jtp_redson
02-18 11:07 PM
Hi,
I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.
The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.
So my question to you guys is
1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?
Any help would be greatly appreciated.
Thanks,
Jay
I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.
The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.
So my question to you guys is
1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?
Any help would be greatly appreciated.
Thanks,
Jay
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jetflyer
03-16 07:29 AM
Thanks for the link, I was reading it and towards the end there was statement
"When filing an MTR all evidence has to be submitted like, filing AC21 letter and record of delivery, proof of 180 days",
to me it looks like filing AC-21 is MUST in case one need to go MTR route rather than optional, could expert or Chanduv23 please clarify?
Please see the link.
http://immigrationvoice.org/forum/blog.php?b=39
"When filing an MTR all evidence has to be submitted like, filing AC21 letter and record of delivery, proof of 180 days",
to me it looks like filing AC-21 is MUST in case one need to go MTR route rather than optional, could expert or Chanduv23 please clarify?
Please see the link.
http://immigrationvoice.org/forum/blog.php?b=39
samrat_bhargava_vihari
06-19 09:05 AM
Folks,
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
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skp71
04-02 11:58 AM
Some good thing is going to happen for EB3 category or not? I hope all the efforts we put are not goin to waste...
more...
fromnaija
06-29 04:57 PM
Thanks fromnaija.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
To reinstate the I-485 you will need to file a MTR - motion to reopen when the I-140 AAO appeal is approved.
There is not ime limit to asking that an earlier PD from an approved I-140 be accorded you when you file a new I-140 as long as the first I-140 is not rescinded for fraud.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
To reinstate the I-485 you will need to file a MTR - motion to reopen when the I-140 AAO appeal is approved.
There is not ime limit to asking that an earlier PD from an approved I-140 be accorded you when you file a new I-140 as long as the first I-140 is not rescinded for fraud.
newbie2020
10-13 02:43 PM
You can count me in...
By the way it makes more sense to meet Senator Arlen Specter since he is also on Senate Judiciary committee...
Committee Members (http://judiciary.senate.gov/about/members.cfm)
By the way it makes more sense to meet Senator Arlen Specter since he is also on Senate Judiciary committee...
Committee Members (http://judiciary.senate.gov/about/members.cfm)
more...
Alabaman
02-11 11:26 AM
this is what i think... i am no expert.
wait until you get ur SSN before you file.
you would have to file 2009 as F1 (so 1040NR) NR meaning non resident.
2010 onwards you file as a resident (for tax purposes) so that means you file regular 1040.
Have you ever filed a tax return before? If so do you havean ITIN (in lieu of SSN)?
wait until you get ur SSN before you file.
you would have to file 2009 as F1 (so 1040NR) NR meaning non resident.
2010 onwards you file as a resident (for tax purposes) so that means you file regular 1040.
Have you ever filed a tax return before? If so do you havean ITIN (in lieu of SSN)?
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bos_guy
08-05 11:18 AM
Thanks frostrated. When I said CPT I actually meant STEM Extension (17 month). Anyways, if I don't find employment before my OPT expires, can I go to back to school without an issue? I think I should be okay but I just wanted to make sure. I would appreciate it if I got any input on this matter. I need to double check myself to make sure I'm on a legal status
more...
sunny1000
07-05 01:30 AM
My mother-in-law is on a visitor visa. She is supposed to go to india in 10 days. But she had a medical emergency and had a surgery this week. She cannot travel to india right now, as she needs rest after surgery. Can we apply visitor visa extension on medical grounds or is it safe to apply for extension on tourism/visiting grounds, Please advise.
Yes you can. Please explain to USCIS about the surgery and they will give the extension.
Yes you can. Please explain to USCIS about the surgery and they will give the extension.
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SpookyH1Alien
10-24 03:13 PM
Hi,
I have my I140 approved from a reputed company. My priority date is Nov 30th 2007. I have not been able to file I485 because of the priority date not being current. I am planning to move back to India next year. In the future, if I do wish to come back through family based immigration because my brother is a US citizen, will I be able to use the Nov 30th 2007 priority date toward my family based immigration case.
Thanks in advance.
I have my I140 approved from a reputed company. My priority date is Nov 30th 2007. I have not been able to file I485 because of the priority date not being current. I am planning to move back to India next year. In the future, if I do wish to come back through family based immigration because my brother is a US citizen, will I be able to use the Nov 30th 2007 priority date toward my family based immigration case.
Thanks in advance.
more...
smuggymba
05-12 09:38 PM
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
not sure if I understand your question correctly.
not sure if I understand your question correctly.
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purgan
12-20 04:38 PM
good job, pribh das. keep it up!
more...
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mkr_s05
03-26 11:30 PM
Mine is a labor substitution filing and 140 is filed in TSC in April-2007. This case is transferred from TSC to NSC in Nov-2007. There are no LUDs after that. I have seen similar cases transferrred in November. Did anyone receive an approval/LUD in such cases ?
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mrajatish
09-14 08:45 AM
1. Will your company keep your 140 alive? Meaning, will they withdraw it - I know a lot has been said about 140 PD being yours once approved and blah blah, but no one seems to report that they have successfully ported their 140 date to a new 140 application. This is strange but true. So I will make it doubly sure with my company.
2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company
Rest should be ok.
2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company
Rest should be ok.
more...
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saps
11-21 01:27 PM
She will get her EAD even if your priority date retrogresses in the next visa bulletin.
As far as I know, you don't neccessarily need to file EAD with your I-485. Once your I-485 is pending, you can file EAD anytime after that(irrespective of PD movement) but its always better to file them together.
Someone please correct me if I am wrong.
As far as I know, you don't neccessarily need to file EAD with your I-485. Once your I-485 is pending, you can file EAD anytime after that(irrespective of PD movement) but its always better to file them together.
Someone please correct me if I am wrong.
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admin
04-06 10:51 AM
I'm deleting the original text of this post since it is causing confusion: Only Hagel Martinez Provisions Being Considered, Not Oct 05 Hagel Bill.
I've started getting phone calls, and emails on this.
Please find a definitive source before posting any facts and figures in the next few days. There are likely to be a lot of rumors and theories flying around.
I've started getting phone calls, and emails on this.
Please find a definitive source before posting any facts and figures in the next few days. There are likely to be a lot of rumors and theories flying around.
more...
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NolaIndian32
02-15 07:21 PM
If the labor cert has been filed, approved and the I-140 has been filed, I think you can file for an extension of the H1-b. I was advised the same by my attorney, but by the time we filed for the extention, my I-140 was also approved (rather quickly).
You should contact your immigration attorney right away.
You should contact your immigration attorney right away.
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thankgod
05-13 09:39 AM
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
Green card application sis always for future employment.
Happily you can use your 140 and Priority date. No problem.Everything is under control.
Green card application sis always for future employment.
Happily you can use your 140 and Priority date. No problem.Everything is under control.
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pvadduri
01-25 11:17 AM
I am one of the unfortunate few who could not cash in on the July/Aug 2007 opportunity to file I-485 due to my Law Firm's mistake. Here are the details of my case:
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
GCKaIntezar
01-15 03:08 PM
Thanks for setting this up Anurakt. I'll be calling-in.
kirupa
02-24 03:35 AM
Hi Sam!
I am not too familiar with ASPX and Silverlight, but I'll take a shot at this!
Are you using the Silverlight control that is found in ASPX to insert your silverlight content?
Thanks,
Kirupa
I am not too familiar with ASPX and Silverlight, but I'll take a shot at this!
Are you using the Silverlight control that is found in ASPX to insert your silverlight content?
Thanks,
Kirupa
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