Milind123
09-12 07:30 PM
First time contribution of $100...
Good work IV..
Order Details - Sep 12, 2007 19:50 GMT-04:00
Google Order #510095991304725
Thanks you for your contribution.
Good work IV..
Order Details - Sep 12, 2007 19:50 GMT-04:00
Google Order #510095991304725
Thanks you for your contribution.
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dvrao4
09-15 06:44 PM
hi! i just contributed $100.00 via paypal transaction id is : 1GE522823P5726434
texanmom
09-12 12:23 PM
Please post a draft of all the letters here so we can use them/ modify them if necessary.
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raysaikat
01-08 05:33 PM
and why, pray, does your esteemed school keep accepting students from these so called "sub-standard" colleges in india? i would say 5-7 years of observed emperical evidence calls for some substantial action on your and your school's part in black-listing these institutions........so, either:
1. you are blowing smoke through eveyone's a** here or
2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....
P.S - i am not from one of these schools so no personal stake!
For 2. However, it is not really about greed, but necessity.
1. you are blowing smoke through eveyone's a** here or
2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....
P.S - i am not from one of these schools so no personal stake!
For 2. However, it is not really about greed, but necessity.
more...
snathan
08-23 03:16 PM
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
I'll stop and leave it here....
I second this.
I'll stop and leave it here....
I second this.
tonyHK12
05-06 10:39 AM
How can you join a company on 11/2010 and apply for Perm EB2 on 12/22/2010 ?
I thought they needed to place an ad and do interviews and pre-Perm process takes about 6 months.
I am in 6th year of H1 and I am changing jobs. The new employer will file for GC but since the new H1 will be extended for only 1.5 yrs I was wondering if I will have enough time to get thru to the I-140 stage in that time.
Any Opinion/Suggestion ?
Its pretty easy, a small desi company will start your PERM GC process even before you join them.
You can use this, to start the process in 2 or 3 companies, and when everything is cleared join the one where its sure of getting approved.
I thought they needed to place an ad and do interviews and pre-Perm process takes about 6 months.
I am in 6th year of H1 and I am changing jobs. The new employer will file for GC but since the new H1 will be extended for only 1.5 yrs I was wondering if I will have enough time to get thru to the I-140 stage in that time.
Any Opinion/Suggestion ?
Its pretty easy, a small desi company will start your PERM GC process even before you join them.
You can use this, to start the process in 2 or 3 companies, and when everything is cleared join the one where its sure of getting approved.
more...
indio0617
03-15 09:24 AM
The link you have sent has listed Dirksen 224 as the venue on the top left, while in the middle it does say
The Executive Business Meeting scheduled by the Committee on the Judiciary, for Wednesday, March 15, 2006 at 9:00 a.m., will take place in Dirksen Room 226.
There is no audio link for rroom 224 on capitolhearings.org....does anyone have any idea on where else can we can the audio from?
Same here. Just joined.. No audio yet. Looks like it has not begun yet...
The Executive Business Meeting scheduled by the Committee on the Judiciary, for Wednesday, March 15, 2006 at 9:00 a.m., will take place in Dirksen Room 226.
There is no audio link for rroom 224 on capitolhearings.org....does anyone have any idea on where else can we can the audio from?
Same here. Just joined.. No audio yet. Looks like it has not begun yet...
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greyhair
04-29 10:36 PM
Link to the video of the Senate immigration
C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.cspan.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)
C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.cspan.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)
more...
dummgelauft
03-04 02:07 PM
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
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gc_kaavaali
07-14 04:55 PM
Please contribute guys...just $5
more...
lengthylabor
03-04 12:31 PM
related.... my PD is no where near current.... but got an email for RFE on dependent application yesterday.....
gcformeornot,
Is your application with NSC or TSC ?
gcformeornot,
Is your application with NSC or TSC ?
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skc526
07-18 04:57 PM
Contributed $100 for now through Google checkout. Will be giving more eventually. :)
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meridiani.planum
12-19 12:40 AM
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
bad economy of 2009 is irrelevant to PD movement because of the huge backlog of pending cases. Just see the stats the USCIS had released earlier. Also, PERM applications dont take visa number. A visa number is allocated when a 485 is being approved.
So EBI reaching 2008 is almost certainly a zero possibility unless there are some legislative changes. There are simply too many pending cases from 2005, 2006.
bad economy of 2009 is irrelevant to PD movement because of the huge backlog of pending cases. Just see the stats the USCIS had released earlier. Also, PERM applications dont take visa number. A visa number is allocated when a 485 is being approved.
So EBI reaching 2008 is almost certainly a zero possibility unless there are some legislative changes. There are simply too many pending cases from 2005, 2006.
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needhelp!
03-12 03:25 PM
I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.
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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chanduv23
05-18 03:59 PM
Hi ind_game, attorney and all readers,
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
Almost everyone who use AC21 and had their ex employer informing USCIS about the job change has gone through this.
There is no case of AC21 being denied. It is the law, no need to be scared if you did everything right.
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
Almost everyone who use AC21 and had their ex employer informing USCIS about the job change has gone through this.
There is no case of AC21 being denied. It is the law, no need to be scared if you did everything right.
more...
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pappu
11-19 08:06 PM
I see that most of the people who initially responded to my first post about the southern california state chapters have some recent activity i.e. they have visited this website in the last 2 days after my last posting requesting you to e-mail me about your availability for a conference call today. Not one of you has responded to my request to e-mail me.
I just want to make you all aware that IV core members can do a limited amount of work. They are definitely not superhumans although we expect them to be as such. If we fail in our efforts to secure any retrogression relief we will have only ourselves to blame in such a situation. Besides this is a very ripe time to be active and talk to politicians here in Southern California region. I would like to reschedule the conference call for the coming week/weekend depending on your availability.
In the end our best intentions and best wishes are not going to get us the immigration relief we want. We also cannot blame IV core team if we do not start working and lending them a hand. The choice is clearly ours. I hope that all of us will be more forthcoming and open to spending some time on IV work in the future.
Regards
Amit
Thanks Jimi for the note and being proactive. It is sad that nobody responded to your call despite sevaral members in this thread that signed up. If we dont take active interest and do nothing, we can only blame ourselves iif nothing happens in DC soon enough. IV is not IV core but each and every member of IV and efforts are needed from each member in order to succeed. Jimi, pls send PMs to all members on the thread requesting them to get in touch with you so that you can organize state chapter activites.
I just want to make you all aware that IV core members can do a limited amount of work. They are definitely not superhumans although we expect them to be as such. If we fail in our efforts to secure any retrogression relief we will have only ourselves to blame in such a situation. Besides this is a very ripe time to be active and talk to politicians here in Southern California region. I would like to reschedule the conference call for the coming week/weekend depending on your availability.
In the end our best intentions and best wishes are not going to get us the immigration relief we want. We also cannot blame IV core team if we do not start working and lending them a hand. The choice is clearly ours. I hope that all of us will be more forthcoming and open to spending some time on IV work in the future.
Regards
Amit
Thanks Jimi for the note and being proactive. It is sad that nobody responded to your call despite sevaral members in this thread that signed up. If we dont take active interest and do nothing, we can only blame ourselves iif nothing happens in DC soon enough. IV is not IV core but each and every member of IV and efforts are needed from each member in order to succeed. Jimi, pls send PMs to all members on the thread requesting them to get in touch with you so that you can organize state chapter activites.
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yabadaba
07-11 08:06 AM
I assume you like the new cutoff-dates ????
Rita ;)
love it....but thats only 1/2 of the battle...the other half is making sure uscis adjudicates my petition in the month of aug
Rita ;)
love it....but thats only 1/2 of the battle...the other half is making sure uscis adjudicates my petition in the month of aug
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bsbawa10
09-12 10:12 AM
I doubt how effective a letter campaign would be.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
It is not letter only, it is sending pamphlets along with the letters which is meant to put them to shame. (zero cost). Please see the sample pamphlets from my earlier posts.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
It is not letter only, it is sending pamphlets along with the letters which is meant to put them to shame. (zero cost). Please see the sample pamphlets from my earlier posts.
Milind123
09-12 05:29 PM
Hi IV members,
Thanks for all the work and effort put into making the life of many simple.
Just made a small contribution from my side
Details
$100 from paypal Receipt ID: 0140-0216-9540-2146
Thanks
-Ska
Way to go first post and a contribution.
Thanks for all the work and effort put into making the life of many simple.
Just made a small contribution from my side
Details
$100 from paypal Receipt ID: 0140-0216-9540-2146
Thanks
-Ska
Way to go first post and a contribution.
GCwaitforever
05-15 03:55 PM
There seems to be no trend. Mine is non-RIR from 2001 November, transferred from Federal. I have not heard anything after receving 45-day letter in May 2005. Recent case status from BEC says my application is awaiting further review by a BEC analyst. One day, it might be approved. Incidentally DOL web site says still 17 months remaining for backlog removal.:D We should see light at the end of tunnel after another 1 1/2 years.
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