add78
07-11 02:51 PM
"Demand for numbers will result in the Employment Third preference Other Worker category reaching the annual FY-2008 numerical limit. As a result, this category will become “unavailable” beginning in August and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and the Employment Third preference Other Worker cut-off date will return to 01JAN03 in October, the first month of the new fiscal year."
Question is how long will it stay 01Jan03?
My PD is feb 03 :mad:
They are talking about the EB-3 Other Worker category, NOT EB-3 India (one row below EB-3-I in the bulletin)
If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
Question is how long will it stay 01Jan03?
My PD is feb 03 :mad:
They are talking about the EB-3 Other Worker category, NOT EB-3 India (one row below EB-3-I in the bulletin)
If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
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Aah_GC
04-30 03:51 PM
I wonder how these guys can engage in a discussion without knowing the basics. WTF??????
gonecrazyonh4
04-25 12:46 PM
Tax returns can be filed by illegal immigrants too with an ITIN number.
Any rule that doesnot discriminate betweten legal and illegal immigrants would just increase our woes.
Any rule that doesnot discriminate betweten legal and illegal immigrants would just increase our woes.
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vparam
07-21 10:46 AM
Currently it takes about 80-90 days for EAD when the 485 was just trickle, with the june filers it was expected to become more towards 90 days +. based on that with deluge of applications it will take around 6 months for july filers.
please note most of the post June 15th to June 30th filers are yet to get the reciepts. it takes approximately a month from then to get FP. which means that even june filers will get FP into late august september. With the FP being code 3 that is what kicks off the EAD.
So it is just that instead of being in one line the july filers will move into another line... but the good is that recent H4 people will not suffer years of waiting like the early PD people who have been waiting for years to be in EAD to get a job.
please note most of the post June 15th to June 30th filers are yet to get the reciepts. it takes approximately a month from then to get FP. which means that even june filers will get FP into late august september. With the FP being code 3 that is what kicks off the EAD.
So it is just that instead of being in one line the july filers will move into another line... but the good is that recent H4 people will not suffer years of waiting like the early PD people who have been waiting for years to be in EAD to get a job.
more...
Mouns
04-30 03:05 PM
... King is happy with the current numbers. "Don't take the risk to go over the caps" he says...
tnite
07-11 07:18 AM
I couldn't believe this. Wonderful news. Thanks
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
more...
ksefiane
09-12 03:10 PM
I have contacted newsrooms in Lynchburg, Roanoke, Charlottesville, Richmond, Danville, Blacksburg, and the New River Valley.
Thanks!
Karima
Thanks!
Karima
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gimme_GC2006
02-09 10:27 PM
The first bulletin with Eb1 and Eb2 spill over.
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D
more...
globaldesi
04-18 10:54 AM
Just got my 140 approved...no confirmation from the employer yet but received email from CRIS saying they mailed the approval on April 15. Looks like the published processing times are being adhered to.
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chanduv23
09-12 10:34 AM
For those who are still thinking - just do it - you will be very happy that you did it.
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Devils_Advocate
07-06 03:58 PM
Actually i think you guys have misconstrued Teli's comment, he didn't make that quote himself, he just quoted what one of the ugliest Anti Indian said to us on his blog today
Life of an I.T. Grunt (http://itgrunt.com/)
BTW TunnelRats blog was pulled off from the servers for his shit langauge against Indians;)
He is now using an offshored server!
Life of an I.T. Grunt (http://itgrunt.com/)
BTW TunnelRats blog was pulled off from the servers for his shit langauge against Indians;)
He is now using an offshored server!
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snathan
08-12 12:17 PM
True. But why then does an employee want to join such company ? It is not that you are not aware of all these before you step to this country through Infy or TCS ?
I never worked for them. But I have seen so many people suffering and they are ready to suffer to be in the US. I dont want to deviate from the thread..so lets stop this discussion about INFY.
I never worked for them. But I have seen so many people suffering and they are ready to suffer to be in the US. I dont want to deviate from the thread..so lets stop this discussion about INFY.
more...
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mirage
04-01 12:10 PM
It is time now we ask USCIS about this information. More than DOS or DOL it is the USCIS who has all this information in their bags like how many applications they have from high chargeability countries, of which year and which categories. So we stop predicting and be ready for the real....
With all the revenue and system they have, do you think this is so tough to streamline? I doubt.
They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.
With all the revenue and system they have, do you think this is so tough to streamline? I doubt.
They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.
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sheelalann
05-21 12:54 PM
i have seen cases where date was ported only after the letter was sent
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gc_maine2
04-04 10:27 AM
:confused::confused:
I am excerpting Internal Revenue Code Section 1361 below:
Internal Revenue Code
� 1361 S corporation defined.
(a) S corporation defined.
(1) In general.
For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.
(2) C corporation.
For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.
(b) Small business corporation.
(1) In general.
For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�
(A) have more than 100 shareholders,
(B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,
(C) have a nonresident alien as a shareholder, and
(D) have more than 1 class of stock.
(2) Ineligible corporation defined.
For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�
(A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,
(B) an insurance company subject to tax under subchapter L,
(C) a corporation to which an election under section 936 applies, or
(D) a DISC or former DISC.
There is no mention here that the "resident" must be a permanent resident.
Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:
Reg �1.871-2. Determining residence of alien individuals.
Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357
(a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.
(b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.
Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:
Reg �1.871-4. Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.
(b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.
(c) Presumption rebutted.
(1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.
(c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.
In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.
Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!
Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??
Thanks
sree
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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GCBy3000
07-18 12:09 PM
Where are the new members whom I see on other 485 related forums?
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asanghi
09-12 07:30 PM
How do I place the google order? This is going to be my first contribution..
Click on "Contribute Now" on very top of the page.
Scroll down until you see blue colored "Buy Now" buttons.
Click on the blue button for amount you want to contribute.
Follow directions thereon.
Click on "Contribute Now" on very top of the page.
Scroll down until you see blue colored "Buy Now" buttons.
Click on the blue button for amount you want to contribute.
Follow directions thereon.
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JunRN
05-28 06:31 PM
I finally got the Loan Approved !
The underwriters was OK with my H1B + I-140 Approval + I-485 Reciept.
Thank you all for the tips and leads.
After a long 60 day wait, I m finally getting the house on Monday. :)
Congratulations!
I never had a problem with my immigration status in regards to getting a home loan. In fact, I got approval from 3 banks and I chose the one with lowest interest.
The underwriters was OK with my H1B + I-140 Approval + I-485 Reciept.
Thank you all for the tips and leads.
After a long 60 day wait, I m finally getting the house on Monday. :)
Congratulations!
I never had a problem with my immigration status in regards to getting a home loan. In fact, I got approval from 3 banks and I chose the one with lowest interest.
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Libra
09-12 11:10 AM
thank you sameold and sukhwindered for your contributions, hope to see you guys in DC.
BPforGC
03-18 10:13 AM
If you pass substantial presence test and treated as resident for tax purposes, you get the check from IRS. Mots of us file 1040A for taxes. Only few of us do not qualify as residents for tax purposes file 1040NR, those don't get.
If your spouse doesn't work and have a child, then you may qualify as head of household and sometimes get bigger check.
Only few desi's will not qualify for this check but whoever stays here for more than couple of years and filed taxes in 2006, don't worry.
If your spouse doesn't work and have a child, then you may qualify as head of household and sometimes get bigger check.
Only few desi's will not qualify for this check but whoever stays here for more than couple of years and filed taxes in 2006, don't worry.
mangelschots
06-01 03:25 PM
AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
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