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  • snathan
    08-12 11:51 AM
    This will infact increase offshoring.

    These companies will pay the extra fees, but will change their onshore/offshore model. Will use less H1/L1 visas , but will increase the headcount of offshore operations.

    So the smart senator will force more jobs to be outsourced. These jobs will never comeback once gone. If we look back at the 2000 recession, it caused a major shift in the way US companies looked at outsourcing. Pre-2000 many companies didn't believe that all jobs could be outsourced. 2000 recession forced them to think otherwise.

    These kind of bills will cause a re-thinking in corporate america's thought process. They will think of creative ways to outsource. Against this senator's hopes, it will reduce jobs here.

    Not true. Whatever they can outsource, its already gone. There are certain position where the clients demand onsite resource. I am not supporting this bill in anyway, I hate infy as much as I hate this bill. Remember these companies did not leave any stone unturned, milked the client every possible way and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.




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  • gc_on_demand
    04-30 04:00 PM
    I have the Real video recording for the last 23:45 minutes of the session...
    Let me know if someone wants it... its about 6MB in size...

    can you please upload somewhere so people like me who missed this show can see it. Lawer RON mentioned this morning that it will upset stomach. If want to be sick then see such a show.. I dont care if I become sick let me watch for fun.. A comedy show...




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  • uma001
    09-27 09:44 AM
    Landed on 03/1997 on H1B. Didn't file for GC until 2003 as plan was to work for 2-3 years, get into an MBA program, and then go back.

    MBA resulted in loans of $120K which in turn meant spending some more time in the US which resulted in buying a house which resulted in even bigger loan.

    Now living the American "dream" on EAD.

    You must be earning more than the debts you have from MBA per year. With that you should have paid the loans.




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  • tushbush
    03-05 04:01 PM
    same here my friend.

    ditto



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  • sam_hoosier
    08-26 01:47 PM
    I know this is not the Forum to discuss this matter.

    But I hope this should answer some questions

    1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
    then it is Tax deductible because they send out a 1040 at the end of Tax year.

    2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.

    I am not sure thats correct.

    Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
    (please consult your tax advisor for applicability to your specific tax situation).




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  • gcseeker2002
    08-10 11:05 PM
    I just got mail from lawyer with the Receipt nos for myself & Spouse got online. Receipt notices not yet received.
    Hang on there everyone will get it sooner or later

    I485 Filed: Jul 2nd 7:55 AM (received by R.Williams)
    Revd at : NSC
    Transferred to TSC: No
    ND: Aug 7th
    I-140 approved: Jun 2006 @ TSC
    EB3 PD - May 2002
    As per the tracking no. given by my lawyer, my app also received at 7.55 AM on July 2nd, signed by R.Williams , but my check not cashed yet, no receipts yet, what a mess....



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  • PD_Dec2002
    06-02 08:35 PM
    My interpretation of:

    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the and [I]were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.

    IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
    1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
    2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].

    Only the two scenarios above are eligible to continue/file under the old system.

    Thanks,
    Jayant




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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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  • funny
    09-11 07:17 PM
    I am in too...its not going to harm anything...




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  • paskal
    07-20 02:27 PM
    this is not over
    this might just be an opening salvo.
    these things usually get negotiated behind the scenes.
    things of note in this event:

    1. we garnered 55 votes in support, in any up and down vote we win.
    2. Durbin was the man again...that derailed us.



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  • gc28262
    07-06 09:14 AM
    I think it is time we threw away the concept that democracy is the best.
    Look at Obama the socialist and anti-immigrant law makers in this country who are playing to the gallery. Are they doing any good for this country ?

    I always prefer an open self nominated leader to a democratically elected leader.

    OP should work with IV core/even get involved in a serious conversation with core team to promote his ideas. I am sure core is open to suggestions and entertain discussions from well meaning members.




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  • for_gc
    10-01 04:27 PM
    If let us say 20,000 visas were unallocated in 2007 and USCIS realized that on the 28th of September, 2007, they still wont be able to use up those 20,000 visas. Because the priority dates were pushed back so far that there probably isn't that many applications that have completed the fingerprinting and name check stage. So, we have another reason to believe that USCIS may not be able to use up all the visa numbers just because of the priority dates (even if they worked throughout the weekend).

    So it makes sense "now" to put the cut off dates a little conservatively because USCIS has already received those applications. They should be allowed to approve them according to the visa number availability and the case status in a first come first serve basis (considering the receipt and priority dates).

    Well said.



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  • JunRN
    10-24 12:19 AM
    If this becomes a law, the USCIS will draft the rules. Definitely, those who are already in line will be allowed to use the recaptured visas and will pay the fees for that. They will also retain the PD.

    I am hoping for the best this time.




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  • yabadaba
    08-08 04:02 PM
    please guys just write as many as you can...as i pm'ed pappu...my piece was touchy feely, because i wanted it that way. He suggested some additions to add contributions of immigrants/details of retrogression but I declined cos i felt the touchy feeliness (so to speak) would be diluted.

    the more number of op/eds we have, the more they can have an ongoing set of articles that can flow to the news media. Momentum!



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  • eb3_nepa
    07-06 12:13 PM
    They are covering their STINKIN A**




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  • perm
    07-20 04:07 PM
    She recently announced in her campaign that she will increase the H1B visas
    She also made a statement that she will try for more benefits for permanent residents.

    She does not want to support only the people who are in the process of immigration???

    Whats up with that.

    [/B]

    Thats after she wins the election..!!!



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  • eb3_nepa
    04-25 01:04 PM
    So what happens to people who already have a PD based on the labor(LC) date?

    I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.

    I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.




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  • GCard_Dream
    01-03 03:47 PM
    May be we need to start a immigrationvoice.org in India as well to address these issues. :D

    Seriously, I had never thought about these things, specially when you have a citizenship. There may be such a few number of people going back after getting US citizenship that it's probably not even considered an issue but worth a discussion.


    As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
    - if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
    - if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?




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  • nlssubbu
    07-24 07:41 PM
    I keep reading people getting emails from USCIS. I don't remember providing my lawyer with my email address? When/where do you provide the email address? Tx

    Please create an user id for you and add all the case numbers associated with you here:

    https://egov.uscis.gov/cris/jsps/index.jsp

    Whenever there is an update regarding the cases related to you, USCIS will send you an automatic mail.

    Thanks




    srikondoji
    09-30 05:24 PM
    Hi guys,

    Just waiting for my wife to receive her SSN number with her EAD card.

    How long will it take to get the registration of new company? Assuming i start it tomorrow.

    Do you have to transfer the domain names, account details with web hosting company to my wife's name?
    Or let them be under by name and just make the LLC under my wife's name and let her run the show?

    All the accounts that are responsible to make/receive payments should be under my wife's name or just be under this new LLC name?

    Thanks
    sri




    gctest
    09-13 09:56 PM
    are bhagwan... kash maine substitue labor use kiya hota....

    I would have been approved by then...

    Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.




    Delete this moron's login.. I bet he has a substitute eb2 labor himself - talk about morality


    - $ 50 monthly to IV since June 2006



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