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  • amaran18
    08-13 04:23 PM
    First of all, Congrats !!

    You should talk to a lawyer to get this clarified.





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  • my2cents
    10-12 03:41 PM
    There is no timelimit on sick leave or maternity leave but there should be a reasoable time period.

    As long as employee/employer relationship exists there should be no problem. but extending the leave beyond 6 month would be put some doubt on bonafide employment.

    it's all about how your solid documentation about your extended vacation.





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  • GEEGEE
    07-24 10:10 PM
    Hello,

    I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.

    Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?



    thanks..





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  • dixie
    09-30 05:28 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective in the larger context of this huge EB mess.
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!



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  • GCTorture
    12-10 08:13 AM
    So 22nd Jan 02 to 01 Feb 02. What the hell this means? After how much of time it moved 10 days? Is all the technology they boast about, just a hypocrisy?





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  • Pineapple
    05-02 03:34 PM
    Letter to USA Today (Published today)
    -------------------------------------
    Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.

    After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.

    But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.

    If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?

    That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?

    Betty Innemee

    Livingston, N.J.
    --------------------------------------------------------------------------
    Web Link:

    http://www.usatoday.com/printedition/news/20060502/letad02.art.htm

    Looks like another potential IV member, if she could be contacted.



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  • SAPGURU
    01-05 08:21 AM
    Well, I won't blame you guys for your decision if things do not work out. I know that it is very difficult to predict , I am going to go with EB2 06 .Just wanted to know what you would do if you were in my shoes.





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  • seaken75
    07-17 10:25 PM
    I posted two questions.....which one are you answering to? (i hope it's the first)

    short answer is no....and the long answer is "no" as well..IMHO



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  • gc??
    11-09 12:58 PM
    Schumpeter: The other elephant | The Economist (http://www.economist.com/node/17414206)

    When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more





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  • purgan
    09-14 08:26 PM
    Its coming around to that time of the year again... an article on the (ultimately unsuccessful) effort to raise the H-1B/EB cap last year. This refers to the infamous S. 1932 bill

    Immigration restrictionists argument at the time, was "we should not be doing immigration in this bill". So when should it be done- in the CIR Bill. Well, CIR has come and gone by, and still there is no relief to the H-1B/EB blackout. Will these people support the SKIL Bill after Nov? I don't think so. So what will be their excuse this time? Let's wait till next year for comprehensive reform again:)

    What these airheads don't realize is that they're only strengthening momentum for CIR by opposing SKIL, Bill Gates and the big tech lobbies, healthcare lobbies, universities, Chamber of Comemrce, and other business groups such as NAM are going to add tremendouly to the strength of the H-1B/EB reform version of CIR.

    Sometimes i just feel that CIR should pass big time and 15-20 million illegals be legalized, so these folks are 'immigration-desensitized". It will happen under a Democratic House, an even more Democratic Leaning Senate and a President determined to do something in his penultimate year in office. Watch out for 07!


    ========

    Budget bill would boost green cards
    By Stephen Dinan
    THE WASHINGTON TIMES
    October 31, 2005

    The Senate's budget package includes provisions that would make available hundreds of thousands of green cards for new permanent legal immigrants, in what is shaping up as the next congressional fight over immigration.
    The bill's measures would "recapture" 90,000 unused employment-based immigration visas and would exempt family members from counting toward the cap, which is set at 140,000 per year.
    Based on past trends, exempting family members would mean an additional 150,000 permanent legal immigrants annually. About 1 million people become legal immigrants each year.
    The change is part of the deficit-reducing budget reconciliation bill, which is on the Senate floor today and includes billions of dollars in cuts in Medicaid and other social spending and allows for oil drilling in the Arctic National Wildlife Refuge.
    "We should never be doing immigration policy inside this kind of bill," said Rep. Tom Tancredo, Colorado Republican, adding that he will vote against the bill if it makes it to the House.
    The Senate Judiciary Committee, which was faced with a deficit-reduction target, chose to meet it in part by selling to employers the 90,000 unused immigration visas and by raising the fee on employment-based visas by $500 each.
    The panel also voted to allow 30,000 more workers per year under the H-1B temporary-visa program.
    The measure is supported by universities, hospitals, technology companies and the U.S. Chamber of Commerce, which say there is a shortage of qualified workers.
    "These are workers who already have been certified by the Department of Labor for positions U.S. workers could not be found, or who are internationally recognized for research and other achievements," the Chamber of Commerce said in a letter of support.
    The chamber also said many of these workers are in the country and that the Senate bill just streamlines their pursuit of green cards.
    Deborah Meyers, senior policy analyst at the Migration Policy Institute, said the changes make sense because the current system doesn't accommodate the need for high-skilled workers and would help reduce a backlog in applications from India and China, where those now being accepted applied at least four years ago.
    But critics say the money raised -- about $120 million a year -- does not compensate for the damage to Americans seeking jobs.
    The Coalition for the Future American Worker, made up of groups that back stricter immigration limits, will begin running a newspaper ad lobbying Congress this week to oppose the changes.
    The bill first must clear the Senate and then go to a House-Senate conference committee, and some House members said they will try to ensure the provision isn't included in any final bill.
    "We don't expect there to be any immigration provisions in reconciliation. This is not the time or place for controversial immigration provisions," said Rep. Lamar Smith, Texas Republican.
    Mr. Smith said party leaders will have a difficult enough time passing the budget bill without adding immigration to the list of issues covered.
    "We're going to need every Republican we can get to pass it," he said.
    The House budget bill does not raise immigration levels. Instead, the House Judiciary Committee met its budget-cutting goal by increasing the fee for L-1 visas, another temporary-worker program, by $1,500.
    The Senate debate on legal immigration comes even as Senate Majority Leader Bill Frist, Tennessee Republican, announced last week that the Senate would take up broad immigration reform early next year.
    The overall bill is expected to tackle legal and illegal immigration, border security and interior immigration enforcement.
    Amy Call, a spokeswoman for Mr. Frist, said he supports the legal immigration increases but considers them "a temporary stopgap measure."
    "Recapturing old, unused visas will only help satisfy some of the current excess demand for highly skilled workers, but at some point even this pool of recaptured visas will be exhausted," Mrs. Call said.
    The bill also increases H-1B visas from 65,000 to 95,000 in fiscal 2006 and raises the fee employers pay by $500.



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  • gsc999
    01-20 12:05 PM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
    --
    The core group is working on that. Latest update is that we need funds to lobby for this effort and IV has sent out messages asking for member contributions. Let us know if you have already signed-up if not please do so.





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  • nozerd
    07-02 10:05 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.



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  • iman.karta
    04-15 05:33 PM
    Dear Sir/Ma'am,

    I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
    I am applying for an immigrant visa via employment-based; EB2.

    I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
    I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
    And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.

    The question is:
    1. What is the alternative that I have?
    2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
    Do you think these will be sufficient?
    3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.

    Thank for the input.

    Warm regards...





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  • uffyegc
    10-21 02:25 PM
    Hi Prashanthi,

    Thank you for your reply.

    As per company immigration HR, "since H1B extension was filed (Jun-06-2008) one week after GC labor filing (May-29-2008), we can apply next H1B extension based on May-01-2011 expiry".

    Can you please reaffirm that we ought to file extension based on April 16, 2010 and not May-01-2011.

    Thanks again for your input.



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  • meridiani.planum
    12-31 02:07 PM
    Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.

    People come to IV because they think that there are some good people who would suggest and help.

    And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.

    And IV is an org and it at their wish and will of individual whether to contribute or not.

    so please do not force any one.

    Good luck to you.

    Eric S Raymond (ESR to all open-source aficionados) wrote a very interesting article (well, its almost a thesis) on the topic of asking questions on a mailing list:
    http://www.catb.org/~esr/faqs/smart-questions.html

    Most of it applies to technical forums and mailing lists, but I think the first section (linked below) also applies to IV:
    http://www.catb.org/~esr/faqs/smart-questions.html#before

    As we get past Jan 2nd (the ~180 day mark for July filers), everyday we see three or four threads from people asking the same questions on AC-21. A simple Google search (or even the nice search-threads option on this forum) would have helped those people. Two things from that ESR article that I wish all posters understood:

    When you ask your question, display the fact that you have done these things first; this will help establish that you're not being a lazy sponge and wasting people's time.

    Never assume you are entitled to an answer. You are not; you aren't, after all, paying for the service. You will earn an answer, if you earn it, by asking a substantial, interesting, and thought-provoking question � one that implicitly contributes to the experience of the community rather than merely passively demanding knowledge from others.





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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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  • Raj12
    10-31 12:28 PM
    Does anyone know phone no. and office hours for Atlanta Field Office. Thanks





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  • Caliber
    01-21 12:22 PM
    Due to some unforeseen situation, I will not be able to attend. I participated in the poll that i will attend. But now I will not be able to attend. Sorry about it.





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  • reddog
    07-13 04:24 PM
    Thanks for all who replied...

    Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?

    Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...

    Thanks

    Once while coming back from from Mumbai via Delhi, we did not have to change the flights, sat in the same flight to London.

    And on other occasion where the connecting flight was Sahara to a Local Indian airport, we had to take our luggage and go to the Delhi domestic airport.

    While in both cases, the Airline would arrange for the transport, Delhi has an inside route for passenger transfers(other vehicles are not allowed), while in bombay the bus goes thru the city, where the traffic is always severe.

    In both the airports, if you are landing in the late morning (after 3-4am), you should follow up with the local airlines transport co-ordinator( bus driver ;)), to see what time is he gonna wake up and take you to the domestic airport.
    Once when my inlaws were transferring from Bombay local to bombay international, they took a cab instead, as Jet airways did not have a bus ready to take the international passengers when they got out of the airport.





    immigration
    03-12 09:22 AM
    MN. You can call and tell them that you are using ITIN and will update with SSN when you have one.





    GCMangataHai
    10-20 11:15 PM
    I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.



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