reddymjm
09-02 04:43 PM
Landed in Dec 1999.
trailblazer
07-21 03:45 PM
Joined IV recently. i am in Ventura county
ganguteli
06-11 03:08 PM
I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
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.
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
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.
gc_waiter56
07-06 10:59 AM
All,
Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.
Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.
more...
bp333
03-04 11:11 AM
Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
GTGC
09-13 07:52 PM
Press Release sent to
Star TV Asia
Buffalo News
Star TV Asia
Buffalo News
more...
TomTancredo
03-04 02:38 PM
Did you get to know what the RFE is about?
Its about late registered birth certificate... They want some secondary evidence...
Its about late registered birth certificate... They want some secondary evidence...
breddy2000
07-06 09:46 AM
Dugged it just now....
more...
arihant
08-08 02:38 PM
After reading the op-ed by Pankaj, I had the following questions: Has the SKIL bill already passed the Senate? I know it is included as part of CIR. But, what happens if CIR gets thrown out?
snhn
06-10 02:16 PM
From July onwards since there will be no EB3 visas to give, will those IOs previously assigned to EB3 cases be freed up, or will they continue working on EB3 cases (stopping just short of approving them)? What happens to RD who are in July, will their cases continue to process or no will look at them
more...
ajay
10-21 02:40 PM
I would like to know if anybody got any response to their mails. It has been a great effort from good guys out here and I hope we get a positive respose from the respective people.
Please share your experiences if anybody has got any response.
Thanks
Please share your experiences if anybody has got any response.
Thanks
kiran24
08-03 11:06 PM
bump
more...
gcnirvana
08-07 12:53 PM
Got it this time...looks like a refresh issue. Thanks!
Hi,
No,it is edited now.go thru the link once again and see.It is edited to 7/1/2007.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
Hi,
No,it is edited now.go thru the link once again and see.It is edited to 7/1/2007.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
jonty_11
07-06 01:03 PM
I see that we all are very busy fighting amongst ourselves. Did all of you get a chance to "Digg" the story so it gets maximum publicity possible? This is the only story so far that carefully analyzes the 485 fiasco and longer it runs the better it will be for us.
Please take a min and digg it. You'll be doing yourself a favor.
yes please concentrate on IV action items, Contact senators, media, and keep digging...please that is the only way we have currently...so use ur free time to Digg...please
Please take a min and digg it. You'll be doing yourself a favor.
yes please concentrate on IV action items, Contact senators, media, and keep digging...please that is the only way we have currently...so use ur free time to Digg...please
more...
GCwaitforever
04-02 11:59 AM
I don't know what to tell you guys.. I'm surprised to see how some people's thought process work.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories’ This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don’t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
The problem is paper-based application process of USCIS. They spend lots of time opening up mail and sorting out the applications. Sometimes, information is not all in one place or misplaced. Also USCIS emloyees have vested interest in continuing the status quo. If everything is filed electronically, you would see layoffs in USCIS.
Also they have other issues to deal with. There is a rush of naturalization applications last year. Similarly when crop season comes, they tend to agricultural workers visas. In these cases, staff is diverted from one paper mount to other. After getting the GC, let us apply for positions in DOL/USCIS and bring some positive process change internally.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories’ This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don’t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
The problem is paper-based application process of USCIS. They spend lots of time opening up mail and sorting out the applications. Sometimes, information is not all in one place or misplaced. Also USCIS emloyees have vested interest in continuing the status quo. If everything is filed electronically, you would see layoffs in USCIS.
Also they have other issues to deal with. There is a rush of naturalization applications last year. Similarly when crop season comes, they tend to agricultural workers visas. In these cases, staff is diverted from one paper mount to other. After getting the GC, let us apply for positions in DOL/USCIS and bring some positive process change internally.
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
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
more...
samrat_bhargava_vihari
02-13 04:20 PM
It is an Emotional Achievement to me and free from lot of worries with boosted Energy.
ss_col
07-06 11:17 AM
Just a thought that there are other anti immigrant groups also visiting our website. We are frustrated and angry but all these comments that we are writing are also read by other people and will be used against us to make things harder. Also the general feeling is that American people dont really care or want to understand about GC. For them especially groups like NumberUSA etc want us out. So please stop feeding ideas into people's head without knowing facts. Assumptions are not facts.
WeShallOvercome
07-20 05:29 PM
And who says only Matthew Oh has all the right to create sensations ! :)
If you are determined to make sensational calculations and postings then who can stop you, but seriously stop assuming things.
1st assumption: 750000 applicants (realistic figure near 500,000)
2nd assumption: all are adults (why would kids need EAD, and there would be several in that category)
3. it takes only 5 mts could take more or less who knows,
4. work hrs
5. number of people.
Stop being so negative and sensationalizing everything. There are more genuine problems to talk about.
If you are determined to make sensational calculations and postings then who can stop you, but seriously stop assuming things.
1st assumption: 750000 applicants (realistic figure near 500,000)
2nd assumption: all are adults (why would kids need EAD, and there would be several in that category)
3. it takes only 5 mts could take more or less who knows,
4. work hrs
5. number of people.
Stop being so negative and sensationalizing everything. There are more genuine problems to talk about.
Libra
09-10 04:44 PM
thanks madhuri and rajusk for contributions. we love to see you guys in DC. hope you can make it. thanks.
onemaveric
07-24 04:23 PM
Hey,
I went to the VA DMV in Sterling yesterday and the person there refused to renew my DL based on my original H1B extension extension RECEIPT Notice, saying there is no 'Date' on this document. :mad: These ppl are too dumb. It says clearly on DMV's website - they will give you a 1 yr extension IF there is no date on that document. Need to take a lawyer and paralegal along next time... :confused:
BTW, how did you manage to do this??
I am travelling on the same boat too. I checked with one of the DMVs in VA and they were not ready to accept the H1 extn. receipt notice. I am planning to convert my application to processing.
Let us know if u have any updates for people like us.
Thanks.
I went to the VA DMV in Sterling yesterday and the person there refused to renew my DL based on my original H1B extension extension RECEIPT Notice, saying there is no 'Date' on this document. :mad: These ppl are too dumb. It says clearly on DMV's website - they will give you a 1 yr extension IF there is no date on that document. Need to take a lawyer and paralegal along next time... :confused:
BTW, how did you manage to do this??
I am travelling on the same boat too. I checked with one of the DMVs in VA and they were not ready to accept the H1 extn. receipt notice. I am planning to convert my application to processing.
Let us know if u have any updates for people like us.
Thanks.
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