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  • PD_Dec2002
    03-17 10:55 PM
    Jayant,
    But again, the thing to know about this stimulus package/rebate is that this is not FREE money; it is merely an advance on your 2008 tax return. Remember that and think twice before you spend it foolishly. Better still, send it to IV, contribute to an IRA or fund your kid's 529 plan.

    Courtesy by the link:
    http://www.irs.gov/newsroom/article/0,,id=179181,00.html

    ajay:

    This was my source where I had read it about a month ago: http://money.cnn.com/2008/02/08/pf/taxes/rebates_what_you_need_to_know/ It was included in the answer for the question "Do I have to pay my rebate back". However, it appears CNN removed it...here's the ruckus about it: http://www.newsbusters.org/blogs/noel-sheppard/2008/02/08/cnn-deletes-line-about-tax-rebates-being-advance

    Anyway, thanks for pointing out. I will update my earlier post.

    So the correct information seems to be as follows:
    Impact on 2008 Tax Returns: The stimulus rebates will be calculated by the IRS using information on the 2007 tax returns. If taxpayers were entitled to a larger rebate based on their 2008 income, those taxpayers will be able to claim a tax credit for the additional amount. Taxpayers won't have to pay back the rebate, however, if using their 2008 income would result in a lower rebate amount.

    In any case, whether it is free money or not, the fact remains that some of the best ways to spend it is by sending it to IV, contributing to an IRA or funding your kid's 529 plan.

    Thanks,
    Jayant




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  • ars01
    03-12 04:50 PM
    This is unbelievable!

    Your PD is Apr 03 EB3 India and you got your GC. You won a lottery buddy. Any LUDs etc in recent past?
    No LUDs. I had not checked my case status in the last 4 months and then I just received this email.




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  • ashutrip
    06-22 11:28 AM
    Visa Bulletin suggests that severe cut-off date retrogressions are likely to occur early in FY 2008, which starts on October 1, 2007.

    So we still have some time on our side.
    Hope will keep us alive!!




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  • santb1975
    06-18 01:33 AM
    ??



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  • gcgcgcgc
    07-22 04:49 AM
    Hi Tina,

    Thanks for your reply. I am in Eb3. I am willing to relocate but you know that every state has different rules for Physical Therapists. As I have 3 yrs of experience from India, I wonder who can sponsor me.


    A lot of employers are willing to sponsor Schedule A applications, as far as you get your own lawyer & bare the costs, especially if they don't have an immigration department. So you may want to let them know that you have a lawyer who can file as soon as. Some employers already have the employment notice.

    You may already know these, but here goes
    www.ptjobs.com
    www.physical-therapist.com/
    rehaboptions.com/phone.html
    physicaltherapist.com




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  • pappu
    03-12 12:29 PM
    The vision and mission is same. This change is to acknowledge people who support us. We will continue to post public updates as we have done. We feel by having all sincere members who support us in one place we can do better in our efforts.
    members can still post questions and threads for free. All forums are available to everyone for free. Except the small donor forum.



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  • chisinau
    07-22 11:44 PM
    OK!
    Where are you schedule A? Come on, join this forum, share your opinion and propositions!

    Do all agree that "bridge bill" is the only real helpful measure for us? Or you can show us some other ways?

    I mean let's set at least one goal!

    After that we can establish what we have, and how we can make it real.

    Anyway, it might be quite difficult to organise such a work group, because the majourity of schedule A are outside the US, and on CP... But we all have our emploiers and attorneis who could help us to lobby our interests in the US.

    What do you think about it?




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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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  • chintu25
    07-15 05:06 PM
    Contributed 10
    Transaction Number 4190845




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  • phugar
    05-09 05:44 PM
    can you please let me know what all immigration documents they asked for. My loan with WellsFargo is approved and is currently being underwritten



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  • map_boiler
    07-06 12:01 AM
    duplicate thread...admin please merge this with "News Article Thread -3"




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  • sam_hoosier
    03-19 12:10 PM
    Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.

    There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:


    I was in the exact same boat 3-4 months ago. I had even paid $ 400 for appraisal and at the last minute the lender backed out.

    However, I have managed to secure refinancing at a substantially lower rate with a different mortgage company. Send me a PM and I can let you know the details if you are still in the market for a refi.



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  • diptam
    08-02 04:00 PM
    Whenever i read your Post i feel Good - The Rep that i spoke to USCIS told me that July 2nd filers has minimum wait till Aug 15th :D

    By the way there is a Prediction for OCT Bulletin in Market >>

    EB3 India retrogressed to MAY 2001 and so on , so forth - Enjoy...
    http://www.bibdaily.com/pdfs/Jan%20P...n%208-2-07.pdf

    I had an email conversation with my lawyer regarding 180 day portability. She said that the count for 180 days should begin with notice date for safe side.

    However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
    This is what i got from my lawyer.




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  • Googler
    04-30 03:28 PM
    Taking a break at work so decided to listen in. Aytes said something astonishing a little bit ago -- the FIFO was a great idea but under present circumstances it is not...something about very early PD applications may take longer...

    This is an outrageous statement and he deserves to be berated and grilled about it. I hope IV core is paying attention and will bring this to Lofgren's attention.

    I hope a full transcript will be made available. There should be a point by point response to all their BS.



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  • prinive
    07-06 01:28 PM
    it seems they are planning to honor the July VB and make chanes in Aug VB. So I guess they will accept the applications in July. :rolleyes:




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  • tcsonly
    11-10 08:37 PM
    Count me in. I am in Pasadena, Los Angeles county.

    C.



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  • ajay
    03-22 12:23 AM
    I am in a bind now, appreciate any advice,

    I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.

    My question is

    **Can my son come back on H4 even though I use my EAD to change jobs ?

    **Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.

    Thanks in Advance




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  • pointlesswait
    12-11 09:25 AM
    There are so many who missed the July 07...

    we should try to seek temporary relief..allowing to file for 485 even without PD veing current.


    CIR will happen when it has to happen..maybe after the health bill ...but IV not doing anything else while waiting for it is sad....


    I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....




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  • gchope07
    07-20 01:06 PM
    Well even if the amendment would have passed the chances that Bush would not veto it are very less since it had to do with troop withdrawal.




    singhsa3
    09-12 11:29 AM
    We won't know if it effective unless we execute it, which is the biggest issue with us "the execution".
    So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
    On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
    Well - what I say is - there is an issue and we have to fix it. But do you think such a tangential effort work?

    It is also known/unknown that USCIS simply does not have a system in place to locate files with old PDs - constant changes to system may have resulted in poor record keeping. I do agree that this issue has to be brought to limelight.

    I personally feel that any effort must be effective and not a half hearted effort - what I am trying to say is opening a thread and running 10 pages of messages and doing nothing? Does that work for us? Can that be effective?




    Libra
    09-11 07:56 PM
    anandsumit, anzerraja, laknar thank you for your contributions.



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