Saturday, June 18, 2011

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  • ragz4u
    03-15 08:32 AM
    Did anyone else get through? I was trying www.capitolhearings.org Dirksen226!




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  • rennieallen
    09-28 08:51 PM
    They are working overtime for it, hopefully 24 hours as well. This is my fear even before this announcement that visa numbers be wasted again.

    Maybe we can volunteer to adjudicate each of our own case...lol!

    When I was a kid in school the teacher solved the bottleneck (of him/her doing the correction of tests) by having the students mark each others tests.

    I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)




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  • gcpain
    04-25 04:17 PM
    The priority date based on the person first entering/start wrking for US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one. This is good idea and fair deal to everyone which in turn follows FIFO method.




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  • softcrowd
    01-06 12:00 PM
    I studied in IIT (B.Tech), got M.S. and Ph.D. from here and now a professor. My observations/opinions are as follows:

    2. ....The rest are just crappy. And I know how crappy can they be from my experience. I have the misfortune of teaching 100's of students who come here with an Anna University (or Osmania) B.Tech./B.E. degree in engineering, and knows absolutely nothing. And I am not exaggerating: they cannot write an elementary program in any language (apparently they learn something called "theoretical" computer programming in which they do not actually learn to program); does not know any mathematics (most cannot integrate x*exp(x); one student could not tell me what is f(0.7) by looking at a graph of x vs. f(x)) and cannot operate simple lab equipments. It is just unbelievable! Anyway, moving on.


    I am not sure why people jump onto drawing conclusions so fast...look at the above post from a so called professor....he encountered a couple of a folks from some universities & concludes that those universities are just crappy....!! Many of my colleagues are from the professors' "oh-so-good" list of IITs/univs and they are no better!! (In fact, some of them suck so bad)!!

    raysaikat - Do you really think any student from the above crappy-univs could not tell what is f(0.7) by looking at the graph?? Do you really think those univs (anna/osm...) are so bad? Now another question for you prof....how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??

    PS: Sorry for digressing from the main topic of the thread.



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  • gc_chahiye
    07-20 06:37 PM
    July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.

    Well it's done. Happy now?

    I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.

    And now the massive backlog is the result.

    You can't have your cake and eat it too.

    No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.

    I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.

    Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.

    It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.

    One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.

    Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.

    thats one way to look at it. The other way to see this is that:

    - given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.

    -there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.

    - instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.




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  • saint_2010
    09-12 06:58 AM
    Bump....



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  • for_gc
    12-26 02:53 PM
    Not sure good or bad. but this is sure some news.




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  • Suva
    07-20 11:39 AM
    Extremely disapointed.



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  • chanduv23
    10-17 10:31 AM
    pd_recap and nk2006 - thanks for the initiatives - we will keep improving this effort in every possible way.

    Those who invoked AC21 - those who plan to invoke and those who do not plan to invoke must all work towards this. Who knows? A lot of people will be forced to invoke AC21 in future in this economy.

    So please take this seriously.




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  • smuggymba
    08-12 12:42 PM
    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.

    TCS used to do that 10 years ago, Infy never did it to the best of my knowledge.



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  • vin13
    03-12 03:20 PM
    With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.

    I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.

    There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.




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  • masti_Gai
    01-10 03:30 PM
    Am not going back no matter what....



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  • Libra
    09-10 02:17 PM
    thanks, will see you in DC.




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  • ganguteli
    03-12 03:35 PM
    Are you part of core?

    Can i take that core will not even give out information on what efforts it is lobbying currently?

    I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:

    Please do not convince your friends.

    If you are yourself not contributing, how will you convince them to contribute. :D



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  • vayumahesh
    11-08 09:33 AM
    Did you get your I-140 receipt? What is the online status?
    My company would not provide me with I-140 receipt or approval notice. They would just inform me of the status.




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  • nk2006
    10-21 03:32 PM
    I am sending PMs to senior members of forum requesting to send emails. Started with "A" :)

    Thank you for doing this.



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  • sam2006
    07-19 12:53 AM
    thank you :)


    Signed up mothly contribution from july.

    Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.




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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




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  • ursosweet
    07-20 01:02 PM
    no. of h1b issued in last 4 years 65kX4= 260k
    even if you double that (which i m sure is not the case), still it come to 500k.
    so ure over estimating it.
    thanks




    Lollerskater
    05-07 12:48 PM
    Received my stimulus package. I am H1-B waiting for 485.

    Thread title extremely misleading. The rules are clearly stated of how to receive stimulus package. OP's wife is clearly not eligible. We are all frustrated about USCIS but let's be fair to respective parties and not slander the innocent.

    Requesting a mod change the title or close thread.




    vayumahesh
    12-03 07:58 AM
    Congrats 9Years. What a big relief ...... Right !!! Finally DONE. I am waiting for the same moment .....



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