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  • HV000
    07-22 12:28 PM
    NY/NJ/CT/MA Members -

    Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.

    Obviously, Sen.Obama does not care much for Indians!




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  • bsbawa10
    02-19 01:57 AM
    Trust me, my friend - I surely believe in systematic movement and by this june/july it will be Dec05 or beyond. Dates for EB2 have stayed around apr04 for really longer and then suddenly to 06. Very few perms were cleared in 05 (as per your posting). It should logivcally be past 2005 , never to go back.BTW ,we missed GC last aug/sept lotto

    Me too. Actually , when the movement is not systematic and the gates are wide open, then they randomly pick up the cases and approve whatever file comes to them. The ones with older PDs suffer a lot while the ones with new ones get their GCs.




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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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  • fundo14
    07-15 03:47 PM
    Sent $10 by online check from Citibank

    Reference Number: 10186



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  • rb_248
    01-06 09:13 AM
    His speech was contradicting at some instances. However, what I could conclude was that Indian and Chinese workers can be trained well and are more flexible than American workers. If you listen the speech again with this trainability factor (which he did not consider in his study), his contradicting assertations makes sense.




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  • SkilledWorker4GC
    07-15 11:23 AM
    ^^^^^



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  • pankajkakkar
    08-08 02:49 PM
    After reading the op-ed by Pankaj, I had the following questions: Has the SKIL bill already passed the Senate? I know it is included as part of CIR. But, what happens if CIR gets thrown out?

    There are five possibilities, as far as I can think:

    1. The House does absolutely nothing. CIR sits unenforced (it's not law until the House passes an identical bill). We continue to suffer. Highly unlikely, since there is a lot of pressure to do *something*.

    2. The House passes SKIL by itself. In this case, the Senate will have to revote on SKIL by itself, and then SKIL would be a law by itself. CIR will be irrelevant. We will get what we want. Somewhat likely, if (3) or (4) doesn't happen.

    3. The House and Senate conference to come up with a bill. SKIL is discarded in conference. The House and Senate will have to revote on the bill. CIR will be irrelevant. We will continue to suffer. I think this is somewhat unlikely. If there is a conference, big business with it's deep pockets will have its way. Big business supports SKIL.

    4. The House and Senate conference to come up with a bill. SKIL is included in conference. The House and Senate will have to revote on the bill. CIR will be irrelevant. We will get what we want. I think this is the most likely possibility, although timing is very uncertain (it may not happen until spring of next year).

    5. The House passes CIR identical to the Senate bill. CIR will be law. We will get what we want. Highly unlikely.

    Pankaj




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  • bkn96
    11-25 08:39 PM
    Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal

    ***********
    CIS issuing illegal AOS denials based on I-140 revocations

    Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
    These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
    been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
    continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.

    Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.

    *************************



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  • somegchuh
    01-04 04:33 PM
    I see that a lot of us feel really stuck because of the long GC process and yet we continue to wait. Eventually we all want to have:
    1. Freedom to switch jobs
    2. Freedom to start businesses
    3. Freedom to travel
    4. Freedom to have spouse working

    I hope and pray that it comes thru sooner than later for all of us. Let's say you get your GC in 1-2-x years. How many years after that would you go back? 2-3 or wait till you get US citizenship? Would you give up the GC after having spent 5+ years waiting and maybe a total of 8-10+ years in US?

    For those of us who are thinking that I want to go back eventually, what steps do you plan to take once you get your GC? The reason I raise this question is, it was easy to adapt to a new place when you were young. 6-10 years later (and a couple of kids later :-) what are some of the things you intend to do make your transition homewards easier? Has anyone considered taking on positions with significant travel to India(or your home country) so that you can get accustomed to the lifestyle/work environment/business back home?




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  • krishmunn
    02-24 10:00 AM
    If one can handle stress, anxiety and trauma while waiting for GC, then its worth waiting. If not, people like me start looking at options. I applied for Canadian PR in 2008 and just did CDN landing last week which gave my family feel of "cold weather".
    I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.

    We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.

    Bhattji

    I am planning to do the same ... apply for CDN PR. How much time did it take for you ? Also, much time do they allow for landing ? Do you need a US Visa to return after CDN Landing ?



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  • WeShallOvercome
    06-18 07:09 PM
    contributed $50 via paypal




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  • GayatriS
    01-05 08:22 PM
    I don't think there are contradictions. I have read his Businessweek articles. He is researching ways for America to remain competetive and believes that skilled immigrants who get permanent residence are the key.

    Listen to the last minute of the video and you will see what his message is.



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  • amdavad
    03-14 07:47 AM
    We received RI. Recruitment period is from 03/19 to 04/18. It seems thing are moving.

    MA/10-2003/TR




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  • karan2004m
    01-05 08:39 PM
    ya just because u need green card, you agree with professor sahib. once u get ur green card u will also talk bad about india and indian workers.. i think gone r days when it was a cheap labor.. do u think our education systems/colleges IIT's/REC's are crap.
    just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..


    I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.

    Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY

    Gayatri



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  • ItIsNotFunny
    10-21 03:34 PM
    Thank you for doing this.

    Welcome. Anyways, someone can start with Z as I can only send to 5 people in one message.




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  • paskal
    07-22 07:44 PM
    I am glad to see sked A here. I have been following this forum for a long time now and there is nothing for healthcare prof though the discussions were very helpful. As I can see it, the july VB put benefits on those going through AOS but as a result those whom I know who are scheduled for interview in their home countries in AUg. was cancelled.


    august was always going to be unavailable, come what may...
    The AOS reversal did not change availability of visa numbers.
    this whole thing needs a more permanent solution



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  • JunRN
    08-08 11:04 PM
    Did you pay using the new fee for I-140? I did.




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  • hazishak
    07-18 07:19 PM
    What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
    Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..

    PD has to be current in order to get the RD advantage.




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  • villamonte6100
    04-01 09:53 AM
    Alright Guys, Let's ignore this Dard-e-disco guy he doesn't deserve a second of our time. To answer your question, one thing atleast USCIS can give us is, Release data like How many applications they have already received from Major Green Card Seeking countries and in which EB categories. All this data they would have entered in their computers, They can easily run these kind of reports, I'm sure they'll be having some Data Warehousing softwares. So atleast everybody of know where we stand today and stop predicting cut-off dates etc. etc.
    They can also make sure they send our APs and EADs in less than 90 days....

    Why ignore him? He's got a very valid point. You can't just abuse USCIS everytime your GC is delayed. Our GCs are delayed too.

    IV is trying its best to help resolve this issue but that's all we can really do. We are aliens on a foreign land. If we don't like the way things are going here, we can always go back to our country. We are free to go.

    Blaming USCIS will not help. Dura Lex Sed Lex (The law is hard, but it's the law).




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    07-14 08:35 PM
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    diptam
    07-06 10:50 AM
    See - lets not fight within ourselves. We both have the same cause but expressing differently.

    Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)

    Chat with you later - got a meeting.

    Let me tell you one thing for clearly. I know that this is a hot button issue in both agencies right now. If you read Zoe Lofgren's letter, both secretaries have to answer her questions and it will be a press release as well. We need to make it a public story, but NOT by digging our own hole. Boat 1 is better for me, If I know for sure that Boat 2 will drown me in the ocean. In the heat of the moment, you might not see the consequences of the security lapse rumors.

    The established truth so far is

    USCIS used all the numbers ahead of time and shut the door on highly skilled immigrants on day one
    DOS revised its July 2007 visa bulletin on day one 1, which has not happened in a long time or never.

    The wind mill stories are

    Some law firms started hallucinating that the security checks were never done. They themselves do not know for sure. If you go and look towards the end of the blog post where it originated, he asks for confirmation instead of telling his resources.

    Do you know that there were people who got their GC in 45-60 days last year? I know some personally. The security check and how they say its done or not done has always been esoteric to us. Last year, some one put up the blog of a Taiwanese guy who got labor,140,485 approved in a span of 5-6 months. How can this happen? AFAIK, all the people who got their GC's have PD's like 2003 and 2004. Please do not sling mud, when we do not know for sure, esp when the issues are of paramount importance like security. I will leave things for your discretion.



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