rhoh
07-29 10:01 PM
Once you are on F-1 (in the rare case), then you'll file your tax returns as Non-resident Alien and this will mean abandonment of 485.
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Leo07
01-14 01:06 PM
...and Good Luck
nk2006
07-05 12:58 PM
possible reasons
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
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Abhinaym
09-04 02:09 PM
That would be sweet I guess. My PD is Oct. 07. :)
Same here. Would like the prayers along with waitforevergc....
:D
Same here. Would like the prayers along with waitforevergc....
:D
more...
sirinme
07-29 10:29 AM
This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.
Two other issues could be:
2. You need recent salary statements for EAD renewal every year.
Two other issues could be:
2. You need recent salary statements for EAD renewal every year.
amsgc
03-31 02:53 PM
I have a somewat similar situation, here goes:
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
more...
ashismaity
08-30 10:48 AM
I travelled outside USA before the expiry of VISA date while 7th yr H1b extension is going on based on my labor.
Here is the dates for clarity.
my visa date was upto Oct, 2005. Applied for H1b Extension in May, 2005. Travelled in June, 2005. came back in July 2005. Got approval for 7th yr. after a few days after my arival.
Here is the dates for clarity.
my visa date was upto Oct, 2005. Applied for H1b Extension in May, 2005. Travelled in June, 2005. came back in July 2005. Got approval for 7th yr. after a few days after my arival.
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coolngood4u80
04-14 01:24 PM
Contributed $50 .
Thanks
I am ready to volunteer for this effort...we really need to do something
Thanks
I am ready to volunteer for this effort...we really need to do something
more...
eilsoe
10-03 01:25 PM
Allright....
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dealsnet
09-08 12:40 PM
I don't know about them. Any way free is free, till they ask for money.
BETTER CALL FROM WORK PHONE, IF YOU ARE NOT FEELING SAFE.
If they want our number for telemarketing, do the following.
If you think the number is used for telemarketing people,
dial *67 before you dial that number so it will block your caller id.
OR
you can go via Google Voice, as your Google Voice number will be displayed to the Telemarketers and not your own number!
One big question:
Who runs this free calling service?
There is no contact information or legal disclaimers. It is just a one page website.
BTW I tried and it worked. But these questions are important to know this is not a fishy site or what their true goal of providing this free call is.
BETTER CALL FROM WORK PHONE, IF YOU ARE NOT FEELING SAFE.
If they want our number for telemarketing, do the following.
If you think the number is used for telemarketing people,
dial *67 before you dial that number so it will block your caller id.
OR
you can go via Google Voice, as your Google Voice number will be displayed to the Telemarketers and not your own number!
One big question:
Who runs this free calling service?
There is no contact information or legal disclaimers. It is just a one page website.
BTW I tried and it worked. But these questions are important to know this is not a fishy site or what their true goal of providing this free call is.
more...
canleo98
09-26 04:15 PM
Hi, I received the RNs of my wife and me (485,765 and 131) by calling the USCIS today. Online status check shows the receipt date of 09/24. I dont see my checks cashed yet. How much time it takes to get the check cashed ?
My RN date was Aug 24th and check was cashed on Aug 28th. I guess it usually takes 3-4 days to encash the checks.
My RN date was Aug 24th and check was cashed on Aug 28th. I guess it usually takes 3-4 days to encash the checks.
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apahilaj
03-28 02:56 PM
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
Many thanks for this useful post .
I am not sure about consulates in India though. Any one, any idea?
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
Many thanks for this useful post .
I am not sure about consulates in India though. Any one, any idea?
more...
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Desi Unlucky
09-22 06:37 AM
I'm pledging that i would get two more members added in a week's time. Would like to see that all the other 5990 members take a similar pledge. There were 3 threads started in the last couple of days "Welcome to new members", "Immigration voice needs your help", "Goal: Bring atleast one new member". I observed that the last posted thread shows up as the first hyperlink on the right side when someone logs into iv.org and was dreaming that either of the above mentioneed threads will be the most active threads. But soon realised and sadened that it is not the case. The current energy levels of the members (but for a handful) are not really encouraging.
If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.
One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.
2/10 got registered after reading my mail.
4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
At the end of the conversation they seemed interested in registering and got registered.
Working on the remaining 4.
Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.
Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)
Keep the pledges and registrations coming !!!!!!!
If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.
One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.
2/10 got registered after reading my mail.
4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
At the end of the conversation they seemed interested in registering and got registered.
Working on the remaining 4.
Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.
Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)
Keep the pledges and registrations coming !!!!!!!
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krustycat
03-09 07:26 PM
I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
more...
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anu_t
06-17 01:31 AM
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
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gbof
04-08 03:00 PM
Couple of related questions.
1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?
2. Where to file, the Service center or Lock Box facility ?
1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..
2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.
Make your own choice, good luck.
1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?
2. Where to file, the Service center or Lock Box facility ?
1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..
2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.
Make your own choice, good luck.
more...
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meyshimmi
02-06 07:48 PM
Is it me or has there been no posts of recent I-485 denials after using AC21???? If there are, sorry, maybe I haven't seen any lately... If there are none, maybe USCIS has realized their mistake???
I wonder what happened to the conference call with the Ombudsman...
I wonder what happened to the conference call with the Ombudsman...
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test101
07-18 11:04 PM
Can I file I-131 after filing for I-485? or does it have to be done at the same time?
thanks
thanks
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onemorecame
03-25 03:09 PM
In transit Visa how many days/long one can stay in dubai.Any idea?
ita
01-15 07:13 PM
So If we find a job where they are willing to do H1 then will it be like getting the H1 for first time? ...like part of the yearly quota where H1 starts from October or will it be like just file for H1 and start working with the receipt in hand.
Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?
Thank you.
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?
Thank you.
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
plassey
07-24 09:58 AM
These are some good options but don't agree fully with F-1 strategy. For F-1 u have to show non immigrant intent. So u can delay ur marriage registeration. I think it is better if he applies for F-1 without disclosing that he is married.
People, First of all, if you don�t have answers please dont post junk!
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
People, First of all, if you don�t have answers please dont post junk!
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
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