пятница, 10 июня 2011 г.

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  • vkotval
    05-30 08:31 PM
    Please help....I am in a little bit precarious situation here...


    I am frustrated working for Company A and I have a job offer from Company B..

    My question is if
    1: my I140 is approved from company A and
    2: have H1b extended for 3 years for company A
    3: get the H1b transferred over to Company B and then

    leave the Company A and join Company B
    Now Company A revokes I140

    Will by H1B with Company B still valid?

    I donot understand what revoking 140 has to do with your new h1-b with company B ? Your new h1-b wit company B will still remain valid.




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  • OlgaJ
    May 25th, 2005, 06:01 AM
    I think the starkness of the Cherry Creek Reservoir area makes it difficult to capture its charm. (I lived 1-2 miles away from there for 24 years.) If I still lived there, I would be concentrating more on the cloud formations (which you don't see in too many places) when using the 17-85 lens. I would also take a couple of shots of the same scene, one metered for the sky and another for the shadow areas and blend them in PS.

    Olga




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  • legal_la
    07-17 04:59 PM
    Guys,

    August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.

    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw


    http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D


    finally it is official. No mention of additional time (couple of weeks in august) to file 485, so i guess we have until end of this month...




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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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  • sina
    01-15 09:52 AM
    You can travel with old visa and new approval i797. I have traveled with these documents and no problem at POE. No need to get new stamping.
    You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
    I was in such a situation and I used premium processing and went with the new I-797.
    Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.




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  • shana04
    05-15 08:41 PM
    Friends,

    I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.

    For my self
    1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary

    2. Current address proof

    For my Spouse
    1. Missing G325-A need to submit one (but I did send them initially)
    2. Evidence that you maintained non immigrant status

    Please let me know if there is any attorney who is good and affordable

    Thanks in advance
    Shana



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  • guy03062
    03-17 11:08 AM
    Great job, Jay!




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  • richana
    12-03 12:11 PM
    This is great news



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  • venky08
    06-22 03:01 PM
    there is no rule that says your spouse must have your last name. it is just your personal preference. (i am talking from the prespective of immigration application)




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  • pappu
    08-10 01:16 PM
    Everyone. Calling and worrying about notices and checks is of no use. We are in constant communication with USCIS and they have told us that it will take about 40-60 days to clear the huge backlog for these notices and checks. So everyone needs to be patient. We have tried to explain several times but people keep opening threads or keep asking the same questions on various threads. Today everyone is tracking notices. Tommorrow we will all be tracking EADs and APs. By the time we get our EADs and APs, it will be time to apply for them again next year. So tracking of checks and notices will continue forever and will yield no productive result for our cause. We should be instead worried if the Greencard should come soon and if we dont have to keep applying for EADs and APs every year for the next 5-6 years. Is anyone worried about Namechecks and RFEs? Nobody. Instead of calling USCS we should be calling our lawmakers and ask them to fix the system. We should be working on making this rally successful so that we can all stop worrying about our notices and quickly get our greencards.

    We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.

    Hope this helps reduce anxiety in everyone.

    Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.



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  • jsb
    05-20 07:18 AM
    Your mention of 30 miles maximum, I believe, refers to distance to your work place. It is a lot of distance to commute at rush time. Nevertheless, Ferederick County is your best bet, where a small SFH or a good size TH can be found for your price.

    BTW, why do you need "Lots of Indians". Don't you want to be part of the main stream if you have decided to live here?

    I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.

    1> Very good school district
    2> Low property tax
    3> Very low crime rate
    4> Rental value should be same as mortgage amount+insurance+PMI+property tax
    5> Property values should be in 300K range max
    6> Lot of Indians
    9> Maximum distance to DC should not exceed 30 miles
    10> Close to shopping places




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  • rpulipati
    09-07 05:01 PM
    I believe in IV and its efforts.

    I understand rally will help IV to demonstrate the people support.

    I understand, in rally and after rally IV requests/lobbys law-makers to fix the broken immigration system system.

    But can someone clarify me, what exactly IV is requesting law-makers?

    1) Are we asking to re-capture visa numbers? (150K may not be sufficient for 750K applicants)

    2) Remove country limit (still have to 5 years)

    3) Increase the EB quota?

    4) Clear all current pending Backlog labor/I-140/I-485/etc applications by 2009? This is temporary solution, but will solve the problem for now.

    5) Another Immigration Reform bill for legal?

    Having clear answers will help to gain support from my friends, colleagues and more and more people will be willing to join.

    Thanks



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  • ssterian01
    07-07 11:15 AM
    Hi prem_goel, I checked with two lawyers and they both said it is no problem al all to add my wife from F1 to I485 (AOS) when my PD becomes current.
    The F1 will provide her legal stay in US and maitain her in status until my PD become current.

    There is a lot of info on the internet about this, here is one link that looks relevant

    Converting H4 to F1 and then adding to I-485 - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1081076091)


    About I485 denial, what chances are for this to happen? Does anyone kknow how likely is that your 485 gets denied? I heard is not very likely.




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  • forgerator
    06-10 10:30 PM
    Reason is probably they discovered your employer is doing similar crap with other employees.

    Right now there is zero tolerance for these kind of abuses by employers.



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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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  • royus77
    05-30 09:36 PM
    Please help....I am in a little bit precarious situation here...


    I am frustrated working for Company A and I have a job offer from Company B..

    My question is if
    1: my I140 is approved from company A and
    2: have H1b extended for 3 years for company A
    3: get the H1b transferred over to Company B and then

    leave the Company A and join Company B
    Now Company A revokes I140

    Will by H1B with Company B still valid?

    If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .

    Just check with the attorney before moving I just gave my advise based on my research in the forums.

    Thanks
    roy



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  • sbmallik
    06-09 03:31 PM
    What's the reason for denial? If 'ability to pay' is the reason then your employer has slim chances even for an appeal. First step is to wait for denial reason and file an MTR / Appeal. Till the I-140 gets re-instated you won't be eligible for H-1B extension on the basis of your labor certification.

    Consult a lawyer immediately as you are eligible to stay only 10 days beyond your authorized stay.




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  • crystal
    08-16 02:36 PM
    You are saying u have applied F1 after filing I-485 or before filing? What was the gap between them ? All I know is that the less the duration between them the more the trouble.

    please do reply .I am waiting.




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  • needhelp!
    10-24 10:34 AM
    for gary!




    jpreston
    October 25th, 2005, 05:06 PM
    Any idea when you all might want to do this? I might be able to join you for a weekend of shooting.




    kumar1
    12-03 12:30 PM
    Thank you. Very encouraging.
    Hope for the best, prepare for the worst.



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