Thursday, June 9, 2011

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  • arihant
    03-13 12:26 PM
    Here is a link to the following article:

    http://www.govexec.com/story_page.cfm?articleid=33580&dcn=todaysnews

    Looks like they have not come to the immigration issues yet.

    Senate panel votes to double size of border force
    By Michael Posner, CongressDaily


    The Senate Judiciary Committee voted Thursday to add more border agents, investigators and fencing to stem rising illegal immigration as it worked its way through a major immigration reform bill.

    In its third day of marking up the bill, the committee discussed nearly 30 amendments, approving a dozen of them by voice vote and postponing the rest for action next week.


    In action during the day, the committee agreed to authorize over five years more than 10,000 new customs and border patrol agents, 1,000 investigators, and 1,250 port of entry inspectors. There was a dispute between Sen. Dianne Feinstein, D-Calif., principal author of the amendment to boost the number of border agents, and Sen. Jeff Sessions, R-Ala., over exactly how many border patrol agents would be added in addition to the 11,300 border agents now. Committee staff said they would have to resolve the exact numbers later.


    In addition, the committee adopted also by voice an amendment by Sen. John Kyl, R-Ariz., to replace some existing fencing in Arizona and add more than 200 miles of barriers to improve border security in Arizona only. Sessions has said he planned to offer an amendment on the Senate floor to put up some 700 miles of fencing to block off some of the 2,000 miles of U.S. border with Mexico. The committee also agreed to an amendment by Sen. Edward Kennedy, D-Mass., for a study to study the feasibility of more fencing along the entire border.


    The committee made more progress than it did Wednesday when only three relatively minor amendments were adopted after spending all day with many senators absent, preventing a voting quorum.


    "We're on our way," said Committee Chairman Arlen Specter, R-Pa., Thursday. "We had a good session." Specter is trying to meet a target set by Senate Majority Leader Bill Frist, R-Tenn., to start debate on an immigration bill on March 27. Specter indicated yesterday it might not meet that goal because of the slow pace of deciding on amendments.


    The committee is working its way through a 306-page draft proposed by Specter to beef up enforcement and deal with the estimated 11 million illegal aliens living in the United States by allowing qualified undocumented workers to continue working as a way to earn eventual citizenship. He also has proposed a separate guest worker program allowing foreigners to enter the country for up to six years to take jobs that cannot be filled.


    Both provisions are highly controversial and are considered the heart of the bill but debate on those matters will not take place until next week at the earliest. The committee plans to work next Wednesday and Thursday on immigration.


    The House passed a bill last year that deals mainly with enforcement and does not address the thorny guest worker issue.


    In other amendments, the committee agreed to a Feinstein amendment to allow immigrants to stay in the United States if it was discovered their papers or passports were falsified. The immigrants would have to prove there was "a credible fear of prosecution" as the reason passports were forged to get out of countries with dictatorships.


    A Sessions' plan was approved that would jail immigrants found to be illegal instead of releasing them pending immigration hearings. He argued many of those released never show up for immigration hearings and disappear. Sessions also won committee endorsement to make it a crime to run a vehicle past a customs checkpoint without stopping.


    Three amendments by Sen. Charles Grassley, R-Iowa, met no opposition. One would require the Department of Homeland Security to make public foreign ownership of management operations that involve national security as a way to prevent officials being surprised by situations like the Dubai port management controversy.


    A Grassley proposal to allocate more immigration investigators to inland states like Iowa won easy approval. So did one to make immigrants convicted of drunk driving one of the crimes subject to deportation.


    An amendment by Sen. Sam Brownback, R-Kan., extending a law allowing foreign doctors to practice in mainly rural areas with physician shortages, also gained approval.


    And an amendment by Sen. Tom Coburn, R-Okla., for expedited deportation instead of incarcerating convicted illegal immigrants was also accepted. Sen. John Cornyn, R-Tex., won approval of his proposal to bar violent criminals from sponsoring foreigners seeking entry into the United States.




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  • skv
    06-20 01:24 PM
    what on earth is that supposed to be?

    Refer this.

    http://immigrationvoice.org/forum/showthread.php?t=2567




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  • eb3_nepa
    07-14 06:22 PM
    Silly question but I need an answer :)...How can I use Bill pay here? I bank with BOA and it asks for a company name if I choose bill pay...

    The company name can be Immigration Voice. Normally you do not need an account number per se, although you COULD try and put in your IV handle as the acct number if it allows non numeric characters in the acct number.

    A lot of people have used BOA, can someone guide zoooom please




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  • gc_maine2
    04-04 10:27 AM
    :confused::confused:

    I am excerpting Internal Revenue Code Section 1361 below:
    Internal Revenue Code
    � 1361 S corporation defined.


    (a) S corporation defined.

    (1) In general.
    For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.

    (2) C corporation.
    For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.

    (b) Small business corporation.

    (1) In general.
    For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�

    (A) have more than 100 shareholders,

    (B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,

    (C) have a nonresident alien as a shareholder, and
    (D) have more than 1 class of stock.

    (2) Ineligible corporation defined.
    For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�

    (A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,

    (B) an insurance company subject to tax under subchapter L,

    (C) a corporation to which an election under section 936 applies, or

    (D) a DISC or former DISC.

    There is no mention here that the "resident" must be a permanent resident.

    Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:

    Reg �1.871-2. Determining residence of alien individuals.
    Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357

    (a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.

    (b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.

    Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:

    Reg �1.871-4. Proof of residence of aliens.
    (a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.

    (b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.

    (c) Presumption rebutted.

    (1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.




    (c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.


    In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.

    Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!


    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

    Thanks
    sree



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  • GCBy3000
    07-24 06:07 PM
    This is good information to know. If this is the case, then at least once in a year they have to make all the categories current. May be for September every year so that they do not waste any VISA numbers.

    Per country quota is not applicable based on AC21 rule when it is current for every one. This is what happened due to the July visa bulletin fiasco. As they are honouring that bulletin, they are also forced to approve across all country




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  • $eeGrEeN
    09-10 12:38 PM
    checking my rep.



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  • aguy
    07-27 03:18 PM
    has anyone tried renewing their DL in CA based on a receipt of extension?




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  • rameshvaid
    07-14 06:22 PM
    I know some of you must think:

    "What the heck difference is FIVE dollars going to make?????"

    Well $5 x 30,000 = $150,000 I hope people understand that, $150,000 is NOTHING to sneeze at. So people, you dont even need to dig too deep. Just FIVE DOLLARS.

    Less than the cost of a SUBWAY Sandwich LUNCH.


    Mailed Check..

    Ramesh



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  • trueguy
    03-03 03:40 PM
    Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.




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  • santb1975
    05-23 11:53 AM
    I remember you. You have made a 50$ one time contribution and signed up for 50$ monthly recurring contribution. Am I correct?. Your name has been counted once in the one time contribution pool and once in the recurring contributions pool

    Actually I paid $100 and not $50. It was two $50 on the same day.



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  • vkxml
    07-05 12:21 PM
    I suggested this other day - nobody responded. Please anyone attending TANA can you please contact organizers and see if they can arrange couple minutes of Hillary's time to highlight this issue.


    http://71.18.190.102/index1.asp
    This is the website for Tana

    Following are the members associated with it. Can anyone get in touch with them.

    Dr. Bandla Hanumiaiah
    PRESIDENT, TANA
    (248) 470 1630
    president@tana.org


    Dr.Yadla Hema Prasad
    Co-ordinator
    (301) 801-6973
    hemayadla@
    yahoo.com


    Jayaprada Valluripalli
    Deputy Co-ordinator
    (301) 869-9590
    jayapv111@yahoo.com

    Satish Vemana
    Regional Vice President - East
    (703) 731-8367
    vemanasatish @yahoo.com




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  • desi485
    11-14 06:09 PM
    One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:

    http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16

    so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.

    Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)

    Chandu, also see this link about cancellation of employment authorisation.

    http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8

    � 274a.14 Termination of employment authorization.
    (a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:

    (i) The expiration date specified by the Service on the employment authorization document is reached;

    (ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or

    (iii) The alien is granted voluntary departure.

    (2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.

    However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.

    (b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:

    (i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or

    (ii) Upon a showing that the information contained in the application is not true and correct.

    (2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.

    (c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.

    (2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).

    (3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.

    [52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]



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  • Sunx_2004
    05-13 11:44 PM
    This is strange, They are saying your I 140 get denied on the date it was approved...
    What was the result of second MTR, Is that dismissed too...

    I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009




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  • prdgl
    06-04 04:27 PM
    What does this mean for new LC applicants. My ads went out last friday and I will be filing my LC in june end. I am in my 2nd year. Any suggestions ???

    please help ! Employer has been dragging his feet else i would have applied before may. But now with all these should i just change my employer who will file my LC and I-140 with a month ???

    Your are suggestions are highly valued

    Thanks



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  • needhelp!
    03-12 03:25 PM
    I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.

    There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
    Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.




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  • Karthikthiru
    07-20 01:28 PM
    The report shows 144,000 PERMs between March 28, 2005 - June 1, 2007 (NOT between oct 2006- march 2007). That i sover a period of 2years and 4 months. This is not bad as we all are thinking

    Karthik



    http://www.immigration.com/newsletter1/dolsta1207.pdf

    there were 144,000 PERM's done between oct 2006- march 2007

    india, china have retro for both EB2 and EB3
    mexico, philippines and bunch of other countries have retro for EB3

    PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application

    Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.



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  • MDix
    08-22 10:39 PM
    I am not sure whether this applies to Master degree holder or not. Because memo says
    Aliens of Exceptional Ability under section 203(b)(2) INA.




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  • Jimi_Hendrix
    11-16 02:33 PM
    Let us keep working.




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  • chanduv23
    09-16 07:38 PM
    Here you go another first time contributor. Just pulled the trigger for $100.
    Google checkout order #768184044370985

    And why r u not going to the rally




    Libra
    09-14 11:21 AM
    bump




    Dhundhun
    06-23 05:18 PM
    People,
    I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.

    1. What is America losing because of our prolonged wait for Green Cards?

    2. How people who have green cards are contributing to the country as a whole ?

    3. What if the whole green card process takes less than 3 years ?

    Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....

    I am looking for thoughts and experience other than the above things.

    USA is made by illegal immigrants (over 13 millions) and bonded labors (H1B - GC).

    Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.

    You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:

    Good observation.

    It will be breaking more than making - it will be like this news: http://timesofindia.indiatimes.com/Is_Hindu_marriage_law_breaking_homes/articleshow/3154827.cms

    America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.



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