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  • snathan
    02-11 12:20 AM
    Please contribute

    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000





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  • CRAZYMONK
    09-24 02:37 PM
    I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
    Got RFE for both of us.

    Could be. Nice Find.

    There you are. I am pretty sure that the reason for your RFE is your travel.

    Every thing should be fine if you just send your medicals again.

    Any way all the best.





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  • GCFROMOHIO
    01-12 12:12 AM
    Please refrain from claiming any unemployment benefits while on EAD and 485 pending.

    Urgent Help Needed!!!!!! IO with State Police at home today morning. (http://www..com/usa-discussion-forums/i485-eb/237011787/urgent-help-needed-io-with-state-police-at-home-today-morning)


    Thanks





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  • yagw
    07-27 12:28 AM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.


    Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.


    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?



    My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.


    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.


    I agree.. at this time just let it take the course...



    Thank you very much for your advice and help in this matter.

    BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...

    DISCLAIMER: I am not an Attorney and this is not a legal advice.



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  • smartboy75
    10-01 06:11 PM
    Anybody ..any replies ??





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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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  • SeanDell
    06-04 10:35 PM
    ?





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  • dextro_a
    08-11 11:51 AM
    Out of the ones which are posted above, I used ECE recently for MBA admissions. They do not require attested copies from University. You need to fax your marksheets to them and pay the fees (I think $135). They may ask for original if fax is not clear, which was the case in my evaluation. I did not opted for Rush service and got the evaluation sent back to me in 4 weeks.

    Address from above post:

    Educational Credential Evaluators, Inc.
    PO Box 514070
    Milwaukee, WI 53203-3470
    Phone (414) 289-3400
    Fax (414) 289-3411
    email: eval@ece.org
    Website: www.ece.org



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  • chanduv23
    01-08 02:40 PM
    Z^^^^^^^





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  • gcsucks
    07-01 09:27 AM
    After years of struggling and 25k down the drain i have decided not to loose my Canadian PR card ( i have been out of canada for 21/2 years out of 5). so to maintain the card i have to be in canada for the next 2 years. so... right now i have an approved I140 based on which i will be filing a
    h1. once i get an approval ( 3 years extension) i will move to my other office in Canada.
    The question i have is, can i come back into the country using this stamping after 2 years staying in canada ? and let us say i dont apply for my h1 but when the SKIL bill (if and whenever it becomes law) can i apply for I485 even though im in canada ( i dont think i can)

    Any help is appreciated



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  • ARUNRAMANATHAN
    06-18 10:02 AM
    So PERM does this have more than one processing center .....

    Atlanta and
    ??????

    Now if more than one processing center then do you know the list of states that fall under each processing center .

    This is for ALL Guys who planning to Start the GC process ASAP.

    Thanks





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  • ImmiRam
    09-13 04:57 PM
    I am sure you are well aquinted with IV and EB process.

    You proudly keep profile incomplete....
    Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....
    ....

    still wondering why you are so "famous"....

    The rudeness some of the members display here amazez me...Yes, my profile is incomplete, but I still went ahead and made donation...not that I a, bragging but it speaks about commitment. Since my profile is incomplete, it gives you right to be Rude ? And why cannot I post about lawsuits in first few posts ? I dont get what you are trying to convey. Am I missing something here? I thought we are all professionals here, guess I am wrong.



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  • ksita48
    09-03 11:02 PM
    My H1 has expired on 31st August, 2009. My disgraced company applied for extention in the month of May 2009 in regular Processing. Still waiting for Approval and have Receipt Notice only from Vermount center.:confused::mad::(:(:eek::eek:





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  • pbojja
    04-23 10:52 AM
    My case transfer status clearly indicated that it was transfered to TSC.



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  • apahilaj
    02-28 08:47 AM
    I opened SR in Jan...took infopass last week...NOTHING..stupid people are saying that my namecheck is going on..i applied 140 and 485 in July...i140 not yet approved...no FP also...blackhole...

    Same exact response I got.

    FP is so not dependent on name check.





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  • HereIComeGC
    04-11 11:03 AM
    I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.

    Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...

    It annoyed the heck out of me and I hung up rather than hearing the message over and over again.

    Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.



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  • ebizash
    10-08 10:50 AM
    It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.

    Isn't this exactly what we have to go thru here in US by paying SS Tax?





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  • MetteBB
    05-11 02:23 PM
    alright, here's another one...

    you guys r hard to please :to:


    /mette





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  • sbabunle
    08-19 01:13 AM
    If you reappeal I think until the decision comes you are okay. But I'm
    not sure if you can work. Need to check with an attorney.

    If your job description need to match the degree you should be fine.
    Did you submit a credential evaluation? I think if both of the above
    things are okay, you should be through.

    If I were you I will contact an attorney, like Sheela or Rajiv who
    knows what they are doing.

    babu



    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.





    ItIsNotFunny
    09-22 03:18 PM
    44 Red dots for requesting people to call :mad:





    desi485
    10-11 01:52 PM
    fortunately I haven't used EAD. In fact neither my spouse has. But we were about to use spouse EAD when we sniffed this possibilty. This is the reason I am asking if any one has any insight to share. Title of the thread is little misleading but unble to change it now. this is a IF THEN condition as if now. aplogise for the same. However I am sure so many families getting EAD, so many ppl will be concerned about this. This might be real for some one of us.



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