roseball
08-23 09:49 AM
AFAIK, this memo only applies to those I-140 petitions which do NOT require a labor certification approval. It does NOT apply to EB-2 Advanced degree holder petitions which require a certified labor and BS + 5 yrs or MS + 0 yrs of experience.
Though, for now, most of us who are filing in EB-2 Advanced degree holder category have nothing to worry, this definitely looks like a targeted approach where they are coming after everybody, one category at a time. So its just a matter of time it seems when they come up with something which targets everyone...
As per Matthew Oh's blog, this will be adopted on Sep 3rd.
Though, for now, most of us who are filing in EB-2 Advanced degree holder category have nothing to worry, this definitely looks like a targeted approach where they are coming after everybody, one category at a time. So its just a matter of time it seems when they come up with something which targets everyone...
As per Matthew Oh's blog, this will be adopted on Sep 3rd.
wallpaper VW Golf Mk3 GTi 3dr
aycy
04-01 12:00 AM
Yesterday I sent an e-mail to Secretary Chao indicating poor performance of Philadelphia Backlog Processing Center.
I have done that many times and all she did was referred me to head of foreign Labor certification. She knows what is happening but she could not do anything about it because her hands are tied due to the limited budget allocated for foreign labor certification. Very ironic don't you think. :mad:
I have done that many times and all she did was referred me to head of foreign Labor certification. She knows what is happening but she could not do anything about it because her hands are tied due to the limited budget allocated for foreign labor certification. Very ironic don't you think. :mad:
bayarea07
03-17 07:17 PM
Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
2011 Images VW Golf mk3
kak1978
08-25 11:17 PM
Try IDBI, they have good rates.
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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'?
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'?
arnab221
06-20 10:50 AM
My employer is a big wall street investment bank, and they have filed my PERM on May 14th.
The trend for PERM certification at Atlanta, as per my employer is between 90-120 days. Because they handled so many PERM cases at Atlanta, they know this trend.
Nothing muck we can do here. Just pray and hope for the best.
PRAYING WILL NOT HELP : God and the US helps those who help themselves . :D
The trend for PERM certification at Atlanta, as per my employer is between 90-120 days. Because they handled so many PERM cases at Atlanta, they know this trend.
Nothing muck we can do here. Just pray and hope for the best.
PRAYING WILL NOT HELP : God and the US helps those who help themselves . :D
more...
aerady
05-09 05:40 PM
I have been a victim of this rule implemented by DMV. On Texas the rule is like this. If you have Visa validity embedded on your DL, you will get a letter before 'Valid till Date period' on DL to show proof of approved I-797. In TX your approved petition you need to satisfy two conditions (1) When you go to DMV office, your approved I-797 should have atleast 6 months validity (2) The period on your I-797 should be more than one year. If you disqualify on any of these, they will suspend your license until you show a I-797 that satisfies the above two conditions.
So, My case is like this:-
My TX driving license(Valid till 2017) was suspended by DMV when I went(I tried online but it didn't work) for address change on 5/8/2010 saying that I don�t have a H1B visa which is valid for more than 6 months (Valid till 10/26/2010 � approx 5 months and 20 days) at the time of my visit for Address change.
I quit driving after that and my employer applied for Visa extension and they got the visa approval from 10/27/2010 to 9/19/2011. I got the approved petition from USCIS on 2/15/2011.
I went to the DMV office on 2/16/2011 and again DMV denied me license saying that even though the visa is now valid for 8 months, the total period for which the visa I got is less than 1 year(10/27/2010 to 9/19/2011 =11 months)
I am on 6+ years on US and my employer is processing my green card. USCIS will give only 1 year or less increment H1B extension after the 6th year till I get my I-140 approved.
The USCIS processing time is 4 months to 6 months for visa extensions, which puts me in a loop like sometimes when I get the approved extension, I will not have 6 months validity from the time I receive the approved petition from USCIS OR USCIS may not give one full year extension.
I am literally stuck without driving for the last one year. I was driving in US from 2003 to 2010, I don't have any accident history, I pay taxes regularly and always been a good citizen, but see what I get back!
So, My case is like this:-
My TX driving license(Valid till 2017) was suspended by DMV when I went(I tried online but it didn't work) for address change on 5/8/2010 saying that I don�t have a H1B visa which is valid for more than 6 months (Valid till 10/26/2010 � approx 5 months and 20 days) at the time of my visit for Address change.
I quit driving after that and my employer applied for Visa extension and they got the visa approval from 10/27/2010 to 9/19/2011. I got the approved petition from USCIS on 2/15/2011.
I went to the DMV office on 2/16/2011 and again DMV denied me license saying that even though the visa is now valid for 8 months, the total period for which the visa I got is less than 1 year(10/27/2010 to 9/19/2011 =11 months)
I am on 6+ years on US and my employer is processing my green card. USCIS will give only 1 year or less increment H1B extension after the 6th year till I get my I-140 approved.
The USCIS processing time is 4 months to 6 months for visa extensions, which puts me in a loop like sometimes when I get the approved extension, I will not have 6 months validity from the time I receive the approved petition from USCIS OR USCIS may not give one full year extension.
I am literally stuck without driving for the last one year. I was driving in US from 2003 to 2010, I don't have any accident history, I pay taxes regularly and always been a good citizen, but see what I get back!
2010 Mk3 VW Golf – Roxy
nave_kum
08-13 06:33 PM
first: indulging in a completely useless dicussion
this is your prerogative but this forum really does have a purpose and a well defined goal. it behoves those who use it to be aligned with the goals of the organization, not completely obsessed with a receipt that is at best a tiny way station in a long journey.
second and this needs undivided attention- and rereading as many times as needed: personal attacks, offensive language and divisive fueds are against the policy of this forum. if you have a problem with this, read the posting guidelines. make sure you understand them completely.
third: junior and senior is nothing but a representation of the number of posts from a member. if the posts are nothing but self obsessed rantings, then senior is just a word that means nothing. posts can be approved or disapproved by members using the tools above. this results in green or red squares in front of a members name. that may be a better representation of other members opinions than just the number of posts.
fourth: those who live in glass houses do not ...do a lot of things frankly. you cannot complain about other's language or content if yours fails to meet the same criteria. i urge you to be civil in your tone and choose your words carefully. we are here to be a one united community working to end retrogression. not to rave and rant about each other, take or make sides, threaten (with what?), or endlessly obsses about dates and notices.
please by all means track your progress and give and take information.
but do it with some decorum.
many on this thread need to read this post carefully. please keep this forum a civil place and let's behave like the highly skilled immigrants we claim to be.
please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...
Very well said!!! Logically this thread with the title "June end and July 2nd filers receipts by monday" MUST NOT be here. Please delete it. Thats what Buddyinus was trying to point out. But ppl took it personally.
this is your prerogative but this forum really does have a purpose and a well defined goal. it behoves those who use it to be aligned with the goals of the organization, not completely obsessed with a receipt that is at best a tiny way station in a long journey.
second and this needs undivided attention- and rereading as many times as needed: personal attacks, offensive language and divisive fueds are against the policy of this forum. if you have a problem with this, read the posting guidelines. make sure you understand them completely.
third: junior and senior is nothing but a representation of the number of posts from a member. if the posts are nothing but self obsessed rantings, then senior is just a word that means nothing. posts can be approved or disapproved by members using the tools above. this results in green or red squares in front of a members name. that may be a better representation of other members opinions than just the number of posts.
fourth: those who live in glass houses do not ...do a lot of things frankly. you cannot complain about other's language or content if yours fails to meet the same criteria. i urge you to be civil in your tone and choose your words carefully. we are here to be a one united community working to end retrogression. not to rave and rant about each other, take or make sides, threaten (with what?), or endlessly obsses about dates and notices.
please by all means track your progress and give and take information.
but do it with some decorum.
many on this thread need to read this post carefully. please keep this forum a civil place and let's behave like the highly skilled immigrants we claim to be.
please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...
Very well said!!! Logically this thread with the title "June end and July 2nd filers receipts by monday" MUST NOT be here. Please delete it. Thats what Buddyinus was trying to point out. But ppl took it personally.
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skakodker
02-25 12:53 PM
It is easy and potentially justifiable to feel some frustration. As it relates to the green card, I am in a similar situation to most who visit and share their views on this board.
I view the Universe and everything that is contained therein to be perfect - there can be no imperfections. I find comfort in that thought and focus my attention on the following:
feeling grateful for all that I have; doing my work to the best of my ability; taking the risks I believe I should take; being resilient; enjoying my life more; being patient; caring more; comparing less
This is merely a statement of my beliefs - this works for me. It is not intended to offend anyone nor is it a solution to anyone's woes.
Good times, health, and happiness to all.
I view the Universe and everything that is contained therein to be perfect - there can be no imperfections. I find comfort in that thought and focus my attention on the following:
feeling grateful for all that I have; doing my work to the best of my ability; taking the risks I believe I should take; being resilient; enjoying my life more; being patient; caring more; comparing less
This is merely a statement of my beliefs - this works for me. It is not intended to offend anyone nor is it a solution to anyone's woes.
Good times, health, and happiness to all.
hair VW Golf Mk3 VR6 interior
coolngood4u80
12-12 01:37 PM
You will get your GC in 2011.
Which state are you in? Try other means of financing for the car. Sometimes the dealers themselves have options but might be a % or two higher.
There was a previous post regarding admisibility of EAD as one of the documents for DL. You might want to search for that post. I asume you dont have an H1b, right?
I am on H1 and I140 approved. Bank of american denied my car loan. Infact Honda Finance too denied my loan. Finally I had to go with Credit union who gave me very good APR for my excellent credit history. So there is a way out guys ..we just have to live with it untill we get our GC
Which state are you in? Try other means of financing for the car. Sometimes the dealers themselves have options but might be a % or two higher.
There was a previous post regarding admisibility of EAD as one of the documents for DL. You might want to search for that post. I asume you dont have an H1b, right?
I am on H1 and I140 approved. Bank of american denied my car loan. Infact Honda Finance too denied my loan. Finally I had to go with Credit union who gave me very good APR for my excellent credit history. So there is a way out guys ..we just have to live with it untill we get our GC
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srini1976
02-09 10:50 PM
The first bulletin with Eb1 and Eb2 spill over.
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
As per March 2009 visa bulletin EB2-China is already 15 Feb 05.
If USCIS repeats last year's pattern of spill over from April then both EB2 China and India move together.
As they move China's dates they need to move India's dates(both share the spill over as retrogressed countries).
Keep guessing on EB2-China's forward movement and most likely would be the same for EB2-India :)
Cheers,
Srini
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
As per March 2009 visa bulletin EB2-China is already 15 Feb 05.
If USCIS repeats last year's pattern of spill over from April then both EB2 China and India move together.
As they move China's dates they need to move India's dates(both share the spill over as retrogressed countries).
Keep guessing on EB2-China's forward movement and most likely would be the same for EB2-India :)
Cheers,
Srini
hot £8.54. SET SEAT RAIL GLIDES
gc_on_demand
04-30 02:47 PM
King says
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
rebukes USCIS and DOS for July 07 Visa Gate
Now talking about illegals. Finally shuts up and gives back to Lofgren
Lofgren introducing USCIS and DOS officials.
nixstor :)
Thank you .. keep posting..
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
rebukes USCIS and DOS for July 07 Visa Gate
Now talking about illegals. Finally shuts up and gives back to Lofgren
Lofgren introducing USCIS and DOS officials.
nixstor :)
Thank you .. keep posting..
more...
house The interior I#39;ve got is the
mrdelhiite
06-21 10:58 AM
no update filed Feb 23rd .. EB3 still pending :(
-M
-M
tattoo VW Golf Mk3 Estate V-Maxx
snathan
08-12 12:20 PM
I agree to gc28262. Back in 90s when outsourcing started, major Indian IT companies used to have a 50-50 onsite/offshoe component (for large clients/projects). This has now come down to 10-90 onsite/offshore because clients are getting the same level of service.
For example, it was once believed that DBAs must be located at client site. Now, we often see DBA support provided from India.
This causes too much load on the onsite person but who cares as long as there is a steady supply. The bill will simply change the model to 5-95 . Out of these 5 positions cut-down , 4 might be H1 but at least 1 is a citizen/LPR whose job will be eliminated. Along with that will go the number of services these 4 H1s were using in US and the amount they were contributing to US economy.
USCs who think this bill will create more jobs for Americans are living in a fools world.
I second this...they are thinking even the global warming is because of immigrants - H1B
For example, it was once believed that DBAs must be located at client site. Now, we often see DBA support provided from India.
This causes too much load on the onsite person but who cares as long as there is a steady supply. The bill will simply change the model to 5-95 . Out of these 5 positions cut-down , 4 might be H1 but at least 1 is a citizen/LPR whose job will be eliminated. Along with that will go the number of services these 4 H1s were using in US and the amount they were contributing to US economy.
USCs who think this bill will create more jobs for Americans are living in a fools world.
I second this...they are thinking even the global warming is because of immigrants - H1B
more...
pictures Mr. Big exista: VW Golf Mk3 by
swo
07-06 11:06 AM
I agree with you 100%.
The material damages to would-be July filers are a travesty. That is undeniable and deserves, at the minimum, material compensation.
But making the bulletins current in the first place, instead of a making a measured movement in the priority dates was like trying to fill a glass of water with a firehose. Broken glass and severe water damage were sure to follow.
Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
The material damages to would-be July filers are a travesty. That is undeniable and deserves, at the minimum, material compensation.
But making the bulletins current in the first place, instead of a making a measured movement in the priority dates was like trying to fill a glass of water with a firehose. Broken glass and severe water damage were sure to follow.
Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
dresses Vw Golf Mk3 Estate
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...
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Milind123
09-13 05:27 PM
Yesterday I contributed $300 and I hope I do better than that today, but I need help from all those people who have never contributed. So please pull the trigger. I am only one contribution (of $100) away from a first time contributor. As soon as I get that I will post my contribution. As soon as I do that sam2006 is going to make his contribution of $100.
Today I was hoping to exceed my contribution of $300 from yesterday. Looks like it is not goint to happen today. But it will be a bummer if I can't match yesterday's contribution.
We (GCNaseeb, sunty, bala our special guest and I) need just two more shooter to make a contribution of $100 who have never contributed before.
Today I was hoping to exceed my contribution of $300 from yesterday. Looks like it is not goint to happen today. But it will be a bummer if I can't match yesterday's contribution.
We (GCNaseeb, sunty, bala our special guest and I) need just two more shooter to make a contribution of $100 who have never contributed before.
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desi3933
09-15 11:49 AM
Mujhe to aam kahne se matlab hai... (As long as the visas are available, I don't care):D
I am with you and willing to share the cost.
Good Luck.
Abhi to saare aam khatam ho gaye hai.
(Translation - Right now all the visa numbers are gone for your PD).
I am with you and willing to share the cost.
Good Luck.
Abhi to saare aam khatam ho gaye hai.
(Translation - Right now all the visa numbers are gone for your PD).
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p7810456
02-08 05:04 PM
Guys
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
why is it a good thing?
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
why is it a good thing?
gc4me
07-06 12:56 PM
I see lots of frustration here. July fillers, you will definitely feel good after hearing my story. At least you are not in my situation. Read this: I was eligible to file in June under June visa bulletin. My deshi blood s^#$* employer did not provide me the letter in time. I am in my 7th year of H1B and they refused to provide my I-140 approval copy. I have the receipt# only. Attorney will not give it to me either. Now what should I do. You guys at lest will be able to file may be in future. What about me! Please suggest anyone!! Now I can not go to a new employer also! See, you are in better position than mine.
bigboy007
06-03 09:52 AM
Looks like but i went on to current text and just said what they want it to be , and got up with it. and hence i have posted the paragraphs of previous laws as well.
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