Wednesday, June 15, 2011

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  • govindk
    07-11 08:15 AM
    it is really a good news for EB2-I :)




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  • Green.Tech
    06-18 11:54 AM
    Today's Funding Drive Requirements, We are looking for


    Two 500$ heroes (EB1) or
    Ten 100$ heroes (EB2) or
    Twenty 50$ heroes (EB3) or
    Any combination of above* Classification is for fun, no offense

    Good one wandmaker!

    Got one hero today (thanks pointlesswait)...Where are other heroes?




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

    Good luck.

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


    (a) S corporation defined.

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

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

    (b) Small business corporation.

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

    (A) have more than 100 shareholders,

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

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

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

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

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

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

    (D) a DISC or former DISC.

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

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

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

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

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

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

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

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

    (c) Presumption rebutted.

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

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

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

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

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

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

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

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

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




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


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

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




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  • Sunx_2004
    05-13 11:44 PM
    This is strange, They are saying your I 140 get denied on the date it was approved...
    What was the result of second MTR, Is that dismissed too...

    I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009



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  • Lacris
    08-17 09:07 PM
    Hi,

    Did anyone get a SSN with their passport expired?
    My passport expired in April and the Romanian embassy doesn't renew passports for people who are not US permanent residents or citizens. What I could do was to make a letter of representation for someone in my country, get it certified at one of the Romanian consulates and send all the ORIGINAL documents thru mail in Romania. Since I'm a full time graduate student, even finding time to go to the nearest consulate was almost impossible. I was also worried that we might be asked to show up for an interview and would not have documents like passport or marriage certificate in hand. I talked to the lawyer and she said that if I don't plan to travel abroad, not having a valid passport is ok.

    Yesterday I got the plastic card and today I went to apply for a SSN. The lady I talked to refused to take my application, saying that my Romanian passport is considered an "immigration document" and until I have an unexpired one, I should not try to get a SSN. Call me crazy, but since I am a permanent resident doesn't it mean I don't have to leave USA unless I want to???? And even more, how can a document issued by a foreign country be an immigration document, since I'm not applying for SSN based on a visa stamped in that passport.

    If anyone went thru the same situation or has some advice for me, please answer.
    Thank you




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  • willwin
    07-11 11:18 AM
    Nothing against EB2 or other, at least let them enjoy the freedom.

    It is really frustrating, because of the mistake by the attorney or stupid company policy etc, people like us with pd 2001 etc waiting on EB3. In my case I had PG with 7 yrs exp when filing, but for the stupid lawyer and company policy. putting aside the original classification of categories, given the present scenario, Not sure what way EB2 is better than EB3

    Paskal is watching you! EB3 deserves this. I am EB3 India 2005, in for a looooong wait for another decade? May be.

    And, BTW is somebody hijacking this thread?!?! Not me, Paskal!



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  • GCard_Dream
    07-19 02:50 PM
    Confirmation Number: 1RS188876V717273E

    Made another $100 contribution today. I hope that all members now realize that IV is doing a great job of addressing our issues and finally coming up with some results. This is just the beginning and the member contribution will determine how much more IV can accomplish. If we all don't join forces and contribute one way or the other, 8 or 10 core members alone can't do much.

    Membership and their contribution is the real strength of core team and if either one of those dries up, IV will no longer exist and all EB folks will once again become the step child of immigration process and no one will care about us. We have a voice now through IV, people know that we exist and realize the legal immigration process is badly broken and needs repair. Government and politicians have taken notice and agree that there is a problem with legal immigration. This is very significant. If we would like to continue this fight, contribution is a must.

    For those who are still hesitating to contribute, there is always that F5 (refresh) key which you can keep pressing and hope that some how pressing that F5 key enough times will result in some relief. You folks have more faith on that F5 key than IV and I wish you good luck with your green card process. Once you do get your green card, please let us know how many times did you have to press that key to get a green card. That will set the bar for the future generation of EB applicants.




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  • ashutrip
    06-21 01:16 PM
    Link to post at IV (http://immigrationvoice.org/forum/showpost.php?p=86268&postcount=5)
    http://www.youtube.com/watch?v=TCbFEgFajGU



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  • sandy_anand
    06-16 12:58 PM
    If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

    I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

    Here is the info :
    email : Perm.DFLC@dol.gov
    Phone : 404-893-0101

    Thanks
    Champak (Same as 1 and 2)

    Champak, I'm in the same boat as yours. Called the Atlanta number and left a message with my case number. My attorney sent an email this week. I have also asked my employer to do the same. Maybe I'll take your advice and send them an email too.




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  • ronhira
    07-06 02:02 AM
    I agree, what did I do for IV for the past few months, nothing. Responded to one or two threads. Been very busy at work and was not able to contribute constructively to this organization. I am wondering how many of us are in this same boat, what are we all actually doing in helping the organization from either volunteering, getting more people to open their eyes and recognize a problem and organize and mobilize people. I have been trying for the past 4 years and its not easy and not always successful. To see the leadership team constantly juggling between work and working on different initiatives and putting in self less hours really requires appreciation. Now I think its worth asking ourselves, how much have we done or are willing to do to take us to where all of us want to be IMHO.

    let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault



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  • vactorboy29
    07-20 11:14 PM
    Check this web site and do ur calculations;


    http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm

    Thanks,
    Ashish




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  • vinabath
    07-20 03:21 PM
    So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).

    No offence intended but cool off.

    You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.



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  • skark
    03-05 08:09 AM
    On our 485's and my AP over the last 3 days...pd->aug 02




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  • ItIsNotFunny
    03-12 03:46 PM
    I already did. I just dont like this DONOR based thread idea.

    Appreciate it. Lets not use hard language and insult each other. Keep in mind, united we stand.



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  • snathan
    08-24 12:16 AM
    Context is everything

    And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal

    And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities

    You made my day....but you can do better. Come up with somthing make sense.:D

    I never knew all these so called multinational executives work for noble cause...hilarious




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  • Macaca
    09-14 06:25 PM
    Foreign workers with skills find open door After waffling, the U.S. suspends the wait to apply for green cards (http://immigrationvoice.org/forum/showpost.php?p=127944&postcount=788) By Teresa Watanabe (teresa.watanabe@latimes.com) | Times Staff Writer, July 21, 2007



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  • satishku_2000
    07-05 05:09 PM
    Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.

    Going to meet Congress Congresswoman Eshoo staff next week.


    If you are not aware of campaign finance laws , get in touch with them and make em aware of the mistake you made and you should get your check back if you are not a citizen or PR.




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  • ilwaiting
    04-25 11:37 AM
    H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.

    So I would think it would very wise to be given a PD based on when a person started working on "H"

    Coming in through H1 does'nt show your intention of becoming a permanent resident of this country. It only happens when the LC is applied. Although the entry date is an ingenious way, it will only create more issues. Now some one who comes in F1 can also ask for the same benefit when they move to H1, to take their entry date in F1 as their priority date. I believe the culprits are the labor substitution and the labor certification sales. Those are unfair. Stop labor substitutions, and if they need one, then use the 140 RD as the PD. That should solve most of the problems and people from using labor sub to jump the line.




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  • eb3_nepa
    07-14 02:45 PM
    I am trying to pay thru PNC Bank. When trying to add IV, there are 2 options. One is With number and the second Without number.

    eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.


    Can anyone using PNC bank please help Caliber? Surely someone or the other uses PNC bank on here.




    chi_shark
    02-23 12:51 PM
    people,

    i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?

    --shark




    lonedesi
    06-21 11:22 AM
    Guys, please continue to leave voice messages, emailing & faxing those idiots at Atlanta PERM center who moved the staff to do other work like processing h2b cases. We need to be persistent if we need any positive outcome. Would those idiots who reassigned staff to do other work, now turn around and help us be reassigining more staff to clear the backlogs? We need to keep questioning them and bombard them with emails, fax and phone calls. It is very important that we act now, if not you all know how delicate of situation we are all finding ourselves in. Please call/email/fax everyone at Atlanta DOL, DOL secratary Elaine Chao and also Assistant Secretary Emily Stover DeRocco.

    Contact Details:
    The Honorable Elaine L. Chao
    Secretary of U.S. Department of Labor
    200 Constitution Ave., NW
    Washington, DC 20210

    Elaine Chao's email is: secretaryelainechao@dol.gov
    Phone number: 202-693-6000
    Fax number for Office of the Secretary: 202-693-6111
    ------------------------------------------------------

    U.S. Department of Labor
    Employment and Training Administration
    Harris Tower
    233 Peachtree Street, Suite 410
    Atlanta, Georgia 30303
    Phone: (404) 893-0101
    Fax: (404) 893-4642
    Email1: PLC.Atlanta@dol.gov
    Email2: Perm.DFLC@dol.gov

    ------------------------------------------------------

    Key personnel at ETA
    Assistant Secretary Emily Stover DeRocco (202) 693-2700
    Deputy Assistant Secretary Douglas F. Small
    Deputy Assistant Secretary Mason Bishop (202) 693-2700
    Email: etapagemaster@dol.gov



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