nixstor
01-17 04:07 PM
There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms).
Aren't 1040, 1040 NR, 1040NR EZ different forms?
OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.
www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.
The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.
Aren't 1040, 1040 NR, 1040NR EZ different forms?
OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.
www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.
The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.
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Krilnon
03-04 07:28 PM
It hasn't even been 23 hours yet, calm down! :P
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franklin
07-21 03:14 PM
Please don't dilute IV's group efforts
There are 2 outstanding action items - have you completed them?
There are 2 outstanding action items - have you completed them?
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pappu
01-30 05:46 PM
http://www.computerworld.com/blogs/node/4480oomshiva
Do not post the same link on multiple threads. They will be deleted. Just post on the thread where it is useful. There is a news article thread where you should post your links.
Do not post the same link on multiple threads. They will be deleted. Just post on the thread where it is useful. There is a news article thread where you should post your links.
more...
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tcsonly
07-21 04:07 PM
My PD is June 04 and the online status for my LC shows CERTIFIED since last week. Attorneys say they need DOL to send them the approved LC ... some document, which would be needed to file I-140 and I-485. Any idea how much time it takes for DOL to send the above said document back to the applicant or representative?
In that case, have your paper work ready such as medical tests, birth certs & related.
-C.
In that case, have your paper work ready such as medical tests, birth certs & related.
-C.
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vinabath
05-15 01:04 PM
What a coincidence.....
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
more money to spend for I-140 and PP
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
more money to spend for I-140 and PP
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
more...
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GSingh
07-13 10:44 AM
Its a good idea but make sure you guyz are comfortable. It must be hot out there.
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insbaby
09-26 01:29 AM
You made my day. Thanks so much. :):):):):):):)
I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?
There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
Most of the points are true, but using the OLD PD is still a question.
People worried so much about PD, becuase of using "All Confusion 21 (AC21)". It is an "add on" item to the pending 485 cases, so it depends on the IO reviewing your case. Right now there are couple of threads in IV discussing that AC21 based denial cases.
Keep moving employer to employer and reapplying GC, may cost you a lot and you have to keep maintaining your H1B, becuase as soon as your 485 denied, your EAD becomds invalid and how will you switch your current job. Some one says MTR cost more than $600.
Then eventually this becomes your life long challenge of working on immigration matters every day.
I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?
There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
Most of the points are true, but using the OLD PD is still a question.
People worried so much about PD, becuase of using "All Confusion 21 (AC21)". It is an "add on" item to the pending 485 cases, so it depends on the IO reviewing your case. Right now there are couple of threads in IV discussing that AC21 based denial cases.
Keep moving employer to employer and reapplying GC, may cost you a lot and you have to keep maintaining your H1B, becuase as soon as your 485 denied, your EAD becomds invalid and how will you switch your current job. Some one says MTR cost more than $600.
Then eventually this becomes your life long challenge of working on immigration matters every day.
more...
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dealsnet
01-08 03:43 PM
Every one in my family renewed the passport during the process. We didn't inform USCIS. But give latest passport info in each stage in the forms.
IVians
I applied for I-485 during in July 07 and have I-140 approved.
I renewed my passport last week, new passport number is different.
Should I inform USCIS about this change?? is there any process/form for this?
Please share experiences, I'm sure many of us must have experienced this.
IVians
I applied for I-485 during in July 07 and have I-140 approved.
I renewed my passport last week, new passport number is different.
Should I inform USCIS about this change?? is there any process/form for this?
Please share experiences, I'm sure many of us must have experienced this.
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chanduv23
03-03 11:55 AM
Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
more...
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nshalady
06-15 12:11 AM
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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neodyn55
07-30 11:45 PM
If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.
Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.
Lighten up.
Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.
Lighten up.
more...
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Jeff Wheeler
11-27 04:04 AM
I find that Silverlight and related .NET stuff works extremely well cross-platform. Apps like Banshee (http://banshee-project.org/) are cross-platform (really, not like Flash and AIR which suck on Linux and Mac) and work wonderfully on every platform (alright, bad example: there’s not a Windows port at the moment, because of the underlying audio libraries, but it’s all C# stuff).
Mono is implementing a really nice open-source version of Silverlight (I forget its name), and Silverlight works great on Mac.
Mono is implementing a really nice open-source version of Silverlight (I forget its name), and Silverlight works great on Mac.
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pappu
07-16 02:35 PM
This is just a recycle of WSJ article that came out today. Nothing new. IV posted this last Friday already and we were the first. Please use your judgment and not use such comments as inside information.
more...
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imneedy
02-04 10:33 AM
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
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reddymjm
12-04 04:52 PM
I am also flying to Chennai in 2 days.
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lonedesi
11-16 05:28 PM
I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
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PD_Dec2002
07-22 10:10 PM
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.
A2: Most probably, that is what has happened.
A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.
Good luck!
Thanks,
Jayant
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.
A2: Most probably, that is what has happened.
A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.
Good luck!
Thanks,
Jayant
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dngoyal
07-27 02:32 PM
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
Is it OK.
Please confirm.
Thanks for the earlier reply.
GCBy3000
07-25 12:36 PM
This is under ideal conditions. How many 485 has complications and how many are not arranged properly. They have to consider everything. Just to get the papers right for review might take several hours. In between, they may be called for meeting, smoke break, tea break. So give them some slack. Two applications per day is good enough work for an employee considering each app has one or two dependends.
Last but not least, the ex-director or USCIS is an anti-immigrant and was member of an active anti-immigrant group. Now you go and figure how USCIS will work. Even if numbersusa is good enough to take 10% of USCIS into their org, we are screwd and they are doing it already.
Last but not least, the ex-director or USCIS is an anti-immigrant and was member of an active anti-immigrant group. Now you go and figure how USCIS will work. Even if numbersusa is good enough to take 10% of USCIS into their org, we are screwd and they are doing it already.
amar123
07-12 04:26 PM
I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
FBI delays is the prime reason for this fiasco.
BTW my AOS is pending due to indefinite background check delay.
Every guy thinks that his/her problem is always the biggest bottleneck
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
FBI delays is the prime reason for this fiasco.
BTW my AOS is pending due to indefinite background check delay.
Every guy thinks that his/her problem is always the biggest bottleneck
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