jung.lee
04-04 06:48 PM
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??
Thanks
sree
My interpretation is that if the spouse (with EAD), in question has been in residence in the US for more than 6 months in a year, she would be considered a resident for tax purposes, and therefore be eligible to set up a S-corporation.
Thanks
sree
My interpretation is that if the spouse (with EAD), in question has been in residence in the US for more than 6 months in a year, she would be considered a resident for tax purposes, and therefore be eligible to set up a S-corporation.
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lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
NNReddy
04-12 10:53 AM
Can someone on EAD start a S-Corp or LLC? IF SO WHICH ONE IS BETTER S-CORP OR LLC? PLEASE ADVISE
2011 United States Africa Asia
rajeshalex
08-04 05:36 PM
Originally Filed at TSC Jul 07. EB2
XFRD to NSC in Nov 07
No LUD for an year.
XFRD to NSC in Nov 07
No LUD for an year.
more...
pcs
07-05 03:40 PM
Guys meet your Congressman !!!
husker
07-18 01:26 PM
Following a one time contribution I signed up for $20 re-occurring (Jan 2007). I have discontinued that to go to $50 now! I think if anyone wants to THANK and appreciate the work all IV volunteers did, they should be do so by paying. No thank you cards no flowers....just reoccurring contribution!
more...
santb1975
05-26 11:23 PM
:confused:
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pkjena
07-06 02:00 PM
Here are some of the stats from Mathew Oh's website:
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend in a period of less than one month. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of applications on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiates any discovery, the truth starts coming out of the cabinet a bit by bit.
I have a question:
Total VISA available for the year = 140,000
USICS approved till May 31 = 66,426
USICS approved Jun 1- Jun 29 = 40,000
USICS approved Jun 30 - July 1 = 25,000
So VISAs still available 140,000 - 66,426 - 40,000 - 25,000 = 8574
So why are they Unavailable on 2nd Jjuly 2007?
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend in a period of less than one month. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of applications on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiates any discovery, the truth starts coming out of the cabinet a bit by bit.
I have a question:
Total VISA available for the year = 140,000
USICS approved till May 31 = 66,426
USICS approved Jun 1- Jun 29 = 40,000
USICS approved Jun 30 - July 1 = 25,000
So VISAs still available 140,000 - 66,426 - 40,000 - 25,000 = 8574
So why are they Unavailable on 2nd Jjuly 2007?
more...
she81
08-13 04:48 PM
I am exactly in the same situation. Sometimes I feel that I should just dump the EB3 application (PD: 12/04) and start a brand new EB2. Maybe the EB2 PD of say 12/08 will end up to be better than EB3 12/04.
I believe everyone is thinking in the same direction... but if and only if we're able to come out of the blackhole called I-140.
I believe everyone is thinking in the same direction... but if and only if we're able to come out of the blackhole called I-140.
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oliTwist
08-12 03:09 PM
Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
more...
gcformeornot
05-28 08:05 AM
please contribute
hot map of asia countries and
akkakarla
07-05 05:32 PM
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
Well, I don't know what is happening with my I485. I took my Infopass appointment early morning 7.15 AM on July 2nd. My Priority date became current(PD-11/08/2004). I was quite happy that it became current. Our applications are with San Jose Local Office. We completed our interview on October 2005. At the time of our interview our priority date is not current and no visa number available. The IO said that whenever our PD becomes current they will approve our case and send the mail in card. We moved to San Jose and our case files are transferred from South Portland Maine to San Jose.
Long story short, we went to San Jose office and told the IO that our Priority date became current and he has the VB that has all categories current.He said that he is going to pull the files out of inventory room and send to the IO the same day and he will approve it. We are aware of the fact that VB is going to change. So not sure how to take the information given to us. Will they approve as he said? or will they take it out and wipe the dust off and put it back for dust to collect again. I am disappointed, angry, helplessness. It is just 1 hour work that is all it takes to approve and I am waiting for past 2 years. Anybody in the same boat?? What can i expect from the response. What should i infer - approve or dust collection. Anyways my company is asking me to relocate to Beijing or Mainz so I will consider seriously after consulting with my wife.
Logiclife, I had contributed before for Senator Kerry campaign in 2004 too. I don't think that is wrong is there?
Well, I don't know what is happening with my I485. I took my Infopass appointment early morning 7.15 AM on July 2nd. My Priority date became current(PD-11/08/2004). I was quite happy that it became current. Our applications are with San Jose Local Office. We completed our interview on October 2005. At the time of our interview our priority date is not current and no visa number available. The IO said that whenever our PD becomes current they will approve our case and send the mail in card. We moved to San Jose and our case files are transferred from South Portland Maine to San Jose.
Long story short, we went to San Jose office and told the IO that our Priority date became current and he has the VB that has all categories current.He said that he is going to pull the files out of inventory room and send to the IO the same day and he will approve it. We are aware of the fact that VB is going to change. So not sure how to take the information given to us. Will they approve as he said? or will they take it out and wipe the dust off and put it back for dust to collect again. I am disappointed, angry, helplessness. It is just 1 hour work that is all it takes to approve and I am waiting for past 2 years. Anybody in the same boat?? What can i expect from the response. What should i infer - approve or dust collection. Anyways my company is asking me to relocate to Beijing or Mainz so I will consider seriously after consulting with my wife.
Logiclife, I had contributed before for Senator Kerry campaign in 2004 too. I don't think that is wrong is there?
more...
house +asia+map+countries+and+
tinamatthew
07-21 04:20 PM
Are there any Schedule A professionals who are filing this July?
Any ideas/news you can share?
Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.
Any input will be greatly appreciated.
Thank you
Any ideas/news you can share?
Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.
Any input will be greatly appreciated.
Thank you
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amdn123
09-10 02:01 PM
I guess we have till September 30 to hope for approval.
PD Nov 2005.
PD Nov 2005.
more...
pictures map of asia countries and capitals. World+map+countries+
param_r
09-11 12:05 PM
Guys,
Keep up the good work.
This is just another way of saying, sorry I cannot come down to DC due to prior engagements.
Sent $100 in contribution.
Google Order #528053412971728
Thanks,
Param.
Keep up the good work.
This is just another way of saying, sorry I cannot come down to DC due to prior engagements.
Sent $100 in contribution.
Google Order #528053412971728
Thanks,
Param.
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stevestamps
08-20 06:33 PM
i have faced same problem in NC, we can't do anything unless we go out of country and get visa stamped in passport. rules have been changed in NC DMV since last year. i have visited 3-4 DMV's in NC, everyone told same thing.
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
more...
makeup map of asia countries and capitals. Map+of+southeast+asia+
pappu
12-16 01:32 PM
its been stuck at 2001 for so many years , except for 2007 july bulletin fiasco.
with the way things are , it can take 10 more years for EB3 to even get to 2005. Lets try and push for something which works in this country.
Buy a house get a GC! rule for EB applicants.
Maybe you want to start a thread and collect all those who are stuck in 2001 and earlier dates in EB3 I and 2003 and earlier for EB2I on IV.
Lets see how many we get. They should also update the IV tracker with their dates. We can then use that data to ask help clear the backlog and petition to advance dates in a systematic order. This will work if you can get many people who are stuck despite their dates being current for several months/years. What do you think?
with the way things are , it can take 10 more years for EB3 to even get to 2005. Lets try and push for something which works in this country.
Buy a house get a GC! rule for EB applicants.
Maybe you want to start a thread and collect all those who are stuck in 2001 and earlier dates in EB3 I and 2003 and earlier for EB2I on IV.
Lets see how many we get. They should also update the IV tracker with their dates. We can then use that data to ask help clear the backlog and petition to advance dates in a systematic order. This will work if you can get many people who are stuck despite their dates being current for several months/years. What do you think?
girlfriend detailed maps of Asia
sundeep14
07-11 10:51 AM
i dont get it..why r folks so happy...i agree its current till 06..but that does not mean that people are goin to get green cards...it just means that till 06 whoever had not got a chance to apply for 485 can now apply...congrats to them...but i beleive there are not many people like that..
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boreal
03-18 11:10 AM
Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
mmm...didnt knew about this..After living and working here for ten years, i am still in-eligible for the tax rebate...phew!!!! (filed jointly, no SSN for my wife)..maybe i will claim it all next year....I am eternally optimistic :-)
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
mmm...didnt knew about this..After living and working here for ten years, i am still in-eligible for the tax rebate...phew!!!! (filed jointly, no SSN for my wife)..maybe i will claim it all next year....I am eternally optimistic :-)
psaxena
06-11 04:34 PM
hey if you know more about goa, please PM me , I want to retire their.. I was in Goa in 1993. It was beautiful that time..
Although I can think of better drinks, and Goa isn't what it used to be any more. :)
jazz
Although I can think of better drinks, and Goa isn't what it used to be any more. :)
jazz
lskreddy
04-30 03:59 PM
I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???
It certainly would at the consular posts, esp India and China. It may not impact how the applications are handled with in USCIS.
It certainly would at the consular posts, esp India and China. It may not impact how the applications are handled with in USCIS.
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