kondur_007
09-15 11:17 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
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illinois_alum
08-11 03:25 PM
Thanks for your prompt reply.
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
If you don't have a valid I-94 then you could add your AP expiration date as the validity date
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
If you don't have a valid I-94 then you could add your AP expiration date as the validity date
vikramy
10-07 02:42 PM
You are in AOS status now. need to file New I9 as all said.
You can always file new H1 (Not in quota but not extension) using your approved 140. So that can be done.
Talk to your lawyer
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You can always file new H1 (Not in quota but not extension) using your approved 140. So that can be done.
Talk to your lawyer
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
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Bimmer740i
07-21 09:54 PM
Yes you can.
My previous H-1B expired on 06/17 and I applied my AOS on July 2nd. After I sent the AOS, I got my H-1B approved for 3 years. My lawyer told me that they will have to send it in the future if there is an RFE.
My previous H-1B expired on 06/17 and I applied my AOS on July 2nd. After I sent the AOS, I got my H-1B approved for 3 years. My lawyer told me that they will have to send it in the future if there is an RFE.
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crystal
07-07 10:34 PM
We already have two threads running on top for this . So more ppl can be informed... Its not spamming.. ;)
GCard_Dream
09-10 12:54 PM
The only difference is reasons for Earthquakes and Shooting stars can be logically and scientifically explained but there is absolutely no logical explanation for USCIS's actions. Big difference. God help us all. :( :confused:
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
more...
wheretogo
11-28 01:35 PM
On Monday (11/27) I got EAD card. There was wrong in "from valid Date"
My Current EAD expires on Feb 27th 2007 and I received New EAD Valid from 11/28/2007 to 11/27/2008.
- I called Customer service First time they have told me to resend I-765, Original EAD and letter telling, what is wrong.
- Second time when I called customer service and explain issue, She transferred me to Immigration office. I got Immigration officer from Los Angles and He told me same thing to re-send all documents again without Fee
- Third time, I called VSC and talk to officer and he look my case and realized the mistake and told me , he will take care and send me new EAD card with proper validate date but when I asked me case number or reference number, he told me that you have to wait for 30 day to get new card.
- I also took InfoPass appointment tomorrow and see what local INS office suggest me.
- Tomorrow I am going to call Vermount centre and discuss and then send I-765 forms , Original EAD and letter explaining the issue.
My Current EAD expires on Feb 27th 2007 and I received New EAD Valid from 11/28/2007 to 11/27/2008.
- I called Customer service First time they have told me to resend I-765, Original EAD and letter telling, what is wrong.
- Second time when I called customer service and explain issue, She transferred me to Immigration office. I got Immigration officer from Los Angles and He told me same thing to re-send all documents again without Fee
- Third time, I called VSC and talk to officer and he look my case and realized the mistake and told me , he will take care and send me new EAD card with proper validate date but when I asked me case number or reference number, he told me that you have to wait for 30 day to get new card.
- I also took InfoPass appointment tomorrow and see what local INS office suggest me.
- Tomorrow I am going to call Vermount centre and discuss and then send I-765 forms , Original EAD and letter explaining the issue.
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yestogc
05-21 12:02 AM
This debate is very old one and no one talks about the refinement of EB GC process
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ronhira
10-11 07:41 PM
poorslumdog is tunnel rat
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pappu
09-03 08:29 AM
Any updates or idea on what happened on August 31st senate judiciary meeting on SKIL bill? PLease let us know IV members.
http://immigrationvoice.org/forum/showthread.php?t=1566&page=2
pls. also send webfaxes if you have not sent one
http://www.immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
http://immigrationvoice.org/forum/showthread.php?t=1566&page=2
pls. also send webfaxes if you have not sent one
http://www.immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
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aniraj
08-02 01:26 PM
Thanks a lot
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sunnymit
02-17 04:19 PM
Where does one get this document that you have posted here?
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honeyB
01-23 04:21 PM
bump
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narendra_modi
03-04 10:07 PM
i smoke GANZA..pl. mind your business..
Bidi, I guess.
Bidi, I guess.
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srikondoji
07-27 03:26 PM
What you said is true.
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
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pankaj_singal
11-18 11:04 PM
This is a situation with my friend that I am posting under my name...
Questions are mostly related to regarding EAD situation
1. My friend is on H1 and have EAD (June'07 filer) for both him and his spouse... his spouse (secondary aplicant) is currently working on her EAD.. If his company lays him off... Would his wife have any effect on her employment?
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment? If he goes to India on AP.. for how long could he go?
4. Could he take up any job and keep switching till priority date becomes current? Also what happens if and when priority date becomes current?
Thanks.
Questions are mostly related to regarding EAD situation
1. My friend is on H1 and have EAD (June'07 filer) for both him and his spouse... his spouse (secondary aplicant) is currently working on her EAD.. If his company lays him off... Would his wife have any effect on her employment?
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment? If he goes to India on AP.. for how long could he go?
4. Could he take up any job and keep switching till priority date becomes current? Also what happens if and when priority date becomes current?
Thanks.
more...
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mbartosik
01-30 08:41 PM
Yes this looks bad, and what we're trying to do with MI will be stomped on to a large extent by this.
The key problem is that it assumes that DHS SAVE system is up to date, and we know how far USCIS gets with data entry.
Also licenses to be marked as temporary.
The key problem is that it assumes that DHS SAVE system is up to date, and we know how far USCIS gets with data entry.
Also licenses to be marked as temporary.
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eb3_nepa
07-18 10:28 AM
^^
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ilikekilo
07-18 10:39 AM
This is the website to check labor status at the BEC.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
very sorry to eahr that.....did urs get approved yet
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
very sorry to eahr that.....did urs get approved yet
apoojo
08-24 02:01 AM
Thanks for the reply, hibworker.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
samcam
10-24 01:54 PM
Ramba,
Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.
I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.
Thanks guys!
-samcam
Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.
Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.
I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.
Thanks guys!
-samcam
Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.
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