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  • winding
    04-30 07:12 PM
    http://judiciary.house.gov/media/pdfs/USCIS080430.pdf




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  • gc_chahiye
    06-08 01:43 PM
    Hello,

    My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?

    If you are in EB2, then might as well go for PP for the I-140. Regular at Nebraska is taking 8 months. Given the way dates move erratically, if you get current in the next couple of months (I hope you do, mine is the same PD) you wont have I-140 to worry about, you'll be all set.




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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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  • swadeshi
    08-10 11:14 PM
    As per the tracking no. given by my lawyer, my app also received at 7.55 AM on July 2nd, signed by R.Williams , but my check not cashed yet, no receipts yet, what a mess....

    I know a friend whose application was recieved at 10:45 AM on July 2nd at NSC, he got the receipt number in July III week, our application was received at 8:26 AM on july 2nd, nothing till date, checks haven't been cashed...no updates!!

    So dunno how they are picking the applications, anyways there is good news that they are working on the July 2nd applications, and more & more of us are receiving the receipts numbers.:)



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  • johnamit
    08-10 02:00 PM
    nothing new but here it is:

    source: http://www.murthy.com/news/n_notaug.html


    Delays in Issuance of USCIS Receipt Notices - August 2007
    Posted Aug 10, 2007
    �MurthyDotCom
    The USCIS has advised that, as of August 3, 2007, they have received a substantially higher than normal volume of filings. This comes as no surprise, as it is most likely related to the July 2007 Visa Bulletin filings. The volume of cases has created a "front log" of cases awaiting initial data entry and issuance of receipt notices. The USCIS advises that the receipt notice delays will not impact eligibility for change of status or extension of status. Cases will be treated as received on their actual receipt dates, even if the receipt notice is delayed. The actual date that the filing was received at the USCIS (receipt date) will appear on the I-797 receipt notice, in addition to a later issuance of the receipt notice (notice date).
    �MurthyDotCom
    Issuance of Receipt Notices at NSC and TSC
    �MurthyDotCom
    The USCIS has published updates with information about receipt notices and the order in which they will be issued. As of August 3, 2007, the Nebraska Service Center (NSC) had issued receipts for employment-based I-485s, I-131s, and I-140s filed on or before July 1, 2007. (Although July 1, 2007, is a Sunday, that is the date that was given by the USCIS.) NSC is issuing receipts for I-765s filed on or before July 2, 2007. The Texas Service Center (TSC) is reporting that it is issuing receipts for employment-based I-485s, I-131, and I-765s filed on June 26, 2007.
    �MurthyDotCom
    Murthy Law Firm Update and Suggestion
    �MurthyDotCom
    The USCIS plans to provide weekly updates on its issuance of receipt notices. As of last week, the Murthy Law Firm had received some I-485 receipt notices dated July 2, 2007. Those awaiting receipts should also see if their filing fee checks have been cashed. This confirms that the case was accepted for processing. A receipt number of the file / case can be found on the back of the check.




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  • Ahimsa
    08-10 11:11 AM
    good point which has been overlooked.

    thus one can say lack of social security numbers for spouse and kids of a high skilled immigrant waiting for gc causes sevaral administrative and taxation issues.

    Please also note:
    Gor GC waiters, the child tax credit will not be available for kids under age 1.
    In Oct 2004, my kid was 6 months when she landed in US.
    When she was 9 months in Jan 2005, I tried to include her in my tax returns but IRS said I can not include her until she becomes one year old.
    This year 2006, I could include her after getting her an ITIN.
    In short, child taxation issue is there only for one year at the maximum.



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  • stldude
    07-06 03:20 PM
    Nobody was complaining b4 Jun 13th.. It's sucks when people get their hopes up and then go back to the infinite wait stage again... USCIS should be held responsible for it... Don't u agree ??

    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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  • scottsmith
    09-15 01:08 PM
    GCTest, there is a saying about you in Hindi "Kuttee Kee Dumm 12 Saall Pipe Mee Daal Kee Rakhoo Too Bhee Seedhee Nahee Hootee"
    saale bhikari... can you even spell "moron"



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  • augustus
    04-30 10:08 AM
    I did my part and called the Missouri Senator office. They said they will pass the message. I am not sure how effective it will be. But I will continue my efforts regardless. We come from a country where Gandhi got us independence through non-violence. I believe it is in our blood.

    Remember Gandhi here and march ahead for what is purely discriminatory.

    Indians can repeat this all over again, if only we put our hands together unity.

    Jai Hind.




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  • anju
    07-19 05:30 PM
    I have a question about a unique situation of getting stuck in BEC and applying 485 with a newer PERM case. If LC is stuck in BEC at this time, but the person has a new PERM+140 from a different location and applies 485. Can this person change the priority date of 485 when the old LC from BEC gets approved, and 140 approved, to the BEC PD?

    I am on the same boat. But I don't know the answer! Guys please help.



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  • memory_remains
    03-31 05:44 PM
    I am on OPT right now & my wife is on F-2 visa. We went to New York DMV to get her learners permit. They wouldn't allow her to get the permit as the school on I-20 is not in New York. Its so weird. They gave me NYS license due to my EAD card, but they say they cannot give her the license as the I-20 has to show the school in New York State. Anybody here has any recommendation??? Has anybody on F2 with I-20 from a different state gotten drivers license in New York??

    TIA




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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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  • vjkypally
    07-06 05:47 PM
    Does Condi know what shes speakin? That they worked during weekend clearing 25000 visas so that no one can apply on July 2nd.




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  • beppenyc
    03-16 10:51 AM
    http://www.azcentral.com/news/articles/0316Immigration16-ON.html

    Senators debate immigrant worker measure

    Associated Press
    Mar. 16, 2006 09:35 AM


    WASHINGTON - Senators writing a major immigration law overhaul bill moved Thursday toward accepting an approach under which undocumented immigrants could stay in the United States while working toward permanent residence and eventual citizenship.

    Sen. Edward Kennedy, D-Mass., stressed that his plan moving through the Senate Judiciary Committee would not constitute an amnesty, a policy rejected by the Bush administration and most Americans, according to polls. Kennedy said it would not give the estimated 11 million people in the country illegally any advantage over the 3 million living overseas while waiting for a decision on green card applications.

    Committee Chairman Arlen Specter said the panel would consider the proposal put forward by Kennedy and Sen. John McCain, R-Ariz., when it reconvenes on March 27 after a weeklong recess. advertisement




    Senate Majority Leader Bill Frist, R-Tenn., has made clear that immigration reform will be on the chamber's floor that week, regardless of whether the Judiciary Committee comes up with a comprehensive bill.

    Congress, at the urging of President Bush, has made comprehensive immigration reform a top priority for this election-year session, pushing forward proposals combining immigration enforcement, a guest worker program and a policy toward people living in the country illegally.

    The future treatment of undocumented immigrants, Kennedy said, "really is the heart and soul of this whole undertaking."

    The McCain-Kennedy plan would allow those in the country illegally to obtain six-year nonimmigrant visas under which they could work in the country and travel outside the country. They would have to pay a $1,000 fine and undergo background checks.

    After six years, the immigrant who pays back taxes, is learning English and pays an additional $1,000 fine can apply for a green card, or permanent residency.

    Specter, R-Pa., said the committee would vote on a version of the McCain-Kennedy proposal on the 27th. There would also be a vote on the chief alternative, offered by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., that would give undocumented immigrants up to five years to leave the country. These immigrants could apply from their home country to return, either as temporary workers or for permanent residency.

    "Our intention is not to strand anyone outside the country," Kyl said. But he said that the McCain-Kennedy plan would give an undocumented immigrant allowed to stay and work in the country a "huge advantage" over a person having to wait for years in his or her own country for a green card.

    But with Democrats, and several Republicans, on the committee behind McCain-Kennedy, it appeared to have the edge.

    Cornyn and Kennedy said they would work over the recess next week on the structure of a guest worker program, which would start out with 400,000 visas. The committee is also expected to take up a separate provision for temporary agriculture workers in preparation for debate on the floor.

    Senators from both parties in the committee on Wednesday objected to voting on a bill before the panel reaches a consensus on guest workers. Several Republicans suggested that the Senate first deal with enforcement, and take up the guest worker issue later in the year.

    "This is a very complicated bill," Specter said. "And I think we have to get it done right."

    Bush, in a State of the Union address two years ago, urged Congress to create a worker program under which participants could gain legal status for a specific time and then be required to return home. It would not provide an automatic path to citizenship.

    The House at the end of last year passed a bill that increases penalties for illegal immigration activities and requires employers to verify the legal status of their employees. But it did not address the guest worker issue, and critics argued that it was futile to try to close the border when demand for low-wage workers in this country remains so strong.

    "We have a broken system," White House press secretary Scott McClellan said Wednesday. "It needs to be fixed and it needs to be addressed in a comprehensive way."



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  • sri1309
    09-10 05:31 PM
    Guys,

    Now that the delay happened, lets ask for Citizenship, . We waited 10 years, played by the rules. And we have seen the drama for the last 3-4 years. So why do you want to do these calculations, spillovers etc. We must ask our fair share,,

    Think,

    Sri..




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  • sandy_anand
    07-15 11:08 AM
    Scheduled $5 Every Month.

    Great Idea, thanks!



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  • jkays94
    07-20 01:21 PM
    How many though contacted their Senators for this ammendment ? Chances are that Numbers USA probably put in more calls than the proponents of this measure. The least one can do is let your Senator know of your disappointment and let those who voted in favor of your appreciation otherwise if one is silent how is the Senator to know if it impacts their constituents.




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  • logiclife
    03-13 01:35 PM
    DUI and DWI are crimes that can get your greencard petition in trouble even today.

    The only thing today, that will not jeopardize your Greencard application is minor traffic violations. DUI and DWI and not minor traffic violations.

    These amendments are only enhancing it to DEPORT those who are found driving drunk. The irony is, if you are an immigrant either illegal waiting for amnesty or legal waiting for your labor/485, you are more likely to need a drink or two.

    --logiclife.




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  • needhelp!
    09-12 03:02 PM
    http://www.prleap.com/pr/93560/
    http://www.express-press-release.com
    http://www.texas-press-release.com
    http://www.pressmethod.com/releasestorage/22524.htm
    http://www.free-press-release.com/news/200709/1189618576.html
    http://www.i-newswire.com




    2BeeNot2Bee
    09-14 06:45 PM
    If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
    Ithink PD Porting might be legal at this time but not ETHICAL.

    If substitution was unethical, July 07 out-of-turn PD flood which has created a HUGE backlog is unethical, if that is unethical, PD porting is also unethical.




    prince_waiting
    07-05 10:45 AM
    My area senator is Mr. Sessions :eek:. What do you guys think, should I email him or not? I am sure that I am not going to get a courteous reply or as a fact of matter a reply at all.



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