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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WaldenPond
12-30 02:02 PM
For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
arnet
09-14 07:58 PM
IV: humble request.....please post the conference call date in advance, atleast 2 days, so that many people can attend it.
2011 Tessa James Photos - 52nd TV
abhisam
01-08 12:03 PM
Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
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j751
07-17 03:19 PM
Karanp25 I know where you come from...and honestly seems like you've got a worm up your axx... You deserve to get laid on a block of ice and get your axx whipped....
mchundi
04-10 12:04 PM
For a change I was listening to Rush today. Interestingly he was very neutral about Bush's proposal. He thinks the new proposal is to the conservative's liking, but not sure how this will be implemented. Bush's push is our last hope this year. Nancy Pelosi does not want to take up any immigration bill that is not likely to pass(afraid of failure).
--MC
--MC
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wanaparthy
03-25 01:47 PM
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2010 Tessa, Todd amp; Rebecca
optimist578
01-02 11:11 AM
What is the reason specified by applicants who have their Labor approved but I-140 pending, to extend their H-1 visa beyond the 6-yr limit ?
more...
malibuguy007
10-02 01:05 PM
$250 so far in less than 24 hours. Hoping to do better in the next 24........
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Rinsha
04-03 11:33 PM
Works just fine for me
I'm on a Mac, perhaps that's why I can't see it. It's very strange though. I used to be able to load the DOS site without any problem.
I'm on a Mac, perhaps that's why I can't see it. It's very strange though. I used to be able to load the DOS site without any problem.
more...
cherupally
09-05 11:37 AM
Does anybody has format for Non-availability of Birth Certificate? If yes, can somebody post the format please..
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kondur_007
08-17 11:31 AM
It's a flip of a coin:
1. Some VO cancel your all previous visas when stamping new one. If that happens, of course you can not use any of the previous visas.
2. Some VO are "lazy" to so; if they leave your B1 as it is (and do not cancel it), you can use it in future.
You can not "ask" them to leave your B1 alone (as legally they are required to cancel them). If you raise the questions during stamping, chances are that they "will cancel" it. So best option: Go for stamping and see what happens!
good luck.
1. Some VO cancel your all previous visas when stamping new one. If that happens, of course you can not use any of the previous visas.
2. Some VO are "lazy" to so; if they leave your B1 as it is (and do not cancel it), you can use it in future.
You can not "ask" them to leave your B1 alone (as legally they are required to cancel them). If you raise the questions during stamping, chances are that they "will cancel" it. So best option: Go for stamping and see what happens!
good luck.
more...
house Nicole (Tessa James) is a real
ajay
12-23 08:34 PM
I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.
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srini1976
07-09 08:14 AM
If you havent already seen threads here about how bad the desi employers here in US can be, companies like Satyam, Infosys who are based in India have even worst reputation..they pay indian salaries and expect round the clock work including weekends..and ofcourse no pay..working at McDonalds is probably a better option than these companies...
I had a very bad experience working for one of those companies and many more friends had similar experience.
You are absolutely right my friend. And its certainly a better option to work at McDonalds :)
I had a very bad experience working for one of those companies and many more friends had similar experience.
You are absolutely right my friend. And its certainly a better option to work at McDonalds :)
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pictures Tessa James has got engaged to
Dhundhun
06-14 03:07 PM
Hi Guys,
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
This thread may help you. http://immigrationvoice.org/forum/showthread.php?t=18737
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
This thread may help you. http://immigrationvoice.org/forum/showthread.php?t=18737
dresses (Tessa James, Home and Away)
hpandey
03-04 04:35 PM
Congrats Brother ! Long journey but worth the wait :)
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makeup Tessa James Tessa James poses in the Emirates marquee at the AAMI Victoria
mmk123
10-21 05:26 PM
Bills like this are discussed every time, they come and go, year over year.
Any new bill introduced is asked simple question against it by antis and anti-favored-lobbysts - is it going to give any help for China, India, Mexico, Philipines to start with and all the world except western europe?
If they find even a small thing (which they term conveniently as a "loophole"), then lobbysts suggest simple amendments, or keep delaying the hearing under the disguise of "constructive changes" simply to make sure that above stated stuff doesn't happen.
sorry for being blunt. but looks like that's a reality. They oppose any "rationing" of healthcare but support "rationing" of highly-skilled workers as per their "country of origin". What a hipocracy!
Any new bill introduced is asked simple question against it by antis and anti-favored-lobbysts - is it going to give any help for China, India, Mexico, Philipines to start with and all the world except western europe?
If they find even a small thing (which they term conveniently as a "loophole"), then lobbysts suggest simple amendments, or keep delaying the hearing under the disguise of "constructive changes" simply to make sure that above stated stuff doesn't happen.
sorry for being blunt. but looks like that's a reality. They oppose any "rationing" of healthcare but support "rationing" of highly-skilled workers as per their "country of origin". What a hipocracy!
girlfriend Samara Weaving and Tessa James
uppaji
06-15 12:30 PM
Writing to news papers will definitely makes some impact. I am writing my letter just now.
Uppaji.
Uppaji.
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belmontboy
08-12 10:10 PM
To celebrate the success :D
hurrah!....
..
...
...
wait a min..success of what??
hurrah!....
..
...
...
wait a min..success of what??
thomachan72
10-29 06:46 AM
Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
YesWeWillGet
09-26 09:45 PM
What will be my options to maintain my immigration status in the following scenario:
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
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