test101
07-05 04:08 PM
Please no web faxes.. if you want to do anythin fax you personal story.
personal stories and simple words are making effect more than standered fax.
personal stories and simple words are making effect more than standered fax.
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pappu
09-08 09:07 PM
Dear members,
As we enter the final week of our rally preparation we would like to thank our members that have indicated that they would be coming for the rally. We also want to thank all state chapter and action item leaders for helping us out in this massive effort. This planning, coordination and implementation cannot happen without the help of each and every member. Help has ranged from phone call campaigns, publicity campaigns, media campaigns, lawmaker meetings, banner preparations, Merchandise set up, state chapter activities, Bus initiatives, Transportation and accommodation initiatives, sponsorships, reaching out to law offices and like minded organizations etc to tasks as important as deciding the Dinner menu for the Sept 17 event.
We still have a long way to go in our planning and implementation. IV membership is working hard to make this rally a success. The Sept 17th lobby day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted this week. We are planning a big reception event on September 17, from 6PM to 9PM at the Cannon Building in DC. IV members, lawmakers, staffers, industry leaders and other like minded organizations are expected to attend this event. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a big Press event on Sept 18th that we are planning. There are several initiatives being taken to have a big media push for the rally. The rally is in itself a huge task that requires planning from getting all police permits (which we already have) to transporting rally material, providing registration opportunity for members, getting lawmakers to address the rally to details like stage and sound system.
All this has required IV to invest heavily. We already invest almost all in our lobbying efforts and remaining little in Website maintenance till now and somehow manage to run this organization on shoestring budgets. We need about 30 thousand dollars in the next 8 days to make sure we can meet our needs and also make a big impact via this rally. This rally will most certainly bring our issues to the national center stage and help us get much needed immigration relief.
This post urges everyone to come forward and help us in this short term funding drive. If you have not contributed till now, please consider contributing. If you have got your Receipt notice/FP notice/EAD etc. then do show your admiration for our combined effort via lobbying, San Jose rally and Flower campaign that enabled everyone to file their I485s. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort.
We need help from each and every member reading this post. We will continue to post updates. Please visit IV site regularly.
Thanks
IV team
Sept 13, update.
Here is a small update on this drive. After seeing such great support and commitment from everyone, we have decided to invest in some media publicity effort. You will see a major push in this by Immigrationvoice and we all will be happy to see the kind of awareness and impact it will make on the Rally day. We have a modest budget of 11 thousand dollars for this effort added to the overall need of 30 thousand for the rally effort. Lets reach of this number (30+11= 41K) and even exceed the expectations in the next 4 days.
Sept 14 Update
Some fruits of the contributions members have made towards media and publicity work
http://immigrationvoice.org/forum/showthread.php?t=13395
http://immigrationvoice.org/forum/showthread.php?t=13392
We are able to do it, only because members are supporting it. More will follow until the date of the rally that will make us all proud. Thank you for your support. Pls. keep it up.
As we enter the final week of our rally preparation we would like to thank our members that have indicated that they would be coming for the rally. We also want to thank all state chapter and action item leaders for helping us out in this massive effort. This planning, coordination and implementation cannot happen without the help of each and every member. Help has ranged from phone call campaigns, publicity campaigns, media campaigns, lawmaker meetings, banner preparations, Merchandise set up, state chapter activities, Bus initiatives, Transportation and accommodation initiatives, sponsorships, reaching out to law offices and like minded organizations etc to tasks as important as deciding the Dinner menu for the Sept 17 event.
We still have a long way to go in our planning and implementation. IV membership is working hard to make this rally a success. The Sept 17th lobby day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted this week. We are planning a big reception event on September 17, from 6PM to 9PM at the Cannon Building in DC. IV members, lawmakers, staffers, industry leaders and other like minded organizations are expected to attend this event. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a big Press event on Sept 18th that we are planning. There are several initiatives being taken to have a big media push for the rally. The rally is in itself a huge task that requires planning from getting all police permits (which we already have) to transporting rally material, providing registration opportunity for members, getting lawmakers to address the rally to details like stage and sound system.
All this has required IV to invest heavily. We already invest almost all in our lobbying efforts and remaining little in Website maintenance till now and somehow manage to run this organization on shoestring budgets. We need about 30 thousand dollars in the next 8 days to make sure we can meet our needs and also make a big impact via this rally. This rally will most certainly bring our issues to the national center stage and help us get much needed immigration relief.
This post urges everyone to come forward and help us in this short term funding drive. If you have not contributed till now, please consider contributing. If you have got your Receipt notice/FP notice/EAD etc. then do show your admiration for our combined effort via lobbying, San Jose rally and Flower campaign that enabled everyone to file their I485s. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort.
We need help from each and every member reading this post. We will continue to post updates. Please visit IV site regularly.
Thanks
IV team
Sept 13, update.
Here is a small update on this drive. After seeing such great support and commitment from everyone, we have decided to invest in some media publicity effort. You will see a major push in this by Immigrationvoice and we all will be happy to see the kind of awareness and impact it will make on the Rally day. We have a modest budget of 11 thousand dollars for this effort added to the overall need of 30 thousand for the rally effort. Lets reach of this number (30+11= 41K) and even exceed the expectations in the next 4 days.
Sept 14 Update
Some fruits of the contributions members have made towards media and publicity work
http://immigrationvoice.org/forum/showthread.php?t=13395
http://immigrationvoice.org/forum/showthread.php?t=13392
We are able to do it, only because members are supporting it. More will follow until the date of the rally that will make us all proud. Thank you for your support. Pls. keep it up.
lonedesi
07-11 08:49 AM
I congratulate everyone whoes PD becomes current beginning of next month. But be aware that all of this is no good until USCIS acts on it. USCIS has to match and increase their pace of processing I-140 & I-485s for people to benefit of this movement. There are thousands of people whose PD have been current since April of this year and still they see no movement on their cases. PD becoming current is just the first & crucial step in this long process, but now it all depends on how well USCIS responds by processing cases in FIFO manner.
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Humhongekamyab
04-30 02:24 PM
It's live...the webcast.
more...
lkyme
04-25 12:13 PM
That is a wonderful proposal and should be given due weight. Despite the early arrival, an individual may not filed his/her GC due to several reasons. Most commonly found / heard are
1. Company closures/ Layoffs / Transfer to different state
2. Employer / attorney delay and / or fraud in filing GC
3. Delays in processing Labor in certain states / backlog centers
This proposal seems a ray of hope for people in the above category. God bless Rajeev74 and all. Let this be heard and got attention at the policy level.
1. Company closures/ Layoffs / Transfer to different state
2. Employer / attorney delay and / or fraud in filing GC
3. Delays in processing Labor in certain states / backlog centers
This proposal seems a ray of hope for people in the above category. God bless Rajeev74 and all. Let this be heard and got attention at the policy level.
john2255
07-20 01:46 PM
1. Sen. Cornyn yesterday offered the bridge amendment.
SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669.
The amendment was ruled out of order by the Chair of the Committee, after a Motion by Sen. Durbin (D-IL) and a vote more-or-less on party lines. This is hopefully just a procedural slowdown. HLG is aware that alternative procedural options are still being considered.
The amendment also called for a one-time increase in H1 visas, which seemed to be the reason for the amendment’s defeat.
What you can do.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for foreign trained nurses and PTs. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669.
The amendment was ruled out of order by the Chair of the Committee, after a Motion by Sen. Durbin (D-IL) and a vote more-or-less on party lines. This is hopefully just a procedural slowdown. HLG is aware that alternative procedural options are still being considered.
The amendment also called for a one-time increase in H1 visas, which seemed to be the reason for the amendment’s defeat.
What you can do.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for foreign trained nurses and PTs. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
more...
skc526
07-18 04:57 PM
Contributed $100 for now through Google checkout. Will be giving more eventually. :)
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nk2006
10-24 03:05 PM
Seems like there are more such cases - there is a news item on this topic yesterday on www.immigration-law.com with the title "10/23/2008: Increasing Customer Reports of Denial of AC-21 Ported I-485 Applications Without NOID by USCIS Upon Petitioner's Withdrawal of Approved I-140 Petitions"
Seems like they too dont know whether its related to untrained USCIS staff's mistake or some other issue.
Seems like they too dont know whether its related to untrained USCIS staff's mistake or some other issue.
more...
shreekhand
07-18 05:50 PM
priti8888,
That is not true. Receipt Date is when the service center physically receives the package. They date stamp it and then use it to enter that RD when they generate the Notice on the ND.
What you see on the status page for sure reflects the ND and NOT the RD. So you can pretty much ignore what the status page says and rely on what your physical notice says (it states the actual RD when they physically received the package!)
Hope this is a clear explanation.
RECIPT DATE is the date when they input your info in the system. Before inputting in the system they check I140,medicals,etc. Notice date has no bearing. If your packet looks fine you get your receipt number and then you will be able to view the status on uscis.gov. The status will be something like "On july 9th 2007 we received your applivction ..............etc"
"Status :case received and pending"
That is not true. Receipt Date is when the service center physically receives the package. They date stamp it and then use it to enter that RD when they generate the Notice on the ND.
What you see on the status page for sure reflects the ND and NOT the RD. So you can pretty much ignore what the status page says and rely on what your physical notice says (it states the actual RD when they physically received the package!)
Hope this is a clear explanation.
RECIPT DATE is the date when they input your info in the system. Before inputting in the system they check I140,medicals,etc. Notice date has no bearing. If your packet looks fine you get your receipt number and then you will be able to view the status on uscis.gov. The status will be something like "On july 9th 2007 we received your applivction ..............etc"
"Status :case received and pending"
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tikka
07-05 01:34 PM
I just used the letter above (slightly edited) to email senators Bennett and Hatch from Utah.
Today I made my first $100.00 contribution to IV. Go IV!
for your contribution :)
Today I made my first $100.00 contribution to IV. Go IV!
for your contribution :)
more...
bpratap
07-21 12:53 AM
They may not consider EAD, but if you submit a copy of I-140 they will consider that.
I also had to go thru a cycle of process, but finally they approved on on submitting a copy of I-140 Approval letter
I also had to go thru a cycle of process, but finally they approved on on submitting a copy of I-140 Approval letter
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vkallank
07-18 10:23 PM
Amit, i have sent you a PM. :)
Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
Minimum $50/month.
Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
Minimum $50/month.
more...
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gc28262
07-15 08:02 AM
Sent my $5 throug bill pay.
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needhelp!
09-10 08:08 PM
20000 more to go!
Checks and bill pay please send to:
Immigration Voice
PO Box 114
Dayton
New Jersey -08810
Telephone: (202) 386-6250
Please post here when you contribute.
Its great to see the progress and it encourages others to step up and do the same.
WE CAN DO IT!!
Checks and bill pay please send to:
Immigration Voice
PO Box 114
Dayton
New Jersey -08810
Telephone: (202) 386-6250
Please post here when you contribute.
Its great to see the progress and it encourages others to step up and do the same.
WE CAN DO IT!!
more...
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WeShallOvercome
07-05 01:52 PM
Good job pcs !!
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
I met the local office of my Congressman with the following documents to make it easy & simple..
A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )
A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.
Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July
Above was good enough to convince them regarding the mess & they promised action on their part..
IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS
NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION
This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.
I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date
Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.
Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony
Since your butt is on fire like mine.... I do not think I need to convince you to act on this
Best wishes
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
I met the local office of my Congressman with the following documents to make it easy & simple..
A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )
A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.
Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July
Above was good enough to convince them regarding the mess & they promised action on their part..
IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS
NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION
This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.
I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date
Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.
Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony
Since your butt is on fire like mine.... I do not think I need to convince you to act on this
Best wishes
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needhelp!
09-10 05:40 PM
Thank you singam, cirigadi, sirinme
Once again.. those who want to contribute smaller amounts.
Send them to:
Immigration Voice
PO Box 114
Dayton
New Jersey -08810
Telephone: (202) 386-6250
Once again.. those who want to contribute smaller amounts.
Send them to:
Immigration Voice
PO Box 114
Dayton
New Jersey -08810
Telephone: (202) 386-6250
more...
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pd_recapturing
10-17 10:13 AM
I have got a PM from another IV member whose 485 got denied yesterday because of 140 revocation. He switched the job after 180 days and sent AC21 docs as well. He is willing to share his ordeal with us.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
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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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ragz4u
03-08 11:48 AM
nothing concernign guest worker program? Backlog?
Beppen, I joined the conference a little late and heard of Sen. Brownback's amendments for extension of J1 visa rule and no cap for nurses/physical therapists in H1. They will reconvene at 2.00 again and present more amendments if there are any
Hope this helps
Beppen, I joined the conference a little late and heard of Sen. Brownback's amendments for extension of J1 visa rule and no cap for nurses/physical therapists in H1. They will reconvene at 2.00 again and present more amendments if there are any
Hope this helps
lengthylabor
03-04 12:31 PM
related.... my PD is no where near current.... but got an email for RFE on dependent application yesterday.....
gcformeornot,
Is your application with NSC or TSC ?
gcformeornot,
Is your application with NSC or TSC ?
sanju_dba
08-12 11:46 AM
:eek: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.
after outsourcing at its peak , then comes tag a fee for every outsourcing byte flowing via internet....
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.
after outsourcing at its peak , then comes tag a fee for every outsourcing byte flowing via internet....
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