leonardo dicaprio young_26

images I#39;d met at HotJobs, folks I knew from my brief stint in investing,

Olympian John Taylor: Golden Life of Forgotten Black Star

hebron

10-28 02:37 PM

Thanks guys for posting your experiences.

I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.

I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.

I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?

---

wallpaper Olympian John Taylor: Golden Life of Forgotten Black Star

Last night at the Union Square Theatre in New York City was the theater

mallu

10-01 01:54 PM

Instead of wasting visa numbers , they should allocate to those who cleared namecheck and all other processing. Agreed, this might allow a person who started PERM in 2007 to get gc in hand in 2007 itself compared to a person with PD 2001 EB2 , applied I-485 in 2003 and stuck in name check. But it is better than wasting the visa numbers.

---

Classic Country Music Game Show: Price: $0.99

kshitijnt

06-26 10:56 PM

America does not need to do anything to get more workers. People will keep coming and it will always be a positive flow of good talent into America. The only Indians (and others) who might tell you that they do not want to come to the USA and the American dream is gone, etc., are talking bull and they know it. They will jump on a plane "the next minute" and come if the could. It's the same thing always: Go back Yankeee.................................and take me with you."
That will never change. If it did we would not have IV forum or so many members.

Vivek I do not fully agree with you. I do agree that first timers are eager to come to America but once the game gets exposed they will have second thoughts. Why there are no takers for german green card? Or why do people apply for HSMP in more numbers than any other european country. Because atleast on the face of it, that promises a long term path. How many people will want to jump on the plane if America says there will be no green cards, how many people will be attracted to it? America wants to have it both ways, they want people here but do not want to give GCs either.

I graduated from a good college in India. My classmates are divided 50-50 in US and India. The people who are putting up here either did very well and were toppers or failures. All others stayed in India and they will come here only if there is a long term benefit to come here.

---

2011 Last night at the Union Square Theatre in New York City was the theater

…let #39;em now that you#39;re asking for dough soon…

stldude

07-06 02:56 PM

Anything we can do to get through without having to spend sleepless nights till Oct'.......

---

more...

We#39;re Still at War: Photo of the Day for May 3, 2011

leoindiano

06-11 09:19 AM

i dont agree with you, These things are against the law.

1)
All we need is a recapture. Lets concentrate on the bills in congress and senate and get them passed. This needs very less effort than what you prescribed.
2) If 1 fails,
There is no descrimination as such, this is more of a outdated law and bureacratic delay caused wastage of numbers, lets fight it in legal system. Some asylum case won against wastage, why not ours? We have big numbers, If everyone can contribute, this will happen. Hire the same lawyer and am sure he/she wont charge more than what(if any) they charged to an asylum case....

---

Fact, Fiction, and the New $1 Billion Lawsuit Against Mark Zuckerberg

reddymjm

03-12 11:18 AM

I too support this. There are exceptions always.. and will be I guess..

---

more...

via farm5.static.flickr.com

gc28262

03-12 12:30 PM

Pappu,

I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.

Rethink!

I think IV core can give lifetime exception to active members like 'ItIsNotFunny' for their efforts. For others, let monthly contribution stay.

---

2010 Classic Country Music Game Show: Price: $0.99

I#39;d met at HotJobs, folks I knew from my brief stint in investing,

gc_aspirant_prasad

07-05 12:13 PM

I had called my congressman & the senators from my state.
They didnt know anything about this so I requested them to study Congresswoman Zoe Lofgren s statement along with telling them my story - expenses, time lost, travel cancelled etc.

---

more...

YOU CANNOT, is the answer.

surabhi

07-18 05:45 PM

Set up for $50 recurring contribution. Never in my life did I felt so charged up as I did in last few days. Thank you IV for inspiring.

I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.

---

hair …let #39;em now that you#39;re asking for dough soon…

Restrepo co-director Tim Hetherington killed in Libya

jay1ram2

08-23 07:33 PM

Mu thpoughts and assumptions. Might want tot talk to your attoney too

> First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval

> Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs

> As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"

> You might want to check your application once too

thanks
satish

Mine is "Advanced Degree, or Exceptional Ability". I got my I-140 approved in June 2007 and haven't filed my 485 because I was not married at that time.

---

more...

Pocket Elves: Price: $1.99 “LOT OF FUN! Pocket Elves is lovely done game

485Mbe4001

08-15 11:50 AM

True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.

We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.

What are your thoughts?


actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact

---

hot We#39;re Still at War: Photo of the Day for May 3, 2011

monster tucks nitro 2. Monster Trucks Nitro 2: Price: $2.99

stldude

07-06 12:46 PM

I called USCIS just for fun and the rep. who answered seems to have the updated VB. He says one is linked to another and he doesn't know what this means.. He asked me to wait for 15 days and call them back..

Something's Fishy here. >>>>>>>>>>>>>

PD - May 2003 / EB3
Missed the Boat by a day - Mailed on 6/28 and reached Uscis on 7/2.

---

more...

house The Karzai I knew then is different from the Karzai I see now -- but he has

From Random House: quot;Jerry Spinelli is the author of more than a dozen books

vikasgarg24

07-21 07:05 AM

Friend

I recently got a aloan from BOA on EAD without any probem.
The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.

If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.

---

tattoo Fact, Fiction, and the New $1 Billion Lawsuit Against Mark Zuckerberg

Wednesday#39;s Three Stars: Zetterberg to the rescue; Tavares OT win

priti8888

07-23 06:07 PM

My husband doesn't even want to look. He says he'll become too agitated, so only let him know the good news. I'm addicted too, but this could become a problem for me, since this week I have finals at school:o


I am the better half too!:) Anyway, just an FYI. Since you got your RD, i would suggest you inquire about your and your familys name check status in the next few months. As far as i know, name checks are cleared whithin a few months of RD or few months after 1st Fingerprint. This would just give you some peace of mind...

---

more...

pictures via farm5.static.flickr.com

Is Katie Holmes being quot;preparedquot; for a second baby?

caliducas

07-19 12:53 AM

dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)

I'm looking forward to getting my GC!!! Once I get my ead and ap, I can wait for my GC patiently :)

---

dresses monster tucks nitro 2. Monster Trucks Nitro 2: Price: $2.99

Battle your friends or the cpu in 4 unique and challenging game modes.

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

---

more...

makeup YOU CANNOT, is the answer.

The Karzai I knew then is different from the Karzai I see now -- but he has

psaxena

06-11 09:13 PM

I mean Hara Aam jada dena bhaiya , pichlee baar kam tha;)

I am not selling mangoes. I am just asking you to eat it. I cant believe that you are so desperate to get green card that you will even buy mangoes to get it.

You guys need to have more sex. You will be a little less desperate in life.

---

girlfriend Wednesday#39;s Three Stars: Zetterberg to the rescue; Tavares OT win

The database leaves out 2007 for the former Cub that came over in the Garza

tikka

06-03 03:08 PM

I understand but i already sent our media drive to 50 different media , i aleady sent multiple faxes , i already sent many many emails but please advise me what more should i do to convince IV core that issues i have mentioned also effect many who are already IV members , i am requesting you to see Text of Webfax is added acoordingly ?

I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected

please check

thank you

---

hairstyles Pocket Elves: Price: $1.99 “LOT OF FUN! Pocket Elves is lovely done game

No foolin#39;. Try watching it whenever you#39;re having a bad day.

chanduv23

10-16 04:42 PM

good post - add a poll to it

---

yoda

09-13 05:32 PM

Last 24 hours had been more intense but fruitful ...

Sent to 30,000 press worldwide



Is there any media organization left to be notified? :)

---

ramus

07-06 05:24 PM

07/06/2007: Temporary Restrain Order of July Visa Bulletin Lawsuit Filed in the U.S. District Court for the Northern District of Illinois as Separate from AILF Class Action

On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.


From OH

---