dpp
10-11 09:00 PM
We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.
The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.
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.
http://www.incnow.com/incorporating.shtml
http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html
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.
The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.
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.
http://www.incnow.com/incorporating.shtml
http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html
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.
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carbon
08-15 02:04 PM
America has always been a favorite destination for immigrants. In the past, labor jobs were abundant and there were enough immigrants to do those jobs. This mutual dependency contributed to the growth of the United States making it the fastest growing industrial nation in the world. Things have changed, labor immigrants have been replaced by high-tech and skilled immigrants, but two things have not changed. 1. America depends on immigrants to sustain growth and 2. Immigrants come to America to fulfill their dreams. This 300 year old interdependence is very important yet under appreciated by the lawmakers.
Skilled workers of foreign nationality are well educated, creative and ambitious individuals. They act as a �steroid� for the nation. They charge the nation with prosperity and growth. Generally countries depend on their younger generation and hope that they will become highly productive and good citizens contributing to the growth of their nation in future, however only few countries are blessed with the strong stream of immigrants with highly desirable qualities to make progress today, not tomorrow. It seems America is highly blessed in that regard. But unfortunately the lawmakers don�t seem to recognize how fortunate their country. Following facts support my observation:
1. World has entered information and biotech age. India and China has the biggest technological talent pool
waiting to settle down in USA, yet the immigration quota for these countries is locked to extremely small
and fixed number for decades due to half-century old laws. The laws does not take reality into account.
2. In the days of online stock trading, visa processing is still done at extremely slow pace.
3. The positive impact of immigrants has been taken for granted.
4. Immigration is considered a charity rather than an important factor in country�s growth. The attitude is not right.
If such ignorance continues in the United States following will happen:
1. Innovation will slowdown. It has already begun.
2. Technology companies will migrate to India and China.
3. Large scale outsourcing will occur for technological and knowledge based jobs.
4. Stock indexes will move south, as there won�t be many attractive places to invest money. High profits normally come from high growth companies and today�s high growth companies come from technology sector.
5. Tax revenues will decrease, which will affect all government activities including defense and public education.
6. The effects of illegal immigration will become severe as American�s will compete for low wage �blue collar� jobs as a result of outsourcing.
7. Severe retrogression in immigration will not allow skilled workers to settle down or adapt to ever changing skills market. It will hinder the growth of each skilled worker due to lack of long-term planning, long-term investments and developments. These people will not be able to plant the trees that can reap the fruits for generations to come.
8. The effect of not having skilled immigrants in the country will not be zero , but it will be negative and counter-productive as most skilled workers will go back to their home country and instead of contributing to the growth of America , they will compete.
9. National moral level continues to decrease as more American citizens are going into jails than good foreign nationals coming in!
All these effects will be slow in the beginning, but will be visible when it will cross the �tipping point�. A place from where there is no return.
The solution:
Remove the limit on immigration quota for technology professionals for 5 years to solve current retrogression crisis. There after update the quotas (increase or decrease) every year to keep delays constant at 1,2 and 3 years for EB1,EB2 and EB3 categories respectively.
In my view, 5 million well educated and talented legal immigrants are always better for the country than 5 million illegal immigrants. Its better to rely on technology to improve American life style than on illegal immigrants to do cheap labor.
Skilled workers of foreign nationality are well educated, creative and ambitious individuals. They act as a �steroid� for the nation. They charge the nation with prosperity and growth. Generally countries depend on their younger generation and hope that they will become highly productive and good citizens contributing to the growth of their nation in future, however only few countries are blessed with the strong stream of immigrants with highly desirable qualities to make progress today, not tomorrow. It seems America is highly blessed in that regard. But unfortunately the lawmakers don�t seem to recognize how fortunate their country. Following facts support my observation:
1. World has entered information and biotech age. India and China has the biggest technological talent pool
waiting to settle down in USA, yet the immigration quota for these countries is locked to extremely small
and fixed number for decades due to half-century old laws. The laws does not take reality into account.
2. In the days of online stock trading, visa processing is still done at extremely slow pace.
3. The positive impact of immigrants has been taken for granted.
4. Immigration is considered a charity rather than an important factor in country�s growth. The attitude is not right.
If such ignorance continues in the United States following will happen:
1. Innovation will slowdown. It has already begun.
2. Technology companies will migrate to India and China.
3. Large scale outsourcing will occur for technological and knowledge based jobs.
4. Stock indexes will move south, as there won�t be many attractive places to invest money. High profits normally come from high growth companies and today�s high growth companies come from technology sector.
5. Tax revenues will decrease, which will affect all government activities including defense and public education.
6. The effects of illegal immigration will become severe as American�s will compete for low wage �blue collar� jobs as a result of outsourcing.
7. Severe retrogression in immigration will not allow skilled workers to settle down or adapt to ever changing skills market. It will hinder the growth of each skilled worker due to lack of long-term planning, long-term investments and developments. These people will not be able to plant the trees that can reap the fruits for generations to come.
8. The effect of not having skilled immigrants in the country will not be zero , but it will be negative and counter-productive as most skilled workers will go back to their home country and instead of contributing to the growth of America , they will compete.
9. National moral level continues to decrease as more American citizens are going into jails than good foreign nationals coming in!
All these effects will be slow in the beginning, but will be visible when it will cross the �tipping point�. A place from where there is no return.
The solution:
Remove the limit on immigration quota for technology professionals for 5 years to solve current retrogression crisis. There after update the quotas (increase or decrease) every year to keep delays constant at 1,2 and 3 years for EB1,EB2 and EB3 categories respectively.
In my view, 5 million well educated and talented legal immigrants are always better for the country than 5 million illegal immigrants. Its better to rely on technology to improve American life style than on illegal immigrants to do cheap labor.
Sachin_Stock
08-23 09:41 AM
Definition of EB-2 Advanced Degree:
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
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HV000
07-21 08:33 PM
Please write to your CA SENATORS about the EB BACKLOG which is going to last for more years from now.
Its INTERESTING THAT DEMOCRATS HAVE SPENT A LOT OF TIME AND LOBBIED FOR ILLEGAL IMMIGRATION!:mad:
Its INTERESTING THAT DEMOCRATS HAVE SPENT A LOT OF TIME AND LOBBIED FOR ILLEGAL IMMIGRATION!:mad:
more...
javadeveloper
08-14 05:33 PM
USCIS should come up with strategy like if you are in US for 'X' years and if your 485 pending for 'Y' years and if you own a house worth 'XXX$' , then they should give GCs irrespective of Category(Eb1,Eb2,Eb3,Eb4 etc..)
vayumahesh
10-22 12:30 PM
spicy_guy,
Please read my previous message regarding date filed etc.,
Please read my previous message regarding date filed etc.,
more...
TomPlate
07-05 02:14 PM
All can file I-485 now. please go through this link.
http://www.murthy.com
http://www.murthy.com
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yabadaba
07-11 01:26 PM
I can't believe this is how it feels to be sooo close to achieving your dream - regardless of how hard we've had to fight.....
Congratulations to each and everyone of you in EB2-India and China that have been pushing and clawing your way (just like I have) to get your greencards. While my PD is a month away - I am so glad for you. Get ready to go on a loooooong break (mentally, emotionally, and physically if possible as well).
I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:
Climb Mt. Kilimanjaro
Spend 3 months with my family in India and Dubai
Go back to Culinary School
Go to Bordeaux and learn about wine
Become an amazing photographer (just like one of the members on this forum...)
The list goes on and on....
But most of all - I can't believe that the moment is here for almost ALL of us to be free of the shackles and really really live our lives. I'm proud to have participated in everything and hopefully we ALL worked to make this huge of a difference and will see this effort through to help all our colleagues stuck in the EB3-India and China mess....
another dubai desi!!!
are you ooehs, indian high, modern high, st marys or choueifat?
Congratulations to each and everyone of you in EB2-India and China that have been pushing and clawing your way (just like I have) to get your greencards. While my PD is a month away - I am so glad for you. Get ready to go on a loooooong break (mentally, emotionally, and physically if possible as well).
I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:
Climb Mt. Kilimanjaro
Spend 3 months with my family in India and Dubai
Go back to Culinary School
Go to Bordeaux and learn about wine
Become an amazing photographer (just like one of the members on this forum...)
The list goes on and on....
But most of all - I can't believe that the moment is here for almost ALL of us to be free of the shackles and really really live our lives. I'm proud to have participated in everything and hopefully we ALL worked to make this huge of a difference and will see this effort through to help all our colleagues stuck in the EB3-India and China mess....
another dubai desi!!!
are you ooehs, indian high, modern high, st marys or choueifat?
more...
beppenyc
03-16 10:41 AM
Really bad news.
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JunRN
09-29 01:29 AM
If USCIS waste another 11,000 visas this year...it is equivalent to one year visas for one country (9,800 EB visas per country per year)....can you imagine that?
The problem is compounded because applicants who supposedly got the visa this year would get the visa allocation from FY2008. That visa number could have been yours....or mine....
The problem is compounded because applicants who supposedly got the visa this year would get the visa allocation from FY2008. That visa number could have been yours....or mine....
more...
Jaime
09-12 04:24 PM
bump
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rajarao
09-10 07:28 AM
Data available in Mumbai consulate website
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Great Job TSC/NSC and DOS.
One day 2006 applications are approved and next month you go into stone ages. What a wonderful system....
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Great Job TSC/NSC and DOS.
One day 2006 applications are approved and next month you go into stone ages. What a wonderful system....
more...
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sriharirag
07-13 05:57 PM
Did my part in contacting senator and congressman...did get positive feedback...don't know what they will do.
Thanks
Sri
Thanks
Sri
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Green.Tech
06-22 10:57 AM
Bump.
more...
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mirage
01-03 02:56 PM
I think it is the perspective that has changed. Until 2 years back we were ready to die to live in this country, we thought our country was crowded, polluted etc. etc. Things haven't changed much there. It's still same, criminals are still the most powerful, power, food & Shelter is still scarce, poor count hasn't decreased. It's just we are not seeing now 'the dark side of the moon'. There's no doubt our American dream is screwed up big time. We have ruined the best times in our lives. Out of these 1 million Visa holders, 1000's would have been entrepreneurs, artists, etc. etc. but this green card chase has beaten us down to H1B Visa holder forever.
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ilikekilo
07-24 11:47 AM
my own guess..with all these random approvals and stuff happening i am guessing that the PD for eb3 india would be in late 2003 (dec 2003) or early 2004 like jan/feb 2004...
more...
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
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dpuranik
07-15 10:36 PM
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sledge_hammer
05-28 06:01 PM
Less than 20% huh? FHA or Conventional?
I finally got the Loan Approved !
The underwriters was OK with my H1B + I-140 Approval + I-485 Reciept.
Thank you all for the tips and leads.
After a long 60 day wait, I m finally getting the house on Monday. :)
I finally got the Loan Approved !
The underwriters was OK with my H1B + I-140 Approval + I-485 Reciept.
Thank you all for the tips and leads.
After a long 60 day wait, I m finally getting the house on Monday. :)
vdlrao
02-23 04:08 PM
I am expecting about a year forward movement for EB2 India in April 2009 bulletin.
ItIsNotFunny
03-09 07:52 AM
This is becoming like a person who buys lottery regularly. Then every time before the results are going to come out, starts dreaming and then gets disappointed as his number is not drawn.
Stop dreaming! This is not a lottery. Please contribute to FOIA and lets find the real numbers.
Stop dreaming! This is not a lottery. Please contribute to FOIA and lets find the real numbers.
