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newuser
07-17 11:02 PM
I used to watch CNN for any news update and visit CNN.com atleast 10 times a day. Not anymore. I didn't visit the website for the last two days and I am sending e-mails to all my friends to stop watching CNN and all the products that endrosed Lou Dobbs show.
I am getting my info from www.nytimes.com now and watching msnbc on cable.
I am getting my info from www.nytimes.com now and watching msnbc on cable.
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tnite
07-19 10:14 AM
By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863
For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.
There is nothing to worry about in your friends case.
If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
As a resident tax filer, these are some of the advantages.
I dont understand why your friends are worried about this.
check this out (http://www.irs.gov/taxtopics/tc851.html)
--------------------------------------------------------------------------
Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:
A foreign government–related individual,
A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
A professional athlete temporarily present to compete in a charitable sports event.
-------------------------------------------------------------------------
Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.
For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.
There is nothing to worry about in your friends case.
If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
As a resident tax filer, these are some of the advantages.
I dont understand why your friends are worried about this.
check this out (http://www.irs.gov/taxtopics/tc851.html)
--------------------------------------------------------------------------
Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:
A foreign government–related individual,
A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
A professional athlete temporarily present to compete in a charitable sports event.
-------------------------------------------------------------------------
Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.
paskal
02-22 06:57 PM
.. yet there is still lot of frustration that India is not getting enough Visa .. :rolleyes:
a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.
a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.
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ramesh10
06-15 09:39 PM
Thanks Franklin
I will contact my lawyer on this
I will contact my lawyer on this
more...
gandalf_gray
06-02 10:13 AM
Kaiser.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
ras
05-24 12:44 PM
You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.
more...
iambest
07-11 04:48 PM
Is this true...? if it is, USCIS is in big trouble.
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
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bobzibub
05-15 12:50 PM
1) Backlog breeds backlogs.
- Long processing times means that related things must get renewed. For instance, if you are waiting for an I-140, you have to renew the h-1b because the I-140 processing takes so long. This creates unnecessary extra work load for USCIS. They need to address work flow issues and legal issues to streamline the process.
2) If Americans waited five years for a driver's license or a building permit because of a quota, they'd have a second revolution.
3) USCIS is so busy that we believe that they use Requests for Evidence as workload management. Send an RFE if you can't get to it. This creates more work.
4) When we are waiting for these backlogs to clear, we need company's lawyers to change jobs. This places undue burdens upon prospective employers and restricts to larger firms. Labor mobility is important for wage levels to increase. Often someone gets a job and waits for many years to get another one. In many sectors of the economy, the job market can fluctuate leaving the employee in a position with a previous cycle's wage level.
5) We miss our freedom. (The irony!) Being locked into this process limits our ability to be able to contract with a business associate to do things on the side. For a computer guy, that hurts. Plus, if we are not legally allowed to work (waiting for USCIS), we should be able to volunteer. Volunteer work is a tradition for Americans, why not us too?
6) Countries compete for a limited pool of skilled labor. Countries subsidize training to increase their skilled labor pools. Should our issues not get resolved, many of us will leave for better deals in other lands. The economic question the US should consider is: Are more skilled workers better for an economy or are less skilled workers better for the economy? Clearly the answer is more skilled workers. What country would want less skilled workers? There are significant economic advantages to having skilled workers in an economy that overwhelm any wage rate influences. The people who founded many of Silicon Valley's giants were immigrants and have created countless jobs.
There are issues with training native IT professionals, but that is separate to immigrants. We have benefited from our training and we do agree to the need to train and re-train. But policy is not of our making and we should not be blamed for it. Introduce a subsidy for training, but do not blame foreigners for those policy issues.
7) Many attempt to pit the US low skilled worker against the low skilled immigrants. Also they attempt to pit the US high skilled US worker against the high skilled immigrants. It is simply a matter of "divide and conquer" for political ends. Because immigrants do not make policy, Americans do. It is unfair to blame immigrants for US policy.
- Long processing times means that related things must get renewed. For instance, if you are waiting for an I-140, you have to renew the h-1b because the I-140 processing takes so long. This creates unnecessary extra work load for USCIS. They need to address work flow issues and legal issues to streamline the process.
2) If Americans waited five years for a driver's license or a building permit because of a quota, they'd have a second revolution.
3) USCIS is so busy that we believe that they use Requests for Evidence as workload management. Send an RFE if you can't get to it. This creates more work.
4) When we are waiting for these backlogs to clear, we need company's lawyers to change jobs. This places undue burdens upon prospective employers and restricts to larger firms. Labor mobility is important for wage levels to increase. Often someone gets a job and waits for many years to get another one. In many sectors of the economy, the job market can fluctuate leaving the employee in a position with a previous cycle's wage level.
5) We miss our freedom. (The irony!) Being locked into this process limits our ability to be able to contract with a business associate to do things on the side. For a computer guy, that hurts. Plus, if we are not legally allowed to work (waiting for USCIS), we should be able to volunteer. Volunteer work is a tradition for Americans, why not us too?
6) Countries compete for a limited pool of skilled labor. Countries subsidize training to increase their skilled labor pools. Should our issues not get resolved, many of us will leave for better deals in other lands. The economic question the US should consider is: Are more skilled workers better for an economy or are less skilled workers better for the economy? Clearly the answer is more skilled workers. What country would want less skilled workers? There are significant economic advantages to having skilled workers in an economy that overwhelm any wage rate influences. The people who founded many of Silicon Valley's giants were immigrants and have created countless jobs.
There are issues with training native IT professionals, but that is separate to immigrants. We have benefited from our training and we do agree to the need to train and re-train. But policy is not of our making and we should not be blamed for it. Introduce a subsidy for training, but do not blame foreigners for those policy issues.
7) Many attempt to pit the US low skilled worker against the low skilled immigrants. Also they attempt to pit the US high skilled US worker against the high skilled immigrants. It is simply a matter of "divide and conquer" for political ends. Because immigrants do not make policy, Americans do. It is unfair to blame immigrants for US policy.
more...
a_yaja
07-18 11:02 AM
what is your country of birth? I know dates never went current to sep'08 for india...
His priority date was May 2004 - not Sept. 2008. He kept his original priority date.
His priority date was May 2004 - not Sept. 2008. He kept his original priority date.
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krishnam70
05-01 05:13 PM
Hello..
My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.
Thanks
For re-entering your left over time is sufficient, however if you ever want to travel out of US again you might need to go back to a consulate for visa issuance.
- cheers
kris
My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.
Thanks
For re-entering your left over time is sufficient, however if you ever want to travel out of US again you might need to go back to a consulate for visa issuance.
- cheers
kris
more...
BharatPremi
07-18 04:31 PM
THE TRUE answer seems to be "Nobody (even USCIS) knows".
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Pankaj
10-29 03:16 PM
When you would go for interview correct it by hand in the form. It would fine.
These kinds of mistakes are normal.
These kinds of mistakes are normal.
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anoopraj2010
07-29 08:11 AM
My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
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rimzhim
05-27 12:16 PM
repealing of AC21.
6. Employers have to shell out $10000 every year to get extension.
When did they say they have repealed AC21? Is this true?
Regarding (6) above, it is not 10K, more like 5K.
Only a part of AC21 is repealed; ppl can still move one year after their 140 is approved and 485 is pending.
6. Employers have to shell out $10000 every year to get extension.
When did they say they have repealed AC21? Is this true?
Regarding (6) above, it is not 10K, more like 5K.
Only a part of AC21 is repealed; ppl can still move one year after their 140 is approved and 485 is pending.
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MAEB2TR
09-04 10:42 AM
I heard that too. If your attorney feels confident, then proceed with the filing.
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pitha
06-28 03:12 PM
This is a very common issue. Most of the times the HR title and job title and Labor title do not match.
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
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nashorn
08-12 03:14 PM
Who told you they process around 4500 application per day at NSC, or you just figured it out all by yourself? I'd love to konw your source, or how you did it.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
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enggr
10-12 08:15 PM
Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.
Thanks
Hi Kmdhar,
Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
Any thoughts on how we get this extension petition approved to the max of my 6 years?
Thanks
Hi Kmdhar,
Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
Any thoughts on how we get this extension petition approved to the max of my 6 years?
gsc999
09-18 06:44 PM
I suggest we keep the old name. Lets spend any resources in achieving "core strategic" issues. Per my understanding name change doesn't make that list.
This is a volunteer organization and we should shy away from increasing unnecessary work for the volunteers.
Also, this legal vs illegal issue was a trap devised by the some of the right-wing politicians to divide the immigrants. If we do that we are buying into that. We have gained enough momentum and recognition among the media and politicians by now so that they are now familiar with our vision.
We are looking for friends lets not create unnecessary enemies.
This is a volunteer organization and we should shy away from increasing unnecessary work for the volunteers.
Also, this legal vs illegal issue was a trap devised by the some of the right-wing politicians to divide the immigrants. If we do that we are buying into that. We have gained enough momentum and recognition among the media and politicians by now so that they are now familiar with our vision.
We are looking for friends lets not create unnecessary enemies.
chanduv23
12-16 10:59 AM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.
Lets make a list of DMVs not accepting pending 485 as valid form.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.
Lets make a list of DMVs not accepting pending 485 as valid form.
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