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  • jonty_11
    07-06 12:29 PM
    Have all those visas made available been used up so far by USCIS? I doubt it.
    They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS...

    Its a big scandal....Just to prevent us from filing...




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  • sertasheep
    08-03 09:49 PM
    Angel,

    You can write to me at 'sertasheep AT immigrationvoice DOT org' or poll any of the techie members here on how to create a blog. The suggestions would be to create a blog on blogger.com with a google account, as several of the other blogs (iv-tristate, iv-physicians, etc.,) are all on blogger.com.

    Please keep your profile updated so that we may contact you. We are glad to welcome Schedule A professionals into the IV community.

    Please support "paskal"(physician) in his efforts as he will be able to liaise with policy makers and influencers in the healthcare segment. iv-physicians.blogspot.com is one such effort- don't let the name dissuade you. As long as there are people who are willing to champion a particular cause (provided it is aligned with IV's core objectives and agenda, you can help make a difference, and help yourself as well!)

    Hey all,

    hope you guys have visited the IV physicians blogspot.It is very good.One of the bloggers mentioned about supporting such a move, but the question is how do we start.I myself is technlogically challenged so we have to get the expertise of the IT people.I think we should start now.




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  • drona
    07-30 12:45 PM
    gctoget, we are actually 39 members now. 24 is the new members that have joined since a week back. If you look at the members section on our yahoo groups we have more. Keep joining folks, we have become very active.




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  • gc_maine2
    04-04 10:27 AM
    :confused::confused:

    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!


    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

    Thanks
    sree



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  • SkilledWorker4GC
    07-11 12:41 PM
    :)Good News is Dates Moved and many of us with PD prior to Jun'06 might get our GC (Chances are less than 5%).

    :(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.




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  • 9years
    11-30 02:05 PM
    Just noticed there is an update on LUD on my previous EAD (not the current one). Not sure what that means though. Still waiting for response after sending interfiling letter.
    Thank you for the update. I don't have any updates or LUDs. Best of luck to you.



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  • dpp
    07-06 12:15 PM
    I have changed the thread title.

    Thanks, i don't want to confuse, but i just put something to post it initially.




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  • asdfred
    08-12 01:27 PM
    they are not approving h1s for consulting companies anyway
    2k more is not back breaking..the attitude and the politics of it are disturbing
    *edit



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  • GOTGC
    07-24 03:09 PM
    makes no sense.....

    EB3 India setp 2006 wasnt even current in Jun 2007....

    Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..

    Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
    Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..




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  • DSLStart
    09-10 09:30 AM
    EB2 dates moving back more than 5 years is really sickening. Lets just only hope that they've used and alloted visa numbers already to approvable cases and see approvals coming through...



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  • nareshg
    09-17 01:08 AM
    All the info here is great !!

    Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).

    I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!

    Thanks in advance.




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  • div_bell_2003
    02-10 08:52 PM
    OMG , what an utterly disgusting attitude !!! and on top of it, you are trying to "summarize" ???

    I tried to stop myself from posting on this thread since it's based on one guy's circumstances and though I feel sorry for him ( the same way I feel sorry for all the wives and their families being extorted huge sum of money in the name of marriage ) , it's hard to judge these things knowing only one side of the story.

    To each his own , but do you think your parents spent their whole lives bringing you up only to know that you think it's "legally" not right to help them monetarily ???? I guess, they should have not spent that extra money to send you to a good school/college or spend it on your tution classes and kicked you out of their house once you reach the age of 18 , like some parents do here ??? Man, it's hard for me to imagine how one can think like that about their parents.

    When someone gets married they should be grown up enough to handle the money matters and put their foot down in case of any unreasonable demands, it applies to both husband and wife. The intricacies of the "Indian arranged marriage" are difficult to understand and the equations vary from case to case, so it's better not to come to a judgement and come out with something utterly nonsensical.

    I'm sorry if my post is a bit rude , what rude comments beget rude reactions !


    To summarize the root causes now that we discussed:

    1. Parental interference to control their own child even after marriage. This is cause no 1 of this kind of tensions.

    2. Immaturity on the part of children, to let their parents control their feelings. (This is partly due to in arranged marriages, children are closer to parents than the spouse in initial years). This is no 2 issue. Children simply fail to understand they are no more part of their parents family. I honestly feel these people are not really ready for marriage or understand what marriage is.

    3. Money transactions. One side expecting money from other side which is not really acceptable. I will elaborate this point a bit more.

    4. In cases of couples settled in US/UK, parents know that couples are making a LOT more than by Indian standards. Hence to secure their own old age comfort, everyone tries to exert influence.

    On no 3, let us separate our "legal" obligations from "moral".

    Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money.

    If your parents needed monetary support then that they should have made clear to other parents at the time of marriage. Not after marriage. If its a love marriage, then the boy/girl should have clearly told this requirement to the other half.



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  • meimmi
    03-10 10:14 PM
    This is a very interesting topic. Can someone please clarify what are the pros/cons of C-corp vs S-corp? Is both treated as LLC?




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  • orangutan
    09-30 10:04 PM
    Probably those cars are of the people (GC applicants) who came to count the TSC employees cars.:D:D:D

    Yea..I saw many at parking lot but all junk cars.:p



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  • arkrish68
    03-04 03:08 PM
    There was LUD update on my i-485 on 02/05/2009 and 02/10/2009 with no change in the content of the message. Not sure what the update is for. Similarly there was LUD update on my wife's I-485 on 02/10/2009 and 02/11/2009 without any change in the content of the message.




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  • chanduv23
    02-24 09:54 AM
    The way this whole thing has turned out to be now is like a challenge or a race where there is no room for values or emotions or in general life and careers.

    Many people have taken this as part of life and looked at it as slow sailing clouds and trying to make the best out of it and it has been challenging at every stage.

    As such, life is not easy - anywhere in the world. Believe me. Those who get lucrative jobs in India or elsewhere does not necessarily mean they are doing great and better.

    The best one can make out of any situation is independent thinking and self introspection. Can we do something to make things better? Are our vlices heard loud? Is there anything that can be done? What have I contributed? have I done anything to make things better for us?

    It is we, who form the society and if we are suffering, we have to blame ourselves for our inaction. In tough situations, we need to come out of the "grass green on the other side" attitude and see how we can improve the situation ourselves.

    The way things have turned out to our kinds is that we have been set to fail - that is the kind of system we are in now.

    Apart from immigration, for an average American, burning issues are economy, jobs, terrorism, war and healthcare - a lot of people die because they cannot afford healthcare and reform is nowhere near.

    Can we all unite and make ourselves heard? Can we make ourselves credible enough that we are heard and a part of the process rather than kept away from it? The answer is in us and the choice is ours. Look at history on how were and how things changed. History is not only to study, one has to make history. Can we do it?



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  • fromnaija
    06-01 05:20 PM
    The date of the I-140 approval matters just in case the visa dates are retrogressed again before your case is adjudicated, in which case it will be better the longer the delay on your 140 approval. See examlpe 5 in raju123's posting above.

    Thank you for your response......

    Yes I believe paperwork will be filed for all my dependants concurrently. Does it even matter when the I140 is approved?
    It seems that under the new law his cutoff date is Jun 1 since that is when my priority date will be current so as long as he applies for a green card within one year he is ok.
    So if we apply concurrently when is his green card application deemed to have been applied for? When we file concurrently or only when and if the 140is approved.
    What do you think?




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  • Gravitation
    12-18 11:12 AM
    I'm a great believer in Gandhi's beliefs.

    They're not applicable in this situation however.

    You need to hunger-strike when your lawmakers don't listen to you when you have no representation.

    Here, lawmakers will listen if you know how to lobby.

    A lot of people try to copy Gandhi's actions literally. Copy the philosopy if you must, not the direct actions.




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  • maximus777
    06-11 10:25 AM
    In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.

    USCIS is a different beast altogether - it defies all logic!




    anujcb
    03-09 10:47 AM
    indio, which title are they ralking abt? right now?




    saileshdude
    07-11 11:51 AM
    I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.

    What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate



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