trueguy
07-23 12:56 PM
You can apply for ITIN even if your spouse is not in US. I have done it ealrier but the only condition is she shouldhave visited US on dependent visa last year for your to claim?
-Udaya.
My wife never been to US and I am married for 2 years now. I have been filing my return as Single.
Last week I talked to IRS and they said I can apply for her ITIN without her being present in US. The condition of visiting US applied to other dependents and not for the spouse. She has to sign my tax return though that I have to mail it to her and she will mail it back to me with her signature.
Not sure how true is that and I don't know if I should give it a try or not.
Thanks.
-Udaya.
My wife never been to US and I am married for 2 years now. I have been filing my return as Single.
Last week I talked to IRS and they said I can apply for her ITIN without her being present in US. The condition of visiting US applied to other dependents and not for the spouse. She has to sign my tax return though that I have to mail it to her and she will mail it back to me with her signature.
Not sure how true is that and I don't know if I should give it a try or not.
Thanks.
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amitjoey
06-23 05:05 PM
I called and the staff member said, she will pass the message
rklscp
05-21 08:14 PM
Really an interesting issue to talk about. I came to this site via google search. I am in the same boat. I am living in country for 14 years (F1 and now H1) with SSN. My wife never worked here; so she has H4. We have a daughter born here with SSN. We could not get this "stimulus rebate" because we filed "married filing jointly". I understand from IRS site that if you filed "married filing separately" you would get the benefit and you can later on amend your filing as "married filing jointly" (04/14/08). This may be beneficial if you "itemize" your deductions. You will still qualify for excemptions. But, if you do not itemize your deductions, your standard deduction will be halved if you file "married filing separately".
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I would love to a part of any legal battle to raise our concern. Please keep us posted. I plan to check this site regularly. Also, please keep us updated with getting SSN for H4 visa holders.
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I would love to a part of any legal battle to raise our concern. Please keep us posted. I plan to check this site regularly. Also, please keep us updated with getting SSN for H4 visa holders.
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mantric
07-04 04:43 AM
Sure, anything for you.:)
funniest exchange I've read at IV :D:D:D
funniest exchange I've read at IV :D:D:D
more...
needhelp!
02-10 07:19 PM
Could have got more.. but guess what.. one person from this group of friends had already got everyone else's signature and has mailed out 20 letters for me yesterday!! She is a citizen, and I'm so proud to know someone like her.
IneedAllGreen
04-11 01:53 PM
My earlier offered me ticket to my home country when they let me go. They specified in letter that they are offerring this according to the law. But I think its not neccessary to have employer to send termination letter to USCIS. Actually person can request company to stop sending this letter if employer is intend to. This way employer will not going to loose anything.
more...
logiclife
06-22 04:05 PM
When is this bill going to be voted on? I thought it was today but doesn't seem to be.
The debate in the senate begins on Tuesday. Dont know about voting schedule but I guess it has to complete by 29th.
The debate in the senate begins on Tuesday. Dont know about voting schedule but I guess it has to complete by 29th.
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MeraNoAayega
06-10 02:42 PM
obviously... math is the same whether its done by DOS or our experts...:)
Found this information in the current bulletin:
Seems like lot of predictions made by gurus in the other thread might come true.
Employment Fifth: Current
Found this information in the current bulletin:
Seems like lot of predictions made by gurus in the other thread might come true.
Employment Fifth: Current
more...
ItIsNotFunny
03-05 01:13 PM
Based on the reply to this FOIA from Needhelp!, it seems that we have a bigger problem than transparency.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
I think we need to build case with proper arguments and present in front of Ombudsman.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
I think we need to build case with proper arguments and present in front of Ombudsman.
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chanduv23
02-08 03:41 PM
Get copies of your 140 approval and labor filing papers. Look for a job and transfer h1b , you will get 3 years transfer/extension based on yiour approved 140.
Once you settle down in your new job, apply for new Labor in PERM (preferably EB2) , and you can port your earlier priority date.
Once you settle down in your new job, apply for new Labor in PERM (preferably EB2) , and you can port your earlier priority date.
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LostInGCProcess
08-20 11:44 PM
Thank you all very much. Truly appreciate for providing all the necessary web links. Definitely I'd take the extra effort to complain to the Gov. of India and also start knocking on the doors.
Thanks to you all once again.
By the way, I was referring to Embassy of India, Washington DC.
Thanks to you all once again.
By the way, I was referring to Embassy of India, Washington DC.
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WaldenPond
03-23 11:10 AM
Here is an interesting news article about partisan politics and Immigration bill.
Reid threatens filibuster as immigration showdown looms
http://www.mercurynews.com/mld/mercurynews/news/breaking_news/14162755.htm
Reid threatens filibuster as immigration showdown looms
http://www.mercurynews.com/mld/mercurynews/news/breaking_news/14162755.htm
more...
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Totoro
05-06 05:55 PM
Understandable that Economic Stimumus Package is not a federal recuring benefit. However, ITIN holders (H4s) are eligible to claim child tax credit, why not this stiumuls benefit?. They should be given this benefit if they meet residency requirement. One should contact IRS to include ITIN holders to clain this benefit.
The IRS cannot make exceptions, since it is written in the law. However, the Social Security Act does not say that the benefit has to be recurring. I did get a reply today from the SSA. They claim the stimulus payment is a tax rebate, not a benefit. However, it cannot be a tax rebate, since the law was written to allow people with no income to apply for the check. There are even instructions on the IRS website that explain how people with no income can apply for the check. I am in the process of getting the opinion of an attorney. I will update you soon.
One last thing. I recommend that any discussions you have with the SSA be in writing. The SSA manager wanted to discuss this with me over the phone, but I insisted on written correspondence, because that is the only proof you have if this ever goes to litigation. The documents I have gotten so far already contain errors and contradictions that could be helpful in a legal case.
The IRS cannot make exceptions, since it is written in the law. However, the Social Security Act does not say that the benefit has to be recurring. I did get a reply today from the SSA. They claim the stimulus payment is a tax rebate, not a benefit. However, it cannot be a tax rebate, since the law was written to allow people with no income to apply for the check. There are even instructions on the IRS website that explain how people with no income can apply for the check. I am in the process of getting the opinion of an attorney. I will update you soon.
One last thing. I recommend that any discussions you have with the SSA be in writing. The SSA manager wanted to discuss this with me over the phone, but I insisted on written correspondence, because that is the only proof you have if this ever goes to litigation. The documents I have gotten so far already contain errors and contradictions that could be helpful in a legal case.
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gapala
03-20 08:42 PM
I guess nuthing :)
Check this post # 9
http://immigrationvoice.org/forum/showthread.php?t=24470&highlight=transfer
And answer this may be I can learn something from you :)
[COLOR="DarkRed"]
So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the EMP B's petition is approved I lose the approved peition with EMP A ??? COLOR]
In case you missed it, I did answer your question, read the other thread you will find it and I do not want to say "sure you have a lot to learn" not only from me but from others as well on this forum. Lets learn together through these discussions. :)
Check this post # 9
http://immigrationvoice.org/forum/showthread.php?t=24470&highlight=transfer
And answer this may be I can learn something from you :)
[COLOR="DarkRed"]
So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the EMP B's petition is approved I lose the approved peition with EMP A ??? COLOR]
In case you missed it, I did answer your question, read the other thread you will find it and I do not want to say "sure you have a lot to learn" not only from me but from others as well on this forum. Lets learn together through these discussions. :)
more...
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franklin
09-25 03:23 PM
Most countries do not have 9,800 EB applicants every year - in fact, most countries use well under 1,000.
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
Yes, I understand that most countries use nowhere near 9800 per year - its was a hypothetical answer in response to the OPs question.
I still think your estimation that EB3 ROW becoming current in 2 years is on the optimistic side - especially with no change in legislation.
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
Yes, I understand that most countries use nowhere near 9800 per year - its was a hypothetical answer in response to the OPs question.
I still think your estimation that EB3 ROW becoming current in 2 years is on the optimistic side - especially with no change in legislation.
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javaconsultant
04-08 02:52 AM
I am on 8th year H-1B extension and my labor certification application
is pending at PBEC for 4 years..
Got Laid off....from my current employer...What are my options ?
a) Can I get an H-1B from another employer and apply thru PERM.
b) If I apply thru PERM from another employer B and my labor is approved from my current employer A(the one that laid me off)...can I apply I-140 from the employer A ?
Guys...Pls let me know you thoughts ...It is very critical for me...
Thanks.
is pending at PBEC for 4 years..
Got Laid off....from my current employer...What are my options ?
a) Can I get an H-1B from another employer and apply thru PERM.
b) If I apply thru PERM from another employer B and my labor is approved from my current employer A(the one that laid me off)...can I apply I-140 from the employer A ?
Guys...Pls let me know you thoughts ...It is very critical for me...
Thanks.
more...
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brb2
09-27 09:01 AM
Total immigration numbers, not employment. The direct references in the report are:
Figure 3 Page CRS 9.
For the 2005 numbers, I approximated, using Appendix A on page CRS-22, which covered the top 50 countries sending immigrants and that was around 87% of the total.
Sorry - I can't currently access the report you quote your oringinal figures from at the beginning of your quote. Are these numbers of total immigration, or immigration in the highly skilled category?
Figure 3 Page CRS 9.
For the 2005 numbers, I approximated, using Appendix A on page CRS-22, which covered the top 50 countries sending immigrants and that was around 87% of the total.
Sorry - I can't currently access the report you quote your oringinal figures from at the beginning of your quote. Are these numbers of total immigration, or immigration in the highly skilled category?
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delax
07-15 04:26 PM
My numbers are not 100% accurate , but it gives fair sense of the current situation.
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
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insbaby
07-18 11:52 AM
Welcome our new friends to share the green cards.
http://www.informationweek.com/news/management/h1b/showArticle.jhtml?articleID=209100686
http://www.informationweek.com/news/management/h1b/showArticle.jhtml?articleID=209100686
smuggymba
06-16 03:38 PM
Hi, I have a question about PERM labor process. How soon can an employer apply PERM labor certification after hiring an employee?
Anytime, no restriction whatsoever but sometime is need to advertise and do other paper work formality.
Anytime, no restriction whatsoever but sometime is need to advertise and do other paper work formality.
sc3
07-18 01:43 PM
Excellent response. I have been a silent admirer of IV for some time. IV has represented the aspirations of all the EB applicants. people should understand that the US allotment of visas to foreign Nationals is only based on what is fair for the country (US). It does not matter to them to what country the applicant belongs but what matters is the qualifications and their benefit to the advancement of the US. I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover. we have to concentrate our efforts on how we can improve conditions for every body affected by this retroression. efforts aimed at one category and that too one country will almost certainy fail. I am also shocked to see a few EB3 I expressing anger over dates moving for EB2. personally if I see a person from my country getting his visa approved, then I would feel very happy for him even if I am waiting for some time. I know it will be difficult, but atleast spare some joy for your country men and women who are getting some well deserved relief after such a long wait. one of my old friends told me once "if you have a friend from India, don't rely on him to help you, because you will not get much help moreover some people will only try to pull you down, but if you take people from other countries, it is exactly the opposite as they try to help each other in every possible way". I agree that it is very distressing for every one that the dates are retrogressed, but now that EB2 has moved, all of a sudden some people woke up from a deep sleep and started making these arguments that have no legal basis. None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable. I know a lot of people from EB2 protested at this wrong interpretation of the law, but I don't remember anyone ever criticizing IV for not taking up their cause even though we knew all along that spillover from EB1 to EB2 retrogressed countries was the right interpretation of the law. now some people are asking IV to take up an issue that is straight forward illegal as was clearly explained by DOS in a recent bulletin. instead of wasting time and efforts on such futile suggestions, people should concentrate on making some constructive effort along with IV helping every one involved in retrogression.
Ok, firstly, if you are really honest about your feelings, no one is really happy for another unless what the other has done is useful to you. You can wax your eloquence with claims to contrary, but you know it is true. So stop this pretensions.
Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.
How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.
And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.
PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.
Ok, firstly, if you are really honest about your feelings, no one is really happy for another unless what the other has done is useful to you. You can wax your eloquence with claims to contrary, but you know it is true. So stop this pretensions.
Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.
How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.
And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.
PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.
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