rajesh_kamisetty
04-20 10:26 PM
How about that?
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BharatPremi
07-11 05:56 PM
Hi,
My parents will be here for more than 184 days this year (on visitors vis) and I want to claim them as dependats on my tax return for next year.I searched through some old threads, but the info seems to be outdated.
* Can I claim them as dependants on my tax return?
* Has anybody done this successfuly before?
* What is the deduction amount per person/dependant?
* What is the process? I know they will need an ITIN etc.
Regards
Nick
Yes, You can certainly do that. If it would have been Year 2000 it was very simple but now in year 2007 it's bit tedious. I am Trying to explain as under. And this is not a legal advice just an opinion.
Rule:
-----
More than 180 days stay in USA (You will have to prove that) is a MUST condition for getting ITIN. The key is more than 180 days. It does not tell that stay should be continuous.
How to do it?
------------
1) Have US MULTIPLE ENTRY Visitor visa, generally 6 months visa are
granted. But that is 180 days not more than 180 days. No Problem.. Go to
step 2
2) During first stay of 6 months of stay in USA, get Canadian Vistor visa and
send your parents to Canada on the day before the last day of the
first stay.
3) After some days invite your parents back to USA. This will most probably a
another 6 month grant.
4) Do not call IRS for applying ITIN
5) Search for the bank in your area which requires and processes ITIN
application directly with IRS for the application of opening checking/savings
bank account for the people who do not have social security number. Every state and major city has such kind of
banks. Your regular bank may not be autorized by IRS to apply for ITIN on behalf of its
customer.
6) Go to that bank and tell the manager to open a checking account for
Visitor visa holder and from that point onwards bank will take care of.
7) Wait for 15 to 20 days and you will have your Parents ITINs mailed to you.
8) And in next return you will be able to claim them as dependent.
Note: Guys who did in year 2000 around did not have to take this tedious route. So you mayl get both kind of opinions in this forum. If somebody says just apply to IRS tehn that guy probably might have done it in at least 4 years back. But nowadays you may have to do as I worte. Take the advise from your CPA.
My parents will be here for more than 184 days this year (on visitors vis) and I want to claim them as dependats on my tax return for next year.I searched through some old threads, but the info seems to be outdated.
* Can I claim them as dependants on my tax return?
* Has anybody done this successfuly before?
* What is the deduction amount per person/dependant?
* What is the process? I know they will need an ITIN etc.
Regards
Nick
Yes, You can certainly do that. If it would have been Year 2000 it was very simple but now in year 2007 it's bit tedious. I am Trying to explain as under. And this is not a legal advice just an opinion.
Rule:
-----
More than 180 days stay in USA (You will have to prove that) is a MUST condition for getting ITIN. The key is more than 180 days. It does not tell that stay should be continuous.
How to do it?
------------
1) Have US MULTIPLE ENTRY Visitor visa, generally 6 months visa are
granted. But that is 180 days not more than 180 days. No Problem.. Go to
step 2
2) During first stay of 6 months of stay in USA, get Canadian Vistor visa and
send your parents to Canada on the day before the last day of the
first stay.
3) After some days invite your parents back to USA. This will most probably a
another 6 month grant.
4) Do not call IRS for applying ITIN
5) Search for the bank in your area which requires and processes ITIN
application directly with IRS for the application of opening checking/savings
bank account for the people who do not have social security number. Every state and major city has such kind of
banks. Your regular bank may not be autorized by IRS to apply for ITIN on behalf of its
customer.
6) Go to that bank and tell the manager to open a checking account for
Visitor visa holder and from that point onwards bank will take care of.
7) Wait for 15 to 20 days and you will have your Parents ITINs mailed to you.
8) And in next return you will be able to claim them as dependent.
Note: Guys who did in year 2000 around did not have to take this tedious route. So you mayl get both kind of opinions in this forum. If somebody says just apply to IRS tehn that guy probably might have done it in at least 4 years back. But nowadays you may have to do as I worte. Take the advise from your CPA.
immique
07-16 12:18 AM
This is exactly what I said in my previous posts. EB2 India may become unavailable towards the end of September as most of the visas will be used in August itself and we will see a flood of approvals starting August 1st itself. I think most of the approvable cases are already processed by USCIS after it gave the data to DOS on July 8th. I think most of the straight forward and less complicated cases during 2004 - 2006 period will be approved soon.
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
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amitjoey
03-31 04:15 PM
Done
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jkamel5
07-10 08:38 PM
Thanks for your amazing help.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
bb20078
10-04 10:07 AM
I e-filed my AP recently.
I then sent my supporting documents to the address they gave. The interesting thing is that they actually give in the address - e-filed 1-131. This presumably passed the intial mailroom stuff.
I also got my receipt number instantly and the notice is mailed to me. It can also be tracked online.
Now I wait to see whether e-filing is quicker or not. Maybe not, the only thing I can say is that I got my receipt !
I then sent my supporting documents to the address they gave. The interesting thing is that they actually give in the address - e-filed 1-131. This presumably passed the intial mailroom stuff.
I also got my receipt number instantly and the notice is mailed to me. It can also be tracked online.
Now I wait to see whether e-filing is quicker or not. Maybe not, the only thing I can say is that I got my receipt !
more...
dixie
04-13 09:01 PM
But in not "voting with our feet" we are part of the problem. Just imagine, if a substantial fraction of H1 visa holders left the US tomorrow (and quoted the backlogs as the cause) wouldn't that get more attention than all our efforts so far?
You are dead right .. but a bigger contributing factor is the fact that a vast majority of GC applicants come from a small number of highly populated labor-surplus countries, with a virtually infinite stream of young people itching to land here even if we go back ... the demand from our home countries is as big an issue as our reluctance to go back. Thats why you see corporates lobbying heavily for H1-B visas, but not as much for EBs.Simple supply and demand.
But, this game isnt going to go on forever. Those people who want to come here are not idiots. The prime reason so many students and skilled workers choose to come here rather some other developed country is because of the possibility of settling here .. when this turns out to be a mirage and word spreads about our plight, the trend will reverse dramatically. The only question is how soon .. we are definitely in a position to accelerate that.
You are dead right .. but a bigger contributing factor is the fact that a vast majority of GC applicants come from a small number of highly populated labor-surplus countries, with a virtually infinite stream of young people itching to land here even if we go back ... the demand from our home countries is as big an issue as our reluctance to go back. Thats why you see corporates lobbying heavily for H1-B visas, but not as much for EBs.Simple supply and demand.
But, this game isnt going to go on forever. Those people who want to come here are not idiots. The prime reason so many students and skilled workers choose to come here rather some other developed country is because of the possibility of settling here .. when this turns out to be a mirage and word spreads about our plight, the trend will reverse dramatically. The only question is how soon .. we are definitely in a position to accelerate that.
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thomachan72
08-17 12:34 PM
EB2 or EB3?
Was there any audit for the perm (regular/random audits or otherwise?)?
Was the 140 done under premium processing?
Was there any audit for the perm (regular/random audits or otherwise?)?
Was the 140 done under premium processing?
more...
qplearn
10-23 03:33 PM
The name check takes 2 years anyway, making a mockery of fast processing times. Even VSC, which is the slowest, takes less than 2 yrs for 485.
Wait a minute; I thought the name check is part of the I485 approval (and for those who file I-140 and I-485 concurrently, part of the I-140 approval). It wouldn't make any sense if the I-485 is approved and they are still checking the identity.
Also, the thread has been quiet due to lack of hope regarding the speed of processing centers (Wata, I am with you on the Nebraska one) and the unreliability of promises for improvements.
No; the 485 approval and name check are two different things. Even after 485 is approved and your PD is current, you don't get the GC until the name check is cleared.
Wait a minute; I thought the name check is part of the I485 approval (and for those who file I-140 and I-485 concurrently, part of the I-140 approval). It wouldn't make any sense if the I-485 is approved and they are still checking the identity.
Also, the thread has been quiet due to lack of hope regarding the speed of processing centers (Wata, I am with you on the Nebraska one) and the unreliability of promises for improvements.
No; the 485 approval and name check are two different things. Even after 485 is approved and your PD is current, you don't get the GC until the name check is cleared.
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admin
05-24 03:28 PM
Latest Update - We have reached our target of 400 faxes. No need to send this fax any longer. We have turned it off now.
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desi3933
09-25 10:52 AM
Approved EB2 I140 revoked - AMIE/AMIETE
Link (http://immigrationvoice.org/forum/showthread.php?t=19044)
Link (http://immigrationvoice.org/forum/showthread.php?t=19044)
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ImmiUser
07-12 11:47 PM
lol...nice one
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bigboy007
11-21 01:59 AM
there is no "Permanent" Job in us, I assume you are now atleast 5 years old or having masters degree... we already have these in place...
Why a asylee or gc lottery guy should be hired before a skilled person and he is not comparing apples to apples... no country limits and elimate backlog by recap anything else is waste of time ...
Why a asylee or gc lottery guy should be hired before a skilled person and he is not comparing apples to apples... no country limits and elimate backlog by recap anything else is waste of time ...
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visshy
09-01 01:04 PM
My wife's ead expires on 10/02/2010 and we applied for renewal first week of july 2010. Notice date is 16th July 2010. On august 25th wife faxed documents requesting to expedite her ead based on the fact that she wld lose her job and health insurance otherwise.
We also requested a letter from the congressman to help expedite and his office sent a letter to the uscis director 2 days ago saying that my wife thinks that its past processing time. We had clearly stated in the letter addressed to congressman that expedite request is based on the fact that she wld lose employment if not expedited on time. We did not expect this kind of reply from congressman office...
Can my wife's expedite request be denied because of the congressman's letter? What can we do now to assure that her ead renewal is expedited? She is expecting and is in the last trimester. We have insurance thro her employer which will be gone if ead not renewed on time.
Any positive suggestions please?
We also requested a letter from the congressman to help expedite and his office sent a letter to the uscis director 2 days ago saying that my wife thinks that its past processing time. We had clearly stated in the letter addressed to congressman that expedite request is based on the fact that she wld lose employment if not expedited on time. We did not expect this kind of reply from congressman office...
Can my wife's expedite request be denied because of the congressman's letter? What can we do now to assure that her ead renewal is expedited? She is expecting and is in the last trimester. We have insurance thro her employer which will be gone if ead not renewed on time.
Any positive suggestions please?
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anandrajesh
02-04 10:03 PM
I went to stamping last october and the VO was very cool. He just wanted to know whether there is EB petition pending onmy name (7th Yr H1B). Didnt bother to ask anything else.
The common thought is they give a hard time to first timers, if you are going for re-stamping they dont bother to ask many questions. You shld be ok, good luck.
The common thought is they give a hard time to first timers, if you are going for re-stamping they dont bother to ask many questions. You shld be ok, good luck.
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glus
10-03 12:32 PM
Hi,
I had my FP taken at 9:30AM today. I just checked, and my I485 has a LUD today; immediately after FP were taken. So they did update my case almost immediately after taking FPs.
Regards,
I had my FP taken at 9:30AM today. I just checked, and my I485 has a LUD today; immediately after FP were taken. So they did update my case almost immediately after taking FPs.
Regards,
more...
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03-09 09:02 PM
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nogc_noproblem
07-16 12:20 AM
Correction: July 17th 2007 & July 28th 2007 - Please correct it.
Could not understand what you mean by 'these 485s are still unadjudicated'. Of-course yes, that's why the dates are moved further so that they can get adjudicated.
Again 'Once they get adjudicated there would be retrogression' what do you mean? If they all get adjudicated then what is the reason of retrogression again? Am I missing something here? May be we can take it like this, depending upon the volume of the approvals, the dates will go back, higher the approvals, lesser the retrogression.
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
Could not understand what you mean by 'these 485s are still unadjudicated'. Of-course yes, that's why the dates are moved further so that they can get adjudicated.
Again 'Once they get adjudicated there would be retrogression' what do you mean? If they all get adjudicated then what is the reason of retrogression again? Am I missing something here? May be we can take it like this, depending upon the volume of the approvals, the dates will go back, higher the approvals, lesser the retrogression.
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
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rajuram
11-12 09:48 PM
Canada is a great country, I am sure there are plenty of good trash cans all around the country, surely they can hold a small litte I94.
Or how about getting your I 94 framed and selling it on ebay?
Relax..............have a great future in Canada...
Or how about getting your I 94 framed and selling it on ebay?
Relax..............have a great future in Canada...
centaur
02-19 12:51 PM
Exactly. Whats the relevance of this thread here, I fail to understand.
When i get my GC in 2023, this will help me a lot ;)
When i get my GC in 2023, this will help me a lot ;)
chanduv23
06-16 03:50 PM
eb3nepa & srikondoji, it is not just non Indians that not standup, there are close to quarter millions Indians in the queue who follow immigration news and who want things work but just do not want to standup. It could either be "fear" or "no care" attitude. It is true with immigrants from other countries too. Immigrants from all countries have a hidden fear, as it is not their country but a country they want to immigrate to and do not want to do anything that displeases the country. It is factual. Very few people actually have the guts to question.