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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

Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?

Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.

frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.

Is it safe? Absolutely not. If your AP is denied, then there is no way of coming back. You would have travelled without a travel document to return with, and there is no way of applying for one from outside the country. In effect, you would have abandoned your application.
In our case, we were pretty sure that we would be issued the travel doc, and we also had a backup plan, where we could still get a visa to return. The travel doc was mainly used to remove the uncertainity of a visa issuance.
If you have no option for getting a visa, then I would not travel without the travel doc.

July 3rd filer....LIN# (though I-140 approved at TSC)

Receipt Date: July 3
Notice Date: October 11
EAD Card: Waiting
No FP notice yet
I-140 approved: TSC
Originating Issuer of I-485 and I-765 : NSC

If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?

As per my knowledge you may be able to change status while remaining in US.. you may do that with Form I539. Check out this form and read through all categories. To make sure consult an attorney.

http://www.uscis.gov/files/form/i-539.pdf

Hello,

I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.

That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?

Thanks for going through my post.

I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?


ImmInfo Newsletter: Required Supporting Documents: Birth Records (http://imminfo.com/News/Newsletter/2010-1/required_supporting_documents_birth_record.html)

Delayed birth certificates are also not considered as conclusive evidence of birth.

Hi Friends,

I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.

I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.

Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.

Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.

My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.

Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.

Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.

Also is it common to have the PD box blank in the 485 receipt notice?

Thanks in Advance!!!!!

Contributed $50 .

Thanks

My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.

So i dont think there's any new rule.

if you have a valid I94 then it should not cause any issue

In this forum you will not find a lot of peoples who won lottery .

but is my personal openion that you can't use your lottery case priority date for your eb3 case?

/\/\

Paul,

You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.

I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.

As a research assistance, biostatistician, research analyst..

Could I apply as EB2 ?
Am I qualifed?

If you are from a non retro country, EB2 will help. Otherwise not really.

To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.

Hi,

I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.

It would be great if I get answer the below my Question:

1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
2. What are the documents needed from employer A, if I want apply I-485?
3. All my friends telling me, I can apply I-485, Is it true?

Tons of Thanks,
Ramkumar

In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.

Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.

Read fine prints very carefully.

According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.

According to CNNMoney: “Home Depot, the No. 1 home improvement retailer, announced Monday that it is shutting down its high-end EXPO business and shrinking its support staff, with both moves resulting in a reduction of 7,000 jobs.”Posted in Retail, US***Tagged: Home Depot layoff*** http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1231&subd=layoffblog&ref=&feed=1

More... (http://layoffblog.com/2009/01/26/home-depot-cutting-7000-jobs/)
http://immigrationvoice.org/forum/showthread.php?t=23346
http://immigrationvoice.org/forum/showthread.php?t=23347


Idiot, why are you creating a thread for each company. you could have mentioned Home Depot, Catterpillar and pfizer in the same thread.

Before creating a thread, you should think that you are eating space and band width of a site which is run by a non - profitable organization.