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  • kondur_007
    09-15 11:17 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    First of all, do not confuse tax filing and immigration! These two are totally different ball games.

    As far as tax filing goes, here is what i can tell (to the best of my knowledge):

    1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).

    2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.

    3. Now your third question is related to immigration. Here is what I have to say:
    Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
    Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
    What can be done for this? three ways to straigten this up:

    1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.

    2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).

    3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.

    Good Luck.





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  • rayen
    05-13 08:53 PM
    Experts,

    My friend got a letter from USCIS saying his H1 B transfer got Denied due to Client Contract / Letter.

    1. Is he out of status?
    2. He can appeal with proper evidence to show that we have contract..with clients..
    3. What si the procedure.. pelase advice

    Thanks in advance.





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  • leoindiano
    02-24 12:26 PM
    I have a freind whose DUI came up when he went to stamping in CANADA...They gave him the visa after 10 days, after clearance from FBI, This is most likely the same...If the charges are reduced before you filed I-485, then it should not be a problem. You just show them the proof. Having attorney with you will definitely help.





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  • Alabaman
    04-30 06:23 PM
    all talk... talk talk talk...no action



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  • sent4dc
    08-25 08:36 PM
    Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?





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  • njboy
    10-30 04:02 PM
    yeah the meeting was really good..I got to meet many people but had to leave a bit early. For a first meeting (for me) I got an overview of IV etc and put faces to the handles I see in here. For future meetings I think we should
    1) establish action items
    2) find volunteers to carry out specific action items
    3) set drop-dead dates for each item
    4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
    5) list out our progress/obstacles/lessons learnt



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  • elaiyam
    04-05 10:03 AM
    It should not be a problem for EAD/H1B

    FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)

    See the section: c. Non- Permanent Resident Aliens





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  • xyz2005
    06-21 01:45 AM
    Hi Gurus,

    My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.

    My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.

    I got the below RFE from CIS :

    The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.

    Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.

    An acceptable evaluation must:

    1) Consider formal education only, not practical training experience
    2) did the applicant complete the U.S equivalant of high school before entering college
    3) Provide detailed explanation of material evaluated
    4) briefly state the qualifications and experience of the evaluator providing the opinion

    The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.

    Thanks,
    Sekhar

    I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!

    All the best.
    Best Regards



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  • sands_14
    04-10 10:02 PM
    Which is better if you have 10% down payment only?
    FHA loan or conventional?I am told that for 10% down,its very tough to get conventional loans.Is that correct?Please advise.





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  • Marphad
    06-08 11:10 AM
    Looks like everything in GM is on sale.
    http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news

    Saturn is sold for $100 to $200 mn.

    Who knows GM may sell the retired brands for 1 or 2 mn.
    http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand

    Now the important question.
    Did tatas overpay for jaguar and landrover ? Looks like they did.

    If they sell for 1 or 2mn, we should buy it as a group and show our importance. Even 10 to 20mn is also OK.



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  • gouridighade
    04-28 04:05 PM
    Hi,

    Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.





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  • gcmaya
    10-30 08:46 AM
    Hi all

    When I checked my email on Saturday I got 10 emails from USCIS.
    5 of them for my 485, 5 of them for EAD I applied in 2004.

    My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)

    Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
    On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.

    I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.


    I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.


    Any one got similar emails......
    __________________
    Thanks



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  • ilikekilo
    04-28 02:46 PM
    I was hoping some one will be able to tell us something abt it but seems as no one has recd. a mail like that from USCIS.:confused:

    hey iam not sure what would be the RFE is about, i dont see a GC coming since ur PD is 05 and its not current. please wait until u get the RFE and post ur message again...cant fathom what the rfe is about as u arleady got one for TB test...it might be for somethinig else too..just wait ad see





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  • cchaitu
    11-06 04:19 PM
    The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.

    In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).

    Thanks Kishdam for your quick reply



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  • go_getter007
    01-17 03:19 AM
    I relocated 2 years ago after spending more than a decade in the US. My choice was my hometown (not a Metro) due to a number of reasons - one of them was availability of jobs in my area of interest/expertise (which is business/management).

    From a quality of life (decent personal life beyond work, imho) perspective, tier B cities make sense. However, real estate prices are soaring everywhere. So, it is advisable to buy while you are still earning in Dollars - it worked out well in my case since I knew where I was going to settle.

    As far as education is concerned, you also have schools with IB curriculum in addition to CBSE, ICSE and State boards - even in tier B cities. Pre-K is costly but again not out of reach for most. If kids are still young, they will be able to adjust much faster. IB is perceived to be less rigorous than other boards - but I believe kids should be able to cope up with whatever board you choose.

    Overall, reality on the ground here much better than what we imagine sitting there.

    Hope it helps. Good luck.

    GG_007





    Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...

    When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)

    I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....

    so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....

    We have 2 kids...one 6 years and the younger one ...one year....
    How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?

    I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)

    Thoughts friends ?

    I am in the software industry (Business Inteligence)





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  • teky
    03-25 11:31 PM
    You can use follow to join to allow your wife to get an EAD after she finishes her waiver (If you have a GC by then and your PD is current). I am not sure if she can immediately file after her waiver. Any gurus please reply. Signing another contract in a waiver location is painful (after initial contract pf 3 yrs is over). Also if anybody can reply on how much time we can stay legally after the initial 3 years.

    As far as issues, its a lenghty and a painful journey to a waiver job and clearance. Needs a lot of work. But once you r thru with getting a H-1b to start the job should be no issues.

    Let me know if you need anything. Mine is EB3 PD-04/2002 India and still waiting.

    Regards,

    Teky.



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  • Aura M.
    02-21 03:59 PM
    no accountability..just pay the fees, shutup and wait..

    sorry dude but that's the reality

    Oh my God you are so polite... What an answer





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  • YesWeWillGet
    09-26 09:45 PM
    What will be my options to maintain my immigration status in the following scenario:

    AC21 is not filed after joining the new employer (new job since 2 months).
    If the previous employer revoked the I-140.
    Have the same job/role and responsibilities with my new employer.
    No gap between previous and new current employer.
    Status of I-140 remains approved and I-485 remains pending in USCIS website.

    Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

    I would really appreciate your valuable suggestions.

    Thank you





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  • Irs
    02-28 04:51 PM
    Online search would give a bunch of sites… you know your insurance needs for you/family better than anyone….You may find one or many but trade-offs are inevitable... make sure to compare the new insurance that you will be buying against the one you have to validate coverage...





    sonyyy
    06-07 04:12 PM
    It's not going anywhere. And I don't think it will go anywhere. They have never mentioned it being discussed or voted.


    Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?





    Libra
    08-28 10:11 AM
    guys, please contribute to DC rally in whatever way you can.



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