Sunday, June 19, 2011

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  • vayumahesh
    12-02 10:38 AM
    GeetaRam,

    I would say to follow your attorney's advice though I don't think of any issues with going for premium processing as you are with the same employer. My friend has recently filed I-140 under regular processing and got approval within 2 1/2 months. Just make sure if your attorney submitted porting request while filing new I-140 under EB2. All the best.




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  • sanju_dba
    09-01 09:23 AM
    on H1 since 2000 Nov.
    Started working for my 3rd US employer in 2001, started GC process in Mar 2003 thru RIR process.
    Every year a new hope, but IV is like a street light , i can look around whats happening.




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  • AabTuAgaGC
    12-27 03:35 PM
    Received date July 27th, 2007. No AP yet:mad::mad::mad::mad:I have to travel in February:(:(




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  • needhelp!
    05-28 05:44 PM
    Thanks for your contribution. Please join us also in calling the important list of representatives: http://immigrationvoice.org/forum/showthread.php?t=19339

    Contributed $100 and ready to volunteer...
    Receipt ID: 1265-7063-2043-8518



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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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  • ronhira
    07-06 02:00 AM
    Change of what? 30 mins lunch to 3 hour lunch ???

    will that not qualify for a change? change we can believe in? at least this is better than bawa



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  • alterego
    12-10 08:36 PM
    It looks like they have heard from IV members about the spillover rules and their clarification about the QUARTERLY spillover is useful. Also them categorically stating that any spillover visas would be used in strict order of PD is reassuring. Whether they actually practice or not, it is good that they have gone on record as saying that is the way it should be.
    In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
    This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.




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  • Humhongekamyab
    05-19 05:37 PM
    I guess you are now happier than before. You are close to getting your issue resolved.

    No one knows why people who are eligible for AC21 portability are going through this.

    When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.

    Many people have said that this is a training issue. maybe it is. We don't know

    Maybe $585 for the MTR.



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  • MDix
    08-22 09:32 PM
    Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.

    E21(EB2):

    5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
    (A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
    Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
    (i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
    (iii) A license to practice the profession or certification for a particular profession or occupation;
    (iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
    Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
    (v) Evidence of membership in professional associations; or
    (vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 16
    (vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
    8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
    Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
    Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
    6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
    7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
    For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 17
    8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
    The duplicate




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  • chanduv23
    06-10 06:21 AM
    multiple year eads & ap - may or may not happen
    visa recapture - no chance
    visa increase - will not happen

    still contribute??

    What we are trying to achieve is not easy. If you are involved more closely with IV leadership - you will understand the hardships being faced at every stage.
    Issues can only be resolved if we are a strong voice, and thats what we all want to be. It takes time and we have to be patient. We are in a lot better shape than we were sometime back.



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  • alterego
    07-06 01:53 PM
    There are about 18K CP cases.


    Yeah but if the PDs are set as unavailable, what can they do about those cases anyway, as the priority date has to be current on the day of approval in the consulate.
    Furthermore, unlike with 485s they can't consular process 18K cases on a Sunday! It is not a centralised process for them to do that.




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  • chisinau
    08-01 11:21 PM
    What do you mean???



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  • reachinus
    03-05 11:04 AM
    We had soft LUD on our cases as well, for both my wife and me. Hope it will be all good. My Atty mailed the application on 6/31 and it was receipted on 09/07/07.




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  • waitnwatch
    09-05 08:06 PM
    I remember that in the early nineties it was next to impossible to get a home loan in India. I think the only company which gave out home loans was HDFC and the interest rate was a whopping 16%. Property prices at that time conformed to what people could actually afford as the house had to be either paid in full or you had to take out a loan from your provident fund.

    Fast forward to 2000 and beyond. After the Indian rupee became fully convertible and the banking regulations were relaxed every bank or finance company started to make loans. The upshot of that is that everyone could buy a house and car through taking out loans. This of course created this huge demand for new housing from the middle class which translated into a steep increase in land and property prices.

    This may not exactly be a total bubble as loans are there to stay. What is happening though is that home construction is going on at a rapid pace and at some point Indian cities and their suburbs may be overbuilt. At that point you would be stuck with your house and not be able to sell as is happening in the US. Of course some markets will correct but I donot think Bombay, Bangalore or Hyderabad will.

    I'm a a total layman regarding such issues and I am just trying to reason this through.


    Is is sad. All these NRIs are going to learn a very valuable lesson. Speculation is not a good strategy for investing. A lot learned that in the past few months here in USA. In a year we will be seeing the full blown post bubble correction in India. If one can rent an apartment for 15,000 why would one buy it for 50 lakhs. The interest alone on 50 lakhs is 50,000 every month. It is like buy and rent it and loose money. Instead why don't they deposit in a bank and get 50,000 every month:confused:



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  • santb1975
    05-29 10:48 PM
    Thankyou for your contribution

    Receipt ID: 0375-0762-4300-7538

    Let's keep 'em comming!




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  • JunRN
    10-01 03:03 PM
    The Greencard Crazy Club (GCC) is now planning to install a webcam near NSC parking lot....we've really gone crazy!!!



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  • hopefullegalimmigrant
    01-07 04:19 PM
    I am going to use AP as my backup> I will be going in for H stamping in India




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  • honge_kamyaab
    06-08 01:17 PM
    Congratulations!!

    Did you mean your PD is Mar'04. PERM since Jan'05. Am I wrong?

    Is your labor RIR or non-RIR? Please let us know.




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  • ashutrip
    06-16 06:44 PM
    If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

    I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

    Here is the info :
    email : Perm.DFLC@dol.gov
    Phone : 404-893-0101

    Thanks
    Champak (Same as 1 and 2)
    what is your PD?




    rongha_2000
    04-30 04:05 PM
    So what happens next?




    blackberry
    07-05 03:03 PM
    Sent email to GA senators.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=GA


    --
    BB



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