Jerrome
01-10 10:55 AM
I have been reading all the posts, in my opinion we all came here broadly because of 2 reasons.
a) Want to earn more money
We have considered our parents are of Middle Class family and We wanted to be the UPPER Class parents to our childern.
b) Want to achieve Career Goals.
We have always considered US is the place where you would find the latest of everything ex. Car, Electronics, Life Style etc.. We wanted to enjoy.
When time passed these things have got changed in our home country, But at the same time we could not make a decision because of other factors which would influence our Decision.
In my opinion IF YOU have become a US citizen MENTALLY then you don't think of going back, You have to ask this question to your self. AM i a US Citizen Mentally or Indian Citizen?. If the answer is Yes to US Citizen then having Green card or not having does not matter, you would stick to US and won't think of going back.
The problem lies with people like me Who could not find a answer to the Question So simply because of following reasons.
a) Professional Life
I like to work in US because, i can spend more time with family, i don't have to drive a lot to go to work, i can leave at 6 every day.
b) Personal Life
I am afraid because i dont like the family or personal life style here is US. I COULD NOT accustom myself to this life style and i am afraid What if my Kids started behaving like American youngster at his/her 20s and 30s, i am afraid about my 60s.
c) How much($$$$) do i need to Settle in India.
when i came to US at first i thought i would go back to india if i have 1 crore, but when time goes by, i came to know that now a days in india people who have 1 Crore are considered as Middle Class, The ultimate reason for me to come here to us is to become UPPER CLASS but the TARGET keeps slipping. Somehow i could not conclude how much i need to go back to INDIA.
So i am also confused like you guys.
a) Want to earn more money
We have considered our parents are of Middle Class family and We wanted to be the UPPER Class parents to our childern.
b) Want to achieve Career Goals.
We have always considered US is the place where you would find the latest of everything ex. Car, Electronics, Life Style etc.. We wanted to enjoy.
When time passed these things have got changed in our home country, But at the same time we could not make a decision because of other factors which would influence our Decision.
In my opinion IF YOU have become a US citizen MENTALLY then you don't think of going back, You have to ask this question to your self. AM i a US Citizen Mentally or Indian Citizen?. If the answer is Yes to US Citizen then having Green card or not having does not matter, you would stick to US and won't think of going back.
The problem lies with people like me Who could not find a answer to the Question So simply because of following reasons.
a) Professional Life
I like to work in US because, i can spend more time with family, i don't have to drive a lot to go to work, i can leave at 6 every day.
b) Personal Life
I am afraid because i dont like the family or personal life style here is US. I COULD NOT accustom myself to this life style and i am afraid What if my Kids started behaving like American youngster at his/her 20s and 30s, i am afraid about my 60s.
c) How much($$$$) do i need to Settle in India.
when i came to US at first i thought i would go back to india if i have 1 crore, but when time goes by, i came to know that now a days in india people who have 1 Crore are considered as Middle Class, The ultimate reason for me to come here to us is to become UPPER CLASS but the TARGET keeps slipping. Somehow i could not conclude how much i need to go back to INDIA.
So i am also confused like you guys.
wallpaper Group Caricatures and Cartoons
amits
07-18 02:05 PM
Yesterday I contributed $500 one time.
Today I have scheduled $50 per month as well.
I agree with those who say IV should start taking a Membership Fee. Even a token amount of membership fee like $10 per month would make a huge difference.
Core team, request you to please consider this suggestion very seriously.
Thanks!
Today I have scheduled $50 per month as well.
I agree with those who say IV should start taking a Membership Fee. Even a token amount of membership fee like $10 per month would make a huge difference.
Core team, request you to please consider this suggestion very seriously.
Thanks!
gctest
09-13 09:56 PM
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
Delete this moron's login.. I bet he has a substitute eb2 labor himself - talk about morality
- $ 50 monthly to IV since June 2006
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
Delete this moron's login.. I bet he has a substitute eb2 labor himself - talk about morality
- $ 50 monthly to IV since June 2006
2011 Paris Hilton caricature
villamonte6100
04-01 02:19 PM
Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...
Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.
Think about that.
Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.
Think about that.
more...
bestofall
07-14 12:56 PM
here is my response thru my Bank Onlie pay
Immigration Voice
Immigration Voice
$ 5.00 07/18/2008 7Y9YG-2BT90
Please Help IV to help us
Thanks
Bestofall
PD-EB2 Mar 2005 India
AP-EAD received
Immigration Voice
Immigration Voice
$ 5.00 07/18/2008 7Y9YG-2BT90
Please Help IV to help us
Thanks
Bestofall
PD-EB2 Mar 2005 India
AP-EAD received
lonedesi
08-05 12:17 PM
^^^^^
more...
Jimi_Hendrix
10-26 05:42 PM
Why you need to support legal immigration reforms?
I am a legal immigrant to United States and my permanent residency application is pending because of backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of undocumented workers, insufficient resources, procedural inefficiencies and poor understanding of the legal immigration problem by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models because they enter the country legally. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter. While majority of immigrants are skill-based immigrants in top immigration-friendly countries, in the USA skill-based immigration constitutes a minority of immigrants. The lack of adequate immigration benefits is often cited as one of the factors promoting illegal immigration. It is clear that the current system is antiquated and needs a major overhaul.
Lately, an awareness campaign has been launched by Immigration Voice (6,400 strong group representing skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Comprehensive Immigration Reform is frozen in view of approaching elections and earlier political deadlock. It is expected that Congress will be attend to pending immigration needs after the elections. In the meantime, it is imperative to garner support for legal immigration reform. After all, the efficiency of the legal immigration system will encourage future generation of immigrants to come to America legally. Will the average American citizen support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
=============
published on nov 16, 2006
http://news.ncmonline.com/news/view_article.html?article_id=86f99ab1b7774fc7f6a26 f10eb4183ba
I am a legal immigrant to United States and my permanent residency application is pending because of backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of undocumented workers, insufficient resources, procedural inefficiencies and poor understanding of the legal immigration problem by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models because they enter the country legally. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter. While majority of immigrants are skill-based immigrants in top immigration-friendly countries, in the USA skill-based immigration constitutes a minority of immigrants. The lack of adequate immigration benefits is often cited as one of the factors promoting illegal immigration. It is clear that the current system is antiquated and needs a major overhaul.
Lately, an awareness campaign has been launched by Immigration Voice (6,400 strong group representing skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Comprehensive Immigration Reform is frozen in view of approaching elections and earlier political deadlock. It is expected that Congress will be attend to pending immigration needs after the elections. In the meantime, it is imperative to garner support for legal immigration reform. After all, the efficiency of the legal immigration system will encourage future generation of immigrants to come to America legally. Will the average American citizen support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
=============
published on nov 16, 2006
http://news.ncmonline.com/news/view_article.html?article_id=86f99ab1b7774fc7f6a26 f10eb4183ba
2010 Hot Funny Club
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...
mayitbesoon
10-08 09:41 AM
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
hair frame for your caricature.
gg10004
03-17 11:38 PM
Just a question. Why would you file jointly if your wife doesn't work (i.e. doesn't have SSN)?
--- if you really meant to ask---
Simple answer - More standard deduction with one more dependant as wife
IRS made it mandatory to use SSN because illegal immigrants use ITIN to file taxes. This affected the legal immigrants also where ITIN is used in case of dependants who dont have work visa. If you are not legally eligible to work, you dont get SSN.
The two options left for legal immigrants are -
File separate returns one for self with ssn and another for wife using ITIN and calim one stimulus rebate for 600$
but then you get single standard deduction and your AGI is more that affects your federal and state tax.
If you do the math, its better to file a joint return and forego the stimulus rebate.
There is a catch too, if wife later gets EAD and thus SSN, you can ammend your tax return and claim the stimuls rebate
--- if you really meant to ask---
Simple answer - More standard deduction with one more dependant as wife
IRS made it mandatory to use SSN because illegal immigrants use ITIN to file taxes. This affected the legal immigrants also where ITIN is used in case of dependants who dont have work visa. If you are not legally eligible to work, you dont get SSN.
The two options left for legal immigrants are -
File separate returns one for self with ssn and another for wife using ITIN and calim one stimulus rebate for 600$
but then you get single standard deduction and your AGI is more that affects your federal and state tax.
If you do the math, its better to file a joint return and forego the stimulus rebate.
There is a catch too, if wife later gets EAD and thus SSN, you can ammend your tax return and claim the stimuls rebate
more...
KanME
07-05 07:43 PM
Not sure if any one has suggested, but IV should make a video question and post it; UTUBE and CNN have joinmed hands to create a VIDEO questionnaire for all Candidated, i guess some responsible person(S) should ask this question to both Republican and Democrats...
hot celebrity caricatures
AabTuAgaGC
01-04 12:24 PM
I am a July 27th filer, got email that AP approved Dec 20th. Not recieved it physically yet.
I filed on July 27th as well, but have received nothing. Not even a LUD. I have travel plans for Feb 2nd. All reservations done, ticket issued, leave approved, but still no AP:mad: What should I do:mad::mad::mad:
I filed on July 27th as well, but have received nothing. Not even a LUD. I have travel plans for Feb 2nd. All reservations done, ticket issued, leave approved, but still no AP:mad: What should I do:mad::mad::mad:
more...
house caricature is Tom Colicchio
murali3000
08-25 10:13 PM
Indian market is expected to go down till 2010 .
If the inflation does not improve, it may continue until 2014.
Next year in india we can expect home credit crisis ( like USA). - more chances with this current economy.
The current prices in Hyd ,Blore, Chennai are artifical booms. - it will come for a correction.
But for sure, if you buy a property you CANNOTexpect that to go up by 500 or 700 % up in a year.
But real estate is always a good investment in life.
And on your question - i think SBI you can get loan from here
If the inflation does not improve, it may continue until 2014.
Next year in india we can expect home credit crisis ( like USA). - more chances with this current economy.
The current prices in Hyd ,Blore, Chennai are artifical booms. - it will come for a correction.
But for sure, if you buy a property you CANNOTexpect that to go up by 500 or 700 % up in a year.
But real estate is always a good investment in life.
And on your question - i think SBI you can get loan from here
tattoo funny cartoon caricature. funny cartoon caricature. out incredible funny i;
jfredr
07-24 12:11 PM
Is it a credit card or Green card?
both are good enjoy.
both are good enjoy.
more...
pictures penelope cruz caricature
Libra
09-11 10:52 AM
thanks jandyala
dresses when drawing caricatures?
SDdesi
08-12 01:15 PM
My wife works in a company where a good number of IT folks are staffed by INFY. The poor quality of work made the company think about not extending INFY's contract. But then it came out in the open that there was no documentation on how the applications were built, etc. INFY got wind of this, and now they have positioned themselves in the organization where without them, this company's IT would collapse.
There are many such stories of outsourcing firms that are holding client companies hostage. Though I do not agree with the bill, I think the bill brings back some ethics into play. Especially the L1 loophole.
I squarely blame it on the company for not requiring INFY to document everything. There is such a thing as process or quality control. They have painted themselves into a corner. Having said that, companies will take advantage of this situation. Its just plain business...
There are many such stories of outsourcing firms that are holding client companies hostage. Though I do not agree with the bill, I think the bill brings back some ethics into play. Especially the L1 loophole.
I squarely blame it on the company for not requiring INFY to document everything. There is such a thing as process or quality control. They have painted themselves into a corner. Having said that, companies will take advantage of this situation. Its just plain business...
more...
makeup 25 Funny Caricature Paintings
kaisersose
07-11 11:44 AM
In my opinion, the most likely reason why EB2 India dates have been advanced to June 2006 is to help consular posts. CP filers can get their interviews now.
girlfriend funny cartoon caricature.
spicy_guy
10-22 12:21 PM
I filed my EB2 with the same employer. Did not get any RFE for PERM Labor. I have M.S degree from US. I am in the same job role from the beginning (Web Developer).
When did you apply? Status?
When did you apply? Status?
hairstyles /cartoon-item/article/2009
mbawa2574
07-07 07:47 PM
Can Patton Boggs do better? Haven't we had more legislative success, I mean traction, when we partnered with Quinn Gillespie? Are we receiving sound advice on which of our grievances require legislative action and which ones can be redressed by a mere change in policy on the part of the executive? It looks like most of our current problems were not ushered in by any new law, but rather by a stroke of a pen in a memo by the incompetent and indifferent INS, USCIS, DOL and the State Department. No change in law was needed to make then deny us concurrent filing in Oct 2005 and allow it in July 2007. No change in law was required to deny us visa revalidation. One could argue that no change in law is required to belatedly use unused visas from the previous years. The list goes on. It should be easier to lobby a handful of buffoons in the executive branch with real power than 500+ buffoons on Capitol Hill. Has Patton Boggs served us well?
We are hitting the wrong doors. We are not doing anything which gives us some visibility with media and politicians or administration. Time is running out guys
We are hitting the wrong doors. We are not doing anything which gives us some visibility with media and politicians or administration. Time is running out guys
Libra
09-11 12:15 PM
thank you param_r, ritu_raj and kittu1991 for your contributions.
tinamatthew
07-22 10:09 AM
Hi Scedule A!
I am RN from Moldova, waiting for DS230 approval since October 2006.
Are there anyone in the same situation?
It seems to me that no one care about nurses on this forum. So I decided to highlight the problem briefly.
Why should nurses have their personal immigration schedule and different faster line?
1 - The shortage of nurses is more severe then ever in the US history. The fact is confirmed by DOS, The American Hospital Asociation, and the Coalition to Improve Healthcare Staffing.
2 - Existing mechanisms are not able to improve the situation, Vice versa, the situation is going to be vorce in the near future.
3 - Healthcare is one of the most relevant aspects of national economy, because it affects all other spheres of the economy.
4 - The preimmigration qualifining process for nurses is long, expensive, and complicated. Aproximately 2 - 3 years (CP or CES, NCLEX-RN, IELTS, or TOEFL+TSE) long, and $5000 - $7000 cost. If we add these 2-3 years to the period of immigration we will have outstanding 5 - 9 years of waiting! And we should bare in mind that this is the only way for nurses.
5 - From the last 50000 visas for Schedule A only 17000 were used by nurses and PT, other were used by their spouses and children. So the actual number of nurses intered the US is realy small.
The situation is critical!
As far as I see the problem, the only choice for us is allocation of visa numbers(recaptured or new) directly for schedule A. All other options are not good enought either for nurses or for the US Healthcare, because now we are in EB3 and have to compete with other professionals in the respective category. So we have to wait for 4 -5 years to get our CG. And practicaly, as I mentioned above, the GC is the only option for nurses, because emploiers do not want to sponsor us for a non immigrant visas.
Actually nurses have the H1c visa, but there are only 500 a year and only 14 hospitals in the whole country can apply for these visas. These visas last 3 years and after that the nurse has to leave the country. Not that employers don't want to apply for visas, it is just that many nursing positions DO NOT qualify for H1B! So the only viable option for nurses is the GC!
Cornin recent ammendment was too good to became true! It was awful to read that it was defeated...
Nurses, where are you?!
Please, reply and share your opinions.
Good points chisinau
Actually nurses have the H1c visa, but there are only 500 a year and only 14 hospitals in the whole country can apply for these visas. These visas last 3 years and after that the nurse has to leave the country. Not that employers don't want to apply for visas, it is just that many nursing positions DO NOT qualify for H1B! So the only viable option is the GC
Will the July visa bulletin help you in anyway?
I am RN from Moldova, waiting for DS230 approval since October 2006.
Are there anyone in the same situation?
It seems to me that no one care about nurses on this forum. So I decided to highlight the problem briefly.
Why should nurses have their personal immigration schedule and different faster line?
1 - The shortage of nurses is more severe then ever in the US history. The fact is confirmed by DOS, The American Hospital Asociation, and the Coalition to Improve Healthcare Staffing.
2 - Existing mechanisms are not able to improve the situation, Vice versa, the situation is going to be vorce in the near future.
3 - Healthcare is one of the most relevant aspects of national economy, because it affects all other spheres of the economy.
4 - The preimmigration qualifining process for nurses is long, expensive, and complicated. Aproximately 2 - 3 years (CP or CES, NCLEX-RN, IELTS, or TOEFL+TSE) long, and $5000 - $7000 cost. If we add these 2-3 years to the period of immigration we will have outstanding 5 - 9 years of waiting! And we should bare in mind that this is the only way for nurses.
5 - From the last 50000 visas for Schedule A only 17000 were used by nurses and PT, other were used by their spouses and children. So the actual number of nurses intered the US is realy small.
The situation is critical!
As far as I see the problem, the only choice for us is allocation of visa numbers(recaptured or new) directly for schedule A. All other options are not good enought either for nurses or for the US Healthcare, because now we are in EB3 and have to compete with other professionals in the respective category. So we have to wait for 4 -5 years to get our CG. And practicaly, as I mentioned above, the GC is the only option for nurses, because emploiers do not want to sponsor us for a non immigrant visas.
Actually nurses have the H1c visa, but there are only 500 a year and only 14 hospitals in the whole country can apply for these visas. These visas last 3 years and after that the nurse has to leave the country. Not that employers don't want to apply for visas, it is just that many nursing positions DO NOT qualify for H1B! So the only viable option for nurses is the GC!
Cornin recent ammendment was too good to became true! It was awful to read that it was defeated...
Nurses, where are you?!
Please, reply and share your opinions.
Good points chisinau
Actually nurses have the H1c visa, but there are only 500 a year and only 14 hospitals in the whole country can apply for these visas. These visas last 3 years and after that the nurse has to leave the country. Not that employers don't want to apply for visas, it is just that many nursing positions DO NOT qualify for H1B! So the only viable option is the GC
Will the July visa bulletin help you in anyway?
No comments:
Post a Comment