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Monday, June 27, 2011

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ken

04-08 02:24 PM

Hello gurus
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.

I already recieved my EAD,AP

Let me know your thoughts or if some one else also recieve the same update.

Thanks in advance..

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wandmaker

08-03 11:04 AM

How often is finger printing required/asked for during the 485 process.
Thanks

485 is pending and 15 months has passed since the last FP, you will receive a new FP notice. If you efile your EAD, you will receive a FP notice to get a FP & picture, which is different from 485 FP.

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sam_hoosier

05-18 01:13 PM

I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.

1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places

Dont look at VA - commute to MD will be killing.
DC is expensive.
Look at Frederick, Gaithersburg, Rockville, Bethesda in MD

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3ZS

June 14th, 2006, 03:35 PM

Im in the same boat as you. I just bought a D70 and it came with almost the same exact len kit. Ive had lots of fun/luck witht he 70-300mm at my kids softball games. I got some great shots of the kids at the plate , running, fielding etc...

Back to your original question....I just bought a magazine this week by ShutterBug - Digital Photography How-To Guide. One of the articles is about choosing the next lens for your digital SLR. Well worth the price for us rookies :p

I need some serious help with my D50 equipment. I have no experience at all with SLR cameras, and have recently bought a bundle consisting of a Nikon D50 and a Nikon 18-55mm f/3.5-5.6G ED AF-S Dxlens. Now I am interested in buying another lens (The Nikon 70-300mm f/4-5.6 AF Zoom Lens) in hope that these two lenses would suit my needs in amateur photography. I intend to photo landscapes, portraits and some ''macro'' (flowers and some insects). So, I would like to know if these lenses are an acceptable choice, having in mind that I can't afford to buy some expensive lenses, as my average monthly salary almost amounts to the price of these cheap ones. Thanks.

Approved 140 status changed [Archive] - Immigration Voice

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freeskier89

02-08 06:22 PM

Voters: 89
freeskier89

Suspicious. :P

Anyways, yay. haha!! This poll was rigged from the start! :P Just kidding of course. Congrats everyone

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caforum2

06-18 04:33 PM

Yes It applies to new employer as well.

Here is my timeline

on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4

EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.

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gcpain

07-24 02:24 PM

Hello Guys,
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......

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meridiani.planum

06-20 12:18 PM

I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married).

Cant attend own brothers wedding because we are scared of the possibility of MAYBE getting a delayed visa stamping?? what kind of life is that? ....

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Blog Feeds

05-05 07:10 AM

VIA IRS.GOV (http://www.irs.gov/businesses/small/international/article/0,,id=96477,00.html)

An alien is any individual who is not a U.S. citizen or U.S. national (http://www.irs.gov/businesses/small/international/article/0,,id=129236,00.html). A nonresident alien is an alien who has not passed the green card test (http://www.irs.gov/businesses/small/international/article/0,,id=96314,00.html)or the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html).

Who Must File

If you are any of the following, you must file a return:

A nonresident alien individual engaged or considered to be engaged in a trade or business in the United States during the year. You must file even if:

Your income did not come from a trade or business conducted in the United States,
You have no income from U.S. sources, or
Your income is exempt from income tax.
However, if your only U.S. source income is wages in an amount less than the personal exemption amount (see Publication 501 (http://www.irs.gov/publications/p501/index.html)), you are not required to file.
A nonresident alien individual not engaged in a trade or business in the United States with U.S. income on which the tax liability was not satisfied by the withholding of tax at the source.
A representative or agent responsible for filing the return of an individual described in (1) or (2),
A fiduciary for a nonresident alien estate or trust, or
A resident or domestic fiduciary, or other person, charged with the care of the person or property of a nonresident individual may be required to file an income tax return for that individual and pay the tax (Refer to Treas. Reg. 1.6012-3(b)).
NOTE: If you were a nonresident alien student, teacher, or trainee who was temporarily present in the United States on an "F,""J,""M," or "Q" visa, you are considered engaged in a trade or business in the United States. You must file Form 1040NR (or Form 1040NR-EZ) only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Refer to Foreign Students and Scholars (http://www.irs.gov/businesses/small/international/article/0,,id=96431,00.html) for more information.

Claiming a Refund or Benefit

You must also file an income tax return if you want to:

Claim a refund of overwithheld or overpaid tax, or
Claim the benefit of any deductions or credits. For example, if you have no U.S. business activities but have income from real property that you choose to treat as effectively connected income, you must timely file a true and accurate return to take any allowable deductions against that income.
Which Income to Report

A nonresident alien's income that is subject to U.S. income tax must generally be divided into two categories:

Income that is Effectively Connected (http://www.irs.gov/businesses/small/international/article/0,,id=96409,00.html) with a trade or business in the United States
U.S. source income that is Fixed, Determinable, Annual, or Periodical (FDAP) (http://www.irs.gov/businesses/small/international/article/0,,id=96404,00.html)
Effectively Connected Income, after allowable deductions, is taxed at graduated rates. These are the same rates that apply to U.S. citizens and residents. FDAP income generally consists of passive investment income; however, in theory, it could consist of almost any sort of income. FDAP income is taxed at a flat 30 percent (or lower treaty rate) and no deductions are allowed against such income. Effectively Connected Income should be reported on page one of Form 1040NR. FDAP income should be reported on page four of Form 1040NR.

Which Form to File

Nonresident aliens who are required to file an income tax return must use:

Form 1040NR (http://www.irs.gov/pub/irs-pdf/f1040nr.pdf) (PDF) or,
Form 1040NR-EZ (http://www.irs.gov/pub/irs-pdf/f1040nre.pdf) (PDF) if qualified. Refer to the Instructions for Form 1040NR-EZ (http://www.irs.gov/pub/irs-pdf/i1040nre.pdf) to determine if you qualify.
Find more information at Which Form to File (http://www.irs.gov/businesses/small/international/article/0,,id=129232,00.html).

When and Where To File

If you are an employee or self-employed person and you receive wages or non-employee compensation subject to U.S. income tax withholding, or you have an office or place of business in the United States, you must generally file by the 15th day of the 4th month after your tax year ends. For a person filing using a calendar year this is generally April 15.

If you are not an employee or self-employed person who receives wages or non-employee compensation subject to U.S. income tax withholding, or if you do not have an office or place of business in the United States, you must file by the 15th day of the 6th month after your tax year ends. For a person filing using a calendar year this is generally June 15.

File Form 1040NR-EZ and Form 1040NR at the address shown in the instructions for Form 1040NR-EZ and 1040NR.

Extension of time to file

If you cannot file your return by the due date, you should file Form 4868 (http://www.irs.gov/pub/irs-pdf/f4868.pdf) (PDF) to request an automatic extension of time to file. You must file Form 4868 by the regular due date of the return.

You Could Lose Your Deductions and Credits

To get the benefit of any allowable deductions or credits, you must timely file a true and accurate income tax return. For this purpose, a return is timely if it is filed within 16 months of the due date just discussed. The Internal Revenue Service has the right to deny deductions and credits on tax returns filed more than 16 months after the due dates of the returns. Refer to When To File in Chapter 7 of Publication 519, U.S. Tax Guide for Aliens (http://www.irs.gov/pub/irs-pdf/p519.pdf) (PDF) for additional details.

Departing Alien

Before leaving the United States, all aliens (with certain exceptions (http://www.irs.gov/businesses/small/international/article/0,,id=97256,00.html)) must obtain a certificate of compliance. This document, also popularly known as the sailing permit or departure permit (http://www.irs.gov/businesses/small/international/article/0,,id=97256,00.html), must be secured from the IRS before leaving the U.S. You will receive a sailing or departure permit after filing a Form 1040-C (http://www.irs.gov/pub/irs-pdf/f1040c.pdf) (PDF) or Form 2063 (http://www.irs.gov/pub/irs-pdf/f2063.pdf) (PDF).

Even if you have left the United States and filed a Form 1040-C, U.S. Departing Alien Income Tax Return (http://www.irs.gov/pub/irs-pdf/f1040c.pdf) (PDF), on departure, you still must file an annual U.S. income tax return. If you are married and both you and your spouse are required to file, you must each file a separate return, unless one of the spouses is a U.S. citizen or a resident alien, in which case the departing alien could file a joint return with his or her spouse (Refer to Nonresident Spouse Treated as a Resident (http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html)).

References/Related Topics

Source of Income (http://www.irs.gov/businesses/small/international/article/0,,id=96459,00.html)
Exclusions From Income (http://www.irs.gov/businesses/small/international/article/0,,id=96455,00.html)
Real Property (http://www.irs.gov/businesses/small/international/article/0,,id=96403,00.html)
Figuring Your Tax (http://www.irs.gov/businesses/small/international/article/0,,id=96467,00.html)
Tax Treaties (http://www.irs.gov/businesses/small/international/article/0,,id=96454,00.html)
The Taxation of Capital Gains of Nonresident Alien Students, Scholars and Employees of Foreign Governments (http://www.irs.gov/businesses/small/international/article/0,,id=129253,00.html)
Tax Withholding on Foreign Persons (http://www.irs.gov/businesses/small/international/article/0,,id=106981,00.html)
Taxpayer Identification Numbers (TIN) (http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html)
Some Nonresidents with U.S. Assets Must File Estate Tax Returns (http://www.irs.gov/businesses/small/international/article/0,,id=156329,00.html)
Rate the Small Businesses and Self-Employed Web Site (http://www.irs.gov/businesses/small/article/0,,id=172872,00.html)

Page Last Reviewed or Updated: November 17, 2010

More... (http://ashwinsharma.com/2011/04/13/taxation-of-nonresident-aliens.aspx?ref=rss)

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krishnam70

05-05 01:47 PM

Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.

Appreciate all of your help in this regard.

Thanks

http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage

-cheers
kris

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fatboysam

05-17 12:39 AM

I am a software engineer and i do not find my occupation in this list. There is one but it's only for managers. Does it mean i am not eligible by any means ?

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villamonte6100

10-15 12:01 PM

I renewed mine 3 months ago. Texas is a LIBERAL state after all.
Can anybody list the states that check immigration status to renew / issue a driver's license?

Colorado is one and very very strict.

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BharatPremi

09-20 06:38 PM

Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately

One reason to have more Eb2 in 2006 is tiresome wait in EB3. Many people after PERM implementation (May 2005) decided to go for second file in EB2 and hence the more EB2 files in 2006.

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engineer

04-02 02:19 AM

I am at AOS stage with approved I140, EAD and AP. My PD is Nov 2005 and I am in ROW.

I got following RFE.

My original birth certificate doesnot show the name of my mother as local laws in my country don't put mother's name on birth certificate.

My questions:
1. How should I answer RFE ?
2. Who should sign Affidavits ? My parents, grand parents , relatives etc ?
3. Can anyone send me format of Affidavit please

I will appreciate your help.

Thanks,

Sumbit the following evidence to verify the birth and parentage of [name]

A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a

city, or

A photocopy of a birth certificate issued by the Additional Disctrict Registrar's Office if the person

named above was born in a village.

If a birth certificate doesnot list the names of both mother and father, or the child, secondary evidence

must be submitted to establish parentage. Secondary evidence includes , but is not limited to , copies of:

medical recors, government-issued identity cards, religious records and/or affidavist from atleast two

persons alive at the time of birth. The oldest available evidence thats lists the names of both parents

should be submitted.

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mallu

09-26 10:03 PM

Thanks. But GC still sucks because of the long process. Good Luck to everyone.

PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007

Congrats. So you are an old timer, with PD 2002. (Being from ROW) you luckily escaped the name check torture.

I am also a relatively old timer ( PD Nov. 2002 ). Unfortunately stuck in namecheck since Aug.2006. My fellow Indians say , i can just sit like this for another 2 - 3 years in name check :-(

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sidbee

08-19 01:36 PM

Not that , i agree with OP(Infact i am against posting such a news on IV)

Ramesh Chilakamarri, Detroit, MI - Psychiatrist (http://www.wellness.com/dir/2233480/psychiatrist/mi/detroit/ramesh-chilakamarri-md)

Proves he is from india (Gandhi Med Coll, Univ Hlth Sci, Vijayawada, Hyderabad, Ap, India )

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illinois_alum

07-13 08:43 PM

Why does everyone think it can only be something that the USCIS has the power/authority to act on by themselves. It's been almost two weeks since this fiasco started and they may have been meeting with the right people to put something together.
Because in the 2 weeks since - there has been no bill introduced in either the House or Senate. Moreover, the bill would have to be "debated" and then passed in both houses and then signed by Bush. After Bush signs it, it would come into effect after a certain time period.

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mmk123

04-16 07:32 PM

My parents are scheduled to travel on Monday via delta flight to India via Paris. As you all know all European flights are either cancelled or postponed and paris airport is currently closed. Their I-94 date is 19-April.

They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.

What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.

Appreciate your help,
thanks!

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sri1309

11-09 07:34 AM

sure. how about friday evening. say around 7:00? you bring the chips, I'll bring the salsa.

Good one, but no Mr. Hopeful, thats not going to be that easy.

Its quite possible you cannot meet any of them that easily in next few weeks or months. But we can keep writing to many, papers, etc.. Write even Bill Clinton who strong supports the government and others too. and in change.gov-->Agenda-->Immigration to write to BArrack.

waiting4gc

10-24 04:56 PM

Try Rajeev Khanna. He has helped me tremendously overcome false labor denial and has helped answer two of my friend's queries. He is a little expensive but well worth it.

Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
Thanks,

doomdoom

03-17 11:02 AM

Me also got RFE for 485. My priority date is 2006 Aug. Mine was related to medical report. Dr corrected the mistake and replied back.

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