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  • Green.Tech
    06-03 05:09 PM
    Bump!




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  • xyzgc
    02-09 07:05 AM
    Wow, there you go! How come it becomes not 'stupid' when a girl spends husband's money to support her parents?


    This, effectively, means that if the girl stops earning for any reason such as pregnancy or is unable to earn, she immediately forfeits the right to send money to her parents. This is the most illogical statement I have ever heard.
    And it also means that for any reason, if a girl remains a house wife, she has no right to send any money to the parents like you, as the earning member, do.
    This is the very strange attitude that may get a marriage in trouble.


    Why shouldn't a husband send money to his parents from his earnings? The husband and wife can talk about it and based on circumstances take a decision.
    BUT if the girl takes for granted her rights to spend for her parents from husband's earnings, then it becomes an issue!

    Did I even say husband shouldn't send money to his parents from his earnings?
    But shouldn't that be also need-based? How come it is the right of the husband to send any amount of money he wants to his parents without the wife complaining and how come it becomes a case of "taking for granted" when a non-earning wife wants to send money to her folks in need? This is a hypothetical situation and nothing to do with OP's case.

    And then how is it we, husbands, are the first ones to start complaining when our wives don't get a share of our in-laws property following their demise?

    And tell me then, following a divorce why are there laws which require you to split your net worth evenly with your non-working ex-wife? Is that acceptable to you then or you want to put forth an argument that "hey, we don't have a child and she is no longer my wife and so I am not obligated to give her a dime"




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  • raysaikat
    01-06 11:26 PM
    raysaikat - You must be kidding by trying to prove that you have taught 1000s of Anna/Osmania University students & number of them are bad as you described. You started in 100s & are now talking about thousands and I am sure if this argument continues you would go to even higher numbers just for the heck of proving your point.

    Please read my statements properly. I have taught about 100 (the number of students in my last 5 classes were about 70, 30, 25, 25, 12). My colleagues have been observing the same issues for last 5-7 years when the number of students from India started to surge. The number 1000 is the estimate for over the 5 year period. Both numbers are conservative estimates.




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  • ksurjan
    07-06 05:36 PM
    I dont see anything about the law suit on OH site.
    Can someone explain what "Temporary Restrain Order" would do if it were successful. It sounds to me that the lawsuit is asking the court to temporarily invalidate the July visa bulletin so that USCIS will be forced to accept the applications. Is this a reasonable understanding? Any lawyers here?



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  • Milind123
    09-17 10:25 AM
    Please step up to the plate. Only five shots to be fired. Only a few precious hours left before I start my travel to DC and I don't mind talking to myself. You are most welcome to interject me with a post stating your contribution.

    In my posts so far, I have tried to maintain a distinction between donation and contribution. In my dictionary these are two separate words. If you go thru my earlier posts, I had never requested for donations, every time I used the word contribution.

    For me the only big difference is; donations are made because you heart told you to part with a small fortune because the cause was moving or the subject was close to your heart earlier (but it does not affect you now). Successful outcome is not probably important to you. (For example donating to American Cancer Society). You do not stay back to make sure the cause was actually fulfilled, you would like to, but other events in your life draw you away. Contributions on the other hand are part help and part self help. You believe in the cause and you stay back to make sure the outcome is moving in the right direction, and if it doesn’t, you tend to loose, not only your contribution but your passion too,which is valued so much more than your monetarycontribtion, and if the cause is getting lost you try to bring it back on the tracks someway, somehow.




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  • 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.



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  • skd
    04-14 12:58 AM
    Had anybody have to send Driving License for filing extention of h1b?




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  • vactorboy29
    06-11 05:59 PM
    I have been investing in Lottery every week 1$ .Hoping I may hit Jackpot and Donate some money to our community.
    My optimism says I may win lottery before I get green card or US congress works in our favor. Till then keep my finger cross..................



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  • manderson
    09-18 08:52 PM
    vparam/ anyone,

    i have 2 questions

    when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?

    also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?

    thanks in advance,
    manderson

    -----------------------------------------------------------------------------------
    Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
    �MurthyDotCom
    In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
    Source: http://www.murthy.com/news/n_yatmay.html
    I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.




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  • gemini23
    08-02 03:48 PM
    Thanks kondo. its really a good news.



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  • logiclife
    07-05 05:07 PM
    Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.

    Going to meet Congress Congresswoman Eshoo staff next week.

    Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.




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  • psaxena
    12-15 11:29 AM
    Please don't think as if the IV guys walk in and talk and there you go.... the change is in effect.

    It takes a lot to get the fixes like these.

    Moreover , do not donate with the "IF" condition. Just donate and trust IV , everyone is working as hard ,to get the relief in any way possible for the guys in the line.

    SO JUST DON'T WAIT AND START DONATING.


    Thanks to IV for that ..

    But the word "later" seems to be very distant, not just for us. but for the dependents too
    I believe this is administrative fix at least pre filing . This is more acheivable



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  • yabadaba
    07-11 01:23 PM
    And those who had applied in PERM in 2005, got their GCs already..
    I know a few who applied in PERM as soon it was introduced and got their
    GCs last year.
    not completely true...if people had filed their i-140 and i-485 before retrogression in 2005 (that means perm was approved before september 2005), they got their gcs last year, people like me with priority dates in sept 2005 (due to the general incompetencies that we have all experienced) were able to file only in july 2007.




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  • chanduv23
    06-10 10:48 AM
    Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.

    Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.

    There are reasons we MUST NOT do anything like that. Lobbying works on the long run. These days lawmmakers are more informed about the situation and it is just a matter of time.

    Do not lose hope - we will succeed.

    Please convince your friends and coworkers to make phone calls and visits to law makers offices.



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  • abhisec
    07-15 03:59 PM
    sent $10 thru bill pay. Let's keep going!




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  • Libra
    07-06 03:25 PM
    aarbi, did you do your medicals, did you loose your work day, did you paid your attorney, did your wife(if any) came back from middle of the vacation, did you had health problem when you done your medicals....did your app got stuck at USCIS for years......
    sleepless nights for those people who's answer is YES for most of the above questions

    why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!



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  • jung.lee
    04-04 12:55 AM
    :confused::confused:We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.
    ...
    Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
    ...
    [
    But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.

    Good luck.

    I am excerpting Internal Revenue Code Section 1361 below:
    Internal Revenue Code
    � 1361 S corporation defined.


    (a) S corporation defined.

    (1) In general.
    For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.

    (2) C corporation.
    For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.

    (b) Small business corporation.

    (1) In general.
    For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�

    (A) have more than 100 shareholders,

    (B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,

    (C) have a nonresident alien as a shareholder, and
    (D) have more than 1 class of stock.

    (2) Ineligible corporation defined.
    For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�

    (A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,

    (B) an insurance company subject to tax under subchapter L,

    (C) a corporation to which an election under section 936 applies, or

    (D) a DISC or former DISC.

    There is no mention here that the "resident" must be a permanent resident.

    Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:

    Reg �1.871-2. Determining residence of alien individuals.
    Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357

    (a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.

    (b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.

    Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:

    Reg �1.871-4. Proof of residence of aliens.
    (a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.

    (b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.

    (c) Presumption rebutted.

    (1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.




    (c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.


    In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.

    Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!




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  • bpratap
    04-25 11:41 AM
    its generally the case, where these loan officers doesn't understand the Immigration process.

    I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.

    Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.

    Dont worry, your loan will be approved.




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  • dhirajgrover
    01-14 12:11 PM
    There are 2 options in my opinion.

    1. Secure an appointment with the local ASC and have them expedite this case if you want to travel early. They may require some supporting documents. The appointment can be made via Infopass at http://infopass.uscis.gov/index.php

    2. Call USCIS at the number on your receipt notice. Select a series of numbers as per the prompts to talk to a Service Rep. Tell them your urgency to travel and they will expedite your case. It will take 5 business days from the date the request gets expedited to get a response back from USCIS.

    HTH.




    Blessing&Lifeisbeautiful
    08-03 09:08 PM
    guys,

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    Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.

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    tnite
    07-11 08:02 AM
    Does someone know by how many months EB2 has jumped??

    little more than 2 yrs



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