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.
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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STAmisha
11-16 09:44 AM
janakp
I'm not lucky like others. This is my company's lawyer. This is the first case in my company (15 years) where any sort of rejection/RFE/downgrade to TR is done.
I'm not lucky like others. This is my company's lawyer. This is the first case in my company (15 years) where any sort of rejection/RFE/downgrade to TR is done.
GCchakravyuh
07-16 10:49 AM
Hey,
Do you have access to the entire article? Could you post it here please..
http://online.wsj.com/article/SB118455917060167397-search.html?KEYWORDS=uscis&COLLECTION=wsjie/6month
FREE PREVIEW
U.S. to Reverse Some Denials Of Work Visas
By Miriam Jordan
Word Count: 493 | Companies Featured in This Article: Microsoft
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to ...
� THE FULL WSJ.com ARTICLE IS ONLY AVAILABLE TO SUBSCRIBERS.� IF YOU ARE ALREADY A SUBSCRIBER, PLEASE LOG IN AT THE TOP RIGHT OF THE PAGE.
Do you have access to the entire article? Could you post it here please..
http://online.wsj.com/article/SB118455917060167397-search.html?KEYWORDS=uscis&COLLECTION=wsjie/6month
FREE PREVIEW
U.S. to Reverse Some Denials Of Work Visas
By Miriam Jordan
Word Count: 493 | Companies Featured in This Article: Microsoft
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to ...
� THE FULL WSJ.com ARTICLE IS ONLY AVAILABLE TO SUBSCRIBERS.� IF YOU ARE ALREADY A SUBSCRIBER, PLEASE LOG IN AT THE TOP RIGHT OF THE PAGE.
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GCNirvana007
08-22 06:47 AM
Anyone still waiting for approval whose PD is within October 2003 EB2?
more...
perm
08-13 10:09 AM
This is nice. I am in too
eb3_nepa
02-03 12:36 PM
Hi guys,
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
more...
Pallavi79
02-10 10:35 PM
I spend lot of time to check status, emails, news.
If I spend the same time in my career, I could have got my GC in EB1 or atleast I could have returned my home with lot better savings & good career back at the home country :rolleyes::rolleyes::rolleyes::rolleyes:
If I spend the same time in my career, I could have got my GC in EB1 or atleast I could have returned my home with lot better savings & good career back at the home country :rolleyes::rolleyes::rolleyes::rolleyes:
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prabasiodia
05-25 01:49 PM
Also ask/inquire about whistleblower protection while filing your complaint. There should be valid reasons for lay-off but filing complaint against the employer with DOL is definitely not one among them.
more...
snathan
03-23 08:04 PM
Hello,
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?
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tabletpc
11-20 01:59 PM
RK, Just HDFC is fine..!!!
Also in my appointment letter the state of residense says "Tamil Nadu"...but I am from Karnataka. Nowhere in the form I did not mentioned anything about tamil nadu except that I requested the interview to be in Chennai...as that is where I need to go for stamping.
is this fine or should the state of residence be Karnataka...???
Thanks
Also in my appointment letter the state of residense says "Tamil Nadu"...but I am from Karnataka. Nowhere in the form I did not mentioned anything about tamil nadu except that I requested the interview to be in Chennai...as that is where I need to go for stamping.
is this fine or should the state of residence be Karnataka...???
Thanks
more...
life99f
05-25 09:23 AM
Sorry, I read the one in Washington post and I DONT think it is against us. It points out some US people don't like legal immigrate but it also shows why US companies need foreign high-skilled workers.
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modvik
05-25 07:45 PM
It was in Cornyn ammendment.
Did the Cornyn Amdmt make it into the bill?
Did the Cornyn Amdmt make it into the bill?
more...
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GCmuddu_H1BVaddu
05-02 06:16 AM
Seriously???
Ok, let us assume I am a manner less fellow. I am still far better than you who is feeeling resentment against someone because of that person's advantages.
You are the first one who quickly posted saying 'Not Good'. Any one in the world will say, you were abusive to the OP. Practice Nirvana, it will be good for you.
Gcmuddu , u r still eb3 coz u r so abusive,
u must have abused to the lawyer also
so she let you rot as eb3
I hope all eb3 gets the card but you get to
go back to the culture you belong, coz u certainly
don't fit in USA
Do yourself a favor , learn manners, card
will not teach you that.
Btw how does ur family tolerates you?
Or are a big hypocrite to tell ur son/ daughter(if any)
to be polite and here in public forum u bad mouth
wish your mom should have taught you more
I feel sad when you say "kutte"
noone should loose their loved ones soon,
else they try to find them in public forums,
good luck
Ok, let us assume I am a manner less fellow. I am still far better than you who is feeeling resentment against someone because of that person's advantages.
You are the first one who quickly posted saying 'Not Good'. Any one in the world will say, you were abusive to the OP. Practice Nirvana, it will be good for you.
Gcmuddu , u r still eb3 coz u r so abusive,
u must have abused to the lawyer also
so she let you rot as eb3
I hope all eb3 gets the card but you get to
go back to the culture you belong, coz u certainly
don't fit in USA
Do yourself a favor , learn manners, card
will not teach you that.
Btw how does ur family tolerates you?
Or are a big hypocrite to tell ur son/ daughter(if any)
to be polite and here in public forum u bad mouth
wish your mom should have taught you more
I feel sad when you say "kutte"
noone should loose their loved ones soon,
else they try to find them in public forums,
good luck
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visaspirant
10-21 11:26 AM
Hello,
Here's a snapshot of my scenario:
1.My first H1 with company A: Oct 2005 to Oct 2008 (stamped in my passport)
2.My entry to USA: May 2006
3.My wife's entry to USA on H4: Oct 2007 (stamped in her passport)
4.My second H1 with company B: Dec 2007 to Dec 2010 (Not stamped in my passport)
5.My wife's H1 with company C: Oct 2008 to Oct 2011 (Not stamped in her passport)
My wife is on H1 now and she could not get a job till now. Now we want to change her status back to H4. Whats the best way to do this? She plans to travel to India in Jan 2010 and I plan to travel to India in April 2010. Any help highly appreciated.
Here's a snapshot of my scenario:
1.My first H1 with company A: Oct 2005 to Oct 2008 (stamped in my passport)
2.My entry to USA: May 2006
3.My wife's entry to USA on H4: Oct 2007 (stamped in her passport)
4.My second H1 with company B: Dec 2007 to Dec 2010 (Not stamped in my passport)
5.My wife's H1 with company C: Oct 2008 to Oct 2011 (Not stamped in her passport)
My wife is on H1 now and she could not get a job till now. Now we want to change her status back to H4. Whats the best way to do this? She plans to travel to India in Jan 2010 and I plan to travel to India in April 2010. Any help highly appreciated.
more...
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beppenyc
04-09 03:36 PM
Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
No, so don`t worry...nothing will happen.
No, so don`t worry...nothing will happen.
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veni001
08-26 05:03 PM
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
.....and none of the accredited universities give you admission to MS unless you have bachelor's degree, and most of the online MS degrees are not from ABET accredited universities, please get all the information about the degree before you pay any FEE:o
.....and none of the accredited universities give you admission to MS unless you have bachelor's degree, and most of the online MS degrees are not from ABET accredited universities, please get all the information about the degree before you pay any FEE:o
more...
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indianabacklog
04-17 07:41 AM
My father used to drive when he visited. My insurance company put him on as a named driver for the duration of his stay. He was able to drive on his own driving license (that is fine for up to one year).
If he screwed up (fortunately he never did) the fines would have been just the same as mine and since I had taken separate insurance for him that was covered too.
You have to remember that visitors to the US are everywhere and are driving rental cars so this is not so unusual. If you wish to not have your father on your insurance then get him a rental car with every insurance known and then, apart from him getting hurt in an accident, you are covered.
If he screwed up (fortunately he never did) the fines would have been just the same as mine and since I had taken separate insurance for him that was covered too.
You have to remember that visitors to the US are everywhere and are driving rental cars so this is not so unusual. If you wish to not have your father on your insurance then get him a rental car with every insurance known and then, apart from him getting hurt in an accident, you are covered.
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logiclife
03-28 06:04 PM
Yes, dailykos does have a very strict policy of purging trolls and hecklers. They too are anti first-amendment and anti free-speech like IV moderators. If you go on their site and post nonsense, you will be banned in a nano-second.
Unlike IV, where we used to argue and reason with trolls and miscreants last year.
People who think IV is undemocratic and opposed to different viewpoints, choking their first amendment rights and opposed to free speech should check out the king of all blogs www.dailykos.com that has 20 million hits on that site and post anti website messages there.
Or try posting a dairy (its called dairy there, same thing as a thread here) against Markos Moulitsas Zuniga (owner of dailykos).
A few months ago, he purged all the people who posted nonsense conspiracy theories because it made his website look bad. After that he purged all the users who recommended and posted comments on those nonsense dairies. Once you are banned, you cant post new stuff for one week because once you can sign up with a new ID immediately, but there is one week waiting period after you signup and you can post stuff only after one week waiting period is over. Kind of like the gun law in California. If you want to buy a gun, you can apply for it and there is one week waiting period and then you get the gun. So if you are mad at someone and want to shoot someone, you cannot just buy a gun and start shooting.
That is how the world works. You dont get the trash people on their own website.
Anyways, I read your post as cacophonix and its great. You have put and elaborate and detailed post and thank you for doing that.
Unlike IV, where we used to argue and reason with trolls and miscreants last year.
People who think IV is undemocratic and opposed to different viewpoints, choking their first amendment rights and opposed to free speech should check out the king of all blogs www.dailykos.com that has 20 million hits on that site and post anti website messages there.
Or try posting a dairy (its called dairy there, same thing as a thread here) against Markos Moulitsas Zuniga (owner of dailykos).
A few months ago, he purged all the people who posted nonsense conspiracy theories because it made his website look bad. After that he purged all the users who recommended and posted comments on those nonsense dairies. Once you are banned, you cant post new stuff for one week because once you can sign up with a new ID immediately, but there is one week waiting period after you signup and you can post stuff only after one week waiting period is over. Kind of like the gun law in California. If you want to buy a gun, you can apply for it and there is one week waiting period and then you get the gun. So if you are mad at someone and want to shoot someone, you cannot just buy a gun and start shooting.
That is how the world works. You dont get the trash people on their own website.
Anyways, I read your post as cacophonix and its great. You have put and elaborate and detailed post and thank you for doing that.
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Dr Phibes
June 25th, 2006, 03:38 AM
Cheers Mark
As I suspected, it is on the sensor.
I have just run though the mirror lock up procedure, and I was OK with that. I'll take a look at the sensor with a magnifying glass, see if I can see the spec. Failing that, I'll get down to the specialist.
All this does make me wonder if th DSLR route was wise http://www.dphoto.us/forum/images/icons/icon9.gif
As I suspected, it is on the sensor.
I have just run though the mirror lock up procedure, and I was OK with that. I'll take a look at the sensor with a magnifying glass, see if I can see the spec. Failing that, I'll get down to the specialist.
All this does make me wonder if th DSLR route was wise http://www.dphoto.us/forum/images/icons/icon9.gif
phillyag
01-23 12:38 PM
We should see how PERM came into being. Who helped PERM become a reality.
If we can leran from the past and use that to puch for the future improvements in immigration policies for both for the country as well the immigrants
If we can leran from the past and use that to puch for the future improvements in immigration policies for both for the country as well the immigrants
needhelp!
11-06 07:41 PM
What about the 60 000 who are expected to attend diwali mela in dfw.. I am guessing a chunk of them are green card applicants
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