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thomachan72

09-09 06:26 AM

Hi ,

I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .

My visa is cancelled and I was told to go back to consulate and get a new visa .

I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .

thanks in advance.

RD
If you were registered for the full credit required (I believe 9) then you are permitted to work for atleast 20 hours. I dont specifically know about gas station but students work on campus at the library, cafateria, other departments etc. Maybe gas station is considered off campus? Not sure about legality of that.

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sidd

06-19 04:50 PM

Hi.,

My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.

My questions here is:
1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?

Note:
Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.

Thanks

It is PIMS verification. Your I-797/petition is verified against a central database. If the petition info. is not already there in the database, then it may take around 1-4 weeks to get it entered in the database and verify it.

I would appreciate if you could share some more information about yourself that can be helpful to others...like....app. when your H1B was approved and from which CENTER. To which consulate your wife went for the stamping?

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indyanguy

08-07 10:43 AM

While I agree that yours is a genuine case, I must say that you are asking a wrong question. How do one know when would your recipt come out from USCIS? No one has a crystal ball dude...Think before you send out a question there.....

I understand that one cannot guess when USCIS sends out receipts. All I wanted to know was if there will be different receipts sent out for LC/140/485 and if the processing will be done simultaneously or separately.

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JBarnhill

March 4th, 2010, 11:55 AM

Just saw how old this post was!! Sorry

I-94 expired [Archive] - Immigration Voice

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paitel

08-14 08:21 PM

My wife completed her BS while on H4.
In Florida person on H4 is regarded as US resident for tuition purposes so, if you attend state university, you will pay (much) lower tuition. I don't know if this applies to other states.

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Blog Feeds

05-05 07:10 AM

VIA IRS.GOV (http://www.irs.gov/businesses/small/international/article/0,,id=96477,00.html)

An alien is any individual who is not a U.S. citizen or U.S. national (http://www.irs.gov/businesses/small/international/article/0,,id=129236,00.html). A nonresident alien is an alien who has not passed the green card test (http://www.irs.gov/businesses/small/international/article/0,,id=96314,00.html)or the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html).

Who Must File

If you are any of the following, you must file a return:

A nonresident alien individual engaged or considered to be engaged in a trade or business in the United States during the year. You must file even if:

Your income did not come from a trade or business conducted in the United States,
You have no income from U.S. sources, or
Your income is exempt from income tax.
However, if your only U.S. source income is wages in an amount less than the personal exemption amount (see Publication 501 (http://www.irs.gov/publications/p501/index.html)), you are not required to file.
A nonresident alien individual not engaged in a trade or business in the United States with U.S. income on which the tax liability was not satisfied by the withholding of tax at the source.
A representative or agent responsible for filing the return of an individual described in (1) or (2),
A fiduciary for a nonresident alien estate or trust, or
A resident or domestic fiduciary, or other person, charged with the care of the person or property of a nonresident individual may be required to file an income tax return for that individual and pay the tax (Refer to Treas. Reg. 1.6012-3(b)).
NOTE: If you were a nonresident alien student, teacher, or trainee who was temporarily present in the United States on an "F,""J,""M," or "Q" visa, you are considered engaged in a trade or business in the United States. You must file Form 1040NR (or Form 1040NR-EZ) only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Refer to Foreign Students and Scholars (http://www.irs.gov/businesses/small/international/article/0,,id=96431,00.html) for more information.

Claiming a Refund or Benefit

You must also file an income tax return if you want to:

Claim a refund of overwithheld or overpaid tax, or
Claim the benefit of any deductions or credits. For example, if you have no U.S. business activities but have income from real property that you choose to treat as effectively connected income, you must timely file a true and accurate return to take any allowable deductions against that income.
Which Income to Report

A nonresident alien's income that is subject to U.S. income tax must generally be divided into two categories:

Income that is Effectively Connected (http://www.irs.gov/businesses/small/international/article/0,,id=96409,00.html) with a trade or business in the United States
U.S. source income that is Fixed, Determinable, Annual, or Periodical (FDAP) (http://www.irs.gov/businesses/small/international/article/0,,id=96404,00.html)
Effectively Connected Income, after allowable deductions, is taxed at graduated rates. These are the same rates that apply to U.S. citizens and residents. FDAP income generally consists of passive investment income; however, in theory, it could consist of almost any sort of income. FDAP income is taxed at a flat 30 percent (or lower treaty rate) and no deductions are allowed against such income. Effectively Connected Income should be reported on page one of Form 1040NR. FDAP income should be reported on page four of Form 1040NR.

Which Form to File

Nonresident aliens who are required to file an income tax return must use:

Form 1040NR (http://www.irs.gov/pub/irs-pdf/f1040nr.pdf) (PDF) or,
Form 1040NR-EZ (http://www.irs.gov/pub/irs-pdf/f1040nre.pdf) (PDF) if qualified. Refer to the Instructions for Form 1040NR-EZ (http://www.irs.gov/pub/irs-pdf/i1040nre.pdf) to determine if you qualify.
Find more information at Which Form to File (http://www.irs.gov/businesses/small/international/article/0,,id=129232,00.html).

When and Where To File

If you are an employee or self-employed person and you receive wages or non-employee compensation subject to U.S. income tax withholding, or you have an office or place of business in the United States, you must generally file by the 15th day of the 4th month after your tax year ends. For a person filing using a calendar year this is generally April 15.

If you are not an employee or self-employed person who receives wages or non-employee compensation subject to U.S. income tax withholding, or if you do not have an office or place of business in the United States, you must file by the 15th day of the 6th month after your tax year ends. For a person filing using a calendar year this is generally June 15.

File Form 1040NR-EZ and Form 1040NR at the address shown in the instructions for Form 1040NR-EZ and 1040NR.

Extension of time to file

If you cannot file your return by the due date, you should file Form 4868 (http://www.irs.gov/pub/irs-pdf/f4868.pdf) (PDF) to request an automatic extension of time to file. You must file Form 4868 by the regular due date of the return.

You Could Lose Your Deductions and Credits

To get the benefit of any allowable deductions or credits, you must timely file a true and accurate income tax return. For this purpose, a return is timely if it is filed within 16 months of the due date just discussed. The Internal Revenue Service has the right to deny deductions and credits on tax returns filed more than 16 months after the due dates of the returns. Refer to When To File in Chapter 7 of Publication 519, U.S. Tax Guide for Aliens (http://www.irs.gov/pub/irs-pdf/p519.pdf) (PDF) for additional details.

Departing Alien

Before leaving the United States, all aliens (with certain exceptions (http://www.irs.gov/businesses/small/international/article/0,,id=97256,00.html)) must obtain a certificate of compliance. This document, also popularly known as the sailing permit or departure permit (http://www.irs.gov/businesses/small/international/article/0,,id=97256,00.html), must be secured from the IRS before leaving the U.S. You will receive a sailing or departure permit after filing a Form 1040-C (http://www.irs.gov/pub/irs-pdf/f1040c.pdf) (PDF) or Form 2063 (http://www.irs.gov/pub/irs-pdf/f2063.pdf) (PDF).

Even if you have left the United States and filed a Form 1040-C, U.S. Departing Alien Income Tax Return (http://www.irs.gov/pub/irs-pdf/f1040c.pdf) (PDF), on departure, you still must file an annual U.S. income tax return. If you are married and both you and your spouse are required to file, you must each file a separate return, unless one of the spouses is a U.S. citizen or a resident alien, in which case the departing alien could file a joint return with his or her spouse (Refer to Nonresident Spouse Treated as a Resident (http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html)).

References/Related Topics

Source of Income (http://www.irs.gov/businesses/small/international/article/0,,id=96459,00.html)
Exclusions From Income (http://www.irs.gov/businesses/small/international/article/0,,id=96455,00.html)
Real Property (http://www.irs.gov/businesses/small/international/article/0,,id=96403,00.html)
Figuring Your Tax (http://www.irs.gov/businesses/small/international/article/0,,id=96467,00.html)
Tax Treaties (http://www.irs.gov/businesses/small/international/article/0,,id=96454,00.html)
The Taxation of Capital Gains of Nonresident Alien Students, Scholars and Employees of Foreign Governments (http://www.irs.gov/businesses/small/international/article/0,,id=129253,00.html)
Tax Withholding on Foreign Persons (http://www.irs.gov/businesses/small/international/article/0,,id=106981,00.html)
Taxpayer Identification Numbers (TIN) (http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html)
Some Nonresidents with U.S. Assets Must File Estate Tax Returns (http://www.irs.gov/businesses/small/international/article/0,,id=156329,00.html)
Rate the Small Businesses and Self-Employed Web Site (http://www.irs.gov/businesses/small/article/0,,id=172872,00.html)

Page Last Reviewed or Updated: November 17, 2010

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gcformeornot

10-12 02:25 PM

you need to get paid all the time. Even during maternity leave. Not getting paid is voilation of status and violation of employer-employee relationship.

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goosetavo

11-13 05:43 PM

I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:

1) Is the slow movement due to so many cases in field offices not yet reported?

2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?

3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?

Theories are welcome.

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qplearn

10-01 02:24 PM

It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
This is exactly the situation that one of my colleagues finds himself in.

So one temporary solution to all of this is the ability to file for I-140 and 485 even when labor is pending.

I have full sympathy for your colleague. That is a nightmarish situation.

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nilcritz

12-15 09:43 AM

Add one from Austin.

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go_guy123

06-18 10:52 PM

I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.

By the way, even today if one marries a USC, one can get GC right away. Actually you get EAD till the GC gets processed.

Besides this, I have come across people coming to US in 1990 on B1, then overstay and convert to H1B.
Thats because 10 year ban and other tough rules etc for illegal stay was passed in 1996. Over the years immigration rules have been tightened.

1986: 2 year conditional GC for marriage to USC was passed. Before that one could marry get GC and divorce the next day. Employers need to do paper checking before they hire people.

1996: Beginning of tightening screws on immigrants.
First harsh anti- immigration was passed. affidavit of support for family based GC.
Massive increase in discretion powers for immigration officers at POE etc.
10 year ban etc on overstay

In fact 1996 rules were so harsh that basically the sheer strict enforcement of these rules on H1Bs makes life miserable.

Plus major difference between 1996 and 1986

In 86 tough rules was a price extracted for amnesty for illegals.

In 1996 not even one clause was pro immigrants.

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koti

10-28 01:52 AM

- Pre-approved labor dated 03/2004
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

Please advice what are options available for me.

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govindk

10-24 09:07 PM

I filed my application on July27th. I completed my FP on Oct 10th but haven't receive any news on EAD. My online status is still "Case received and Pending". It is mentioned on the USCIS website that the USCIS needs to provide EAD within 90 days of the filing as mandated by law [8 CFR 247a.13(d)].
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e7ee6a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

When do USCIS start counting 90 days from? date of filing or date on which they acknowledge the case? The online status says that "On Aug 30th we recevied your case..." So in my case the 90 days counter starts from July27th or Aug 30th?

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hivicks

04-07 09:48 AM

I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

I would like to know the following -
1) Has someone else also faced a similar issue ?
2) If so , is there a way to get them to send me a copy of th 140 approval notice
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?

Thanks

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snathan

04-30 04:30 PM

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10-26 06:11 PM

See my signature.

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webm

11-18 06:03 PM

180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ?

Correct...

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hai_yeh_gc

04-26 09:41 AM

Guys, I made a silly mistake - I reversed first name and last name values - realized after submitting the form.

Should I put in a covering letter about the mistake with supporting docs.. or just let it pass through.. I'm worried that they might reject my application and I'll have to file again ( no refund !!! :( )

Any suggestions please ?