Milind123
09-12 12:27 AM
Come on folks step up to the plate. I want to send at least $100 tonight before I go to bed. Please PM me after you make the contribution.
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RN_Usa
07-31 11:42 AM
http://www.coalitiononhealthcarestaffing.org/
kaisersose
04-30 03:39 PM
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
Yes, it appears people on this forum are still confused about backlogs due to unavailable visa numbers and backlog due to CIS having too many 485s to process.
They are 2 different things.
Yes, it appears people on this forum are still confused about backlogs due to unavailable visa numbers and backlog due to CIS having too many 485s to process.
They are 2 different things.
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zinchak
09-11 09:01 PM
Just saw the post and make a small contribution of $100 (Google Order #749561768968518)
Thanks for doing this guys. Sorry I won't be able to make it to DC.
Thanks for doing this guys. Sorry I won't be able to make it to DC.
more...
satishku_2000
07-05 05:05 PM
No... Why?
Can you please tell me the senators office you called so that I can call them too ..:) more calls the better
Can you please tell me the senators office you called so that I can call them too ..:) more calls the better
gctest
09-15 08:26 AM
Thanks dvb123.
I appreciate your support.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
what else do you think i holding the EB2 queue back
GCTEST check your private messages. The link is located on the top right hand corner.
I appreciate your support.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
what else do you think i holding the EB2 queue back
GCTEST check your private messages. The link is located on the top right hand corner.
more...
drona
07-22 03:12 PM
Hi Pappu,
I have created a yahoo group for the Southern CA chapter. Members are joining in.
http://groups.yahoo.com/group/SC_Immigration_Voice/
Thanks.
I have created a yahoo group for the Southern CA chapter. Members are joining in.
http://groups.yahoo.com/group/SC_Immigration_Voice/
Thanks.
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Bogdan
06-02 04:26 PM
Also wanted to point out that the "dual intent" provision of the H1-B will be removed by this new CIR bill which will make matters worse for the people with I-485 pending as those applications can be rejected based on that.:(
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
more...
ashutrip
06-25 10:21 AM
As far as I know your country of origin doesn't matter under PERM. Correct me if I'm wrong.
No
No
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watcher
09-09 02:32 PM
I could not attend the rally due to work schedule. However, here is my small contribution. Great work IV, and all the best.
$100
Google Order #529545486966288
$100
Google Order #529545486966288
more...
GCKaIntezar
12-16 07:05 PM
Guys.. Peace! cut-it now.. this is totally absurd and childish to spend your energies in the type of back-and-forth discussions you're engaging yourselves in. What NYCGal369 started was an intellectual discussion, but now let's stop this downward spiral.
Thanks!
Thanks!
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santb1975
06-10 12:16 AM
Reflects my thoughts
�I am not judged by the number of times I fail, but by the number of times I succeed: and the number of times I succeed is in direct proportion to the number of times I fail and keep trying.�
For those who believe in this, please contribute to the cause...
�I am not judged by the number of times I fail, but by the number of times I succeed: and the number of times I succeed is in direct proportion to the number of times I fail and keep trying.�
For those who believe in this, please contribute to the cause...
more...
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eastindia
09-27 12:52 PM
I am waiting for 14 yrs.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
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SkilledWorker4GC
07-11 12:41 PM
:)Good News is Dates Moved and many of us with PD prior to Jun'06 might get our GC (Chances are less than 5%).
:(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.
:(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.
more...
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h1techSlave
05-15 06:15 PM
I was trying to get the loan thru NVR Mortgage. Because of my wife's EAD status, we could not get the loan from NVR.
Then they brokered it out to another agent, who accepted H4. But the loan rate went up from 4.75% to 5.25%. Finally we went with FHA loan (4.875%). FHA loan has an initial payment requirement of 1.75%.
End of story: because of EAD, we lost that 1.75% of the loan. Plus need to pay 0.125% extra.
But were U able to get the loan at the end ?
Then they brokered it out to another agent, who accepted H4. But the loan rate went up from 4.75% to 5.25%. Finally we went with FHA loan (4.875%). FHA loan has an initial payment requirement of 1.75%.
End of story: because of EAD, we lost that 1.75% of the loan. Plus need to pay 0.125% extra.
But were U able to get the loan at the end ?
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eb3retro
03-04 04:00 PM
see my post here..
http://immigrationvoice.org/forum/showpost.php?p=321797&postcount=44
http://immigrationvoice.org/forum/showpost.php?p=321797&postcount=44
more...
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gc_maine2
04-04 10:27 AM
:confused::confused:
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??
Thanks
sree
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??
Thanks
sree
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Green.Tech
06-12 09:38 AM
Can we do better today (more than $125)?
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Suva
07-18 02:24 PM
Seems convincing to me.
only those with labor approved by 31st july can apply.
only those with labor approved by 31st july can apply.
gc_aspirant_prasad
07-05 07:54 PM
Hi Folks-
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Way to go !!
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Way to go !!
xyzgc
09-06 01:50 PM
** what type of action are you talking about. Who has the money to hire another lawyer to fight against these people. The only action one could have taken is to leave the company. But as a matter of fact all the desi companies are the same.
If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.
I don't think these arguments about smartness vs luck are going to help anyone.
If EB3-I folks feel that they are stuck too long and getting green is a very high priority item, they would want to move/port to EB2. A lot of people have EB2 portability with the approved 140 and all but many have chose not to go this route for various reasons.
Is that being smart or stupid?
Some people feel they don't want to change their jobs and set their careers back. Others are just plain inertial. Still others feel its risky jumping through all the hoops all over again.
I think if you are just being inertial you are being more stupid than smart but other than that its a matter of choice.
The visa retrogression relief will happen when it happens. IV's organized efforts can't be blamed.
If we don't fight, we will not even have a fighting chance.You join IV's organized effort but don't just stop doing your own thing. As pointed out by others, individual decisions are also important and will probably make more difference to you as an individual than the collective community.
If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.
I don't think these arguments about smartness vs luck are going to help anyone.
If EB3-I folks feel that they are stuck too long and getting green is a very high priority item, they would want to move/port to EB2. A lot of people have EB2 portability with the approved 140 and all but many have chose not to go this route for various reasons.
Is that being smart or stupid?
Some people feel they don't want to change their jobs and set their careers back. Others are just plain inertial. Still others feel its risky jumping through all the hoops all over again.
I think if you are just being inertial you are being more stupid than smart but other than that its a matter of choice.
The visa retrogression relief will happen when it happens. IV's organized efforts can't be blamed.
If we don't fight, we will not even have a fighting chance.You join IV's organized effort but don't just stop doing your own thing. As pointed out by others, individual decisions are also important and will probably make more difference to you as an individual than the collective community.
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