gctest
09-13 04:46 PM
Dost.. tum to bade hi budhu ho.... dawa karao apne dimag ki.... ya ho sakta hai ki tum EB3 ho.
Needless to say.. u are not very intelligent.
I will see how you react when the entire 12 million illegals get chance to file in EB3 and your Eb3 bulletin dates goes to 1968.
I guess you are from NumbersUSA trying to create diffs between EB2 and EB3. Nice try, its not going to work.
If you are not then you need a vacation.
Needless to say.. u are not very intelligent.
I will see how you react when the entire 12 million illegals get chance to file in EB3 and your Eb3 bulletin dates goes to 1968.
I guess you are from NumbersUSA trying to create diffs between EB2 and EB3. Nice try, its not going to work.
If you are not then you need a vacation.
wallpaper Free New Year Desktop
slammer
07-11 06:27 AM
Here's the link
http://mumbai.usconsulate.gov/cut_off_dates.html
No good news for EB 3 WW ?!
Rita
http://mumbai.usconsulate.gov/cut_off_dates.html
No good news for EB 3 WW ?!
Rita
dhirajs98
01-22 09:12 AM
Received Date on my I-797 for my I-140 is 07/23/2007 and notice date is 08/20/07.
My I-140 is pending in NSC since last July 07. I asked my lawyer's office to check the status. USCIS replied back saying the receipt date in their database is 08/20/07 and it will take long time as they received alot of applications in July 07. USCIS asked my lawyer's office to contact after 45 days.
I thought they should process my I-140 based on the received date mentioned on I-797 but that is not true it seems.
Any idea guys? Anyone faced this issue? Please suggest, is there anything I can do to ask USCIS to process my app based on receipt date?
Also please share the phone number of NSC and sequence of keys to be pressed to reach to the customer service.
Thanks,
-D
My I-140 is pending in NSC since last July 07. I asked my lawyer's office to check the status. USCIS replied back saying the receipt date in their database is 08/20/07 and it will take long time as they received alot of applications in July 07. USCIS asked my lawyer's office to contact after 45 days.
I thought they should process my I-140 based on the received date mentioned on I-797 but that is not true it seems.
Any idea guys? Anyone faced this issue? Please suggest, is there anything I can do to ask USCIS to process my app based on receipt date?
Also please share the phone number of NSC and sequence of keys to be pressed to reach to the customer service.
Thanks,
-D
2011 Free New Year Desktop
nyte_crawler
04-25 01:06 PM
It's hard to believe that folks dont know anything about the Green-Card process when they come in. Let us say that you are right on, but they would have eventually figured it out by the end of couple years. I believe it is the situations like layoffs, move from one company to other for better prospects and salary will make them to enter the process late. It is their personal choice and I don't question that. But I believe they had options to apply for GC early in the process and they did not. So why penalize others who did before them. Please don't think Iam saying this because I entered late. I came during early 1998 and I did wait for 4 years to apply.
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
more...
gc_kaavaali
07-14 11:06 PM
come on guys!!!! contributed atleast $5
gc_kaavaali
06-24 12:18 PM
I have been living in US for 5 years. I came on H1B and applied for labor in NJ in 2003. Spent $1000 for labor. Later i had to change employers because of employer problems. Then i applied my labor with new employer in 2005 march. i worked with this guy around 4 years. Applied 485 in july. I took permanent position on EAD. Here are the problems if they don't give me GC:
1) Problem is i am stuck at Senior Software Engineer. I cannot take lead position because of pending 485 application. So that means person who doesn't know anything about our application will lead us. From organization point of view that person is waste. It is really waste of money. See how many people are in this situation and see how much money this country is losing.
2) Because of excess use of human resources in particular organization It also leads scarcity of human resources.
3) My company will pay for my EAD and AP cost. It is waste of money.
4) I may not want to go to India because i may scared if USCIS send any details when i am in india. That means i don't use my vacation. I will try to get money instead of vacation. This is also loss for an organization. Not much spending on tourism.
5) Suppose if i am on H1B, my employer has to bear cost. It is waste of money. I know for USCIS it might revenue but they also incur additional cost to adjudicate my H1B petition.
No doubt being in america i have better life. But US also gaining so much out of us.
1) Problem is i am stuck at Senior Software Engineer. I cannot take lead position because of pending 485 application. So that means person who doesn't know anything about our application will lead us. From organization point of view that person is waste. It is really waste of money. See how many people are in this situation and see how much money this country is losing.
2) Because of excess use of human resources in particular organization It also leads scarcity of human resources.
3) My company will pay for my EAD and AP cost. It is waste of money.
4) I may not want to go to India because i may scared if USCIS send any details when i am in india. That means i don't use my vacation. I will try to get money instead of vacation. This is also loss for an organization. Not much spending on tourism.
5) Suppose if i am on H1B, my employer has to bear cost. It is waste of money. I know for USCIS it might revenue but they also incur additional cost to adjudicate my H1B petition.
No doubt being in america i have better life. But US also gaining so much out of us.
more...
sri1309
03-13 01:28 PM
While we work in different directions for the same goal, please write to Zoe and others that we can help reduce the housing crisis, create jobs.
Please find addresses at the bottom who to send.
Sub: Legal immigrants Quota Problem: Employment based EB2, EB3
Dear XXXX,
This is to once again thank you for your continuous efforts in making things move in the legal immigration front.
We would request you to bring HR 5882 to the table and hence help people waiting for so long get immediate relief. We think this is the best time to do it as there are so many waiting in long queues for so long and are unable to buy houses though they are at rock bottom prices now, or change companies as some of us would also like to, and start new companies and jobs. There are very much needed in this time of economic crisis. Applicants in EB3 and EB2 Employment based greencard category are severly backlogged.
The problem is mainly due to country based quotas and wastage of many greencards due to administrative delays over the years, as you know. This can easily be fixed with a simple administrative action and need not need to be done as part of the bigger comprehensive immigration bill. We too need a change.
Below are some statistics and details of the problem, just in case you missed a point.
1. High technology H1-B visas allowed into US = 85,000 H1B per year.
2. H1B quota limit per country = None, quota limits.
3. Greencard eligible candidates = All H1B holders
4. Total Employment Greencards = 145,000 per year.
5. Quota limits for greencards = 7% per country and each family member is counted as 1 visa.
6. H1 holders from India = 30,000 to 40,000 per year.
7. Greencards available for India by quota limits = 2000 � 3000 per year.
8. People waiting in Queues = 37,000 � 38,000 per year.
9. Estimated wait = 10- 15 years per life.
10. Estimated loss of productivity = unlimited.
11. Loss of health and health related issues due to these worries = incalculable.
Consequences:
1. EB3 Employment based category from India is severely backlogged,
2. Number of applicants in Queues waiting to buy house = 300,000
3. Number of applicants in Queues buying a house now = 0.
4. Money spent by applicants on rent per year = $6 billion
5. Number of applicants having Citizen children born in US = 80%
6. Number of applicants unable to start own companies(as they are tied to employer all the time due to greencard sponsorship)
= 30-40%
7. Applicants disappointed and leaving US = 10-15%
8. Applicants planning to come back after retirement who take with them US Citizens who will sponsor them = everybody who is leaving US right now with Citizen kids
9. Burden on social security and healthcare by applicants in point 7 = billions of dollars.
10. Severe pain for everyone wasting time on worries and uncertainity.
11. Many people thinking of returning back, very disappointed.
Solution
Please provide immediate relief. We are still holding our bags in hands even after 5-10 years of playing it by law after applying for greencards. Please respect liberty and freedom and let that happen to legal applicants.
1. Please remove country quotas for greencards immediately to make waiting less for legal employer based EB2/EB3 applicants from India in long queues ALREADY in US for years.
2. This needs No new jobs or Visas. It�s just a simple fix to help bring joy to some legal immigrants and give them freedom to contribute more.
3. Please provide greencards for any legal employment based applicant who lived in US for atleast 5 years and is waiting for more than 5 years and paid taxes and live like a good American Citizen.
4. Please provide Citizenship for anyone who lived in US for 10 years and played by the rules all the time and paid taxes.
5. This will help people buy houses that are so cheap now which will pump in $40 billion even if 50% people buy houses.
6. Construction jobs increase as people start buying houses.
7. Manufacturing and auto industry improves as people start buying cars again due to renewed confidence. Else they continue to adjust with their old cars for now.
8. A fee of $1000-$3000 can be applied for premium processing which can generate $1.5 billion instantly.
9. Stop the distribution of 50000 diversity greencards lottery per year immediately. This is bad in the current times, when people are waiting in legal queues for ever.
10. Issue greencards immediately to anyone who did PhD in US and to Masters Students.. They will be more productive if you help here.
11. Please don�t wait for CIR to have these. This is a small admin fix, no new visas or jobs.
Please let us feel respected for playing by the rules. It will come back to the American people in full gratitude in the form of jobs and renewed vigor.
WE TOO NEED A CHANGE NOW.
A positive action in this regard will be very highly appreciated.
God Bless America!
Thank you very much for your kind attention,
XXXXX,
Category : Employment based EB3 greencard category from India.
Priority Date : xx/xx/xxxx
To President its on change.gov site under Agenda-->Immigration.
Zoe' Lofgren's addresses are:
Priority Date : xx/xx/xxxx
District Office
635 North 1st Street, Suite B
San Jose, CA 95112
Telephone (408) 271-8700
Washington, D.C. Office
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Please find addresses at the bottom who to send.
Sub: Legal immigrants Quota Problem: Employment based EB2, EB3
Dear XXXX,
This is to once again thank you for your continuous efforts in making things move in the legal immigration front.
We would request you to bring HR 5882 to the table and hence help people waiting for so long get immediate relief. We think this is the best time to do it as there are so many waiting in long queues for so long and are unable to buy houses though they are at rock bottom prices now, or change companies as some of us would also like to, and start new companies and jobs. There are very much needed in this time of economic crisis. Applicants in EB3 and EB2 Employment based greencard category are severly backlogged.
The problem is mainly due to country based quotas and wastage of many greencards due to administrative delays over the years, as you know. This can easily be fixed with a simple administrative action and need not need to be done as part of the bigger comprehensive immigration bill. We too need a change.
Below are some statistics and details of the problem, just in case you missed a point.
1. High technology H1-B visas allowed into US = 85,000 H1B per year.
2. H1B quota limit per country = None, quota limits.
3. Greencard eligible candidates = All H1B holders
4. Total Employment Greencards = 145,000 per year.
5. Quota limits for greencards = 7% per country and each family member is counted as 1 visa.
6. H1 holders from India = 30,000 to 40,000 per year.
7. Greencards available for India by quota limits = 2000 � 3000 per year.
8. People waiting in Queues = 37,000 � 38,000 per year.
9. Estimated wait = 10- 15 years per life.
10. Estimated loss of productivity = unlimited.
11. Loss of health and health related issues due to these worries = incalculable.
Consequences:
1. EB3 Employment based category from India is severely backlogged,
2. Number of applicants in Queues waiting to buy house = 300,000
3. Number of applicants in Queues buying a house now = 0.
4. Money spent by applicants on rent per year = $6 billion
5. Number of applicants having Citizen children born in US = 80%
6. Number of applicants unable to start own companies(as they are tied to employer all the time due to greencard sponsorship)
= 30-40%
7. Applicants disappointed and leaving US = 10-15%
8. Applicants planning to come back after retirement who take with them US Citizens who will sponsor them = everybody who is leaving US right now with Citizen kids
9. Burden on social security and healthcare by applicants in point 7 = billions of dollars.
10. Severe pain for everyone wasting time on worries and uncertainity.
11. Many people thinking of returning back, very disappointed.
Solution
Please provide immediate relief. We are still holding our bags in hands even after 5-10 years of playing it by law after applying for greencards. Please respect liberty and freedom and let that happen to legal applicants.
1. Please remove country quotas for greencards immediately to make waiting less for legal employer based EB2/EB3 applicants from India in long queues ALREADY in US for years.
2. This needs No new jobs or Visas. It�s just a simple fix to help bring joy to some legal immigrants and give them freedom to contribute more.
3. Please provide greencards for any legal employment based applicant who lived in US for atleast 5 years and is waiting for more than 5 years and paid taxes and live like a good American Citizen.
4. Please provide Citizenship for anyone who lived in US for 10 years and played by the rules all the time and paid taxes.
5. This will help people buy houses that are so cheap now which will pump in $40 billion even if 50% people buy houses.
6. Construction jobs increase as people start buying houses.
7. Manufacturing and auto industry improves as people start buying cars again due to renewed confidence. Else they continue to adjust with their old cars for now.
8. A fee of $1000-$3000 can be applied for premium processing which can generate $1.5 billion instantly.
9. Stop the distribution of 50000 diversity greencards lottery per year immediately. This is bad in the current times, when people are waiting in legal queues for ever.
10. Issue greencards immediately to anyone who did PhD in US and to Masters Students.. They will be more productive if you help here.
11. Please don�t wait for CIR to have these. This is a small admin fix, no new visas or jobs.
Please let us feel respected for playing by the rules. It will come back to the American people in full gratitude in the form of jobs and renewed vigor.
WE TOO NEED A CHANGE NOW.
A positive action in this regard will be very highly appreciated.
God Bless America!
Thank you very much for your kind attention,
XXXXX,
Category : Employment based EB3 greencard category from India.
Priority Date : xx/xx/xxxx
To President its on change.gov site under Agenda-->Immigration.
Zoe' Lofgren's addresses are:
Priority Date : xx/xx/xxxx
District Office
635 North 1st Street, Suite B
San Jose, CA 95112
Telephone (408) 271-8700
Washington, D.C. Office
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
2010 New Year Wallpaper
hmehta
07-22 05:12 PM
Yes, me too - joined yahoo groups.
joined the yahoo group.
Others may put a message about their joining here.
joined the yahoo group.
Others may put a message about their joining here.
more...
kab_ayega
04-07 06:48 PM
Absolutely, the idea of doing a rally is what;s the need of the hour.
Illegels have showed up the way to make their voices heard at the center.
have we forgotten , rallies are not new to us, that how Gandhi fought independence.
We got to wake up come out of our comfort zones and small interests
look at the magnitude of teh problem.
If we dont stand up, they will do whatever they want to.
backlog will go in parallel with retrogression.......
calling senator , faxing ur views can help to convey ur message but we need
to be agressive
when they have a choice to discuss and decide on some matter
it will be illegals not us as they are ones who have created nuisance.
think what will happen to US economy if all of H1B holders stop working for a day, noone supporting their applications, data, security
they outght to take action only if we stand up...
i am in for any such kind of rallies,
place does not matter, you dont have to do it at the center only
as long as it can be conveyed through the media it will be heard.
email if anyone of you is willing to take this up in sothern california
Illegels have showed up the way to make their voices heard at the center.
have we forgotten , rallies are not new to us, that how Gandhi fought independence.
We got to wake up come out of our comfort zones and small interests
look at the magnitude of teh problem.
If we dont stand up, they will do whatever they want to.
backlog will go in parallel with retrogression.......
calling senator , faxing ur views can help to convey ur message but we need
to be agressive
when they have a choice to discuss and decide on some matter
it will be illegals not us as they are ones who have created nuisance.
think what will happen to US economy if all of H1B holders stop working for a day, noone supporting their applications, data, security
they outght to take action only if we stand up...
i am in for any such kind of rallies,
place does not matter, you dont have to do it at the center only
as long as it can be conveyed through the media it will be heard.
email if anyone of you is willing to take this up in sothern california
hair Happy New Year 2010! Desktop
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...
Green.Tech
06-03 05:09 PM
Bump!
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reddy_h
08-26 12:58 PM
I took out a loan from HDFC last year in India. Their service was decent and their rates were also low. No prepayment penalty after 1 year. You can check your balances online and they now offer electronic payments also. ICICI has higher rates, so I wouldn't recommend. SBI requires lot of paperwork and processing time, so you should weigh this in before approaching them.
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vinabath
07-20 03:43 PM
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
Again 'Chill out' dude. This has nothing to do with IV achievements. Please ignore this thread.
Again 'Chill out' dude. This has nothing to do with IV achievements. Please ignore this thread.
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drirshad
06-10 08:19 AM
I was watching one of these stand up comedy:
The guy says, why do the diamond companies come out with logos like
Diamonds are forever, just say Diamonds - that will shut her up.
The EB-GC is like the diamond for us buddies, it will sure shut us up.
We already have lost a decade of our lives in this grinding be it another, ain't got anything better to do.
The guy says, why do the diamond companies come out with logos like
Diamonds are forever, just say Diamonds - that will shut her up.
The EB-GC is like the diamond for us buddies, it will sure shut us up.
We already have lost a decade of our lives in this grinding be it another, ain't got anything better to do.
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raysaikat
01-08 05:33 PM
and why, pray, does your esteemed school keep accepting students from these so called "sub-standard" colleges in india? i would say 5-7 years of observed emperical evidence calls for some substantial action on your and your school's part in black-listing these institutions........so, either:
1. you are blowing smoke through eveyone's a** here or
2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....
P.S - i am not from one of these schools so no personal stake!
For 2. However, it is not really about greed, but necessity.
1. you are blowing smoke through eveyone's a** here or
2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....
P.S - i am not from one of these schools so no personal stake!
For 2. However, it is not really about greed, but necessity.
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jonty_11
12-13 02:04 PM
I think there are many ways to look at it. Doing Free service , yes it is a form of Gandhigiri, but will that cause the lawmakers to recognize us and pass laws in favor o fus..I do not think so.
I think our situation is no different than people in South Africa in Gandhian times. How Gandhi fought for them is by writing and writing and pestering the Authorities to reduce unfair taxes on Indians in SA and to solve other problems they had like cannot ride in the same Trains/cars as Whites etc...., fighting for their rights in a Vocal but Non Voilent - non aggressive approach.
We, in this post , have equated Gandhigiri with - divide ur attention - Go Do MBA- be occupied with something else while u are retrogressed, furthur ur career/skills,,,etc I do not think that is what Gandhigiri is about i.e. doing something for the self, but instead do it for the community. In this case IV is our community and its leaders are doing the right thing for our cause and if we continue to support that by adding members, funds we will do a fair bit of gandhigiri towards our cause.
I think our situation is no different than people in South Africa in Gandhian times. How Gandhi fought for them is by writing and writing and pestering the Authorities to reduce unfair taxes on Indians in SA and to solve other problems they had like cannot ride in the same Trains/cars as Whites etc...., fighting for their rights in a Vocal but Non Voilent - non aggressive approach.
We, in this post , have equated Gandhigiri with - divide ur attention - Go Do MBA- be occupied with something else while u are retrogressed, furthur ur career/skills,,,etc I do not think that is what Gandhigiri is about i.e. doing something for the self, but instead do it for the community. In this case IV is our community and its leaders are doing the right thing for our cause and if we continue to support that by adding members, funds we will do a fair bit of gandhigiri towards our cause.
more...
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gk_2000
08-23 02:45 PM
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.
It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
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learning01
04-26 10:41 AM
Bkarnik:
I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants
- in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
- in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
- in labor clearance and
- in GC Process (visa numbers, etc)
Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.
You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.
I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.
From US Embassy in Canada for visa stamping requirements:
WILL I QUALIFY FOR A VISA?
In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)
I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants
- in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
- in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
- in labor clearance and
- in GC Process (visa numbers, etc)
Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.
You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.
I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.
From US Embassy in Canada for visa stamping requirements:
WILL I QUALIFY FOR A VISA?
In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)
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r_mistry
01-14 11:13 AM
How can we find out the current processing date for AP ?
You can check the dates on this link,
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Hope this helps,
You can check the dates on this link,
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Hope this helps,
Alien
03-12 10:31 PM
Its not a rumor. This is real. Coming to think abt it, he had filed a labor in 2000/2001 time period and had abandoned it when he switched companies. I am wondering if USCIS takes the oldest one an applicant had ever filed.
sidbee
03-17 07:36 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.
Dont make news , which is not true.
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.
Dont make news , which is not true.
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