optimystic
03-31 03:01 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
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
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
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
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san3297
11-10 07:33 PM
I called USCIS but they are just saying send all the docs as stated in the RFE. Seems dont have any option other than sending originals. The search for this kind of RFEs yielded no results.
gc_chahiye
07-12 11:59 AM
you wont be subject to cap if you jump to H4 and jump back to H1 since you were on cap subject H1 within the past 365 days. However if your spouse jumps to H4, she can only jump back to a non-cap H1. If she wants to work for a for-profit, she has to go through teh H1 cap.
Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.
If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.
one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)
Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.
If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.
one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)
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gimmemygreen
12-19 10:10 AM
This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.
more...
octoberbloom
12-28 11:17 AM
TSC - 485 went back to January 2007?????
pappu
10-16 04:06 PM
IV core/pappu,
You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.
This effort was done by me and some other members of IV. If you would like to contribute pls go ahead and send emails. All Indian student associations are listed on http://www.garamchai.com/indassc.htm
YOu can use the tool on
invite your friends page
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
to send emails
or use the template on
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
resources page - send to a friend letter.
if you can find a listing of all chineese /international student associations, pls post it on this thread for everyone.
Thanks for helping and taking action on your suggestion.
You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.
This effort was done by me and some other members of IV. If you would like to contribute pls go ahead and send emails. All Indian student associations are listed on http://www.garamchai.com/indassc.htm
YOu can use the tool on
invite your friends page
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
to send emails
or use the template on
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
resources page - send to a friend letter.
if you can find a listing of all chineese /international student associations, pls post it on this thread for everyone.
Thanks for helping and taking action on your suggestion.
more...
murali77
06-16 12:30 AM
Dear Friends
I have a big problem , my name is correct on passport, birthcertificate , H1 but my social security card has my name swapped. I never bothered to change all these years but I hear name check so I am worried.
Will my 1-485 case get stuck because of this
is it a good idea to change the name on SSN now.
Any suggestions.
Thanks
Murali
I have a big problem , my name is correct on passport, birthcertificate , H1 but my social security card has my name swapped. I never bothered to change all these years but I hear name check so I am worried.
Will my 1-485 case get stuck because of this
is it a good idea to change the name on SSN now.
Any suggestions.
Thanks
Murali
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pappu
11-25 10:15 PM
We should not wait for CIR.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
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.
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senthil1
12-06 05:12 PM
If you are in L1 with Manager or Above category then you can file EB1. There are some more restrictions for this. Because you converted to H1B you may not eligible. Check whether you have any loophole for this. If you are in H1B you should have a PHd and job requirement should be PHd.
Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.
There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.
There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
more...
franklin
10-12 10:53 AM
Please move this thread to the appropriate forum, this has nothing to do with DC rally logisitics
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kiran_k02
11-28 06:09 PM
I filed my AP renewal online, I used my discover to pay my dues.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
more...
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savitri.bhave
07-05 08:52 PM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
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tikka
07-05 11:24 AM
OK.. We have almost 200 Ready to send flowers...
http://immigrationvoice.org/forum/showthread.php?t=6025
1. The date will be July 10.
2. Color of the flower is white (peace)
Q1. Let us know Where to send....
Q2. Also if you can pen 3 or 4 lines what message to send along with the flowers.
please check
http://immigrationvoice.org/forum/showthread.php?t=6025
1. The date will be July 10.
2. Color of the flower is white (peace)
Q1. Let us know Where to send....
Q2. Also if you can pen 3 or 4 lines what message to send along with the flowers.
please check
more...
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sujitp@gmail.com
10-05 03:44 PM
Please delete this post
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greenguru
04-01 04:11 PM
EB3 Labor
I-140
I-485
Then
EB2 Labor
I-140
Cheers, gG
I-140
I-485
Then
EB2 Labor
I-140
Cheers, gG
more...
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milind70
04-07 05:28 PM
sam_gc,
Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.
There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!
Rgds,
gcisadawg
There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.
Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.
There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!
Rgds,
gcisadawg
There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.
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gcdreamer05
01-21 12:22 PM
ya advisable to get it done in india so that we get for 10 yrs,
Also one more question, does any one know how many days before passport expiry can we apply for renewal?
Is it 1 yr or can we renew even before 1 yr...
Also one more question, does any one know how many days before passport expiry can we apply for renewal?
Is it 1 yr or can we renew even before 1 yr...
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pappu
10-19 02:31 PM
When did this happen? Why wasn't such a major policy change communicated on the Home Page?!
Is "Bill Pay" option ever going be re-instated?!!
This is only temporary. We will accept the checks after some time and will update the page.
Is "Bill Pay" option ever going be re-instated?!!
This is only temporary. We will accept the checks after some time and will update the page.
Hermione
09-25 12:52 PM
EAD is one of the documents that is listed in I-9 as the document that confirms both identity and right to work. You spouse can apply for SSN as soon as she has her EAD in hand. S/he may start working before SSN is issued if she applied for the SSN.
Aah_GC
07-13 12:32 PM
Bend it like Beckham mates! Get funky hairstyles, market yourself well and play some average soccer with all kind of funky logos on your shirt.
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