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  • gcisadawg
    04-12 08:18 PM
    This is correct. Only your attorney will get the RFE.

    That is incorrect. USCIS would send a copy of RFE to you as well.

    My wife got a medical RFE and I'm looking at the letter from USCIS as I type.

    Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.





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  • amsgc
    03-31 02:53 PM
    I have a somewat similar situation, here goes:

    Myself: "Resident Alien for Tax purposes" for 2007.

    My wife: Before we got married last year, she was on J1 (> 6 months)
    Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.

    The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).

    My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.

    You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.

    If others have dealt with a similar situation, please advise.

    Thanks.

    Ams





    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?





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  • gcpadmavyuh
    10-12 09:05 AM
    The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.

    On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.

    Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.

    1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.


    2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.


    Here is what I would suggest for your case:

    Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.

    This is the best case scenario that I can envision for you.

    Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.

    You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.

    Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.

    If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.

    Dear experts.. Need your advise..

    I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

    1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

    2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

    3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

    Assuming applying L1 is not going to be invalidate my H1 papers,
    4) If I go for L1 stamping, will it invalidate my H1-B papers?

    5) If I come to US on L1, is it possible to change status to H1?

    Any help will be greatly appreciated.





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  • AK_GC
    03-16 05:05 PM
    ...2 letters.



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  • nviren
    05-01 09:05 PM
    Bkarnik,

    I was also surprised to see appt available in May at Mumbai for regular (non-emergency). Only for the moment though. After May, the earlist available was in first week of Oct 06. You get to know that only when you actually want to make an appt.

    ujjvalkoul, satyasaich,

    About the emergency appt for returning H1, I am bit confused. Won't they ask: "Ok, so you are returning H1. So what was an emergency that you needed to travel and needs visa for?" if you have no business emergency?

    Has anybody here, a returning H1B, actually got a stamp through emergency appt by just saying that he is returning H1B and without showing any proof of a need of an emergency travel?





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  • solaris27
    08-15 08:58 AM
    Q. How soon can I leave my petitioning employer once I get my green card approval?

    A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

    But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

    There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.


    FREQUENTLY ASKED QUESTIONS
    ----------------------------------------------
    Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
    This is the whole scenario, now considering it, Am I still at risk?

    A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

    Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
    Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?

    A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.



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  • qasleuth
    01-08 12:52 AM
    Thank you qasleuth ..... ..... ..... ..... frack you
    Just read your post and you will see the same dastardly mistakes that I supposedly made.

    The difference is: I did not pre-suppose my English is perfect.

    Supposedly means 'hypothetical'. You did not 'supposedly' make them, you actually did. Sentences do start with capital letters and you need commas when appropriate.

    Please dont take this as a personal one off attack. I have read quite a few of your posts. Here is a good reference URL for your perusal.

    http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2000/01/18/MN73840.DTL





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  • desi3933
    02-11 10:34 AM
    Sanju is correct.

    Look at his posts. He is making up stuff.

    hi everyone..i try to long story short.i came here 2001 with b1 then i stay since date.. 2004 my employer apply for gc. so far i got my i 140 approved notice about about 1 year ago..
    but law we have to wait.they my lawyer said we have wait mayby long time.. my case date is april 2006 ..
    Q1-do i have rigth to work here now?
    Q2-do i have to wait realy long time?
    Q3- can i do anything for waiting time shorter?

    MY lawyer is good man but i can even talk to him when i need

    ...

    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?



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  • dan19
    03-09 02:50 PM
    Based on Murthy.com, It's likely that EB3 World will move but India and China will remain stagnant:confused:


    As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward





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  • skd
    06-03 02:44 AM
    then suggest what you like on text pkv



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  • FinalGC
    09-15 11:50 AM
    How about sending a letter to the President, using the above suggested structure....asking him to pressurize the congressmen to pass 5822 from the House.......so that he can sign that into law before Nov 4 elections....





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  • centaur
    07-28 04:18 PM
    :)

    One more expert...:D



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  • Arjun
    03-15 11:32 AM
    I agree, I think you can recieve incentives, but you cannot work (as an employee) for a corporation other than the H1B sponsor. In any case, as long as you report all of your income you are fine. I do'nt think IRS checks your status to validate your income.


    H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.

    The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.





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  • pnjbindia
    10-08 03:48 PM
    gasat,
    No one can predict what the visa bullitin will do in the coming months. My suggestion is that atleast go and get a court marriage done if you can before May2008. It is possible that your PD may become current by May 2008. But no one can say that for sure...

    Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
    Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.

    Please clarify.



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  • hi2sunil
    12-06 11:34 AM
    When you mail the documents, make sure you notarized the application. If you have not done it will come back to you.

    Thanks
    Sunil K





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  • rolrblade
    07-27 02:21 PM
    You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D

    But you are correct for RD :)

    I disagree. If his check has a date of less than 180 days, it will be cashed. He simply said the forms to be signed as of 1995.

    :D :D :D



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  • intheyan
    08-14 06:42 PM
    Congrads. Did your dependent got approved I-485?





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  • chanduv23
    11-06 06:36 AM
    Though this may be off topic, it is related to travel and NIV.

    I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.

    Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.

    Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.

    Thanks





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  • rrajasekar
    08-11 09:38 AM
    We have written a letter to our congressman asking if he could help expediting the process. They called us yesterday and said that they would try to do their best though they couldn't promise on the outcome.





    raysaikat
    10-09 07:49 PM
    ...
    He can stay here upto his i-94 legally...

    This is unlikely to be true. The dependent's VISA status is connected to the primary's VISA status. When the poster leaves for India permanently, by which I assume that she quits her job in US, she stops maintaining H1-B status, which means her dependent's H-4 status becomes void.

    So basically her husband cannot legally stay in US in his current status if the OP leaves.





    fide_champ
    03-22 08:17 AM
    don't know where I should put my request. My husband is on H1B visa ...and I was on H4 .I went India but my H4 was rejected. I don't know what to do...is USCIS also going to reject my husband H1B .. please help

    what's the reason for rejection?



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