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    • Steven-T
    February 23rd, 2004, 08:35 AM
    We know how those B&H sales-people behave. I have been there too often. It all depends what you need and who happens to like to talk to you on that day at that time. LOL.

    Adorama is much smaller, but much more user friendly. 17Photo is great in price too. I haven't try the cash-for-no-tax thing yet. J&R is great, but never seem to stock the camera stuff I want, not even a 72 mulit-coated thin CPL.

    Steven
    RFE on I-485 with October 06 priority date [Archive] - Immigration Voice
    Log in

    View Full Version : RFE on I-485 with October 06 priority date




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    • gcputtu
    11-01 04:48 PM
    Even i'm in the same situation. My employer does not let me to interact with the attorney and is sad in following up.
    He is yet to apply for my PERM.

    Even i'm curious to know if there is a way to track it other than employer/attorney creating a sub account. I'm dead sure they would not create one :(

    Please let me know if you get to know.

    Thanks!



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    • breddy2000
    03-09 10:22 AM
    Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?

    Most of the Multinational executives are people who are managing their people(Onsite Project Managers and Onsite Co-ordinators) at the client locations and managing client relationship.

    What I mean is, when you compare a NIW person( who is in research fields and publishes numerous papers and dedicated his/her life in scientific research, should be given preference over the Executive. EB1 belongs to exceptional individuals.

    The general requirement is that the individual should have risen to the "top of her/his field of endeavor."

    (i) as demonstrated by national or international acclaim

    (ii) which should be recognized through extensive documentation and

    (iii) the alien should continue the work in the same field and

    (iv) would substantially benefit the U.S. prospectively

    Hope you got it.



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    • prince_charming
    02-14 01:25 PM
    Hey guys,

    My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.

    The decision was that both mine and my wife's I-485's are reopened.

    But its been almost 3 months and online status on USCIS website has not changed yet......

    Does anyone noticed the same situtation with their MTR approval and no online status change?

    - Prince


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    • mgakhar
    02-28 11:24 AM
    Ok so herez the update. I went to the INS office and gave them all the details. and since I was supposed to travel out of the country in 3rd and 4th week of March, I requested the lady that if possible can you ask them to give me a date either before March 14th or after March 30th. She made a note of this and said that I should be expecting the FP notice soon.

    So I get the FP Notice yesterday with an appointment date of 20th March. Great ... now I cant even go for the appointment. I guess will have to reschedule it.

    I've read that its ok to reschedule the appointment just once but not more than once. Any advice on this would be really helpful.

    thanks again Leoindiano for your advice !!



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    • coolwiz26
    07-03 12:59 AM
    I will sue them too. They need to be punished for what they have done. pls tell me the procedure and I will do it.

    -C


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    • helpfriends
    04-17 09:07 AM
    They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.

    Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?

    BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:


    Thanks again!



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    • ksrk
    08-15 02:10 PM
    Thanks Krsk,

    My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..

    What do you think..??

    Om

    Hey Omved,
    If I were you, I'd try getting the H1B stamp BEFORE the AP expires. So that, in the worst case (if H1B stamp gets rejected), you return on the still-valid AP. And you should be able to get visa appointments to Canada/Mexico (I haven't tried the latter) before Oct 15th - the short trip seems worth it.

    Of course, if H1B gets rejected and you haven't applied for AP renewal, then your India trip will need to be postponed...

    The other option is to take the risk, go to India and apply for H1B stamp. If that doesn't work, then wait for your AP renewal to come through (waiting in India till that happens), provided you have applied for the AP renewal BEFORE going to India.

    I honestly can't think of any other options...can you?

    -K

    DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.


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    • indiablues
    12-28 08:31 AM
    Thank you everyone for the reply.



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    • paskal
    06-11 12:04 PM
    here is your stupid thread.
    now stop.
    if you want to help yourself, get active. otherwise please slink back into your hole. i have answerd your question in this thread too:

    http://immigrationvoice.org/forum/showthread.php?t=4947


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    • Gravitation
    07-23 03:09 PM
    I'm surprised that there's no poll on this.



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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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    • ghost
    06-20 03:20 PM
    AC 21 will come into effect 6 months after you apply for your Adjustment of Status (485). You can apply for your 485 only when the visa numbers are available for your PD (EB2 currently for India is Jan 2003)

    GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?

    The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.



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    • Administrator2
    03-23 03:51 PM
    Business week MBA forums had a big conversation about this topic with some MBA graduates saying they ere affected. May be someone can post this on there.

    Thanks, could you please post the link to that forum.

    We found out that following members may have been affected by TARP funding bill:

    bazuka6
    rs_123
    determined_indian
    goel_ar
    jaspreetsinghgandhi
    mthoota
    pxkuma

    Does anyone know these members?


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    • desi485
    07-28 05:45 PM
    if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...

    Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.

    sent recently to lawyer, may be still on the way to NSC. His current EAD expires by last week of september. This leaves window of less than 60 days. I am sure there will be so much of workload as all JULY Filers would be renewing the EADs.



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    • GCScrewed
    11-13 03:07 PM
    How come they have not posted the demand data for the Dec. bulliten? We need to make sure they post the information to prevent them from moving the date in consistent with their policy. Someone raised the question related to EB3 Mexco... one year vs. the rest 1 or 2 weeks. Mexico should have the slowest movement as its demand is very high based on the Nov. demand data. In addition, Mexico must have a lot of cases in the field office as they can't even predict its movement as indicated in the Dec. bulliten.

    Bottom line... we need to closely monitor all the numbers... ideally reconcile them. Otherwise, their imcompetency and unethical behavior will mess up the bulliten again. :rolleyes:


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    • anujcb
    06-04 05:59 PM
    I guess its time for us to dust off the good 'ol case status scanner from the shelf and start scanning starting from June 1. I remeber there was a website which used to do this, type in the last some digits of the wac/lin number and it will say the status. Do any of you guys knoew the website?

    Also please update the thread if anyone got the receipt notices for june filing, i know its a little too early even for peope who have file on june 1

    Do any of you know which service center the lawyer will be applying to if the benefeciary is in california? is it still CSE or did it changed to NSE?

    Thanks..



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    • Coppertop
    10-07 04:27 PM
    Thanks! *insert extra large grin here*

    can a mod please edit the poll as asked by Phat7



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    • eager_immi
    02-13 02:34 PM
    They r a bloodly lazy bunch they sit on ur passport and do nothing. So please take the day off and go collect it. I called them atleast a hundred times and basically our passport was ready and they have not mailed it. so please keep calling endlessly they will pickup at some point but my advice is go and collect it urself.


    Hello Friends,

    My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.

    Thank you,

    ------------------------
    P.S : Yes, I have contributed to IV :)



    up_guy
    02-22 10:05 AM
    My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa

    I have following questions -

    1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?

    2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?

    3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?

    4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?

    5) How difficult or easy is to get J-1 wavier

    Thanks in advance for your replied



    RNGC
    02-09 07:40 PM
    People,

    I am proud of my 4 year old girl. She has written a letter to the President. When a 4 year old can write , we have 25k adult members and only about 500 of them have sent letters! Why ?


    Here is my little girl's letter:
    http://h1.ripway.com/likefree/4yearoldlettertoPresident.pdf

    If we can't do this simple task, how can we expect the govt. to change laws for us ?

    I understand, you are reading this post, but don't have a printer at home to print ? Ok, now open hotmail , gmail or yahoo mail, compose a mail to your work address. Just add this word document, and send a email to your work email address with the word document attached. when you see this email at work, just print 2 copies of the attachment, thats all you have to do.

    Download the document from here:
    http://h1.ripway.com/likefree/LettertoPresident.doc

    I have made it simple enough, just write you name/address/ phone etc at the end.... you are all set. Is this hard ? Will it take more than 5 mins ?

    Lets set a goal for next week. 10k letters by next week. Lets show our support to IV which is doing a phenomenal task.

    Here is a link with more letter templates:
    http://immigrationvoice.org/forum/showthread.php?t=16506

    Broken Immigration System: (if some one can rotate this file please let me know!)
    http://h1.ripway.com/likefree/BrokenLegalImmigrationSystemt.pdf


    Posted by Artemidos at 12:54 PM

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