we are expecting after this calc. camp ? I dont think so they will revise bulletin nor they will give single extra visa above 140k. I think we should focus on HR 5882 .. We should send something to lawmakers.
Just a thought.
I think they will improve the communication between USCIS and DOL . Dont you think it unjustice for 2003-2005 PD holders when they move dates to 2006 and approve 2006 cases ? cant they just move it to 2005 and say approve as many cases as possible for them ? why approve 2006 cases .
Yes focus on HR 5882 is very important but nothing wrong with this campign either ....Just my thoughts
Just a thought.
I think they will improve the communication between USCIS and DOL . Dont you think it unjustice for 2003-2005 PD holders when they move dates to 2006 and approve 2006 cases ? cant they just move it to 2005 and say approve as many cases as possible for them ? why approve 2006 cases .
Yes focus on HR 5882 is very important but nothing wrong with this campign either ....Just my thoughts
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tsnaresh
09-28 07:42 AM
Filed my first GC in 2001, didn't go well (3-year degree issue). Refiled in 2004 and waiting ....13 plus years since landed in US (1997).
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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!
...
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!
StuckInTheMuck
07-11 10:53 AM
First new Iphone and now this news. I am still in Sep 06 but this type of things keeps the hope alive :).
Maybe you should now change your handle to USDream2DustBack2Dream :)
Maybe you should now change your handle to USDream2DustBack2Dream :)
bskrishna
07-11 11:54 AM
I am of the opinion that the dates might retrogress to somewhere in 2005 June as the worst case (by Oct-Nov), because the 05 numbers should really be low to start with due to PERM issues. Again this is just my educated guess.