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  • dpp
    10-11 09:00 PM
    We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.

    The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.

    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.

    http://www.incnow.com/incorporating.shtml

    http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html



    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.




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  • ssnd03
    04-01 05:00 PM
    First of all why do U wanna ask that? Its an employment based visa that ur GC is based on. So, ur employer shud ask that. Why are u asking IVans to do something which is not in their control??? I keep getting red and dont mind if I'm banned. But excuse me...u r misleading IVans. My point is this. We can protest, rally based on the delay. Thats pretty much we can do. Inquiring into a Government agency's internal affairs is none of ur business. And I repeat u dont have any rights to do that as u have NO direct link to USCIS. U have applied thru ur employer and ur employer shud speak for u. Do u even get it? Ur statements and arguments have no logic whatsoever and misleading.

    Dard-E-Disco I have read your comments on this thread.. Frankly you are retarded and ignorant.

    I485 is an individual application. It has nothing to do with the employer even in the EB cases. The basis for I485 can be an EB I140. USCIS is answerable to the employer for I140 and answerable to the immigrant for I485. However, I don't think you have the mental capability to understand this obvious law.

    Immigrants don't get to vote and may not have other rights such a welfare, social securicty etc. But USA as the greatest democracy on earth provides almost all of the rights to citizens and foreigners alike. In fact you can complain to your local, state & federal lawmakers and they will help you in your problems.

    And yes a foreigner has the right to complain about any govt. organization including USCIS if their processes are adversely effecting him or her. These are the basic principles of the US democracy.

    Even though relatively US has one of the best functional govt.. sometimes it still takes lot of effort and time for the wheels to turn. Thats what IV is trying to achieve.

    Having said that I doubt any of this will penetrate your thick skull. Dard-e-disco you are basically a retard!




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  • mw_immi
    01-07 01:00 PM
    Has anyone done refinance from BOA on EAD / AOS (expired H1B & I-94)?

    My current home loan is with BOA & I am trying to refinance with them, but they say we can't approve now because of status. I locked in rate in Sept. 2010 & now I am stuck as rates have gone up. After 4 months they have denied.

    I don't know how to proceed further. They are not ready to give any letter & the lending policy. Any suggestions please......




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  • gc_chahiye
    09-28 06:49 PM
    Oh Law Firm Update :

    09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007

    Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.

    wow. just wow. I dont know what to say. These guys NEVER learn.

    huge retrogression, massive backlogs, lives on hold for years, all for this precious resource called a visa number, and they waste them again this year!

    Even after ombudsman took them to task in his report.

    Even after all the publicity of this issue.

    Lawmakers dont allow recapture and USCIS keeps wasting them year after year.

    This is sickening...



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  • meridiani.planum
    12-13 11:41 PM
    What are the chances for the PD moving to Mid 2007 by end of 2010 ? :(

    are you referring to EB2-India? Without any legislative or administrative changes the chances of reaching 2007 next year are pretty much zero IMO.

    If I were to play the prediction game, based on the stats that USCIS released and their own statements in this months VB, this is what I would guess [Q1 meaning Jan-Feb-March: calendar quarter, not USCIS quarter which runs from Sept]:

    - Q1 2010 : EB2-I reaches Feb and or early March

    >> Reasoning: its already at Jan-end and there are tons of cases in March. because PERM was about to start from April 2005, lots and lots of companies pushed and filed for labor in March. So Jan will be crossed and most likely Feb also. But March is a big hump to cross.

    - Q2 2010 : EB2-I goes "unavailable". Probably in May, or in June

    >> EB2-India should exhaust its annual quota for the quarter well within the cases from Jan/Feb/early-March. So now the VB would go unavailable.

    - Q3 2010 : EB2-I goes to April/May/June-2005 in July, then Dec 2005 by Sept VB.

    >> the big spillover of visa starts. Note that spillover has not yet happened. THere is speculation at this point, but traditionally whenever there is spillover (look at last 3 years VB) India and China have the same PD because thats how the visas can spill over equally to both of them. The state dept's own prediction is dates will reach December and thats likely. Note that in their prediction (in the VB) dates for India and China are identical as is expected when spillover takes place. This is the time when the big bump of cases at March should get levelled out.

    - Q4 2010 : EB2-I goes to Oct 2005

    >> 6 months past PERM the number of filings had picked up again, so based on the EB-I pending cases stats come October 2010 the date should roll back to October 2005. Spillover wont be in effect and India will be back to its annual 7% limit.

    - Q1 2011 : EB2-I goes to Dec 2005

    >> dates will creep along slowly/

    - Q2 2011 : Dec-2005 or 'U'.

    >> same story: India quickly exhausts its annual quota, and must now wait for spillover.

    - Q3 2011 : EB2-I goes to March/June 2006

    >> spillover happens, but unlike earlier there are lots and lots of cases from 2005-end to first half of 2006. So even with spillover the dates are unlikely to go past June 2006.




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  • raydhan
    03-08 10:13 AM
    Here's the link for the live hearing of the Judiciary Committee

    http://www.capitolhearings.org/

    Click on room Dirksen 226 and let everyone know what you hear. Not all have access to internet from work

    Enjoy!

    This is the right link. It is very clear today. Interesting discussion.



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  • bestin
    08-23 05:23 PM
    This is what i understand

    1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years

    2.Exceptional Ability- Assume a guy who has a diploma or a 3 year degree with some certifications.In a normal scenerio he would apply for EB3.But this opens up the scope for him to apply in EB2 also provided he satisfies a 10 year experience and any other stuff from the criteria below...

    Criteria
    Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
    Letters documenting at least 10 years of full-time experience in your occupation
    A license to practice your profession or certification for your profession or occupation
    Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
    Membership in a professional association(s)
    Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
    Other comparable evidence of eligibility is also acceptable.




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  • apb
    03-06 05:16 PM
    Few observations based on thread postings
    1) Last year around this same time not many RFE/LUD were seen.
    2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
    3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.

    Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.

    Just my observation. Any input is appreciated.



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  • shekhar10c
    07-06 11:30 AM
    I think u r right. We shouldn't think abt our future in this country and nor abt the people who were in backlog as we r the one's who suffered the most.Y we have to suffer because of mis-communication between DOS n USCIS.If they will be taking our reaction in negative way let them. If they want to revive CIR(Legal immigration-point system) , let them do. If they do, the same as British did , let them. Let see our present, don't worry about future.If they think to throw us back to our home country ,the right they have , let them do. But i just want to say is that- if they made an inquiry over this issue,not only they'll hold all backlog cases that r approved now but also they will stop issuing new visa numbers till this is resolved-result -delaying the process more. It will definetely take time. The thing is atleast backlog is cleared now, so the process will move smoothly.But anyway lets fight for injustice done to us.Lets don't wait for oct opening.We want now!!!
    For last 2 weeks of June , we worked hard and delivered our application on 2nd july. Lets Do IT GUYS!!!!!:)

    EB-3;PD-March'2004












    My brothers in blood, please calm down� Mahatma Gandhi had his own way of fighting for freedom and so did Subhash Chandra Bose. They must have agreed and disagreed with each other on many things. But at the end of day, their motive was the same �Justice and Freedom�.

    We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.

    Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.

    Please pull your swords to fight the injustice rather than fight with each other.

    PEACE!




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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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  • Kodi
    06-25 11:51 AM
    Got approved just now. Labor filed EB3 on 23rd Feb Govt job. Thinsg are moving ... Best of luck to all !!!

    -M

    That's great. Congrats to you and good luck to all of us.




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  • vkannan
    03-12 10:19 PM
    I know someone with PD EB3-I 2003 March who got his GC today.

    Come on now, dont create another rumour....our brothers in EB3- I 2003 would all be excited ....but after few weeks they will know the truth and get disappointed.....Just think practically whether this is possible....

    One example....just think....a week before April Bulletin was released.....there was lot of positive thought/wibes going around thinking EB2/EB3-I india (due to LUDs) would have a Huge jump forward.....well, everyone knows by now.....how it all went..........



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  • shivarajan
    03-07 02:30 AM
    "Bindas maamu!"

    After all those hopes & anticipations (esp. with recent soft lud's thingy) things are going to be bad in upcoming bulletin rather than good (or at least neutral).

    It's difficult to rule out news/hint provided by the website to be incorrect so v are officially screwed?

    To "sri1309" : Ur curse may have cast its spell?




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  • sunny1000
    07-06 06:24 PM
    And how does it not apply to AOS.
    For Consular processing people have to plan trips and get medical and all that.

    Why doesnt the same analogy apply to AOS. - Please explain...:confused:

    The difference is that AOS is handled by USCIS and the CP is done by DOS. It is the USCIS which ran out of the 60000 visas (supposedly) before July 1st even though DOS opened those numbers up for the entire July.

    Now, DOS is saying to USCIS " you guys used your quota even before the rush started and so, we won't give you any more visa numbers but, we will continue to honor our quota via CP which we accounted for July". Just my interpretation. Don't shoot the messenger ;)



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  • needhelp!
    09-10 08:08 PM
    20000 more to go!

    Checks and bill pay please send to:

    Immigration Voice

    PO Box 114
    Dayton
    New Jersey -08810

    Telephone: (202) 386-6250

    Please post here when you contribute.
    Its great to see the progress and it encourages others to step up and do the same.

    WE CAN DO IT!!




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  • InTheMoment
    07-18 02:23 PM
    Yes..a fairly correct and concise way of putting it !:)

    So now guys realize how RD becomes crucial within the PD current window !
    If the window is too current say 06/07 than it may not be fair to older PD's
    if it around 2003 the window is not too wide and quotient of fairness increases.

    He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.



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  • amitjoey
    06-05 04:28 PM
    There is a lot of merchandise under $20 that members can buy, proceeds (only a small- portion) goes to IV.




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  • GotFreedom?
    03-13 11:49 AM
    Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?

    This is a awesome news for the old timers. I hope you are not kidding around.
    Enjoy your freedom.

    PS: Are you sure that the email you received was for 485 and not for other applications such as EAD or AP?




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  • thomachan72
    06-04 11:54 AM
    All this May 15th/21 date is open to interepretation there is no set concrete laws yet.I just filed I-140 and I-1485 on the 1 st June and my attorney told me just go and wait now and live your life.We can worry about stupid laws that MIGHT go into affect a yr or never and destroy your precious time.
    In the meantime go to NUMBERSUSA website and send as many faxs against this CIR bill and get it shutdown.

    Yes i know NUMBERSUSA is anti-immigrant but in this situation it beneficial to all us legals if this bill goes down in flames.
    How could you file the 140 and 485 at the same time, are you filing in EB1 catagory? which country?




    JazzByTheBay
    09-12 12:04 AM
    This is great... thanks! :)

    Dear XXXX,

    The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
    The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
    Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
    Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
    Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.




    EkAurAaya
    07-11 02:20 PM
    .

    :(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.

    bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:



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