snathan
05-02 12:59 PM
Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?
I agree. Not every one is earning big amounts. Not every one's spouse is working. 1200+ is really big moeny to lose.
I agree. Not every one is earning big amounts. Not every one's spouse is working. 1200+ is really big moeny to lose.
wallpaper Plants Vs. Zombies is one of
sidbee
08-13 11:19 PM
This is the third place where I am posting this ..well why not ..In my view this is worth a shot since greenspan is also talking about it.
-----------
http://news.yahoo.com/s/nm/20080813/bs_nm/usa_economy_greenspan_dc
-----------
Former Federal Reserve Chairman Alan Greenspan predicts U.S. house prices will begin to stabilize in the first half of next year, the Wall Street Journal reported on Wednesday.
ADVERTISEMENT
Greenspan also offered a novel suggestion to bolster the housing market -- increase the number of potential home buyers by admitting more skilled immigrants
Thats why USCIS/DOS are trying to make EB2 current , so that they all can buy houses and save the economy :-)
-----------
http://news.yahoo.com/s/nm/20080813/bs_nm/usa_economy_greenspan_dc
-----------
Former Federal Reserve Chairman Alan Greenspan predicts U.S. house prices will begin to stabilize in the first half of next year, the Wall Street Journal reported on Wednesday.
ADVERTISEMENT
Greenspan also offered a novel suggestion to bolster the housing market -- increase the number of potential home buyers by admitting more skilled immigrants
Thats why USCIS/DOS are trying to make EB2 current , so that they all can buy houses and save the economy :-)
gcwatchdog
11-20 12:43 PM
Thank you for u'r information, now I got a clear picture.
2011 Plants Vs. Zombies Hints|How
rpchalasani
06-04 11:09 AM
I Contributed $ 100.00 Now.
Receipt # 4674-1281-7879-3812
Thanks,
Receipt # 4674-1281-7879-3812
Thanks,
more...
pappu
06-10 01:02 PM
Just to summarize what's going to happen with VB in final Quarter.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
eb3stuck
07-15 04:27 PM
Count me in. I live in LA County - San Gabriel Valley
EB3 - RIR - India
PD 4/02, LC 9/05, I140 01/06
I-145/EAD sent 6/28/07???
9th year of H1 B, with 3 year ext. not stamped
Spouse on 9th year H1-B
1 time contribution ($200)
EB3 - RIR - India
PD 4/02, LC 9/05, I140 01/06
I-145/EAD sent 6/28/07???
9th year of H1 B, with 3 year ext. not stamped
Spouse on 9th year H1-B
1 time contribution ($200)
more...
Gravitation
05-01 02:12 PM
I have some black dots in my Control Panel? What is the meaning of a black dot?
And how does one give black dot to some one? When I try to add reputation to a post, I can only see I approve or I disapprove options. I would imagine I approve=green and I disapprove=red. Where does a black dot fit into this scheme?
The gray dots come when you get either approval/disapproval from somebody who has:
less than 30 posts.
overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.
And how does one give black dot to some one? When I try to add reputation to a post, I can only see I approve or I disapprove options. I would imagine I approve=green and I disapprove=red. Where does a black dot fit into this scheme?
The gray dots come when you get either approval/disapproval from somebody who has:
less than 30 posts.
overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.
2010 plants vs. zombies.
mirage
08-04 03:24 PM
I would request everybody to send out the mails ASAP. This will certainly help....
----------------
Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...
-------------------------------------------------------
To, 08/05/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
----------------
Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...
-------------------------------------------------------
To, 08/05/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
more...
ragz4u
03-08 01:57 PM
illegal immigrants and fencing around the AZ area
hair Plants vs. Zombies, one of the
billu
09-04 08:10 AM
i feel sad for our country of birth which is in such a bad shape that we would rather be exploited and wait 10+ yrs for GC in USA than go back!!!
more...
aray
08-14 06:56 PM
I don't think its June 2007. If it means all EB3 categories and not just EB3 Mexico then it means June 2008
hot Plants vs. Zombies - PC review
akp
07-20 12:37 PM
If you assume 30 people, you get 1 year per your calculations. Make it 90 and we get it in 3 months:D
more...
house Plants vs Zombies: Zen Garden
santb1975
07-16 11:19 AM
Even though I am a recurring contributor and I contribute to IV on top of my recurring contributions I had to make a contribution towards this campaign. Keep up the Good Work. See Details below:
**********************************************
Payee Amount Deliver By Confirmation Number Action
Immigration Voice
IV
$ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
Memo: High Five Campaign
**********************************************
Payee Amount Deliver By Confirmation Number Action
Immigration Voice
IV
$ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
Memo: High Five Campaign
tattoo Popcap#39;s “Plants vs. Zombies”
9years
11-30 07:23 PM
Hi,
I was following this thread and it has good information.
I have EB3 labor and I-140 approved with priority date March 2005. I couldn't file my I-485 in 2007.
Recently thru same employer I filed EB2 labor which got approved in Sept 2010. I have filed my I-140 under regular processing. I asked my attorney and he said as I already have one I-140 approved I should file this one under regular processing. USCIS might reject premium processing. Any advice.
My 6th year of H1-B is getting completed on Sept 2011.
Please suggest should I file my I-140 under premium processing? Should I try to convert it???
9 years and VayuMahesh any inputs... congratulations to u both for successful I-140 approval and porting....
Thanks in advance...
Hi GeetaRam,
I have not heard any one saying, my I-140 denied because of premium processing (I am not advising anything). It depends on the situation of their own. Ask your attorney and company if you can convert to premium and listen to them what they are saying. Based on their comments and input you can decide. As I-140 has to be supported by company we have nothing much to do except to request them. I wish you best of luck.
Regards.
I was following this thread and it has good information.
I have EB3 labor and I-140 approved with priority date March 2005. I couldn't file my I-485 in 2007.
Recently thru same employer I filed EB2 labor which got approved in Sept 2010. I have filed my I-140 under regular processing. I asked my attorney and he said as I already have one I-140 approved I should file this one under regular processing. USCIS might reject premium processing. Any advice.
My 6th year of H1-B is getting completed on Sept 2011.
Please suggest should I file my I-140 under premium processing? Should I try to convert it???
9 years and VayuMahesh any inputs... congratulations to u both for successful I-140 approval and porting....
Thanks in advance...
Hi GeetaRam,
I have not heard any one saying, my I-140 denied because of premium processing (I am not advising anything). It depends on the situation of their own. Ask your attorney and company if you can convert to premium and listen to them what they are saying. Based on their comments and input you can decide. As I-140 has to be supported by company we have nothing much to do except to request them. I wish you best of luck.
Regards.
more...
pictures Why play Plants vs Zombies?
needhelp!
03-12 01:28 PM
Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts.
You should find ways to participate if you click on the orange Action Alerts link.
Also, click on "Advocacy" and "Volunteer" in the blue menu bar at the top of every page. You will find TONS of things to do on an ongoing basis.
Did you:
Join your state chapter?
Send letters for FOIA campaign?
Send letters on the spate of I-485 denials?
Send letters to Senators regarding Housing Crisis?
Participate in Team IV?
All links are available under action alerts and first post of each of those threads has all the relevant information. I am not sure what other information you are seeking.
You should find ways to participate if you click on the orange Action Alerts link.
Also, click on "Advocacy" and "Volunteer" in the blue menu bar at the top of every page. You will find TONS of things to do on an ongoing basis.
Did you:
Join your state chapter?
Send letters for FOIA campaign?
Send letters on the spate of I-485 denials?
Send letters to Senators regarding Housing Crisis?
Participate in Team IV?
All links are available under action alerts and first post of each of those threads has all the relevant information. I am not sure what other information you are seeking.
dresses Plants vs Zombies, Plants vs
tikka
07-20 10:35 AM
Contributed $100. Will do again. Thanks to IV for the job well done.
your first post is a contribution.. cant wait for the second one :D
Thank you for the contribution...
your first post is a contribution.. cant wait for the second one :D
Thank you for the contribution...
more...
makeup Plants vs Zombies lands in
conundrum
03-12 03:54 PM
As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.
I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.
I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.
I know I am out of the rat race, so if you think I am being patronizing, my apologies.
I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.
I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.
I know I am out of the rat race, so if you think I am being patronizing, my apologies.
girlfriend Plants vs Zombies :
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!
hairstyles Plants vs. Zombies
akhilmahajan
10-25 11:15 PM
Same with me. I hope people understand that this is a serious issue.
GO I/WE GO
GO I/WE GO
susie
07-07 01:33 AM
Maybe you can share your situation so we can see if we can shed any light on your childs case
mbawa2574
07-06 01:27 AM
IV does not need a change in leadership. We have a very effective leadership that is working hard behind the scenes to bring about a positive change to the community. If we have not been noticing major changes, it's due to the passive (chaltha hai chalne do) nature of our community, who don't even lift a finger to swat a fly, until and unless they receive a RFE/NOID/Rejection letter from the USCIS.
No change in leadership will bring about any change, unless the community changes it's mentality, raises above narcissism, and becomes actively involved in the movement. This requires a "person with the face", a person ready to expose himself as a leader of the movement to motivate others; subjecting himself/herself to death threats (and other threats) from anti-immigrant goons like ITGrunt and others. Our fearless Aman Kapoor has made that bold sacrifice for the ungrateful community which blames him for all our collective failures.
So before proposing a change in leadership, I request Mr. Bawa to post his personal picture in the IV profile and/or publish a YouTube video of his ideas for the movement ( just like Aman's video on Immigration Voice). I can't vote for a faceless leader hiding behind anonymity. I need a real life person with real ideas. Do we have such New fearless leaders in our community?
I can post my picture or I may have a video on youtube. I am not trying to blame Aman. I am pointing at the wrong stratergy and a sleeping core team. They were good in 07 but not anymore. Let's find the new leaders. U can take names or call me whatever but I want something done above and beyond the idealism.
I have met Senators, I have visited Reps and met enough people on IV's directions, Nothing has changed as the directors were incompetent.
No change in leadership will bring about any change, unless the community changes it's mentality, raises above narcissism, and becomes actively involved in the movement. This requires a "person with the face", a person ready to expose himself as a leader of the movement to motivate others; subjecting himself/herself to death threats (and other threats) from anti-immigrant goons like ITGrunt and others. Our fearless Aman Kapoor has made that bold sacrifice for the ungrateful community which blames him for all our collective failures.
So before proposing a change in leadership, I request Mr. Bawa to post his personal picture in the IV profile and/or publish a YouTube video of his ideas for the movement ( just like Aman's video on Immigration Voice). I can't vote for a faceless leader hiding behind anonymity. I need a real life person with real ideas. Do we have such New fearless leaders in our community?
I can post my picture or I may have a video on youtube. I am not trying to blame Aman. I am pointing at the wrong stratergy and a sleeping core team. They were good in 07 but not anymore. Let's find the new leaders. U can take names or call me whatever but I want something done above and beyond the idealism.
I have met Senators, I have visited Reps and met enough people on IV's directions, Nothing has changed as the directors were incompetent.
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