Tuesday, June 7, 2011

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  • vamsi_poondla
    09-12 09:00 AM
    Hi Milind123,
    I just contributed $100, here are my order details :

    Order Details - Sep 12, 2007 09:12 GMT-04:00
    Google Order #131954606924512

    Thanks
    Satya Chowdary

    Way to go..Satya. It is for a noble cause.




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  • snathan
    12-16 01:07 PM
    we need to write to Sen Joe Lofgren now more than ever..she will try to push the legal bill..also we need to write to her to compensate for some of the waiting time ...so that it gets counted for the citizenship..at least from when the I-485 was applied..I think we will see some sort of push for this ..my only concern is that we again will get caight with the illegals and our issue will be pushed to the side

    Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..

    time for some action now..

    One small correction. Zoe Lofgren is congress woman and not a senator.




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  • gccovet
    10-17 05:01 PM
    Hello,

    just did my part.

    Folks, please come forward and send letters.

    If you think you are safe, then you are wrong, this issue will come and bite you if you are planning or already exercised AC-21.

    "Red dots" don't bother me, so don't waste you time and energy.

    GCCovet.




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  • bala50
    04-30 04:07 PM
    Whatever question you ask -- they will blame it on the summer 2007 surge.

    Summary - "Dont expect any improvemnt in USCIS processing for atleast the next two years " -- Mr. Aytes

    hmmmm.. they ran out of questions. We should have supplied them with the questions and they would have had to stay up all night just to get through the question we can come up in 1 hr!!!!!



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  • jung.lee
    04-04 12:55 AM
    :confused::confused:We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.
    ...
    Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
    ...
    [
    But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.

    Good luck.

    I am excerpting Internal Revenue Code Section 1361 below:
    Internal Revenue Code
    � 1361 S corporation defined.


    (a) S corporation defined.

    (1) In general.
    For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.

    (2) C corporation.
    For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.

    (b) Small business corporation.

    (1) In general.
    For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�

    (A) have more than 100 shareholders,

    (B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,

    (C) have a nonresident alien as a shareholder, and
    (D) have more than 1 class of stock.

    (2) Ineligible corporation defined.
    For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�

    (A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,

    (B) an insurance company subject to tax under subchapter L,

    (C) a corporation to which an election under section 936 applies, or

    (D) a DISC or former DISC.

    There is no mention here that the "resident" must be a permanent resident.

    Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:

    Reg �1.871-2. Determining residence of alien individuals.
    Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357

    (a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.

    (b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.

    Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:

    Reg �1.871-4. Proof of residence of aliens.
    (a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.

    (b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.

    (c) Presumption rebutted.

    (1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.




    (c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.


    In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.

    Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!




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  • pxkuma
    06-02 07:32 PM
    Can any you help in answering my question?

    I am trying to change my job and have an approved I-140 with a priority date of August 2006. The question is if I am successful in porting my old August PD for my new I-140 applied after May 2007, would I come under this new merit system? Any help would be greatly appreciated.



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  • gclabor07
    07-11 10:52 AM
    Folks,

    Congrats to all those who are current. I'm keeping my fingers crossed for my chance to file I-485. It would really benefit the rest of us who missed the last July 07 boat.




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  • malaGCPahije
    07-15 03:06 PM
    Total So far 1340.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.

    Using BOFA billpay. Should reach in 4 days...Will send more later...



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  • jimytomy
    04-12 06:49 AM
    ...nothing yet.

    Did anyone else get any update?

    We all hope you see ( Green Light) light at the end of tunnel ...soon




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  • GotGC??
    01-03 03:05 PM
    This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...

    When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".

    As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
    - if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
    - if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?



    When my son was in 3rd grade, he was asked a question ...who were the pilgrims from your family. I told him it was his parents.

    I presume just like the first pilgrims in USA had a lot of struggle, similarly we too are in the same boat....a time will come when we all will get our GC's....however the true beneficiary of the GC will be our children and our benefit will come by seeing our children getting that benefit. However, we all seem to be living better off than the 1st pilgrims...we are living more comfortably, driving good cars and have homes, enjoying the US dream to some extant....Even now if you go to your home country...you are considered a wealthy guy.....even if you have less money in your bank than your counterparts in India or other places...this is due to the standard of living in USA is expensive.

    With the global economy and Infosys hiring US Citizens, I am not sure where where the job market is going, but I feel for the next 50-60 years US is still the place to live, since it has a very strong economy. With that perspective I believe a little struggle is acceptable.....

    GC is out there for all of us...keep the hope alive...



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  • pd_recapturing
    10-17 10:17 AM
    As I said before, I am willing to spend time (and of course money) to go and talk to anyone who can help us in this regard. Though, I am not in this situation but who knows. Guys, pls come forward and participate in this very very imp campaign.




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  • vsk74
    01-05 12:54 PM
    Hi,

    I applied for labor certification in Dec2004 .I got a 45 day letter 6 months back.My application in Philadelphia back log center.When i am seeing the status it is showing IN PROCESS.Can anyone tell me what will be the time frame after receiving 45 day letter.Intially i applied from FLORIDA.Can anyone tell me wat is current processing time.



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  • Green.Tech
    06-23 11:03 AM
    well, i just made my first payment for $100 thru paypal

    Receipt ID: 14F00794MF330594S

    Thanks dingdong12!

    Folks - Please continue contributing!




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  • natrajs
    07-18 09:23 PM
    Contributed $ 100 Yesterday , and Will do Again

    Thank Q You All



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  • greyhair
    04-29 04:06 PM
    Just called Scott Brown and Senator Greg. The person who picked up the phone in Scott Brown offcie noted my name and address. He said he will give my message to the Senator. The lady in Judd Gregg office said that Senator has not yet decided on the immigration proposal but she said the Senator appreciates the call. She did not ask my details but said that the Senator has supported immigration bills in the past. They both sounded very positive.

    Printed out the post and I will continue to call all Senators.




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  • Gravitation
    05-01 02:12 PM
    I have some black dots in my Control Panel? What is the meaning of a black dot?

    And how does one give black dot to some one? When I try to add reputation to a post, I can only see I approve or I disapprove options. I would imagine I approve=green and I disapprove=red. Where does a black dot fit into this scheme?

    The gray dots come when you get either approval/disapproval from somebody who has:
    less than 30 posts.
    overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.



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  • June05
    07-14 01:56 PM
    Done.

    Conf # 7YB2M-N5ZJC

    Amount $10 - me and my wife.




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  • nyte_crawler
    04-25 05:25 PM
    Seriously it is impossible to change anything with the back-dated 100k applications. The only thing that could be done is help the future immigrants in a much better fashion. The only solution I see is, apply this rule after 1/1/2006. By applying this rule to back-dated applications will only create more chaos. Why would anybody would want to change the line again, because it is a different situation now. I would'nt. If that is the case, then USCIS should withdraw all their approved out-of-line GCs during 2004, atleast the retrogression will not be this bad. The best idea would be to wait and see if the current bill makes it out to the president with all the amendments included. That should relieve some or most of the retrogression.




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  • Jimi_Hendrix
    11-21 10:49 AM
    Time: 3pm
    Conference Dial-In: (712) 432-3000
    Conference Bridge: 227974
    Topic for Discussion:
    � Organizing teams for meeting recently elected politicians
    � Create a presentation/script before meeting congressional representative�s office
    � Call the congressional person to organize a meeting
    � Possible opportunities to create a booth for signing up IV members




    jonty_11
    07-06 02:02 PM
    They posted the revised bulletin in a hurry. They should have done this on July 2nd. The actual july bulletin consists FB dates and other dates.
    i think they did revise it on July 2nd..didnt they?




    Milind123
    09-13 07:55 PM
    milind123...
    U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!

    GO IV!!!

    Thank you vandanaverdia. People who have never contributed please take this chance to contribute. Just need two more people to help me equal my yesterday's personal contribution.

    BTW why is the third person the most difficult to get? If my memory serves me correct, it is easy to start a round and also close it. Where are you 'the elusive third'?



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