kondur_007
03-16 01:13 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
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purgan
10-04 01:31 AM
There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.
rnvd
10-31 10:10 AM
Hi Ramba,
The POE offier given I-94 based on the visa expiry eventhough i showed new H1b approval. I told office i am working for this new company.
The POE offier given I-94 based on the visa expiry eventhough i showed new H1b approval. I told office i am working for this new company.
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pappu
04-19 11:06 AM
Janakp, you are now probably on their crosshairs. Their members on our site will hate you for spying!!:D
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Bpositive
01-06 05:44 AM
My wife was on OPT and working off a valid approval notice. It is a first time H1 stamping. She has a Phd in biology and therefore the 221g which includes a 'invitation letter'. The instructions are confusing. On the 221g, it asks for a scanned document and the email ack says send only .txt.
ramci
09-17 12:11 AM
All,
Please let me know your suggestion based on your experience.
H1B Details
H1B Entry in USA: 25-Mar-2007
Applied for Extension: 16 Dec 2008
RFE Received: April 2009
RFE Responded: May 2009
Denial Notice in USCIS Online System: 14-Sep-2009
VISA & I-94 Expired: 25-May-2009
Clarifications
1. Can I apply for the H1B Transfer with another Company ? I got a offer from a Company and they would like to do the H1B transfer and they are stating that there are no issues for H1B Transfer though the Extension got denied.
2.Since the H1B Denied, From When I have to stop working ? Is it after i receive my denial documents?
4. If transfer is possible, Can I start working based on the H1B Transfer Receipt Notice ? or Should I wait for the H1B Transfer Approval Notice to work ?
Please let me know your suggestion based on your experience.
H1B Details
H1B Entry in USA: 25-Mar-2007
Applied for Extension: 16 Dec 2008
RFE Received: April 2009
RFE Responded: May 2009
Denial Notice in USCIS Online System: 14-Sep-2009
VISA & I-94 Expired: 25-May-2009
Clarifications
1. Can I apply for the H1B Transfer with another Company ? I got a offer from a Company and they would like to do the H1B transfer and they are stating that there are no issues for H1B Transfer though the Extension got denied.
2.Since the H1B Denied, From When I have to stop working ? Is it after i receive my denial documents?
4. If transfer is possible, Can I start working based on the H1B Transfer Receipt Notice ? or Should I wait for the H1B Transfer Approval Notice to work ?
more...
leoindiano
07-09 01:15 PM
Mine is TSC peding since May 2006.
Upgraded to PP on Jun 19th 2007, no updates yet.
Mine is TSC too...
Upgraded to PP on Jun 19th 2007, no updates yet.
Mine is TSC too...
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permfiling
12-10 01:03 AM
My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
more...
spicy_guy
04-08 04:47 PM
I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
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senk1s
04-10 05:40 PM
How come Freaking 'Loudoggs' say 400K Applications were received by USCIS on his show . Freaking lier.
I'd just say he is 'weak' in Math and Logic :) :)
I'd just say he is 'weak' in Math and Logic :) :)
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Appu
04-06 10:27 PM
There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
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optimystic
09-21 11:59 PM
Several people have said the need and craving for GC is just in one's state of mind. And that one can do a lot of things without GC, move around freely with EAD+AC21 and that even after getting GC , people who have no drive/vision/talent, will see no sudden change/bright future just because now they have GC in hand.
I agree with all the above arguments.
But I also want to add that having GC or for that matter having anything (like money, good wife/family, good job) etc is about having MORE options and FREEDOM of choice at your disposal, and less things to worry about.
While EAD+AC21 gives you a lot of freedom
You still have to worry about
- Timely renewal of EAD
- Timely renewal of AP
- Worry about being hassled when entering via AP.
- Not able to do a second side job
etc
Others can say that people who worry, always have reasons to worry. And I don't debate that :) . But bottom line, its about having more options at your disposal. May be not everyone will use those options effectively once its in their hands. But to those who want to, and capable of using them, its a loss by not having those options in hand.
Thats what GC means to me.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
Vivekanada was a wealthy , happily married Narendranath at one point in his life. But after he met Paramahamsa and got set on spiritual path, he renounced money (!), family (!!) and everything else...for what his mind was set on at that time. I am sure he would have asked himself "What is money?" , "What is family" ?
You or me may never reach that kind of "Viragya", but I am sure we will pass thru stages in life, where GC, or Money, or Cozy life in US will mean nothing to us. All you want might be to have a good health, peaceful retirement, be close to your wife, and close to your son/daughter/grandkids who may be far away from you like you now are far from your parents !
Despite being aware of all this, I am sure tomorrow you and I are going to log in to IV for some interesting bit of info, going to check for LUD, or check the processing/visa date bulletin. Thats because we are human. And I am not ashamed of it because I know I am not obsessive about it, atleast not yet :)
I agree with all the above arguments.
But I also want to add that having GC or for that matter having anything (like money, good wife/family, good job) etc is about having MORE options and FREEDOM of choice at your disposal, and less things to worry about.
While EAD+AC21 gives you a lot of freedom
You still have to worry about
- Timely renewal of EAD
- Timely renewal of AP
- Worry about being hassled when entering via AP.
- Not able to do a second side job
etc
Others can say that people who worry, always have reasons to worry. And I don't debate that :) . But bottom line, its about having more options at your disposal. May be not everyone will use those options effectively once its in their hands. But to those who want to, and capable of using them, its a loss by not having those options in hand.
Thats what GC means to me.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
Vivekanada was a wealthy , happily married Narendranath at one point in his life. But after he met Paramahamsa and got set on spiritual path, he renounced money (!), family (!!) and everything else...for what his mind was set on at that time. I am sure he would have asked himself "What is money?" , "What is family" ?
You or me may never reach that kind of "Viragya", but I am sure we will pass thru stages in life, where GC, or Money, or Cozy life in US will mean nothing to us. All you want might be to have a good health, peaceful retirement, be close to your wife, and close to your son/daughter/grandkids who may be far away from you like you now are far from your parents !
Despite being aware of all this, I am sure tomorrow you and I are going to log in to IV for some interesting bit of info, going to check for LUD, or check the processing/visa date bulletin. Thats because we are human. And I am not ashamed of it because I know I am not obsessive about it, atleast not yet :)
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xela
06-10 12:51 PM
It s been a while since i have said anything here, and mostly because it seems this has become a "everyones racist against indians" and everyone else isnt important kind of talk.
while I understand most here are from India, please refrain from putting the ROW people down and make it sound like we have no wait at all. i ve been here since 2000 and started my green card process in 2003. I m just as frustrated, but I refrain from coming here and telling everyone how ROW should get all the good stuff and the rest can go to ....
:(:confused:
we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
while I understand most here are from India, please refrain from putting the ROW people down and make it sound like we have no wait at all. i ve been here since 2000 and started my green card process in 2003. I m just as frustrated, but I refrain from coming here and telling everyone how ROW should get all the good stuff and the rest can go to ....
:(:confused:
we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
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docwa
04-11 03:08 PM
Sure moonlighting should definitely be ok.
Will being a fellow be ok too? Its open only to internists, but is a training program in oncology. Its only 2 years, and looking at to current rate of processing, I should be done by the time my PD (sept 2006) is current.
Will being a fellow be ok too? Its open only to internists, but is a training program in oncology. Its only 2 years, and looking at to current rate of processing, I should be done by the time my PD (sept 2006) is current.
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Berkeleybee
04-07 11:50 PM
We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.
Posmd, this current fracas is about the battle over undocumented workers. That is the part that has to get past Sensenbrenner. I doubt he will waste his energies on us.
And please everyone, do give our strategic counsel and the people who are much closer to the battlefield than you a bit of credit -- do you think we aren't lying awake thinking of every stragem and counter-strategem? Have we shown signs of stupidity? BTW, it is IV volunteers who have written every memo in our resources page, not our strategic counsel -- you'll have to agree the people who did that have brains. :)
Posmd, this current fracas is about the battle over undocumented workers. That is the part that has to get past Sensenbrenner. I doubt he will waste his energies on us.
And please everyone, do give our strategic counsel and the people who are much closer to the battlefield than you a bit of credit -- do you think we aren't lying awake thinking of every stragem and counter-strategem? Have we shown signs of stupidity? BTW, it is IV volunteers who have written every memo in our resources page, not our strategic counsel -- you'll have to agree the people who did that have brains. :)
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mudigondag
05-27 12:56 PM
Does anyone know how many days prior to expiration of EAD, we can file for extension?
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SU1979
10-09 01:02 PM
Please provide additional details regarding U'r labor like EB1/2/3
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
Thanks for your response. I shall put a good heading from next time. As this was my first post, I would like to take the opportunity to ask for apology.
My GC is in EB-2 category. My questions are very much clear. I do not have much idea about GC processing like you for which I have so much panic.
It would be great if you could please answer my above mentioned questions explicitely.
Thanks
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
Thanks for your response. I shall put a good heading from next time. As this was my first post, I would like to take the opportunity to ask for apology.
My GC is in EB-2 category. My questions are very much clear. I do not have much idea about GC processing like you for which I have so much panic.
It would be great if you could please answer my above mentioned questions explicitely.
Thanks
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santa123
08-15 07:21 AM
Welcome back vdlrao...
what does the SEP VB indicate to you?
you had predicted that there will be a mild retro and does the fwd movement indicate better days ahead?
We IVians look fwd to your analysis and insight. Thanks!
what does the SEP VB indicate to you?
you had predicted that there will be a mild retro and does the fwd movement indicate better days ahead?
We IVians look fwd to your analysis and insight. Thanks!
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watzgc
10-24 02:55 PM
Friends, we sent our h1b extension application in Jul 12 th to Vermont (VSC) and got receipt with in a week but still under process. now it is showing processing datge Apr 2007, can we convert to premium processing now ?. Thanks,:confused:
ashkam
04-04 02:05 PM
I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.
Is there any risk involved here and if so, please let me know
Thanks in Advance
Why do you have to wait for your wife to be on F1 before changing to EAD? Even if you use your EAD now, she will still be in valid AOS status.
Is there any risk involved here and if so, please let me know
Thanks in Advance
Why do you have to wait for your wife to be on F1 before changing to EAD? Even if you use your EAD now, she will still be in valid AOS status.
bluez25
07-26 02:45 PM
Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
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