kumar1
12-26 01:58 PM
H1/H4/L1/L2... - Non-Permanent Resident Alien
F1/F2 - Non-Permanent Non-resident Alien.
Green Card - Permanent Resident Alien.
Citizen - Naturalized citizen
Resident and Non-resident make a difference in taxation.
Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. “Non-Permanent” because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.
Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). “Non Permanent” comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.
Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.
Let me know if I am wrong anywhere. Thanks
F1/F2 - Non-Permanent Non-resident Alien.
Green Card - Permanent Resident Alien.
Citizen - Naturalized citizen
Resident and Non-resident make a difference in taxation.
Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. “Non-Permanent” because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.
Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). “Non Permanent” comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.
Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.
Let me know if I am wrong anywhere. Thanks
satishku_2000
08-15 03:32 PM
I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close
Did you use AC21? how long ago you applied for 485?
Did you use AC21? how long ago you applied for 485?
gc28262
01-29 05:46 PM
How is e-Verify going to affect legal immigrants ?
anilsal
01-07 10:42 AM
So it is really an administrator goof-up?
more...
desi3933
05-12 12:49 PM
.... How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications). ...
Read section 203(d) of INA or ask an immigration expert to explain it you. You will get your answer.
Take an example:
H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1.
Laws are different for H1/L1 and adjustment to permanent resident status (aka I-485 approval). Do not confuse non-immigrant visa with immigrant visa. They are not same.
______________________
Not a legal advice
US citizen of Indian origin
.
Read section 203(d) of INA or ask an immigration expert to explain it you. You will get your answer.
Take an example:
H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1.
Laws are different for H1/L1 and adjustment to permanent resident status (aka I-485 approval). Do not confuse non-immigrant visa with immigrant visa. They are not same.
______________________
Not a legal advice
US citizen of Indian origin
.
walking_dude
01-28 07:22 PM
Your situation is exactly like mine. Got OCI for first kid and PIO for the second.
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
This question is specific to Indian nationals with children born in US.
Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
This question is specific to Indian nationals with children born in US.
Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?
more...
ngopalak
05-15 07:12 PM
The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
====
I disagree...
In the United States, anything is possible...even if we don't have votes, this is a society that is run on money. If we are able to raise enough funds, we can cause many things to happen (like support candidate's for elections that are pro-immigration).
Again this is the "Land of the brave"....
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
====
I disagree...
In the United States, anything is possible...even if we don't have votes, this is a society that is run on money. If we are able to raise enough funds, we can cause many things to happen (like support candidate's for elections that are pro-immigration).
Again this is the "Land of the brave"....
greenguru
04-03 12:29 PM
I was in the same situation.
First : Get your new passport.
Then schedule an appointment in the Consulate ( Canada ) and go for stamping.
All canadian Cons. take passport for the scheduling appointment.
First : Get your new passport.
Then schedule an appointment in the Consulate ( Canada ) and go for stamping.
All canadian Cons. take passport for the scheduling appointment.
more...
uma001
07-24 05:07 PM
If they receive too many responses during advertizing period, they may not process your gc. That is all to it. At that time u might chill out and wait for a year or so and reply. If your skills are in demand, I do not see a reason to wait. It is always better to take a dive as early as possible. Good luck.
Absolutely correct. This is the experience I had in my case. My company is fortune 550 company. They received lot of responses when they posted ads. I could not beleive the repsonse I got from VP. And they do not want to file green card now. He simply said 'he found candidates' :(
Absolutely correct. This is the experience I had in my case. My company is fortune 550 company. They received lot of responses when they posted ads. I could not beleive the repsonse I got from VP. And they do not want to file green card now. He simply said 'he found candidates' :(
gapala
02-26 10:46 AM
Did you talk to a good lawyer yet? Or just hanging out in this forum?
I suggest you talk to a lawyer and get his advise.
As someone suggested, going back to school is always an option for you. By the way, you could have posted this info in the same thread that you opened few days ago on this very same topic.
I suggest you talk to a lawyer and get his advise.
As someone suggested, going back to school is always an option for you. By the way, you could have posted this info in the same thread that you opened few days ago on this very same topic.
more...
snathan
02-13 01:14 AM
H1B - LCA Related Issues - How can we save ourselves ???
HI
I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.
HI
I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.
lsuk
07-21 10:24 PM
GCKarma,
You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.
You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.
more...
HV000
11-17 03:25 PM
Why are we always in an approval seeking mode when it comes to U.S? This still shows that we didn�t come out of our slave mentality ever since independence. We are happy whenever something Indian gets recognized in US. We are also happy to associate ourselves with America and call our film industry as Bollywood, Kollywood, Tollywood etc..
Do Americans give a damn about Halloween celebrations in India? In fact they didn�t even know that an outside world exists until 9/11. They built a strong economy from its grass roots by believing in their self worth, there by becoming the greatest country in this world. America didn�t seek approval from any country throughout its history and this is what one need to learn from this country.
Most of us are here are 2nd and 3rd generation Indians since Independence and for God�s sake let�s stop this weakling attitude right now and not pass this on to our children. Feel good about you and your culture from your heart and don�t let anyone or anything to influence that.
�Show me a man without an ego and I will show you a loser� � Donald Trump - Real Estate billionaire
We could care less about U.S. if we were in India, but we are in the U.S. It's VERY important that they understand us and our plight waiting for green cards.
Do Americans give a damn about Halloween celebrations in India? In fact they didn�t even know that an outside world exists until 9/11. They built a strong economy from its grass roots by believing in their self worth, there by becoming the greatest country in this world. America didn�t seek approval from any country throughout its history and this is what one need to learn from this country.
Most of us are here are 2nd and 3rd generation Indians since Independence and for God�s sake let�s stop this weakling attitude right now and not pass this on to our children. Feel good about you and your culture from your heart and don�t let anyone or anything to influence that.
�Show me a man without an ego and I will show you a loser� � Donald Trump - Real Estate billionaire
We could care less about U.S. if we were in India, but we are in the U.S. It's VERY important that they understand us and our plight waiting for green cards.
ChainReaction
04-02 02:28 PM
I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.
Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?
Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?
more...
glus
06-07 08:08 AM
The only option you have is to get into the U.S. and start working for the employer who sponsored your H-1B. After you establish that you work for the employer, you may start looking for another company, who can then do a transfer with H-1B extension for you, or you can ask your original employer to file extension of H-1B for you. In either case, you did not loose any of the 6 year time. The time starts counting after you enter U.S and are in H-1B status.
raysaikat
03-17 03:53 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.
more...
singhsa3
07-31 02:32 PM
It is ok as long as she does not overstay 180 days
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
yjprakash
10-24 04:58 PM
finally status for EAD and AP changed to " documents mailed".
But yesterday i received a letter from USCIS related to the fax I did before.
and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!
waiting for EAD & AP hopefully I will get it tomorrow.
But yesterday i received a letter from USCIS related to the fax I did before.
and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!
waiting for EAD & AP hopefully I will get it tomorrow.
anilvt
07-17 12:05 AM
Anyone?
indyanguy
01-13 10:26 AM
Receipt date is July 2nd, 2007.
Unfortunately, its the company lawyer and I cannot use a different lawyer's services.
Unfortunately, its the company lawyer and I cannot use a different lawyer's services.
dwhuser
09-14 05:11 PM
Curious to see if there is any luck for spouse approvals in the September 2009 PD movement ?
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