bitzbytz
05-12 06:47 PM
waiting...
wallpaper Home Wallpaper Stickers
rock581
07-18 09:08 AM
Great replies. Thank you all.
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
jsb
02-04 03:37 PM
:) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
I think you still need to pay, but if and when you file tax in your country (with which US has a treaty), you can get credit for these payments. For example, if a Canadian works here (and maintains Canada's residential status), he/she has to pay all US taxes, SS, medicare etc, but while filing Canadian taxes (where he is not required to pay SS but has to pay income and other taxes), he/she can get credit for US payments. Therefore, if he/she returns back to Canada without completing 40 quarters, not only his/her US SS/medicare contributions are lost (barring some payments, which are nothing more than a pocket allowance, based on another treaty), he/she did not make contributions to Canadian system, thus lowering future Canadian payouts.
I am a CDN citizen, so I know it a bit better.
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
I think you still need to pay, but if and when you file tax in your country (with which US has a treaty), you can get credit for these payments. For example, if a Canadian works here (and maintains Canada's residential status), he/she has to pay all US taxes, SS, medicare etc, but while filing Canadian taxes (where he is not required to pay SS but has to pay income and other taxes), he/she can get credit for US payments. Therefore, if he/she returns back to Canada without completing 40 quarters, not only his/her US SS/medicare contributions are lost (barring some payments, which are nothing more than a pocket allowance, based on another treaty), he/she did not make contributions to Canadian system, thus lowering future Canadian payouts.
I am a CDN citizen, so I know it a bit better.
2011 by ~The-Boondocks-Crew on
nixstor
02-09 07:39 PM
Congressmen from hi-tech SF and CA.
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A
more...
radhay
07-26 07:25 AM
My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.
Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.
Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.
Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
kevinkris
07-10 06:27 PM
Any answers?
more...
saajed
11-15 10:43 PM
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
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eilsoe
10-02 02:33 PM
there's a wallpaper section??
where..?
where..?
more...
gcgreen
07-07 04:04 PM
to my knowledge, the first year that she started it would be no problem.
but in subsequent years you do need to pay estimated taxes or be subject to underpayment penalty. also, because estimated taxes are pay as you go, you do need to make payments on the payment deadlines.
for some really screwed up reason, the payment deadlines are not precisely three months apart: apr 15, jun 15, sep 15 and jan 15
the amount of estimated tax you need to have paid in order to have paid is calculated based on a worksheet that you can download from the IRS website.
But the general rule of thumb you need to follow is that you should have paid AT LEAST the previous year's taxes by this year including all withholdings and estimated tax payments. For example, if you owed $30000 in federal taxes in 2007, make sure the sum of all estimated taxes and withholdings for 2008 meets or exceeds 30000. I also think there is a rule that if your AGI was greater than 150K in the previous year, you need to pay at least 110% of prior year's tax amount. I am not sure of this one. But generally speaking, I think this rule is called safe harbor rule.
The other rule you can adopt is to ensure that you pay at least 90% tax that you will owe for 2008 by end of 2008. In other words, if you end up owing 40000 this year, make sure you have paid at least 36000 by end of this year.
You can find more info at:
http://www.fairmark.com/estimate/whomust.htm
http://finance.yahoo.com/taxes/article/101936/FAQs_on_estimated_taxes#howcalculate
I hope this information was helpful. Bear in mind, I am no expert on this, and all this info is just by reading various online sources, IRS docs etc.
Continuation..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
but in subsequent years you do need to pay estimated taxes or be subject to underpayment penalty. also, because estimated taxes are pay as you go, you do need to make payments on the payment deadlines.
for some really screwed up reason, the payment deadlines are not precisely three months apart: apr 15, jun 15, sep 15 and jan 15
the amount of estimated tax you need to have paid in order to have paid is calculated based on a worksheet that you can download from the IRS website.
But the general rule of thumb you need to follow is that you should have paid AT LEAST the previous year's taxes by this year including all withholdings and estimated tax payments. For example, if you owed $30000 in federal taxes in 2007, make sure the sum of all estimated taxes and withholdings for 2008 meets or exceeds 30000. I also think there is a rule that if your AGI was greater than 150K in the previous year, you need to pay at least 110% of prior year's tax amount. I am not sure of this one. But generally speaking, I think this rule is called safe harbor rule.
The other rule you can adopt is to ensure that you pay at least 90% tax that you will owe for 2008 by end of 2008. In other words, if you end up owing 40000 this year, make sure you have paid at least 36000 by end of this year.
You can find more info at:
http://www.fairmark.com/estimate/whomust.htm
http://finance.yahoo.com/taxes/article/101936/FAQs_on_estimated_taxes#howcalculate
I hope this information was helpful. Bear in mind, I am no expert on this, and all this info is just by reading various online sources, IRS docs etc.
Continuation..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
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USDream2Dust
04-23 10:52 PM
One word. Congrats. Lots of people get GC on immigrationvoice.org with PD's in 2002 and 2003.
Great news for newbie's like me with PD in 06/07.
Great news for newbie's like me with PD in 06/07.
more...
lazycis
06-06 01:02 PM
I had 1 year contract for employment and I was not paid regularly. Also they were deducting money for health insurance which I didnot receive.
So I left company and they didnot pay me money. I had one year contract or 10000 USD fine.
iI donot work for them since 2005. I have time sheet signed by client and email from vendor to confirm that they paid my money to employer.
Can i go to labor and complain ? Will they ask me to pay back 10k ?
Read this case
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
You certainly can recover your salary. They cannot ask you to give back 10G because such clause is unlawful and is null.
So I left company and they didnot pay me money. I had one year contract or 10000 USD fine.
iI donot work for them since 2005. I have time sheet signed by client and email from vendor to confirm that they paid my money to employer.
Can i go to labor and complain ? Will they ask me to pay back 10k ?
Read this case
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
You certainly can recover your salary. They cannot ask you to give back 10G because such clause is unlawful and is null.
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asanghi
03-29 04:35 PM
What can I do? Franklin, Can you also send the documents to me. I ,live in Santa Clara. I know my congressman is Mike Honda. How do I find out who is my senator?
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same_old_guy
06-26 02:20 PM
Could you please point out the section where it says dual intent for H1 will be removed ?
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knowDOL
06-05 09:27 AM
oh! what a luck. I have not come across anyone who has this situation. My guess is that you should have no problem for 1 year extensions but you cannot get 3 year extensions because 3 year extensions are only for people who cannot file for i485 because of retrogression and you do not meet that criteria and According to Yates memo you are eligible for 1 year extension.
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eilsoe
10-17 08:21 AM
I think Cloud and Tidus look kinda similar... except for the size of course :P
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neerajkandhari
03-16 08:52 AM
Can I work for the same employer as a contractor (1099)
I dont want to be on payrorle with the company for whom i work
I dont want to be on payrorle with the company for whom i work
more...
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sammyb
02-10 07:00 PM
uploaded the letter...
read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...
read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...
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Sushie
08-17 01:48 PM
Hi Everyone,
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
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pa_arora
07-02 12:09 PM
Read that again..they said it right..."All numbers available to these categories under the FY-2007 annual numerical limitation" have been made available.
SO to say they have made available whatever they had for 2007..and they are now out of it.
-p
===================
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made "available".=============
================================
I think they meant to put UNAVAILABLE there....
bastards dont know how to spell !!!
SO to say they have made available whatever they had for 2007..and they are now out of it.
-p
===================
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made "available".=============
================================
I think they meant to put UNAVAILABLE there....
bastards dont know how to spell !!!
gcadream
12-10 07:43 AM
Its so depressing & frustrating Not to see any movement in EB2 dates. For the past 3 months there had been no movement in the EB2 dates. Every time I open with a hope that something will happen but its the same shit each time.
Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.
Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.
fatjoe
09-05 10:16 AM
Same here. All filed at NSC. Filed for EAD and AP on Aug 10th. Checks got cleared on Aug 24th. But did not get the reciept notice yet. Why is it taking so long a time to get the REceipt notices for EAD/AP, where my checks were cleared a couple of weeks ago.
Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
Thanks.
Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
Thanks.
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