amsgc
03-31 02:53 PM
I have a somewat similar situation, here goes:
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
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Lasantha
07-17 04:41 PM
Screw Murthy !!! I have never seen him picking up any good news.
Kumar, you better get ready face two law suites from Sheila Murthy. First for misrepresentig her as a Man and second for sexual harrasment. You are in big trouble boy!!!
Kumar, you better get ready face two law suites from Sheila Murthy. First for misrepresentig her as a Man and second for sexual harrasment. You are in big trouble boy!!!
bluez25
07-16 04:24 PM
I did submit through mail when I applied last year and it took for ever. My personnel preference DO NOT try that option. They atleast need 45 to 60 days for the PCC to be issued.
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gc2
09-23 01:34 PM
pd is june 06. labor is perm. if i become a consultant would i join a new employer on EAD or H transfer or would it not make a difference ?
more...
GCapplicant
07-21 02:07 PM
Misha,
Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.
she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.
She gave our AP for me and my wife right away.
So I advice you to take Info pass and check.Ap what I received was in paper.
Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.
she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.
She gave our AP for me and my wife right away.
So I advice you to take Info pass and check.Ap what I received was in paper.
nozerd
09-05 11:36 AM
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
more...
Pankaj
04-17 11:04 AM
I would suggest send an email, fax and certified mail asking your salary and give a time of a week.
Fill WH4 form along with copy of H1 approval and submit to the office of DOL where you worked for that period.
Fill WH4 form along with copy of H1 approval and submit to the office of DOL where you worked for that period.
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gc_lover
06-20 12:24 PM
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
more...
snathan
04-15 03:35 PM
I am in.
What do I need to do apart from contributions and convincing other friends to vote on the above thread?
We need to cross 5000 mark first....
What do I need to do apart from contributions and convincing other friends to vote on the above thread?
We need to cross 5000 mark first....
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indrachat_75
05-25 11:03 PM
This is simply great.
Indra
Indra
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sujan_vatrapu
10-21 10:18 AM
Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.
I have been saying this over and over, Dems are pro-immigration but they are not pro-legal immigration, just because grassley is anti-immigration does not make the whole republican party is against immigration, get the facts right, aint schumer the one who introduced this special fees on h1-b to put republicans in defense, few senators like mccain (R-AZ) spoke against the provision, bush pushed congress to increase the h1b quota and tried to pass CIR twice, isnt clinton the one who let illegals file AOS in EB3 which is why EB3 is stuck in 2001?
I have been saying this over and over, Dems are pro-immigration but they are not pro-legal immigration, just because grassley is anti-immigration does not make the whole republican party is against immigration, get the facts right, aint schumer the one who introduced this special fees on h1-b to put republicans in defense, few senators like mccain (R-AZ) spoke against the provision, bush pushed congress to increase the h1b quota and tried to pass CIR twice, isnt clinton the one who let illegals file AOS in EB3 which is why EB3 is stuck in 2001?
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sammyb
03-28 04:35 PM
Do they entertain such request - any positive (or negative) experience ... appreciate ... will be in India during May and planning to go for stamping ... mine is a 2006 job change/extension case and was wondering if the I129 made it to the PIMS or not :confused:...
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
more...
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mirage
03-06 02:18 PM
I'm from PA... I had called Senator Specter's Office earlier last week, today I called up Senator Robert Casey's office...
You called office of which Senators?
You called office of which Senators?
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lj_rr
07-23 10:35 PM
----bump, Help?-------------
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apahilaj
03-28 02:56 PM
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
Many thanks for this useful post .
I am not sure about consulates in India though. Any one, any idea?
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
Many thanks for this useful post .
I am not sure about consulates in India though. Any one, any idea?
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vali
10-23 01:13 PM
No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.
-------------------------------------
I'm sorry, few details.
Yes, the lawyer said that he will file to Nebraska.
One small detail I did not understand: PD-priority date- is about the PD when I filled for LC or will be another PD for this I-140?
About the fees:
U.S. Government Fee: I-140- $475.00
U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00
U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 - wife.
the lawyer's fees are very high but I'm stuck and afraid to make changes at this last stage. I'm wrong?
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.
-------------------------------------
I'm sorry, few details.
Yes, the lawyer said that he will file to Nebraska.
One small detail I did not understand: PD-priority date- is about the PD when I filled for LC or will be another PD for this I-140?
About the fees:
U.S. Government Fee: I-140- $475.00
U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00
U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 - wife.
the lawyer's fees are very high but I'm stuck and afraid to make changes at this last stage. I'm wrong?
more...
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gc_kaavaali
12-08 01:36 PM
Hi guys,
IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...if IV succeed you don't have to go through hassle of renewal of EAD and AP.
http://immigrationvoice.org/forum/showthread.php?t=15905
I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...if IV succeed you don't have to go through hassle of renewal of EAD and AP.
http://immigrationvoice.org/forum/showthread.php?t=15905
I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
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navyug
06-24 07:27 PM
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
As long as she is not drawing a Salary, she is fine. She can continue to manage the business.
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
As long as she is not drawing a Salary, she is fine. She can continue to manage the business.
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pappu
04-19 12:33 PM
This thread is being closed as posted earlier in the thread. There will be mini action items posted in future by leaders of this initiative. Please participate on those initiatives.
BharatPremi
10-09 08:07 PM
everybody is busy "buying a home in california" and so nobody has time to answer quiz.:)
immi_2006
01-16 01:21 PM
I may be wrong but i read on murthy that in the 6 years of H1 if you are out of the country for few days/months/years you can file H1B as a new H1 claiming missed days/months/years. (note: your H1 will be valid for only those missed period and not another 6 years) If it is for few days/weeks it is not worth to file for recapturing.
This option was given in murthy.com for people who are on EAD and then their 485 application gets rejected. In order to extend their status for few more months they can apply for recapturing of missed period.
This option was given in murthy.com for people who are on EAD and then their 485 application gets rejected. In order to extend their status for few more months they can apply for recapturing of missed period.
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