gctoget
08-08 02:19 PM
Hi,
There is going to be an Independence day celebration event at Pierce college ,Woodland hills on August 18th ,2007. Please participate and do not forget to visit the Immigrationvoice.org booth for more information on our non-profit organization.
See you all there!
There is going to be an Independence day celebration event at Pierce college ,Woodland hills on August 18th ,2007. Please participate and do not forget to visit the Immigrationvoice.org booth for more information on our non-profit organization.
See you all there!
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reddymjm
03-12 10:48 AM
Just send an email with details to adminstrator2.
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chi_shark
02-23 01:38 PM
Here start the fresh round of stories. Now we will hear many stories like this but don't know what to believe until it actually happens. I just hope (and pray) that what you said is true and Govt start treating legals and illegals separately.
Thanks.
So, did anyone else hear anything similar? i am VERY excited about this... but dont know anything about what to make of it... maybe he was just saying it because my face looked tense?????? ha ha ha... no seriously, i dont know what to make of him and his information...
Thanks.
So, did anyone else hear anything similar? i am VERY excited about this... but dont know anything about what to make of it... maybe he was just saying it because my face looked tense?????? ha ha ha... no seriously, i dont know what to make of him and his information...
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Bpositive
06-24 11:10 AM
Constraints to doing work to your fullest potential, negatively impacts the individual and the society which he/she is part of...so personal loss is loss for the society...
And of course, the longer term impact is that the US won't attract the best talent...
And of course, the longer term impact is that the US won't attract the best talent...
more...
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Blessing&Lifeisbeautiful
08-03 09:08 PM
guys,
any updates on the bridge bill for schedule A Nurses.
Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.
any updates on the bridge bill for schedule A Nurses.
any updates on the bridge bill for schedule A Nurses.
Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.
any updates on the bridge bill for schedule A Nurses.
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485Mbe4001
04-27 02:41 PM
Everytime i renew i have to include a copy of my dirvers license, this year i was asked to provide a color copy. i was told that it is to for background checking, i have no idea why they need it.
Had anybody have to send Driving License for filing extention of h1b?
Had anybody have to send Driving License for filing extention of h1b?
more...
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indio0617
03-09 11:28 AM
Guys:
missed the last 5 mins... Work came up.
missed the last 5 mins... Work came up.
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susie
07-07 01:32 AM
Please, please update when you get any news.
I have a very dicey situation with my son, who is turning 21 in January 2008.
Good luck for the outcome!
Hi
Case filed end March 07 at Tampa mid district. They had 60days to respond , so by end May 07 should have heard
Just before end May 07 they asked for another 30days and as a professional curtesy my attorney agreed, so should have heard by end June 07
Just before end June the Attorney General's legal department called my attorney and asked yet again for another 30days !!! as my case paperwork with them was very thin (whatever that means) Their attorney stated on the phone they would like to resolve, again whatever that is supposed to mean
Apparently Geoff Gorsky has not replied to his own attorney ! so their attorney has asked for all and any evidence we have on CSPA case.
Today 6th July 07 I drove from Orlando to Tampa to hand deliver my case file, but my attorney has stated they will not be allowed more extra time as we will be at 120 days wait at end of July 07
The CSPA is badly written and needs leglislative fix, Myself and another member have written our own draft amendment for legislation to protect all children from aging out. This has beed passed to Dave Weldon's office and in turn passed to his legislators, so will see what happens
I will update you all as if I win my case could well assist many others if they are advised their child has aged out. If you wish to support our efforts please join www.expatsvoice.org
I have a very dicey situation with my son, who is turning 21 in January 2008.
Good luck for the outcome!
Hi
Case filed end March 07 at Tampa mid district. They had 60days to respond , so by end May 07 should have heard
Just before end May 07 they asked for another 30days and as a professional curtesy my attorney agreed, so should have heard by end June 07
Just before end June the Attorney General's legal department called my attorney and asked yet again for another 30days !!! as my case paperwork with them was very thin (whatever that means) Their attorney stated on the phone they would like to resolve, again whatever that is supposed to mean
Apparently Geoff Gorsky has not replied to his own attorney ! so their attorney has asked for all and any evidence we have on CSPA case.
Today 6th July 07 I drove from Orlando to Tampa to hand deliver my case file, but my attorney has stated they will not be allowed more extra time as we will be at 120 days wait at end of July 07
The CSPA is badly written and needs leglislative fix, Myself and another member have written our own draft amendment for legislation to protect all children from aging out. This has beed passed to Dave Weldon's office and in turn passed to his legislators, so will see what happens
I will update you all as if I win my case could well assist many others if they are advised their child has aged out. If you wish to support our efforts please join www.expatsvoice.org
more...
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rb_248
01-06 09:13 AM
His speech was contradicting at some instances. However, what I could conclude was that Indian and Chinese workers can be trained well and are more flexible than American workers. If you listen the speech again with this trainability factor (which he did not consider in his study), his contradicting assertations makes sense.
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SkilledWorker4GC
07-16 10:33 AM
Immigration Voice XXXX $5.00 7YHXK-9789S HIGH FIVE Funding Drive
more...
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ravikanthe
09-13 03:20 PM
Order Details - Sep 13, 2007 12:40 PM GMT-07:00
Google Order #949176417011663
Google Order #949176417011663
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gccube
07-18 08:41 PM
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
Obviously if a guy with PD 2002 or 2003 does not apply there is no way he can get the AOS approved.
But do you mean a guy with PD '2007 May' applies now and a guy with PD '2000 March' (for some unkown reason) applies in 'Oct 2007'. Assuming that the PD cut off date retrogressed to '2000 March' then the guy with '2007 May' PD but with RD '2007 July' would be in a better shape than a guy with '2000 March' PD but with RD '2007 Oct'.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
Obviously if a guy with PD 2002 or 2003 does not apply there is no way he can get the AOS approved.
But do you mean a guy with PD '2007 May' applies now and a guy with PD '2000 March' (for some unkown reason) applies in 'Oct 2007'. Assuming that the PD cut off date retrogressed to '2000 March' then the guy with '2007 May' PD but with RD '2007 July' would be in a better shape than a guy with '2000 March' PD but with RD '2007 Oct'.
more...
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spicy_guy
10-28 03:20 PM
I am not sure if this is possible at all. But just wanted to see.
If my Wife's employer starts GC for her on EB2, can my case be ported / interfile to her's? She is dependent on my GC application.
If my Wife's employer starts GC for her on EB2, can my case be ported / interfile to her's? She is dependent on my GC application.
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arung
09-07 04:16 PM
about 10 years
- Landed in May 2000
- Filed First application in Aug. 2001 with Company A
- Company A asked to join client Company B
- Filed again with Company B Dec. 2004
- I140 cleared sometimes in Dec. 2006
- Filled i485 July�2007
- Landed in May 2000
- Filed First application in Aug. 2001 with Company A
- Company A asked to join client Company B
- Filed again with Company B Dec. 2004
- I140 cleared sometimes in Dec. 2006
- Filled i485 July�2007
more...
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baleraosreedhar
06-24 11:03 AM
I would like to add some points where America is loosing
1) Less number of students are willing to come to USA as they are not seeing any future due to H1 lottery system and they have to wait for one year to apply in the 20K category as they getting rjections in applie din april as they will be graduating in june timeframe.Students are not getting jobs as there are very few companies ready to sponser them.So a long time career settlement options for students is diminishing here in USA as they cannot get GC in 2-3 year timeframe and lot of companies are not interested in wasting their resources on H1 and then applying GC for prospective students.So all these student with bright ideas are looking elsewhere like australia,germany,Uk for their education and reasearch and residency.So american is loosing their future research scientists to other countries.
2) Career Advancement :
Lot of H1bs converted to EAD are facing these issues, they are not able to plan for their future properly as they are not sure when they will get their GC and the moves they are making now is it acceptable to USCIS, will the next job fall into the same category as Labour or USCIS will accept the career advancment theory.So they are in jeopardy weather to take a new job and take chance or stick on to the old job.As due to this issue even though he may be dreaming of biggest technological breakthrough/Biggest supply chain enhancement/ reveloutionaly marketing spin off , he will not dare to realize his dream as he himself is not sure of his position here in US, which in turn might have helped thousands of people gaining employment and in turn helping economy.So this constant issue of settlement may force the propective employer to leave his brilliant idea and move back to his home country.
3) Peer pressure:
As GC applicants are not able cherish their dream in the applicable timeframe they are constantly exposed to peer pressure to look out for other avenues for their career growth and settlement.
1) Less number of students are willing to come to USA as they are not seeing any future due to H1 lottery system and they have to wait for one year to apply in the 20K category as they getting rjections in applie din april as they will be graduating in june timeframe.Students are not getting jobs as there are very few companies ready to sponser them.So a long time career settlement options for students is diminishing here in USA as they cannot get GC in 2-3 year timeframe and lot of companies are not interested in wasting their resources on H1 and then applying GC for prospective students.So all these student with bright ideas are looking elsewhere like australia,germany,Uk for their education and reasearch and residency.So american is loosing their future research scientists to other countries.
2) Career Advancement :
Lot of H1bs converted to EAD are facing these issues, they are not able to plan for their future properly as they are not sure when they will get their GC and the moves they are making now is it acceptable to USCIS, will the next job fall into the same category as Labour or USCIS will accept the career advancment theory.So they are in jeopardy weather to take a new job and take chance or stick on to the old job.As due to this issue even though he may be dreaming of biggest technological breakthrough/Biggest supply chain enhancement/ reveloutionaly marketing spin off , he will not dare to realize his dream as he himself is not sure of his position here in US, which in turn might have helped thousands of people gaining employment and in turn helping economy.So this constant issue of settlement may force the propective employer to leave his brilliant idea and move back to his home country.
3) Peer pressure:
As GC applicants are not able cherish their dream in the applicable timeframe they are constantly exposed to peer pressure to look out for other avenues for their career growth and settlement.
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vban2007
07-15 03:06 PM
Keep It Up Guys
more...
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stldude
08-07 01:08 PM
What's the source of of this information... Is this u'r guess or from any other source ???
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
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Kodi
06-04 01:38 PM
company size, Ability to pay issues, H1B dependent company, If any greencard denials have happened in the past, degree+ experience issue, labor subs...
Thanks Pappu. I will check with my lawyer before we file.
Thanks Pappu. I will check with my lawyer before we file.
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Marphad
03-17 01:17 PM
min contribution required is $25 per month
I support donations but not mandatory donations. Its not a good idea.
More, I want to understand little more about this. Is it $25 only per month minimum subscription to visit donor only forums for every one?
I support donations but not mandatory donations. Its not a good idea.
More, I want to understand little more about this. Is it $25 only per month minimum subscription to visit donor only forums for every one?
satishku_2000
07-09 05:41 PM
92807 here ...
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
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