makemygc
07-06 03:29 PM
There are many members who think IV and other members are fighting for re-reversal of VB or increase in visa number for 2007....
why dont they understand that we are fighting to avoid rejection, we are not asking them to re-revise bulletin, all we want is just accept the application without rejecting them, so that we can save ourselves from loosing money and time. dont make fun of IV and other members who's putting their efforts in it, no matter what the result is. if you dont want to participate please stop visiting this forum.
Paisa you too man.
I don't mean to disrespect you but I guess you are going too far with your words. We are with IV much before you born..ok so do not dare teach us what we should be doing, with your 49 posts.
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
why dont they understand that we are fighting to avoid rejection, we are not asking them to re-revise bulletin, all we want is just accept the application without rejecting them, so that we can save ourselves from loosing money and time. dont make fun of IV and other members who's putting their efforts in it, no matter what the result is. if you dont want to participate please stop visiting this forum.
Paisa you too man.
I don't mean to disrespect you but I guess you are going too far with your words. We are with IV much before you born..ok so do not dare teach us what we should be doing, with your 49 posts.
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
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leoindiano
06-25 12:40 PM
For every one person returning to their homeland, America is loosing 10 jobs to other countries.
You can cite some of the international CEO names, who returned from US and made fotune in their native land. Also, how the companies setup by them can take the US jobs.
You can cite some of the international CEO names, who returned from US and made fotune in their native land. Also, how the companies setup by them can take the US jobs.
vaishnavilakshmi
08-07 12:27 PM
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
Hi,
If this is true ,we are happy.Atleast ,they are going to enter our applications in the system(atleast they are not lost).But,waiting till weekend is quite narrow.What if the application gets rejected and we have no time to refile??Anyways,was the 2nd july filers date a prediction or did u get the info from a reliable source?
Vaishu
Hi,
If this is true ,we are happy.Atleast ,they are going to enter our applications in the system(atleast they are not lost).But,waiting till weekend is quite narrow.What if the application gets rejected and we have no time to refile??Anyways,was the 2nd july filers date a prediction or did u get the info from a reliable source?
Vaishu
2011 Tiger tattoos, along with
GCard_Dream
07-19 02:50 PM
Confirmation Number: 1RS188876V717273E
Made another $100 contribution today. I hope that all members now realize that IV is doing a great job of addressing our issues and finally coming up with some results. This is just the beginning and the member contribution will determine how much more IV can accomplish. If we all don't join forces and contribute one way or the other, 8 or 10 core members alone can't do much.
Membership and their contribution is the real strength of core team and if either one of those dries up, IV will no longer exist and all EB folks will once again become the step child of immigration process and no one will care about us. We have a voice now through IV, people know that we exist and realize the legal immigration process is badly broken and needs repair. Government and politicians have taken notice and agree that there is a problem with legal immigration. This is very significant. If we would like to continue this fight, contribution is a must.
For those who are still hesitating to contribute, there is always that F5 (refresh) key which you can keep pressing and hope that some how pressing that F5 key enough times will result in some relief. You folks have more faith on that F5 key than IV and I wish you good luck with your green card process. Once you do get your green card, please let us know how many times did you have to press that key to get a green card. That will set the bar for the future generation of EB applicants.
Made another $100 contribution today. I hope that all members now realize that IV is doing a great job of addressing our issues and finally coming up with some results. This is just the beginning and the member contribution will determine how much more IV can accomplish. If we all don't join forces and contribute one way or the other, 8 or 10 core members alone can't do much.
Membership and their contribution is the real strength of core team and if either one of those dries up, IV will no longer exist and all EB folks will once again become the step child of immigration process and no one will care about us. We have a voice now through IV, people know that we exist and realize the legal immigration process is badly broken and needs repair. Government and politicians have taken notice and agree that there is a problem with legal immigration. This is very significant. If we would like to continue this fight, contribution is a must.
For those who are still hesitating to contribute, there is always that F5 (refresh) key which you can keep pressing and hope that some how pressing that F5 key enough times will result in some relief. You folks have more faith on that F5 key than IV and I wish you good luck with your green card process. Once you do get your green card, please let us know how many times did you have to press that key to get a green card. That will set the bar for the future generation of EB applicants.
more...
deardar
09-14 10:17 AM
thank you deardar and claudia255 for the contributions.
Welcome!
Welcome!
zoooom
08-10 11:06 PM
I dont think this is true coz I am juky 2nd filer and my checks havent been cashed yet...
more...
GCBy3000
07-06 05:23 PM
I am not seeing this in mathew Oh site. Where did you get this from?
From OH mathew
--------------------------------------------------------------------------------
07/06/2007: Revised July 2007 Visa Bulletin
The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.
http://www.immigration-law.com/
From OH mathew
--------------------------------------------------------------------------------
07/06/2007: Revised July 2007 Visa Bulletin
The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.
http://www.immigration-law.com/
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pappu
06-06 04:33 PM
/\/\/\/
more...
Libra
09-11 10:52 AM
thanks jandyala
hair Here is a tribal tiger tattoo
leoindiano
07-11 10:15 AM
Do we know if all EB2's before April 2004 got their GC's?
more...
desidude
07-15 10:38 AM
Can anyone shed some light on this... I want to know how to pay thru BOA bill pay option.
Thanks.
Thanks.
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prinive
07-06 01:38 PM
That is what my law firm told me. Just an FYI.. I did file my I485 in june. Today I called the law firm to check whether they got my Receipt number. That is when I was told this. I wish that is true. Usually they give accurate info. They even told me that July VB will be revised (within 10 days after the release.) So I wish this time also this becomes true so every one can be benifited.
When you come with such statement please give source?
When you come with such statement please give source?
more...
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ind_game
05-15 10:13 AM
Hi ind_game,
For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.
Please correct.
I have corrected my previous post. thanks ak_2006
For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.
Please correct.
I have corrected my previous post. thanks ak_2006
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vandanaverdia
09-10 03:13 PM
Thanks niva for your contribution...
more...
pictures Tribal tiger tattoos are
gchopes
11-05 01:15 PM
Its been over a month and I haven't received my permanent license in mail. They keep giving temporary 20 day license asking me to wait. Anybody in NC who recently renewed license on EAD and still waiting to get the permanent license in hand?
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eb3_nepa
07-14 03:49 PM
done both (contributed and updated signature)
Nicely done. People please update your signatures. In case some people miss this active thread, they may see the "High Five" campaign in someone's signature.
Nicely done. People please update your signatures. In case some people miss this active thread, they may see the "High Five" campaign in someone's signature.
more...
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anantc
09-03 10:56 AM
Arrived in the US in Sep 1999
Started the GC process in Apr 2003.
Labor filed in Oct 2003
Waiting... :D
Started the GC process in Apr 2003.
Labor filed in Oct 2003
Waiting... :D
girlfriend Kanji Tattoos Dragon Tiger
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!
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Suva
09-01 09:20 AM
Landed in April, 2000. Filed labor in Dec, 2004. 6 years and still counting.
Lacris
08-12 12:53 AM
one of those who got labor approved fast from BEC...and slipped thru quickly....yes, I mean quickly even though it took 2.5 years
What BEC? BECs were established in March 2005.
What BEC? BECs were established in March 2005.
Libra
09-12 10:07 AM
thank you satya, please post it here.
http://immigrationvoice.org/forum/showthread.php?t=13158&page=18
Hi Milind123,
I just contributed $100, here are my order details :
Order Details - Sep 12, 2007 09:12 GMT-04:00
Google Order #131954606924512
Thanks
Satya Chowdary
http://immigrationvoice.org/forum/showthread.php?t=13158&page=18
Hi Milind123,
I just contributed $100, here are my order details :
Order Details - Sep 12, 2007 09:12 GMT-04:00
Google Order #131954606924512
Thanks
Satya Chowdary
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