Friday, June 10, 2011

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  • wellwisher02
    04-09 05:39 PM
    IV is meant for discussing topics/issues related to employment-based green cards. I am not sure if we can discuss any other extraneous topic here. :confused:





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  • delhis_007
    06-05 11:32 AM
    Sasan,

    My PD is Jan 04. EB2 India. 140/485 filed in July 04. 140 approved Mar 05. Any comments?

    What is your PD and category?





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  • abhishek101
    05-18 06:44 PM
    that is not bad thinking that all the stories we heard about hundreds of people who were friends' friend and were deported at EWR.

    While I understand for those 3 people it is virtually a nightmare, but it does bring things into perspective.





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  • raj2007
    06-18 11:19 AM
    Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.

    but I am not an expert so I guess others around here might have a different take. Best,


    you can but it will be new h1 with 6 month validity. I think it will be new H1 and no quota is available now.

    Can't you get EAD from local USCIS center after 90 days if it was not processed?



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  • retrohatao
    07-17 04:08 PM
    Thanks to all.
    modvik,
    Search in immigrationportal for "POJ" trick to know how to talk to a real person. Please do not over do it.





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  • user
    11-06 09:50 PM
    http://www.change.gov/



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  • sparky63
    January 30th, 2005, 06:23 PM
    Hi folks,
    The local Council for the Arts is sponsoring a photography contest and I'm planning to enter it (my first!!). The subject of the contest is an Ice Fishing Derby held Jan 29-30, 2005 in Silver Lake, NY. Not my ideal choice of subjects, but ...
    Here is the primary rule:
    "Winning photos will be those that best represent and display the Ice Fishing contest as an interesting winter event."
    Of the ~160 shots I took, these were my favorites.
    http://www.dphoto.us/forumphotos/showgallery.php/cat/1149/ppuser/
    I would really appreciate your suggestions on which three shots best address the photo contest's criteria, plus a general critique.
    Also, feel free to tell me that I stink as a photographer and should sell my equipment immediately.:rolleyes:
    Thanks in advance!





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  • coolvigo
    07-12 11:02 PM
    Guys,
    Looks like a good news here....read following link.....looks like couple ppl have posted that their lawyers advised them to file for 485 in this case :-)

    http://www..com/discussion-forums/i485-1/114468227/

    :)



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  • raj_k
    07-14 12:47 PM
    Philippines GC numbers are almost exclusively Schedule A (nursing etc) - 23K consumption is out of the 50K that was authorized by congress as a one time adjustment in '05 - so these no:s are over and above the yearly 140K and hence does not put Philippines in the "oversubscribed" column (go figure)...

    I have a Filipino friend (non schedule A) who did the entire PERM to PERManent resident thing in 11 months... As a matter of fact he had no trouble getting accepted to HBS, Wharton, U Chic & Kellogg either... Good for him, but "Under subscription" doesn't hurt you elsewhere also.. off topic!


    why is there not an EB3 Philipenes with backlogs?
    that would free up EB3 ROW and allow spillover
    Clearly Philipenes has enough applicants to have backlog issues???





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  • Tantra
    07-15 01:13 AM
    Please sign up and become a member.



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  • bluekayal
    10-19 11:54 AM
    pmpforgc and other Schedule A folks,

    I called the special number for Texas premium processing and got information not only about 140 status but also about 485 for self and spouse.
    This is the 485 process according to what I was told:
    The first thing after fingerprint is
    1. criminal background check (FBI)- thats where ours has been stuck for almost 2 months
    2. Pre-adjudication (Texas)
    3. Name and family background check (back to FBI)

    based on this info, the agent told me he expected it would take at least 6 months! So no hope of getting in before retrogression hits on November 1st.

    Was the 140 PP worth it then or was it waste of money? This depends on one's personal situation.

    For me, since my employer paid half of it..I don't consider it a waste. If I140 is approved, my spouse could work with more certainty than with a pending 140...And the decision is pretty quick.





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  • MetteBB
    05-11 01:48 PM
    Here's the new pear...

    only little adjustments



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  • eeezzz
    07-11 12:15 PM
    Your case is just like many others here. Does that worth you own thread?
    Spend some time to read thru some posts. You will know there are many people who are with 2002 PD have not been approved yet. If there's a definitely answer for your question, why will they be frustrate.





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  • ram006
    07-16 10:37 PM
    Hi,
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?


    My main concern is on her status, any input will be greatly appreciated.

    Thank you.



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  • eb3_nepa
    03-22 04:41 PM
    Maybe we shud send this document to our friends at NumbersUSA (anonymously). That shud shake them up. ;)





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  • geniousatwork
    09-01 03:49 PM
    Congratulations !!! GOOD LUCK to all the people awaiting approval notice.



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  • rinkurazdan
    05-30 04:45 PM
    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
    Please read the IV Core groups analysis on the CIR bill...which is totally different than the CIR thhat was passed by the previous Senate in 2006





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  • Blog Feeds
    05-05 07:10 AM
    VIA IRS.GOV (http://www.irs.gov/businesses/small/international/article/0,,id=96477,00.html)

    An alien is any individual who is not a U.S. citizen or U.S. national (http://www.irs.gov/businesses/small/international/article/0,,id=129236,00.html). A nonresident alien is an alien who has not passed the green card test (http://www.irs.gov/businesses/small/international/article/0,,id=96314,00.html)or the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html).

    Who Must File

    If you are any of the following, you must file a return:


    A nonresident alien individual engaged or considered to be engaged in a trade or business in the United States during the year. You must file even if:

    Your income did not come from a trade or business conducted in the United States,
    You have no income from U.S. sources, or
    Your income is exempt from income tax.
    However, if your only U.S. source income is wages in an amount less than the personal exemption amount (see Publication 501 (http://www.irs.gov/publications/p501/index.html)), you are not required to file.
    A nonresident alien individual not engaged in a trade or business in the United States with U.S. income on which the tax liability was not satisfied by the withholding of tax at the source.
    A representative or agent responsible for filing the return of an individual described in (1) or (2),
    A fiduciary for a nonresident alien estate or trust, or
    A resident or domestic fiduciary, or other person, charged with the care of the person or property of a nonresident individual may be required to file an income tax return for that individual and pay the tax (Refer to Treas. Reg. 1.6012-3(b)).
    NOTE: If you were a nonresident alien student, teacher, or trainee who was temporarily present in the United States on an "F,""J,""M," or "Q" visa, you are considered engaged in a trade or business in the United States. You must file Form 1040NR (or Form 1040NR-EZ) only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Refer to Foreign Students and Scholars (http://www.irs.gov/businesses/small/international/article/0,,id=96431,00.html) for more information.

    Claiming a Refund or Benefit

    You must also file an income tax return if you want to:


    Claim a refund of overwithheld or overpaid tax, or
    Claim the benefit of any deductions or credits. For example, if you have no U.S. business activities but have income from real property that you choose to treat as effectively connected income, you must timely file a true and accurate return to take any allowable deductions against that income.
    Which Income to Report

    A nonresident alien's income that is subject to U.S. income tax must generally be divided into two categories:


    Income that is Effectively Connected (http://www.irs.gov/businesses/small/international/article/0,,id=96409,00.html) with a trade or business in the United States
    U.S. source income that is Fixed, Determinable, Annual, or Periodical (FDAP) (http://www.irs.gov/businesses/small/international/article/0,,id=96404,00.html)
    Effectively Connected Income, after allowable deductions, is taxed at graduated rates. These are the same rates that apply to U.S. citizens and residents. FDAP income generally consists of passive investment income; however, in theory, it could consist of almost any sort of income. FDAP income is taxed at a flat 30 percent (or lower treaty rate) and no deductions are allowed against such income. Effectively Connected Income should be reported on page one of Form 1040NR. FDAP income should be reported on page four of Form 1040NR.

    Which Form to File

    Nonresident aliens who are required to file an income tax return must use:


    Form 1040NR (http://www.irs.gov/pub/irs-pdf/f1040nr.pdf) (PDF) or,
    Form 1040NR-EZ (http://www.irs.gov/pub/irs-pdf/f1040nre.pdf) (PDF) if qualified. Refer to the Instructions for Form 1040NR-EZ (http://www.irs.gov/pub/irs-pdf/i1040nre.pdf) to determine if you qualify.
    Find more information at Which Form to File (http://www.irs.gov/businesses/small/international/article/0,,id=129232,00.html).

    When and Where To File

    If you are an employee or self-employed person and you receive wages or non-employee compensation subject to U.S. income tax withholding, or you have an office or place of business in the United States, you must generally file by the 15th day of the 4th month after your tax year ends. For a person filing using a calendar year this is generally April 15.

    If you are not an employee or self-employed person who receives wages or non-employee compensation subject to U.S. income tax withholding, or if you do not have an office or place of business in the United States, you must file by the 15th day of the 6th month after your tax year ends. For a person filing using a calendar year this is generally June 15.

    File Form 1040NR-EZ and Form 1040NR at the address shown in the instructions for Form 1040NR-EZ and 1040NR.

    Extension of time to file

    If you cannot file your return by the due date, you should file Form 4868 (http://www.irs.gov/pub/irs-pdf/f4868.pdf) (PDF) to request an automatic extension of time to file. You must file Form 4868 by the regular due date of the return.

    You Could Lose Your Deductions and Credits

    To get the benefit of any allowable deductions or credits, you must timely file a true and accurate income tax return. For this purpose, a return is timely if it is filed within 16 months of the due date just discussed. The Internal Revenue Service has the right to deny deductions and credits on tax returns filed more than 16 months after the due dates of the returns. Refer to When To File in Chapter 7 of Publication 519, U.S. Tax Guide for Aliens (http://www.irs.gov/pub/irs-pdf/p519.pdf) (PDF) for additional details.

    Departing Alien

    Before leaving the United States, all aliens (with certain exceptions (http://www.irs.gov/businesses/small/international/article/0,,id=97256,00.html)) must obtain a certificate of compliance. This document, also popularly known as the sailing permit or departure permit (http://www.irs.gov/businesses/small/international/article/0,,id=97256,00.html), must be secured from the IRS before leaving the U.S. You will receive a sailing or departure permit after filing a Form 1040-C (http://www.irs.gov/pub/irs-pdf/f1040c.pdf) (PDF) or Form 2063 (http://www.irs.gov/pub/irs-pdf/f2063.pdf) (PDF).

    Even if you have left the United States and filed a Form 1040-C, U.S. Departing Alien Income Tax Return (http://www.irs.gov/pub/irs-pdf/f1040c.pdf) (PDF), on departure, you still must file an annual U.S. income tax return. If you are married and both you and your spouse are required to file, you must each file a separate return, unless one of the spouses is a U.S. citizen or a resident alien, in which case the departing alien could file a joint return with his or her spouse (Refer to Nonresident Spouse Treated as a Resident (http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html)).

    References/Related Topics


    Source of Income (http://www.irs.gov/businesses/small/international/article/0,,id=96459,00.html)
    Exclusions From Income (http://www.irs.gov/businesses/small/international/article/0,,id=96455,00.html)
    Real Property (http://www.irs.gov/businesses/small/international/article/0,,id=96403,00.html)
    Figuring Your Tax (http://www.irs.gov/businesses/small/international/article/0,,id=96467,00.html)
    Tax Treaties (http://www.irs.gov/businesses/small/international/article/0,,id=96454,00.html)
    The Taxation of Capital Gains of Nonresident Alien Students, Scholars and Employees of Foreign Governments (http://www.irs.gov/businesses/small/international/article/0,,id=129253,00.html)
    Tax Withholding on Foreign Persons (http://www.irs.gov/businesses/small/international/article/0,,id=106981,00.html)
    Taxpayer Identification Numbers (TIN) (http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html)
    Some Nonresidents with U.S. Assets Must File Estate Tax Returns (http://www.irs.gov/businesses/small/international/article/0,,id=156329,00.html)
    Rate the Small Businesses and Self-Employed Web Site (http://www.irs.gov/businesses/small/article/0,,id=172872,00.html)



    Page Last Reviewed or Updated: November 17, 2010



    More... (http://ashwinsharma.com/2011/04/13/taxation-of-nonresident-aliens.aspx?ref=rss)





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  • rsrikant
    11-02 11:37 AM
    I got the same queries guys.
    i think most of vermont transferred applications are getting it.

    i will also send color copies of all the documents mentined by you.

    how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.

    appreciate any responses.

    thanks,
    srikanth





    swamy
    11-03 09:51 AM
    I think this has happened a lot and not sonething to worry about before December. If by then you haven't received the receipt - then call them.





    jonty_11
    06-20 06:15 PM
    Thanks.

    Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
    as per my Co lawyer..U can add ur spouse at any time before ur appplication is adjudicated upon.



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