h1b_holder
03-15 11:20 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
wallpaper Bone Thugs-n-Harmony @ Oxford art Factory 10
mmanurker
04-13 11:48 AM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
extra_mint
02-06 11:41 AM
Congratulations Ivar.
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
2011 Bone Thugs-N- Harmony!lt;3
chi_shark
09-09 04:30 PM
:eek:
What the h### am i getting the red dots for anyway? it looks kinda cool!
What the h### am i getting the red dots for anyway? it looks kinda cool!
more...
Ennada
09-13 12:25 PM
EB2 and EB3 at one point were in the same boat. Now that EB2 is advancing and is way ahead of EB3, the EB3 applicants are upset and angry. Their anger is very much justified. However, their anger should not be directed towards EB2 applicants.
As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.
"hate the game, don't hate the playa....Chris Rock" is appropriate here.
Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.
We are all in this together. We all need to stay together.
As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.
"hate the game, don't hate the playa....Chris Rock" is appropriate here.
Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.
We are all in this together. We all need to stay together.
ilikekilo
07-17 08:42 PM
I think it is high time we need to set rules and roles for senior member alike - they are supposed to bring people to the group not the otherway around - We are setting a wrong precedence - A guy who has contributed more than you, can ask you to lay off ilikekilo, and that is not far away.
Anyways, Some of the members have become super stars by being here and wanting to do more so let seniors show the real attitude to freshmen.
Thanks for your understanding
so what is your point? ?
FYI ksirh its noth how much u contributed? its the way u ask! pl wake up
Anyways, Some of the members have become super stars by being here and wanting to do more so let seniors show the real attitude to freshmen.
Thanks for your understanding
so what is your point? ?
FYI ksirh its noth how much u contributed? its the way u ask! pl wake up
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maine_gc
04-20 02:00 PM
I-94 also does not have the date written
2010 Bone Thugs-n-Harmony @ Oxford art Factory
ragz4u
03-15 11:39 AM
hi Super_Moderator,
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
Unfotunately thats not the way the US political system works! Just as we are trying to get pro-immigrant stuff in, there are others who are trying to negate our force and in fact get any pro immigrant stuff out! Example, numbersusa.
As I have said in my previous post, we are trying to push for the pro-immigrant package at every step. It could happen now, it could happen later, in the worst case it might not happen at all! There are a lot of forces involved in this.
What is in our control is to keep trying and not give up till the very end. And make no mistake, we are doing that every second coz we are in the same boat as you are.
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
Unfotunately thats not the way the US political system works! Just as we are trying to get pro-immigrant stuff in, there are others who are trying to negate our force and in fact get any pro immigrant stuff out! Example, numbersusa.
As I have said in my previous post, we are trying to push for the pro-immigrant package at every step. It could happen now, it could happen later, in the worst case it might not happen at all! There are a lot of forces involved in this.
What is in our control is to keep trying and not give up till the very end. And make no mistake, we are doing that every second coz we are in the same boat as you are.
more...
waiting4gc02
02-21 10:07 AM
Guys:
Does anyone know why the Service Center Processing still shows as of
Jan'17th, when they generally update the Service Center Processing information atleast once a month if not twice in the past...!!!
I know it's the INS and they can do whatever they like, but has anyone any other insight into this..?
Thanks
Does anyone know why the Service Center Processing still shows as of
Jan'17th, when they generally update the Service Center Processing information atleast once a month if not twice in the past...!!!
I know it's the INS and they can do whatever they like, but has anyone any other insight into this..?
Thanks
hair Bone Thugs-n-Harmony @ Oxford art Factory 9
alg
12-11 01:47 PM
The first time, my husband and I were asked all kinds of questions by the secondary CIS officer at LAX, and was asked NOT to do our own copies of the original AP, that we are not supposed to do copies of official documents. He kept and use our copies anyway. The stamp in the AP extended it for a year after this entry.
Two weeks later, upon arriving again at LAX, the secondary CIS officer did not ask any questions and did not make copies of the AP. We just got another stamp on the original one extending its validity again for one year from date of entry. It went pretty fast.
Two weeks later, upon arriving again at LAX, the secondary CIS officer did not ask any questions and did not make copies of the AP. We just got another stamp on the original one extending its validity again for one year from date of entry. It went pretty fast.
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Kitiara
05-27 10:25 AM
Consider it a back handed compliment. :)
hot Bone Thugs-n-Harmony @ Oxford art Factory 4
tyson
01-11 11:38 AM
Guys: One way to get involved is to find Congressional candidates (especially Republicans) and educate them. If you really want to push them along, ask can you help with their campaign.
For example, Eddie Adams in the Tampa Bay Area, is more open to discussion than the current incumbent. And, if he can be found open to backing legislation to expedite the Green Card process; then this movement has a new friend.
He is certainly (like most Republicans) no friend of illegal immigration. But, he might be open to pressuring the USCIS to move the legal immigration applications along.
For example, Eddie Adams in the Tampa Bay Area, is more open to discussion than the current incumbent. And, if he can be found open to backing legislation to expedite the Green Card process; then this movement has a new friend.
He is certainly (like most Republicans) no friend of illegal immigration. But, he might be open to pressuring the USCIS to move the legal immigration applications along.
more...
house Free Bonethugs amp; Eazy E
sobers
06-02 10:40 AM
you're absolutely right jkays94. FAIR, NumbersUSA (mentioned above) and CIS.org are all part of the John Tanton Network. (he also founded US English and other population-control organizations). The SPLC did a feature story on him some time ago. I posted the link to that in one of my earlier posts.
tattoo Bone Thugs-n-Harmony @ Oxford art Factory 11
gccube
04-21 12:39 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Good luck to everyone.
more...
pictures Bone Thugs-n-Harmony @ Oxford art Factory 5
starscream
09-16 04:24 PM
There is a separate original thread for calls in support of HR5882
http://immigrationvoice.org/forum/showthread.php?t=21393
people who are calling please post replies on that thread....so that we can get a good count..instead of having 2 separate threads
http://immigrationvoice.org/forum/showthread.php?t=21393
people who are calling please post replies on that thread....so that we can get a good count..instead of having 2 separate threads
dresses Bone Thugs N Harmony - C-Town
CRAZYMONK
01-11 02:29 PM
I sent you a private message. Pls check
more...
makeup Bone Thugs-n-Harmony @ Oxford art Factory 14
rangakutta
02-10 11:56 AM
I have a masters in Electrical engineering. And my job duties is system administration or say system analyst.
girlfriend Bone Thugs-N-Harmony
ilikekilo
07-21 10:43 AM
I still can't imagine Sen Hillary Clinton did not support legal immigrations..hmm, may be when we send it to Obama, he can take it up with his opponent to get her support too.. who knows, it is all a tricky issue
seahawks - obama did not even vote...smart...
seahawks - obama did not even vote...smart...
hairstyles Bone Thugs-n-Harmony @ Oxford art Factory 15
mzdial
March 15th, 2004, 01:37 AM
I'm guessing this topic was spurred by my post about the cameras I carry.. :-)
I didn't buy that particular phone for the camera, it was built-in.. Quality isn't great and you know that going in that -- it's a toy.
It does have some nice options on the phone, especially when the phone is reprogrammed. (I have a buddy that works for Motorola up in Chicago.) All the options on the phone are open now on it. That was my particular motivation in the phone. I use the GPRS on the phone to transmit pictures on occasion from my powerbook (plugs in via USB -- works as a GPRS modem or a standard 9600 baud analog modem) .. Very nice. It's got the built-in POP/IMAP message center and all that good stuff too.
I'll take a couple pictures with it and post it here tomorrow when I get a chance.
-- Matt
I didn't buy that particular phone for the camera, it was built-in.. Quality isn't great and you know that going in that -- it's a toy.
It does have some nice options on the phone, especially when the phone is reprogrammed. (I have a buddy that works for Motorola up in Chicago.) All the options on the phone are open now on it. That was my particular motivation in the phone. I use the GPRS on the phone to transmit pictures on occasion from my powerbook (plugs in via USB -- works as a GPRS modem or a standard 9600 baud analog modem) .. Very nice. It's got the built-in POP/IMAP message center and all that good stuff too.
I'll take a couple pictures with it and post it here tomorrow when I get a chance.
-- Matt
gcformeornot
05-29 04:26 PM
For the record I do not have a problem. Employer is a very large company and I have worked in the same location for close to 10 years with a well maintained LCA history. So chill. My eyes are wide open in matters important to me.
The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.
You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.
Murthy Law Firm Attorney 6
Attorney posted May 29, 2010 12:34 PM
Call the Murthy Law Firm after the holiday weekend and get some help.
We have started to see this issue. The USCIS trying to deny I-485s due to LCA failures. The reason the LCAs aren't proper, usually, is that the employer relocated the person w/o doing a new LCA. The employee usually has no idea, since the LCA is the employer's filing and there used to be a lot less attention/awareness about LCA issues.
We have developed a number of arguments regarding this matter....including the "no fault of your own" concept and arguments regarding status violations vs LCA violations etc. This is a new development.
The reason why it is important is that it is necessary to be in status when filing the I-485. Prior status violations exceeding 180 days prior to or after filing the I-485 are grounds for I-485 denials.
It is a complicated topic. If the USCIS persists in this matter, there are going to be a lot of cases with this type of problem.
Urgent Notice of Intent to Deny I-485, LCA amendment not filed - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8951088502&r=1511058602#1511058602)
The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.
You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.
Murthy Law Firm Attorney 6
Attorney posted May 29, 2010 12:34 PM
Call the Murthy Law Firm after the holiday weekend and get some help.
We have started to see this issue. The USCIS trying to deny I-485s due to LCA failures. The reason the LCAs aren't proper, usually, is that the employer relocated the person w/o doing a new LCA. The employee usually has no idea, since the LCA is the employer's filing and there used to be a lot less attention/awareness about LCA issues.
We have developed a number of arguments regarding this matter....including the "no fault of your own" concept and arguments regarding status violations vs LCA violations etc. This is a new development.
The reason why it is important is that it is necessary to be in status when filing the I-485. Prior status violations exceeding 180 days prior to or after filing the I-485 are grounds for I-485 denials.
It is a complicated topic. If the USCIS persists in this matter, there are going to be a lot of cases with this type of problem.
Urgent Notice of Intent to Deny I-485, LCA amendment not filed - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8951088502&r=1511058602#1511058602)
styrum
11-10 04:44 PM
Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.
Thanks for all the inputs
Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?
Thanks for all the inputs
Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?
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