santb1975
05-24 11:02 PM
Every time we work on a bill we move a step forward. We have come a long way in the past 2 years. Some bills came and went and did not bring us any relief but that should not stop us from working hard when we see the next window of opportunity.
Thanks for the information. Bills come and go every year, hard to count how many we have seen go up in the air in the last 3 years.
Thanks for the information. Bills come and go every year, hard to count how many we have seen go up in the air in the last 3 years.
wallpaper rest in peace poems for a friend. peace poem rest rip you
snathan
08-23 02:33 PM
There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?
How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?
How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.
skark
03-05 08:09 AM
On our 485's and my AP over the last 3 days...pd->aug 02
2011 est friend poems for boys; rest in peace poems for a friend. Rest in peace.
asanghi
01-03 02:00 PM
More than 4 years ago when I started the process I really was looking forward to getting a GC and eventually citizenship. But a lot has changed in the last 4 years. GC process has become much harder (after 4 years I am yet to file for 140 and 485). At the same time the economy back home is booming. So the financial incentive to go thru the long process is really going down by the day.
More than the financial factor, I have gradually started realizing that no matter how many friends I make here its never the same as having a large family network that provides for social stability for each family. Also, I have started observing aging indian couples in US who came in 60's and 70's. They look pretty lonely and sad. I guess the question I am asking myself today is, is finanical success today worth the social loss I will face once I retire?
PS: Does anyone know how to turn a thread into a poll?
When my labor approval came, I was very happy and even bought a house. But then retrogression happened. Now I am really tired of it, besides I only can watch my nephews nieces growing through webcam only. My brother sisters are getting older, and I feel I am drifting away from them because I hardly get much time to spend with them even when I go to India. So GC or no GC, I am going back.
Now I am here for 2 reasons, my wife is studying, I am stuck with a house. My wife's studies are almost over. So as soon as I can break even on my house, I will go back. Period.
My wife couldn't get an internship this year due to not having GC. She has converted to F1 after waiting for a long time, and hopefully this year will get an H1. So GC has no real value for me now. Only value GC has for me is that I can live more independently switch employers, experiment with startup ideas etc. while I am here.
More than the financial factor, I have gradually started realizing that no matter how many friends I make here its never the same as having a large family network that provides for social stability for each family. Also, I have started observing aging indian couples in US who came in 60's and 70's. They look pretty lonely and sad. I guess the question I am asking myself today is, is finanical success today worth the social loss I will face once I retire?
PS: Does anyone know how to turn a thread into a poll?
When my labor approval came, I was very happy and even bought a house. But then retrogression happened. Now I am really tired of it, besides I only can watch my nephews nieces growing through webcam only. My brother sisters are getting older, and I feel I am drifting away from them because I hardly get much time to spend with them even when I go to India. So GC or no GC, I am going back.
Now I am here for 2 reasons, my wife is studying, I am stuck with a house. My wife's studies are almost over. So as soon as I can break even on my house, I will go back. Period.
My wife couldn't get an internship this year due to not having GC. She has converted to F1 after waiting for a long time, and hopefully this year will get an H1. So GC has no real value for me now. Only value GC has for me is that I can live more independently switch employers, experiment with startup ideas etc. while I am here.
more...
Suva
07-15 10:58 AM
Scheduled $5 every month...
viva
02-10 12:07 PM
Folks,
I know this has been discussed in the past on this and other message boards but I wanted to hear some more opinions about it. What is the value of green card to you?
I know different ppl have different reasons like ability to switch jobs, ability to travel freely, ability to have a job for spouse etc. All said and done how many of you would like to go back to your home countries in the next 5-6 years? I know a lot of people have issues such as aging parents back home or they simply don't see themselves living in a foreign land forever. I guess my question is what percentage of ppl aspiring for a GC view it as a convenience vs percentage of ppl who actually see it as a path to settling down in US for good.
Thanks
While I have been an ardent supporter of the IV core team, I have begun to reflect on why we are not reaching our required targets in contribution. I think there are two reasons. Firstly, we need to reveal how much money we need. This would give people an idea of how much is needed and how much needs to be contributed. Otherwise, people may assume that we are not spending their previous contributions wisely and are always asking for contributions. This becomes even more true because we do not have any actual results to show for our efforts. Ok, this in any way does not demean the efforts of the whole organization so far, but the world runs on results and judges you by it.
The second reason may the overzealousness with which logiclife posts his messages for contributions. While I understand his frustration, his overzealousness may be perceived as arrogance by some. Rather than sending e-mails and overzealous posts, we need to re-invent our strategy for seeking contributions. While I don't have the answers on what the right strategy should be, what we are doing right now is clearly not working. Perhaps, we can begin with logiclife toning down his overzealousness in his postings for contributions.
Just my two cents.....
I know this has been discussed in the past on this and other message boards but I wanted to hear some more opinions about it. What is the value of green card to you?
I know different ppl have different reasons like ability to switch jobs, ability to travel freely, ability to have a job for spouse etc. All said and done how many of you would like to go back to your home countries in the next 5-6 years? I know a lot of people have issues such as aging parents back home or they simply don't see themselves living in a foreign land forever. I guess my question is what percentage of ppl aspiring for a GC view it as a convenience vs percentage of ppl who actually see it as a path to settling down in US for good.
Thanks
While I have been an ardent supporter of the IV core team, I have begun to reflect on why we are not reaching our required targets in contribution. I think there are two reasons. Firstly, we need to reveal how much money we need. This would give people an idea of how much is needed and how much needs to be contributed. Otherwise, people may assume that we are not spending their previous contributions wisely and are always asking for contributions. This becomes even more true because we do not have any actual results to show for our efforts. Ok, this in any way does not demean the efforts of the whole organization so far, but the world runs on results and judges you by it.
The second reason may the overzealousness with which logiclife posts his messages for contributions. While I understand his frustration, his overzealousness may be perceived as arrogance by some. Rather than sending e-mails and overzealous posts, we need to re-invent our strategy for seeking contributions. While I don't have the answers on what the right strategy should be, what we are doing right now is clearly not working. Perhaps, we can begin with logiclife toning down his overzealousness in his postings for contributions.
Just my two cents.....
more...
yoda
09-13 03:00 PM
Sent this to Boston Globe and the largest TV Channel of NH (WMUR Channel 9)
2010 rest in peace poems for a friend. Rest In Peace Poem; Rest In Peace Poem
bskrishna
07-11 02:32 PM
bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:
I do not think CIS has that much smartness in them. Different sections seem to go about the motions on their own schedule. They seem to be an uncoordinated bunch so far.
I do not think CIS has that much smartness in them. Different sections seem to go about the motions on their own schedule. They seem to be an uncoordinated bunch so far.
more...
mirage
08-16 08:40 AM
guys, Please send out these letters....
------------------------------------------
To, 08/15/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it’s been nearly a “Decade” since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn’t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there’s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
------------------------------------------
To, 08/15/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it’s been nearly a “Decade” since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn’t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there’s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
hair rest in peace poems for a friend. Rest In Peace Elizabeth,
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!
...
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!
more...
cheg
07-23 04:03 PM
"my PD were current in 2005.
One thing is confirmed:
When PD are "current" they approve cases based on RD.
My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth."
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
One thing is confirmed:
When PD are "current" they approve cases based on RD.
My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth."
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
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02-27 02:38 PM
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Providing an covering letter along with a copy of your supporting documents
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09-09 12:22 AM
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rongha_2000
04-30 03:40 PM
These guys are so pathetic. Have they heard a concept of "Digracing from Issue". We had better debates in my college competitions.
Committee members, dont mix issues and derail our hopes, please...!!
Aaaahhhhhh.... they are talking about delay in getting H1B visa and something like that ... guyssssssssssssssssss
Committee members, dont mix issues and derail our hopes, please...!!
Aaaahhhhhh.... they are talking about delay in getting H1B visa and something like that ... guyssssssssssssssssss
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learning01
04-26 09:58 AM
You stated dual intent immigrants. In letter and spirit.
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)
Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)
Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D
dresses Rest In Peace
waitforevergc
06-11 10:18 AM
All,
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
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himu73
07-11 12:40 PM
Is this the same bulletin as in uscis website. I dont see the August bulletin on Uscis website and the EB2 PD is still April 2004
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amitjoey
05-06 12:21 PM
Any sample letters to Senators with the 'text' outlined for this current cause?
I'm thinking duly signed letters have more impact.
We have sent letters in the past only to get a standard CANNED answer. It is my opinion that the letters we send do not have any impact, cos as soon as they see "Immigration" as the subject, they (staff) sends the standard letter they have definining the position back.
I do not mean to discourage you, but the need of the hour is to call all the senators. There are 100 of them.
If you were going to do something in addition to the phone calls, Please set up an appointment w/the senator or staff and do a 20 minute Powerpoint presentation. That is more effective.
I'm thinking duly signed letters have more impact.
We have sent letters in the past only to get a standard CANNED answer. It is my opinion that the letters we send do not have any impact, cos as soon as they see "Immigration" as the subject, they (staff) sends the standard letter they have definining the position back.
I do not mean to discourage you, but the need of the hour is to call all the senators. There are 100 of them.
If you were going to do something in addition to the phone calls, Please set up an appointment w/the senator or staff and do a 20 minute Powerpoint presentation. That is more effective.
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prasha98
07-14 11:52 PM
Conf. Number: 7YCCW-WSP5K
conundrum
04-30 03:13 PM
The member from Chicago is mainly concerned about the family based limits. He wants to know what the limit is or if there is a cap in the first place
ronhira
07-06 02:06 AM
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
and hence a jesus is born. but let me ask you this - if nothing will come out of lobbying effort, then why is every tom dick and harry spending more and more money on lobbying. if lobbying won't work, what should we do.
wwbd - what would bawa do?
and hence a jesus is born. but let me ask you this - if nothing will come out of lobbying effort, then why is every tom dick and harry spending more and more money on lobbying. if lobbying won't work, what should we do.
wwbd - what would bawa do?
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