badluck
07-24 03:56 PM
Since it is absolutely impossible with EB3 Sep 2006 PD I thought he might have applied in a different category..Do not know the specifics of EB5...Incase what you said is true whatever that guy said is just a JOKE!
After all sardarji can make a joke:D
After all sardarji can make a joke:D
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crazyghoda
03-02 11:46 AM
... its just an acknowledgement of reality as it stands today.
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
greencard_fever
03-04 06:29 PM
I checked the online status of our 485 application after long time..i totally lost hope on our 485 applications that USCIS ever bothered to work on them..but strange thing is i have noticed a soft LUD on my wifes case..this gives me some hope..:D
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akgind
09-14 11:06 AM
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs.
Please do not make false statements. You are trying to paint everyone with the same brush.
I had a Masters at the time EB3 was filed in 2002....from a top US school. The employer was okay with any category. The lawyer messed up...said that all categories were current and he knows best.
Please do not make false statements. You are trying to paint everyone with the same brush.
I had a Masters at the time EB3 was filed in 2002....from a top US school. The employer was okay with any category. The lawyer messed up...said that all categories were current and he knows best.
more...
FSL
09-10 11:19 AM
This might be good news for EB3 ROW guys like me? PD AUG 2003 still waiting?
Any thoughts ? EB3 ROW visas were unavailable !!
Any thoughts ? EB3 ROW visas were unavailable !!
transpass
09-12 12:01 AM
I personally think backwards running clock is the best thing to send...It hits nail on the head...The PDs are moving backward instead of forward...It is also a funny story for news media to pick up...Mass letters are also ok...
Regarding the fliers suggested by someone, I feel that calling them lazy would not help (Even though I agree that they do deserve to some extent). But on the otherhand they might take offense to that, since the IOs can say that at times, they work weekends and that they just follow what they are directed to do by the higherups...
Just my 2cents...
Regarding the fliers suggested by someone, I feel that calling them lazy would not help (Even though I agree that they do deserve to some extent). But on the otherhand they might take offense to that, since the IOs can say that at times, they work weekends and that they just follow what they are directed to do by the higherups...
Just my 2cents...
more...
vandanaverdia
09-13 07:16 PM
milind123...
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
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qasleuth
05-14 01:38 PM
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
more...
satishku_2000
07-05 04:04 PM
I just finished my call with Julia Preston of Nytimes ..I am so happy and did my part :)
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ind_game
05-19 10:33 AM
ANOTHER UPDATE
soft LUD on my second MTR for 05/18/2009
soft LUD on my I-485 for 05/18/2009
But the content remains the same:
as "Case received and pending" on my second MTR
as "Denial Notice Sent" on my I-485
soft LUD on my second MTR for 05/18/2009
soft LUD on my I-485 for 05/18/2009
But the content remains the same:
as "Case received and pending" on my second MTR
as "Denial Notice Sent" on my I-485
more...
nitinboston
06-11 03:56 PM
We are fighting against anti-immigrant idiots like you.
Greencard is our right because we have been waiting long enough and paid a lot for it, and we will not just take greencard but also get our citizenship. After getting citizenship we will make our pro-immigrant senators win election and help defeat anti-immigrant Senators. We will contribute money in getting pro-immigrant lawmakers get elected. Got it ?
We will also tackle idiot old good for nothing racist programmers like you and make sure you remain losers in life.
So its the 6 th fundamental right. I am amazed how people confuse rights with privilege.
Greencard is our right because we have been waiting long enough and paid a lot for it, and we will not just take greencard but also get our citizenship. After getting citizenship we will make our pro-immigrant senators win election and help defeat anti-immigrant Senators. We will contribute money in getting pro-immigrant lawmakers get elected. Got it ?
We will also tackle idiot old good for nothing racist programmers like you and make sure you remain losers in life.
So its the 6 th fundamental right. I am amazed how people confuse rights with privilege.
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9years
11-08 06:16 PM
I got a email notification from my attorney just now that my I-140 is approved with priority date ported from EB3. Not sure whether I should wait few weeks before initiating interfiling process.
Congrats on your I-140 approval.
Congrats on your I-140 approval.
more...
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Libra
07-06 03:25 PM
aarbi, did you do your medicals, did you loose your work day, did you paid your attorney, did your wife(if any) came back from middle of the vacation, did you had health problem when you done your medicals....did your app got stuck at USCIS for years......
sleepless nights for those people who's answer is YES for most of the above questions
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
sleepless nights for those people who's answer is YES for most of the above questions
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
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Suva
09-01 01:17 PM
It seems that your case is worst than all of us here in IV.
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
more...
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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!
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eb3_nepa
07-05 02:28 PM
Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.
more...
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Sakthisagar
02-24 09:11 AM
Hello gcdream,
If you apply on premium processing then fees is huge, lot of money, if you apply before hand I mean 6 months back before the expiry of Visa, then not this much money as fees, last time I opted for premium processing.
Thanks for asking
If you apply on premium processing then fees is huge, lot of money, if you apply before hand I mean 6 months back before the expiry of Visa, then not this much money as fees, last time I opted for premium processing.
Thanks for asking
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Caliber
03-04 12:25 PM
do have your 140 approved?
My case is also with TSC with 140 approved and there is absolutely no change in the message. There is not even a soft LUD in any of our cases.
My case is also with TSC with 140 approved and there is absolutely no change in the message. There is not even a soft LUD in any of our cases.
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yoda
09-13 04:24 PM
Sent to Mass High Tech and Fareed Zakaria @ Newsweek.
deepimpact
08-22 09:51 PM
So does this mean:
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
eb3_nepa
07-14 10:18 PM
Running total so far $608
Good work. Let keep rolling.
Hi gsc999,
Any chance we can put this on the IV homepage itself? If this campaign has to succeed, it needs a 100% of the members to contribute, else the results will be extremely sorry.
Good work. Let keep rolling.
Hi gsc999,
Any chance we can put this on the IV homepage itself? If this campaign has to succeed, it needs a 100% of the members to contribute, else the results will be extremely sorry.
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