Tuesday, June 7, 2011

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  • pappu
    04-24 03:46 PM
    Congrats to everyone getting greencard approvals. The forward movement of dates has helped a lot of our members. let us hope they keep moving the dates forward and do not waste any visas this year.





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  • bharatmb
    07-16 02:05 PM
    Recently joined IV. The trigger for me was the July visa bulletin fiasco. I am sure that it caused a spike in activity/interest on IV, so, some good will come out of it, hopefully.

    However, we can't just put all the blame on USCIS/July bulletin fiasco, for all our woes. Getting our apps in at USCIS, will grant us some immediate benefits, but, we still might have to wait for a pretty long time, to get a GC. We also need to look at more permanent solutions through legislation, which would actually reduce the GC backlog.

    Attended the SJ rally on the 14th, the turnout was good, but, could have been much better. IMO, the impact will be limited (a one min spot on TV is better than none, but, not enough). The pressure has to come from big company CEOs pushing Congress, IV lobbying efforts, etc.





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  • India76
    07-16 04:58 PM
    I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?





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  • finimits
    05-02 03:10 PM
    Hi Saji007,

    Just to clarify your answer for my first question, do you say moving the the new company before applying for H1B extension is alright (safe)?
    I am asking because my 6 years ends on December 1st this year, so if I move in June this year and immediately apply for extension, I should be alright correct?

    Also, how will I apply for the extension? Do I just need to send the copy of the I-140 approval notice? What about the fact that my current employer has actually submitted the petition and my job-description etc? I guess if someone could explain this a bit more, I would really appreciate.
    Thanks



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  • helpfriends
    04-17 09:55 AM
    and yes, it's a very odd situation. Hard to explain and maybe I should have tried to clarify more earlier.

    From what I gather(heard 3rd party), the foreign parent company set up an office here in the US over a year ago and this person came over on an L1visa and has been here since early 2007 working, and traveling back and forth to their home country and paid wages by their foreign employer. This new office/company has not done much,if any business, direct in the US(no employees, etc) the past 1st year of their visa.

    The same foreign parent bought a majority share of a 2nd company in the US end of 2007 which is established here. The foreign parent filed an L1A visa petition for this same person, early 2008 on behalf of the newly bought US company which did get approved? Like I said, for whatever reason, this person came over here early(stupid!) with that green card waiver and has been working. I do not presently know if he has gone back for an interview and made it back with a visa or not at this point?

    All in all, I think this situation is getting worse from the sounds of it.





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  • s416504
    08-29 03:56 PM
    Bump^^^1

    No Receipting Update as on 29th Aug 89 76.72%
    Receipted on/before 29th Aug From NSC (LIN) 17 14.66%
    Receipted after 29th Aug From NSC (LIN) 1 0.86%
    Receipted on/before 29th Aug From TX (SRC) 6 5.17%
    Receipted after 29th Aug From Texas (SRC) 1 0.86%
    Receipted on/before 29th Aug From VT/CA 2 1.72%
    Receipted on/before 29th Aug From VT/CA 0 0%

    Voters: 116. You have already voted on this poll



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  • pappu
    08-23 11:49 AM
    These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?
    We are currently trying to work with the government and not go against it It might prove counterproductive. We as a group need to expand further. Strength is also in the numbers. While we are only 5550+ we represent half million people stuck in the greencard process. We need to reach out to all those people and get their support.

    Each individual here on the forum pls. try to connect with your friends who also share our plight and urge them to become members.


    Pls. post IV posters in your local grocery stores, temples and restaurants.
    Poster is here http://immigrationvoice.org/forum/showthread.php?t=694

    If you are an alumni of a US university, connect with your student organization so that they can post info about Skil Bill on their listserv. This bill affects all the US educated international students too and getting those students as members would strengthen our organization.


    When you do something, please post it on the forums so that others can know and do the same.





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  • abhishek101
    05-28 07:28 PM
    It does not matter who you are working for what matters is where you are living. Let's say there is a theft at your home while living in US, will you call Canadian police or US cops?

    If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,

    there is only one exception

    If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.



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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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  • gc_lover
    06-25 09:33 PM
    I am not sure about what went wrong with H1/H4 situation. But if you are worried about filing your 485 then you can go ahead with it and later you can add your spouse to your 485 application. Try to get your spouse back ASAP.

    Please check with a lawyer before doing anything.



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  • ramaonline
    03-17 01:43 PM
    You can submit the claim yourself - Download the claim forms from your insurance co website. Use these HIPAA codes -
    Do a google search for any other codes you need to include.

    Testing / Lab HIV-1 and HIV-2 86703
    Testing / Lab Syphilis test (RPR) 86592
    Preventive Care PPD (tuberculosis) intra-dermal skin test 85680
    Preventive Care MMR immunization (subcutaneous) 90707
    Preventive Care Varicella immunization 90716
    Preventive Care TD immunization (Tetanus) 90718





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  • jasmin45
    07-12 08:46 PM
    Lets discuss this after we deal with July Feasco. no offence to you as you are free to keep moving this post of yours... its just my oppinion and of most in this thread as well.. One issue at a time!



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  • SreeRaj1
    07-11 02:47 PM
    Hi,

    Based on August Visa Bulletin, PD is reached but my I-140 is not approved. Plese let me know what would happen in my case?

    Case details:
    EB2 India, PD: Jan'2006 , I-140 filed in Jan'2008

    Thanks,





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  • legaleagle
    06-08 02:50 PM
    Thanks Dhundhun,
    I will gather whatever documents I have and then consider. My present position would not entitle me to claim Senior Management position. Also, now things are getting a bit difficult.



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  • mambarg
    07-26 12:57 PM
    This person mailed on June 28 and app received on June 29 and got his notice date on July 24. Today.
    I could have been with him today but for my attorney who got extremely busy and did not file my 485 with 140 and got stuck with July fiasco





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  • DSLStart
    10-08 04:57 PM
    Best part of Indian EPF scheme you can withdraw 100% if you quit job or if you are in transition. So no retirement age restriction if somone wants money ;)

    In US the nice thing about SSA is unemployment and disability security.
    But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.

    In India, the best part is 100% compulsory employer contribution. But
    Indian PF sucks with rising inflation and lack of accountability.

    And we all know how the employers would "Package" their "contribution".

    This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.



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  • karthikdurai
    02-01 09:11 PM
    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik





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  • omved
    07-17 06:48 PM
    We should thank them all who worked for the cause. An official thank you gesture from IV would be sufficient I guess...





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  • GlobalCitizen
    08-21 06:23 PM
    I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?

    My emloyer hired a law firm to do green card and the human resources does the H1B's. The firm just sent (before Agust 17th) my I-140 and I-485. I have pendind EAD. I really want to remain on H1B though.

    I am so frustrated and do now what to do.

    How long does this 'nunc-pro-tunk' take if it comes to that? Also Can I go back to school?





    cherupally
    09-10 10:36 PM
    I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
    I am planning to send the results tomorrow overnite.
    Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?





    shukla77
    06-29 10:36 AM
    it seems there is one Poll for every little thing.....is someone doing statistical analysis of all these..??:D :D



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