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    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



    More... (http://ashwinsharma.com/2011/04/13/taxation-of-nonresident-aliens.aspx?ref=rss)





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  • illinois_alum
    09-02 04:40 PM
    How long did it take them to send the SR response? When did u open the SR? Thanks in advance...

    I think this is a standard response...saw it on some other post as well...





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  • 485Mbe4001
    11-18 07:28 PM
    I would suggest trying for EB2 if possible. Due to the recent change in the visa allocation from vertical to horizontal most of the countries in EB 3 will be affected and movement will be slow. I dont know the number of applicants from Russia but dont expect any additional visa due to spillover. We have an applicant from Russia in our company, he applied in Eb2 and received his GC in 2 and a half years. Most of the EB3s are still rotting waiting for 4-6yrs.

    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?

    2. How long does it take if to process it using EB2? I am from Russia.

    3. Is it possible to switch to EB2 somehow?

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    5. At what step of GC processing can I change a compamy that I work for?

    Thank you
    Michael





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  • senthil1
    06-26 02:30 PM
    My view is immigration intent part will not impact much. Just it is giving more power to consulate. Consulate may reject some candidates who are not having strong job offers. It is similar to F1 visa. But nowadays F1 visa rejections are very less compared to past

    Could you please point out the section where it says dual intent for H1 will be removed ?



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  • Jaime
    09-05 05:24 PM
    Assuming that he is not struck in the name check which is very likely if one has a very common first name or last name

    True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+





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  • acecupid
    06-18 10:02 PM
    Lol.. thats funny!:D



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  • agiridhar
    01-28 02:07 PM
    from dallas.





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  • Green.Tech
    09-17 12:02 PM
    if you can find such a company...nothing like it!

    but how many have such flexible policies..;-)

    I agree! Not many firms out there that are flexible in this case.



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  • pa_arora
    02-10 06:32 PM
    The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
    These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
    Good analysis.. but whatever it is - every drop counts. ;-)





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  • Since1997
    08-13 11:32 AM
    By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ? Thanks! Yes, I think the status is for individual applications only - as far as I know.

    If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....

    Anyway TSC is far betther than NSC....



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  • spulavarthi
    08-27 02:55 PM
    2 weeks back we rec'd 2 yr EAD renewal expiring August 2010 TSC, current EAD expired 08/20/2008.

    EB2 - I
    PD : Feb 2006
    I-140 approved Nov 2006.





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  • GCFROMOHIO
    05-04 10:39 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks



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  • finimits
    05-02 11:38 AM
    Hello Everyone!

    I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.

    My information:
    ----------------------
    Citizen of India.
    Priority Data: March 2008
    I-140 approved
    About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.

    My Questions
    ----------------------
    I want to move to another company in another region in the US.
    1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).

    2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?

    Guys, please help me, I am confused. I really appreciate any help!
    THanks!





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  • Brightsider
    11-08 07:11 PM
    Permit me to differ....with ND Bhatt.
    With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.

    The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.

    You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.

    That said, hang in there. Enjoy life while in the queue.
    Best



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  • sonu_Aug_2002
    03-09 09:55 PM
    I am planning to visit India next week. I have the I-94 which was given to me when I entered USA last time. In the mean time, I also have I-94 attached on the approved I-797 due to 6,7 and 8th year extension. My question is

    When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?

    or

    all the I-94 that is attached to my I-797 approval notices.

    Thanks





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  • dionysus
    03-17 01:59 PM
    Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?



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  • Dhundhun
    06-07 04:55 PM
    I recently renewed my license in Oklahoma and was surprised to find out that on top of shorter expiration date, now my license has “TEMPORARY” written across it. This is new rule that OK is applying for non-residents and non-citizens. Has any body else gone thru similar experience? I am outraged that now I will be discriminated every where. DL is used on day to day basis and every body will question me, suspect me as to why “TEMPORARY” is written on my DL. Even DL office was not sure when this new rule was implemented, how come police officers, general public will know about it. I feel ashamed to even show my DL now. I’ll get hard time getting loans etc b/c people will think I may move out any time as I am here “Temporarily”

    Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.

    http://www.dps.state.ok.us/

    I saw the pointer. In Oklahoma, lawmakers has taken a stand to mark DL with “TEMPORARY” to all non-citizens. They could have gived DL in different color to make it less harsh. It seems that this “TEMPORARY” marking will be even after getting GC, so this will remain for years and years to come.

    As "imneedy" pointed, it is in NJ for the last few years, so we can expect this being done in other states.

    Is there any change in layout expected after "real ID(http://en.wikipedia.org/wiki/REAL_ID_Act)" implementation?





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  • centrum
    09-25 06:44 PM
    Thanks for the reply. My lawyer told me that she has seen a case when the green card application was accidently submitted with a copy of an expired passport, and there wasn't any problem. However, she's not certain if this is what happens with every application submitted with an expired passport.

    Could someone with experience related to this please reply? I'd really appreciate it.





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  • sapota
    10-18 06:04 PM
    For them

    immigration = "amnesty"

    :D

    Oh yeah. We still have to fight Anti-immigrants even after we obtain naturalization.





    GreeNever
    07-07 12:56 PM
    Not to throw in too many variants, but how about when on EAD? Does an EAD alter the situation?





    pmlboy
    05-01 04:57 PM
    Thanks for your reply. I am getting the affidavits from my parents, as well as from blood relatives. However, I have been also asked to provide government document stating why mother's name is absent on birth certificate. I am trying to figure out any government law (currently checking births and deaths act of 1969), which can state that name of head-of-household is sufficient for birth certificates. My birth certificate also mentions the Births and Deaths Rules of 1972 of West Bengal, however, I can't locate an online document. If I have to get a statement from court, does anybody have any idea about what would be the template?

    Thanks.



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