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  • diptam
    06-24 06:34 PM
    I can't answer your 1st question but you can spend a day and get a new Passport from NY consulate in the same day....

    I also did the same thing last week - my old passport is valid for another
    9 months but 485 takes long time and by that time if my PP No changes communication that is again a hassle.

    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.





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  • rolrblade
    09-10 10:03 AM
    All: In my view what has happened here is usually referred to as "amnesty" In the plea deal, the USCIS and DOS will not be subject to investigation and the community receives its July Bulletin. Although not fair, it is exactly what it is..... a PLEA deal.





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  • keshtwo
    07-05 04:32 PM
    Dudes and Dudettes,

    Stop whining. The DOS giveth and DOS taketh away. Its nothing to do with our being united or not. If we could do anything concrete, believe me, people would be on it. no one wants to waste time on inconsequential ideas.





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  • frustratedbutpatient
    10-24 07:50 AM
    I visited last July. I arrived few minutes late but I was able to immediately meet with the officer. She was not helpful at all. Her answer was to wait. I had my fingerprinting last December and I should have received an interview notice since my wife petitioned for me. I haven't heard anything since. She refused to give me any answers. She said that my case was at another office. She refused to say what office and she said I had to wait for my turn. Reading a little on this forum, I realized that I should have been more specific when I asked questions. I placed an inquiry at congressman Levin's office and they got back to me in a week that my case is in security check but they never told me how long that would take. Yesterday, I called the national customer service and they said they would have the Detroit office communicate with me. I will wait for few weeks during which time I will gather a list of questions to ask for my next InfoPass appointment. Please help with the questions I should ask.



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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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  • Gravitation
    02-02 09:30 AM
    It means that if your PD is current, your application has a fair chance of having been processed.

    If the PD is not current, it doesn't mean anything.



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  • wizpal
    02-24 01:04 AM
    It looks like we are a bunch of folks (from Texas) without any direction. Could any of IV core folks coordinate the meeting sometime next week. Make sure to invite(email) all of those who have responded to this thread.





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  • wandmaker
    11-04 12:32 PM
    since it is a personal choice, you can go-ahead with paper filing, below are the documents that you need;

    Covering Letter for EAD
    Filled I-765 Form
    Cashier/Personal Check
    Copy of I485 Receipt Notice
    Copy of your Passport
    Copy of your DL
    Copy of your I94 obtained at POE
    Copy of your H1 approval with I-94, if your I94 obtained at POE expired.

    My lawyer applied for EAD along with I485; I recollect, He was mentioning that he kept I140 approval copy.

    But as mentioning is it good to efile or manual filing. as i said this is the case , I have moved after filing 485 my file is at NSC , for CT direct centre is VSC and many ppl have adviced to send file to NSC as my 485 is at NSC. Hence i have decided to file for Manual filing as i am new to Efiling and i dont want it to suggest this to go to VSC which will delay the case ? am i making sense?

    Any list for manual filing ?



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  • anilsal
    11-28 09:57 AM
    What Next ?? Simple...

    Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)

    Add some time period between each of these. The cumulative time that will take will be a few years (probably over a decade). :(





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  • eilsoe
    05-12 04:31 AM
    I like 'em :)

    The dont is quite hard to make out on some of 'em, but overall I think they're great =) And I'm not just saying that because you're danish :lol:



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  • ajay_hyd
    06-21 11:45 AM
    My case was approved yesterday. EB3/NSC - India - PD June 02 - RD April 04.

    thanks and good luck to all who are waiting. i will send an additional check to immigrationvoice soon.





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  • saravanaraj.sathya
    08-03 10:22 AM
    Whtz if the previous employer who filed the GC revokes I-140...Is it possible to extend H1 for 3 yrs in this scenario also?



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  • mdmd10
    08-31 10:48 AM
    I don't understand why are you raising this issue in a forum specifically designed to address immigration issues.

    If you need to find a good desi consulting company then you would have to do your own research. After all what would you expect from the members...company A is good and company B is bad!

    You are not going to get a definite answer from this forum! Also, please understand that there are many members here that may not work for desi consulting companies or are desis for that matter. Do your own research and find a company that works for you without soliciting opinions from a forum not designed for such responses!

    My humble 2 cents!





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  • finimits
    05-03 09:55 AM
    Hi Saji007,

    Really? That is very encouraging indeed.
    Even I have currently 5.5 years done on my H1B and looking to change soon.
    BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
    I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?



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  • Hong12
    02-06 02:12 PM
    Thank you very much for your help and all the info. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.





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  • mdipi
    10-28 05:03 PM
    i dont have a cgi bin....



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  • 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





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  • rockstart
    10-23 01:59 PM
    No point worrying over past. Go ahed and file a AR11 ASAP to make sure from now on USCIS has your updated address. In case in future this becomes an issue then contact a lawyer and try to resolve it.

    But moving forward all non immigrants as well as GC holders should make sure they do not miss this important obligation to inform USCIS within 10 days of move. It is easy process and saves lots of trouble later on.





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  • vvpandya
    05-19 07:08 PM
    i did it myself too..pretty straightforward..they hv all info on their website..





    nixstor
    08-23 12:16 PM
    I see a lot of people flocking into "Orkut". How about incorporating a dose of IV through orkut if some of us are already there? What is more important is, making people aware of the consequences they might have to face, even if they havent filed for their GC yet.





    485InDreams
    02-11 07:56 PM
    i haven't recevied my FP notice yet.....



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