kaisersose
08-17 10:06 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
wallpaper love quotes for him in punjabi
immig4me
02-11 08:57 AM
/\/\/\/\/\/\
InTheMoment
07-13 10:56 PM
Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year ’08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year’s visa numbers.
If this happens even EB3 India will be potential losers also.
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year ’08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year’s visa numbers.
If this happens even EB3 India will be potential losers also.
2011 girlfriend 2011 love quotes
pkak
07-13 01:16 AM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.
more...
alisa
01-28 11:13 AM
Guys......
Lets try to get more people involved, and get them to contribute. Talk to your friends. Convince them that they need to invest in IV now, to get results in the next six weeks to six months.
Updates from core are unnecessary. Either things will happen in Febuary (485 filing) or they won't. We will find out in a few weeks.
Try to increase membership and contributions at this point. The purpose of this thread was to try to estimate and predict visa bulletin times, so we could convince people they were in a bad situation; but we found that to be pretty difficult to do. If you can add to that topic, please feel free to do so. Otherwise, this thread should just be closed.
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Lets try to get more people involved, and get them to contribute. Talk to your friends. Convince them that they need to invest in IV now, to get results in the next six weeks to six months.
Updates from core are unnecessary. Either things will happen in Febuary (485 filing) or they won't. We will find out in a few weeks.
Try to increase membership and contributions at this point. The purpose of this thread was to try to estimate and predict visa bulletin times, so we could convince people they were in a bad situation; but we found that to be pretty difficult to do. If you can add to that topic, please feel free to do so. Otherwise, this thread should just be closed.
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
h1techSlave
02-04 09:07 PM
We need to prepare a nice letter and a set of points for discussion with law makers.
We can send the letter to all law makers a week before our visit. During the visit we can talk about some specific points, which we need to prepare in advance.
We can send the letter to all law makers a week before our visit. During the visit we can talk about some specific points, which we need to prepare in advance.
more...
ronhira
04-09 05:02 PM
You are right that it wont make any dent not becasue of the numbers of indians, chinease or mexicans but because we failed to identify the problem at a basic level.
if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
there we go again..... becoz visa bulletin dates did no move.... all of a sudden it means uscis/dos is not doing their job?..... get a grip of u'r self.....
my date if 7th feb-05 & its just days away for over an year.... but i know that blaming uscis/dos won't do a shit for anyone..... becoz that's not where the problem is..... now don't throw bullshit at me.... saying uscis is not efficient blah blah blah..... if uscis is allocating 140K gc per year, that's good enough...... becoz its a wrong goal to setup 100% efficiency with uscis..... we all don't work with our employer 100% becoz we spend time scanning the web..... y do we expect uscis to work 100%....... for me uscis is doing their job if they allocate 140k gc per year...... period..... now stop this non-sense of blaming uscis/dos becoz that sets a wrong target..... the blame/fault for vb and backlog lies with the congress..... the least we can do is identify the source of the problem...... we do people here keep beating down on uscis & dos...... y r we do dumb.....
and all these questions is totally a waste of time...... in the end lets say u get 100% efficiency, what will it get u..... 7 more green cards for a backlog of 1 million..... how stupid is it to get totally blinded by this misguided meaningless talk for 7 visas for a million headless chickens.....
lets continue talking about uscis/dos..... who is next...:mad:
if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
there we go again..... becoz visa bulletin dates did no move.... all of a sudden it means uscis/dos is not doing their job?..... get a grip of u'r self.....
my date if 7th feb-05 & its just days away for over an year.... but i know that blaming uscis/dos won't do a shit for anyone..... becoz that's not where the problem is..... now don't throw bullshit at me.... saying uscis is not efficient blah blah blah..... if uscis is allocating 140K gc per year, that's good enough...... becoz its a wrong goal to setup 100% efficiency with uscis..... we all don't work with our employer 100% becoz we spend time scanning the web..... y do we expect uscis to work 100%....... for me uscis is doing their job if they allocate 140k gc per year...... period..... now stop this non-sense of blaming uscis/dos becoz that sets a wrong target..... the blame/fault for vb and backlog lies with the congress..... the least we can do is identify the source of the problem...... we do people here keep beating down on uscis & dos...... y r we do dumb.....
and all these questions is totally a waste of time...... in the end lets say u get 100% efficiency, what will it get u..... 7 more green cards for a backlog of 1 million..... how stupid is it to get totally blinded by this misguided meaningless talk for 7 visas for a million headless chickens.....
lets continue talking about uscis/dos..... who is next...:mad:
2010 punjabi love quotes
Refugee_New
07-28 01:09 PM
Good point!
As per our religion Parents are always Gods. And there is story of Lord Ganesha about when he was asked that who is your God? He said my parents.
This is where the problem starts chantu. For us in India, anything and everything is god. Indian movie actress's are our gods. We build temple to them. Amitabh is a god, Manisha is a god. These people take the gods avtars in our movies. But we all know how those people are. Most of them in that industry commit adultry.
Our Hindu party BJP uses these movie celebraties during election. We easily portray gods using those filthy people. So this is where problem starts. We have to clean our own backyard first.
As per our religion Parents are always Gods. And there is story of Lord Ganesha about when he was asked that who is your God? He said my parents.
This is where the problem starts chantu. For us in India, anything and everything is god. Indian movie actress's are our gods. We build temple to them. Amitabh is a god, Manisha is a god. These people take the gods avtars in our movies. But we all know how those people are. Most of them in that industry commit adultry.
Our Hindu party BJP uses these movie celebraties during election. We easily portray gods using those filthy people. So this is where problem starts. We have to clean our own backyard first.
more...
immigrationsri
06-26 06:25 PM
Hi,
I am on H1B visa for the past 2.5 years and my current visa expires on 30th Sept 2010. When i approached my company for visa extension, i was told that based on management decision they are changing my visa from H1 to L1. I have a question on this one. If i proceed with this process and in the mean time i get a job offer from different company in US that is ready for H1 transfer and extension, Is it valid? Can i continue to work on my H1 for remaining years? If this is not a valid case and i need to continue with L1 only (with current employer), Will my number of years to work in US be reduced?
Please treat these questions as urgent ones and kindly reply.
Thanks in Advance.
Regards,
Sri
I am on H1B visa for the past 2.5 years and my current visa expires on 30th Sept 2010. When i approached my company for visa extension, i was told that based on management decision they are changing my visa from H1 to L1. I have a question on this one. If i proceed with this process and in the mean time i get a job offer from different company in US that is ready for H1 transfer and extension, Is it valid? Can i continue to work on my H1 for remaining years? If this is not a valid case and i need to continue with L1 only (with current employer), Will my number of years to work in US be reduced?
Please treat these questions as urgent ones and kindly reply.
Thanks in Advance.
Regards,
Sri
hair love quotes for him in punjabi
masaternyc
03-16 05:55 PM
Infinite_Patience_GC,
Most of these labor substitutes are sold/bought by these so called software consultancies(illegal dhanda) to so called software professionals and should be investigated and prosecuted to the full extent of law.
Most of these labor substitutes are sold/bought by these so called software consultancies(illegal dhanda) to so called software professionals and should be investigated and prosecuted to the full extent of law.
more...
.soulty
03-02 07:52 AM
nice link blue.. yep learning-maya is a great resource, make sure you also check out the partners on the right on that learning-maya link. ;)
hot love quotes for him in
JazzByTheBay
09-26 02:22 PM
CNN/FSB news report by Eileen Zimmerman corrected
http://morejazzbythebay.wordpress.com/2007/09/26/cnnfsb-news-report-by-eileen-zimmerman-corrected/
cheers!
jazz
http://morejazzbythebay.wordpress.com/2007/09/26/cnnfsb-news-report-by-eileen-zimmerman-corrected/
cheers!
jazz
more...
house love quotes for him in punjabi
pcs
11-12 09:57 PM
It not about law... it is about following the law...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
tattoo punjabi love quotes wallpapers
Ramba
07-04 09:07 PM
nixstor,
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
more...
pictures pictures love quotes for him
raajpagare
02-20 01:18 AM
I'm one of those who say with pride that I can create jobs and buy houses. Then why will not congress or policy makers not touch this. As some here said it depends upon what we think about ourselves. I know many people who like to work under someone even after 10-15 years, my brother is like that, and I know many more like me who want to start companies, employ many people, and do bigger things. Both may be right in their own ways, but if you project yourself like me, then the doors will open.. Show enterprise..
I appreciate and agree with your sentiment. But unfortunately politics is too dirty and they dont care about any of those things, all they care about is votes and populist agendas. The flavour of the day populist agenda is blaming immigrants for all the current economic mess and thats why politicians will be working against legal immigration rather than for it.
But I admire your spirit and agree that we need to show the people how much potential we have for the betterment of this country, if only they let us do it.
I appreciate and agree with your sentiment. But unfortunately politics is too dirty and they dont care about any of those things, all they care about is votes and populist agendas. The flavour of the day populist agenda is blaming immigrants for all the current economic mess and thats why politicians will be working against legal immigration rather than for it.
But I admire your spirit and agree that we need to show the people how much potential we have for the betterment of this country, if only they let us do it.
dresses punjabi love quotes in
logiclife
01-31 04:33 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.
You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.
You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.
more...
makeup love quotes for him in punjabi
delax
07-14 07:17 PM
Murthy will never mention Immigrationvoice or our effort on her website.
Murthy will always want to take credit for everything good even if she has no hand in it. She tried to take credit for the June bulletin. But she vanished when the July fiasco happened. Why did she not take credit for the July fiasco if she was so close to DOS and was so easily able to influence the June bulletin. It is publicity stunt of these lawyers and their websites to try to show off how influencial they are so that their clients are simply awed by them and give dollars to them as fees.
I want to ask Murthy this question-- How much money has she given to Immigrationvoice till now?
If she has not given any money, then it means she does not care about immigrants and this cause. It means she wants retrogression to stay so that she can make quick bucks off it.
My friend - I think I need to send you a flower :)
To a few of my misguided friends who seem to not understand the distinction between a lobbying outfit whose goal is to change existing law to better suit reality and a law firm whose goal is to work within existing law. As self-proclaimed proponents of "Gandhigiri" - I see its principles not being applied when dealing with each other. Is Gandhigiri meant only to show USCIS. Would the Mahatma have said the same things mentioned above before asking himself a few questions. I dont think we can question the motives and intention of anybody before fully knowing the facts. As a client of Murthy Law Firm here is a fact:
On her call last week for her clients, she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now.
Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.
If you feel that she does not work for immigrants you have no locus standi to avail of ANY BENEFIT from the lawsuit and as a true proponent of "Gandhigiri" you should VOLUNTARILY exclude yourself from any such potential benefit.
I know the Mahatma would have done the same thing.
Murthy will always want to take credit for everything good even if she has no hand in it. She tried to take credit for the June bulletin. But she vanished when the July fiasco happened. Why did she not take credit for the July fiasco if she was so close to DOS and was so easily able to influence the June bulletin. It is publicity stunt of these lawyers and their websites to try to show off how influencial they are so that their clients are simply awed by them and give dollars to them as fees.
I want to ask Murthy this question-- How much money has she given to Immigrationvoice till now?
If she has not given any money, then it means she does not care about immigrants and this cause. It means she wants retrogression to stay so that she can make quick bucks off it.
My friend - I think I need to send you a flower :)
To a few of my misguided friends who seem to not understand the distinction between a lobbying outfit whose goal is to change existing law to better suit reality and a law firm whose goal is to work within existing law. As self-proclaimed proponents of "Gandhigiri" - I see its principles not being applied when dealing with each other. Is Gandhigiri meant only to show USCIS. Would the Mahatma have said the same things mentioned above before asking himself a few questions. I dont think we can question the motives and intention of anybody before fully knowing the facts. As a client of Murthy Law Firm here is a fact:
On her call last week for her clients, she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now.
Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.
If you feel that she does not work for immigrants you have no locus standi to avail of ANY BENEFIT from the lawsuit and as a true proponent of "Gandhigiri" you should VOLUNTARILY exclude yourself from any such potential benefit.
I know the Mahatma would have done the same thing.
girlfriend love quotes for him in punjabi
amitjoey
07-05 12:50 PM
Fellow IV fighters, members. I know, it seems like there is always a target for funds and we dont achieve it. Well! that is not true, we set a new target when the first one is achieved.
Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. The reason so many of us are so very aggresive is that we just need more funds, plain and simple.
Inspite of several hundreds contributing, it is not enough. But we will soon reach a day when we would be okay, (given a lot of us/you, sign up for a recurring contribution).
Trusting IV with funds is a major stumbling block, but remember IV is a non-profit, so every "naya-paisa" (penny) is accounted for.
People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable.
And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
So your $100 at the bowling arena wont get you much farther, but contribute it to IV to get your way ahead paved and bull-dozed over.
Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. The reason so many of us are so very aggresive is that we just need more funds, plain and simple.
Inspite of several hundreds contributing, it is not enough. But we will soon reach a day when we would be okay, (given a lot of us/you, sign up for a recurring contribution).
Trusting IV with funds is a major stumbling block, but remember IV is a non-profit, so every "naya-paisa" (penny) is accounted for.
People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable.
And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
So your $100 at the bowling arena wont get you much farther, but contribute it to IV to get your way ahead paved and bull-dozed over.
hairstyles love quotes for him long
rockstart
03-12 08:36 AM
To be able to use the AC21, should the I-140 be already approved for 180 days or more?
No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.
No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.
webm
04-07 05:01 PM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
First of all Congrats!!
BTW,what is your 485 RD and processing center??
PD Sep 2001
EB3 India.
First of all Congrats!!
BTW,what is your 485 RD and processing center??
guyfromsg
07-16 09:52 PM
We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.
Here is the first one:
I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?
Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Example 8.
Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.
What kind of federal income tax returns will he file for 1999 and 2000?
Here is the first one:
I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?
Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Example 8.
Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.
What kind of federal income tax returns will he file for 1999 and 2000?
Post a Comment