axp817
12-01 10:20 AM
Another soft LUD on the 485 today - this is the 4th soft LUD since 11/24.
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
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jthomas
06-11 01:32 AM
Can we collectively find alternatives to move to other countries or going back home. I really don't think anything is going to happen for EB-I
we should collectively aim our approach to get SSA back and use up other benifits
J thomas
we should collectively aim our approach to get SSA back and use up other benifits
J thomas
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scorion
01-06 12:07 PM
I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped
Hi,
I talked to my lawyer and she didn't mention about any kind of delay so can you please give me some more details about this PIM and how does it affect the whole process and slow things down.
Thanks a lot in advanced
Hi,
I talked to my lawyer and she didn't mention about any kind of delay so can you please give me some more details about this PIM and how does it affect the whole process and slow things down.
Thanks a lot in advanced
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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!
...
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...
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peacock
07-18 06:14 PM
hi
Contributed 100 dollars today and will be contributing more in the future.
We should all contribute to strengthen IV .
IV CORE ROCKS
Contributed 100 dollars today and will be contributing more in the future.
We should all contribute to strengthen IV .
IV CORE ROCKS
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gc_check
07-20 11:53 PM
Any one recently re-financed or obtained a mortgage loan with Bank of America or Wells Fargo. Both the banks denied loan stating not having a valid visa as a reason, though I have approved EAD with 485 pending and I-140 approved. I have contacted the customer support, since the loan was through the mortgage broker. The underwrite appears to not accept EAD as a valid status and asking to provide a copy of visa to purse further. Any one have any specific docs / links that might help other than the ones in this thread.
more...
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Green.Tech
06-10 08:39 PM
..on top!
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vjpmusa
07-15 06:37 PM
Done,
$5 for each family member. Thanks
Immigration Voice IV::$15.00::07/21/2008::7YFTT-Q6LM2::High5 donation vjpmusa
$5 for each family member. Thanks
Immigration Voice IV::$15.00::07/21/2008::7YFTT-Q6LM2::High5 donation vjpmusa
more...
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immig4me
05-14 09:11 AM
Don't wait any longer
Everyone must call
Thank You for helping Yourself
CALL Call call call Call CALL
Everyone must call
Thank You for helping Yourself
CALL Call call call Call CALL
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forgerator
12-10 04:35 PM
Kudos to USCIS though for keeping themselves employed. They have made such a mess of what could be a simple immigration planning process, by introducing layers upon layers of groupings, arbitrary allocation number limits and what not. A similar but perhaps even more complicated rocket science mess exists in another govt entity - the IRS.
more...
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vinabath
07-20 03:43 PM
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
Again 'Chill out' dude. This has nothing to do with IV achievements. Please ignore this thread.
Again 'Chill out' dude. This has nothing to do with IV achievements. Please ignore this thread.
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kumar1
08-20 11:28 PM
Missouri story - I was sent home by DMV office, reason, I was not carrying my latest Pay stubs. I hate these Midwestern states...they were sleeping before 9/11 and suddenly woke up and squeezed their asses. Can you imagine, ignorant DMV in Missouri gave me DL on B1/B2 visa in 2000? I showed them Passport as proof#1 and US visa as proof#2 and ignorant officer said...you are good to go! Now 7 years later, it is written in bold over there....
ONLY US CITIZENS walk away with DMV, rest everyone go through USCIS.
Just like in a desi shop in arm pit state New Jersey I saw this..."IN GOD WE TRUST, REST EVERYONE PAY CASH"
I knew I will have issues with DMV so I paid extra 1000 to get H1B premium and retained my privilege to drive. Believe me guys....this is America.....spend more...save more!
ONLY US CITIZENS walk away with DMV, rest everyone go through USCIS.
Just like in a desi shop in arm pit state New Jersey I saw this..."IN GOD WE TRUST, REST EVERYONE PAY CASH"
I knew I will have issues with DMV so I paid extra 1000 to get H1B premium and retained my privilege to drive. Believe me guys....this is America.....spend more...save more!
more...
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jthomas
08-13 06:50 PM
Since EB3- I is doomed can I apply for consular processing and move to canada since i recently got canadian green card. I have a EAD and AP and I am in H1B status too.
Gurus please suggest.
Maybe if many EB3-I guys would move to another country. Some actions may be seen.
EB3-I PD Oct 06
Gurus please suggest.
Maybe if many EB3-I guys would move to another country. Some actions may be seen.
EB3-I PD Oct 06
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ind_game
05-15 07:54 PM
For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.
Trust me. I am ready for Writ of Mandamus. But before filing it, I have to exhaust all the administrative procedures to make the case stronger in front of the Judge.
I have posted a link on murthy but no responses till now. Not even a single attorney responded.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=1671009981
Nobody has gone that far.
Trust me. I am ready for Writ of Mandamus. But before filing it, I have to exhaust all the administrative procedures to make the case stronger in front of the Judge.
I have posted a link on murthy but no responses till now. Not even a single attorney responded.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=1671009981
Nobody has gone that far.
more...
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qualified_trash
08-08 02:15 PM
and in some cases as long as 20-25 years, before he or she can even get a Green Card,
Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.
IMHO, it is important that we stick to facts when we write articles/op eds etc.
Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.
IMHO, it is important that we stick to facts when we write articles/op eds etc.
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cjain
08-10 05:55 PM
what time (format HH:MM)NSC processed our case and we mail that on june 30th , uscis recd. the same on 2-july-07
our recd. number starts from LIN 072275####
our recd. number starts from LIN 072275####
more...
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milind70
04-13 11:05 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I think i saw a query similar to one you have posted but as far as I know,it is the other way around.DMV will ask you legal proof the USCIS approved petition to limit the duration of your DL or photo id till the expiry of your approved petition.These changes came in effect after 9/11 .I had a Cal DL issued in 2000 expiring in 2005 i had changed from Cal DL to VA DL in 2004. They issued me DL upto 2010 ,just last year (2006) my wife went to get photo ID she was asked two identifcation ID ,proof of legal status and proof of residence. After a few hassles she was given a photo id till Feb 2008 when her H4 expires. Frankly I see no dependency of DL duration to the extension duration. It is quite possible DL is another form of ID issued by a State authority and proved you residency. Thats my take.
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I think i saw a query similar to one you have posted but as far as I know,it is the other way around.DMV will ask you legal proof the USCIS approved petition to limit the duration of your DL or photo id till the expiry of your approved petition.These changes came in effect after 9/11 .I had a Cal DL issued in 2000 expiring in 2005 i had changed from Cal DL to VA DL in 2004. They issued me DL upto 2010 ,just last year (2006) my wife went to get photo ID she was asked two identifcation ID ,proof of legal status and proof of residence. After a few hassles she was given a photo id till Feb 2008 when her H4 expires. Frankly I see no dependency of DL duration to the extension duration. It is quite possible DL is another form of ID issued by a State authority and proved you residency. Thats my take.
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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...
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pcs
07-05 03:13 PM
Keep it up !!!!!!!!
santb1975
06-03 01:30 PM
Please work on our Action Item
Mailed a check for $100 today.
Mailed a check for $100 today.
venkygct
09-11 08:44 PM
pstvak,
We do have sponsorships available. Please vote in the following poll and let us know your requirement. We will assist you
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
--Venky
I support this great org. Difficult to travel from WA with famliy and kid.
Contributed 100$. Google Order #204480874815294
Regards
We do have sponsorships available. Please vote in the following poll and let us know your requirement. We will assist you
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
--Venky
I support this great org. Difficult to travel from WA with famliy and kid.
Contributed 100$. Google Order #204480874815294
Regards
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