chisinau
08-01 11:55 AM
Latest update from shusterman about bridge legislation for schedule A:
Now, Senator Schumer is seeking to attach the Hutchison-Durbin Amendment to a piece of "must pass" legislation in August. For more information about the immigration of nurses and physical therapists, see "Nurse" page at
http://shusterman.com/toc-rn.html
and "Allied Health Professionals" page at
http://shusterman.com/toc-ahp.html
Hope they will pass it this time....
Questions:
When will be the August recess?
Are there any "must pass" bills, good for such an attachment, scheduled in the senate before the August recess? :confused:
Now, Senator Schumer is seeking to attach the Hutchison-Durbin Amendment to a piece of "must pass" legislation in August. For more information about the immigration of nurses and physical therapists, see "Nurse" page at
http://shusterman.com/toc-rn.html
and "Allied Health Professionals" page at
http://shusterman.com/toc-ahp.html
Hope they will pass it this time....
Questions:
When will be the August recess?
Are there any "must pass" bills, good for such an attachment, scheduled in the senate before the August recess? :confused:
hpandey
08-13 03:55 PM
What they are calling HEAVY DEMAND from EB-3 when it has been unavailable for the last two months and before that it was stuck in 2001. There are a whole lot of visas going to EB-2 people who filed in 2006 just two years back . If a person who filed in 2001 can't get his GC compared to a person who filed in 2006 then I don't think there is any hope .
I don't find their statement acceptable . There is demand only if there is supply . If the supply is zero how can there be demand ? Even if they allocated one visa to EB-3 and there were 10 people in the line before the cut-off date that could be called heavy demand.
I don't think the Congress is going to act until after the elections ( assuming they ever do anything to bring us relief )
I don't find their statement acceptable . There is demand only if there is supply . If the supply is zero how can there be demand ? Even if they allocated one visa to EB-3 and there were 10 people in the line before the cut-off date that could be called heavy demand.
I don't think the Congress is going to act until after the elections ( assuming they ever do anything to bring us relief )
natrajs
03-13 10:27 AM
IV has started a donor Forum for contributing members.
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I did many one time contributions before , Today I started my monthly contibution ( Paypal - Subscription Number: S-3GB61005N70576746)
Better Late than never.
Thanks
Natraj
http://immigrationvoice.org/forum/forumdisplay.php?f=109
Our monthly subscription based model will help members get access to this area for that time period. In the coming days we will be consolidating all previous subscribers who are continuing their subscription at present to be added as well. If you are an old continuing subscriber, and do not have access, do send an email to info at immigrationvoice.org with your name, email, amount subscribed every month and your IV ID. We will verify it and add you. If you have given a one time payment this month more than $25, we will be dividing it by $25 and the system will calculate the number of months you are subscribed. If you have the old $20/month subscription, please continue that. We will add you in the Monthly subscribers as well.
If you wish to subscribe, please click on the donate now link, adjacent to the green progress bar above and subscribe.
From now we will post IV updates on the donor forum so that members who contribute get the privilege of getting the information. If the information can be released for public, we will release it on the main forums after a delay. Donor forum will have the first access to the information. All donors will be identified by a 'donor' status in their profiles instead of junior/senior members.
If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.
Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.
Thank you for your continued support
I did many one time contributions before , Today I started my monthly contibution ( Paypal - Subscription Number: S-3GB61005N70576746)
Better Late than never.
Thanks
Natraj
sri1309
08-14 09:05 AM
Dear IV,
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
The basis for this is that some of the people here probably may not be comfortable to send to all the members due to whatever restrictions they may have(ideally they must be able to do themselves). If so, we can start a new campaign and make some fund and once again shoot that may flowers to make some difference. IV can go to a big place and place a huge order. Just my 2c.
Sorry if I sounded stupid.
Sri..
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
The basis for this is that some of the people here probably may not be comfortable to send to all the members due to whatever restrictions they may have(ideally they must be able to do themselves). If so, we can start a new campaign and make some fund and once again shoot that may flowers to make some difference. IV can go to a big place and place a huge order. Just my 2c.
Sorry if I sounded stupid.
Sri..
more...
desi3933
07-06 11:06 AM
.
>> Although 30,000 people are IV members
Update:
18,344 members have zero post.
21,807 members have zero or 1 post.
27,370 members have zero to 10 posts.
That should give an idea how many members are really "active" on IV.
>> Although 30,000 people are IV members
Update:
18,344 members have zero post.
21,807 members have zero or 1 post.
27,370 members have zero to 10 posts.
That should give an idea how many members are really "active" on IV.
tinamatthew
07-21 05:44 PM
Hi Tina,
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
Hi GC
Are you EB2/EB3?
Did your previous employer put up the notice for 10 business days?
Are you willing to relocate if you don't find a sponsor in NY. Time is not on our side if you are EB3.
Even if you found an employer who is willing to sponsor you now, you still have the problem of the 40 day poster.
Let me know.
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
Hi GC
Are you EB2/EB3?
Did your previous employer put up the notice for 10 business days?
Are you willing to relocate if you don't find a sponsor in NY. Time is not on our side if you are EB3.
Even if you found an employer who is willing to sponsor you now, you still have the problem of the 40 day poster.
Let me know.
more...
ragz4u
03-09 11:03 AM
Senator Sessions has now stated that he does have a few amendments in Title 2
sweet23guyin
10-01 11:39 AM
I am not as articulate as other posters in understanding/explaining recaputre, unused visa#, loaning visa# to FP......and so on. Reading all these post,I see every one are so frustated and every one want to do some thing and let USCIS know how imp these things are...but how:confused:...IDEA!!!...."FLOWERS".... I don't know why, but my long and short sense sayss....send some more flowerss again and again....
Message:
" Congratulation for not using the visa# for FY 2007, God bless USCIS"
Message:
" Congratulation for not using the visa# for FY 2007, God bless USCIS"
more...
Beta_mle
06-10 07:46 AM
This is not a free market for labour. This is no kind of freedom, let's call it what it is, it is indentured servitude.
iambest
09-11 07:01 PM
I am in!!
more...
chanduv23
09-12 01:58 PM
These are all good thoughts but what u are suggesting takes some time.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
I am not discouraging you for taking initiative - I am for it - let this be the first step towards doing something - but looks like we lack directive and path of execution.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
I am not discouraging you for taking initiative - I am for it - let this be the first step towards doing something - but looks like we lack directive and path of execution.
dhesha
02-18 05:58 PM
Can any body guess when I might get a Green Card? Ofcourse nobody knows but what do you think?
U will get ur GC at 06/06/2010 10:23:22:11:10:09 PM PST
U will get ur GC at 06/06/2010 10:23:22:11:10:09 PM PST
more...
sam_hoosier
01-04 11:53 AM
Every country has negatives, and I think people will highlight or hide India's negatives depending on their intentions to go back (or not).;) It helps in justifying one's decision.
Before we start comparing India & China, take a look at how many Chinese immigrants have either gone back or have decided to go back vs. Indians.
If educated & materially well settled people decide to go back to India and work for the betterment of the country, I dont see why things will not improve.
As JFK said - "ask not what your country can do for you, ask what you can do for your country."
Before we start comparing India & China, take a look at how many Chinese immigrants have either gone back or have decided to go back vs. Indians.
If educated & materially well settled people decide to go back to India and work for the betterment of the country, I dont see why things will not improve.
As JFK said - "ask not what your country can do for you, ask what you can do for your country."
singhsa3
09-11 05:18 PM
What about the issues like not following RD or PD?
What about being rude on the call?
What about the wild fluctuation in the bulletein?
Should we let these thing to continue?
What we are expecting after this calc. camp ? I dont think so they will revise bulletin nor they will give single extra visa above 140k. I think we should focus on HR 5882 .. We should send something to lawmakers.
Just a thought.
What about being rude on the call?
What about the wild fluctuation in the bulletein?
Should we let these thing to continue?
What we are expecting after this calc. camp ? I dont think so they will revise bulletin nor they will give single extra visa above 140k. I think we should focus on HR 5882 .. We should send something to lawmakers.
Just a thought.
more...
485Mbe4001
01-26 05:54 PM
I think there was a call last week at 7:15 which i missed, i checked my emails late.
paskal
07-11 11:33 AM
nothing will happen without extra GC numbers. we must fight for recapture and exemption. this move seems much too incredible to me. there are a few spillover numbers and a very large number of people waiting from 04-06. ther is no way these people are all (or even most) getting a GC in the short term.
we will end up seeing some random approvals and a lot of heartburn from many others. I truly wonder what is going on.....
we will end up seeing some random approvals and a lot of heartburn from many others. I truly wonder what is going on.....
more...
flipflop
10-03 05:10 PM
Every year congress mandates that 140k immigrant visas may be issued. Lets say, in a particular year 200k applications were sent in, but only half of them could reach a stage where they could be approved (rest half are stuck in name check et al). Now you can approve only 100k which means that 40k visas which could have been used will go wasted for that year.
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!
...
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!
malaGCPahije
07-16 11:31 AM
Even though I am a recurring contributor and I contribute to IV on top of my recurring contributions I had to make a contribution towards this campaign. Keep up the Good Work. See Details below:
**********************************************
Payee Amount Deliver By Confirmation Number Action
Immigration Voice
IV
$ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
Memo: High Five Campaign
Recurring contribution of $5 or $10 a month is a fantastic idea for this campaign. I am going to set this up myself. I would urge you all who do not have recurring contribution setup to do so too. $5 a month would not make a lot of difference to anyone. But it would make a lot of difference to IV if it happens each month.
**********************************************
Payee Amount Deliver By Confirmation Number Action
Immigration Voice
IV
$ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
Memo: High Five Campaign
Recurring contribution of $5 or $10 a month is a fantastic idea for this campaign. I am going to set this up myself. I would urge you all who do not have recurring contribution setup to do so too. $5 a month would not make a lot of difference to anyone. But it would make a lot of difference to IV if it happens each month.
qplearn
11-20 09:58 PM
Work in progress; . Nice job; Sent you a PM.
indyyy
04-11 03:02 PM
No, unfortunatelly, there are many thousands like me.
PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?
PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?
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