STAmisha
09-30 05:53 PM
BUMP~
If somebody has an answer, please reply.
If somebody has an answer, please reply.
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axp817
03-28 01:46 PM
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
morchu
08-02 01:14 AM
I believe it is worth the 180 days wait. And AC-21 is practical for a lot of situations. Anyway you dont really have to wait 180 days, if you can convince the current employer not to revoke the 140 (at least for the next 180 days).
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
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waiting4gc
07-17 08:31 PM
I think if there is one bouquet from iv core sent to her that should be good enough. We are not trying to draw undue attention to her office by filling it with flowers:)
more...
Radhika
10-01 01:46 PM
I have similar question. My visa on the passport has expired in Dec 2005. But we have valid h1 extention approval. what I have to select for the question "Are you applying for same visa class that expired in the last 12 months?"
'yes' or 'No ' for this question.
If I select 'no' it is not showing any appointments dates :confused:
'yes' or 'No ' for this question.
If I select 'no' it is not showing any appointments dates :confused:
Becks
03-16 10:16 AM
This is very good post. I have been waiting for this news where we enter when not working for GC sponsoring employer.
Thanks for sharing.
Thanks for sharing.
more...
neelu
07-17 12:17 AM
Hi Kanaka,
Unfortunately, any medical exams/tests conducted in India and any documents resulting from such are not valid.
Your best bet is to bring your family back and respond to the RFE with documentation based in the US.
Hope this helps.
Hi,
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
Unfortunately, any medical exams/tests conducted in India and any documents resulting from such are not valid.
Your best bet is to bring your family back and respond to the RFE with documentation based in the US.
Hope this helps.
Hi,
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
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sunny1000
01-09 09:49 PM
Can some body help with the below Questions?
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
It is necessary to update USCIS on your divorce so that you can add your new wife to the GC process.
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
It is necessary to update USCIS on your divorce so that you can add your new wife to the GC process.
more...
amits
12-18 10:38 PM
Hi All,
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
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STAmisha
09-30 05:53 PM
BUMP~
If somebody has an answer, please reply.
If somebody has an answer, please reply.
more...
nlssubbu
10-05 04:13 PM
Just to add My I 140 approved from the first company.
You have two options in this situation.
1. File an amendment to the approved I-140 based on Merger / Acquisition
2. Once you got EAD, invoke AC 21 and can continue with your employer.
I was in your similar situation when my division is acquired and my attorney filed an I-140 amendment, as I do not want to use EAD. [H1 / H4 is duel intent and we can be still protected even if I-485 is denied! When we are not switching companies why to loose this advantage?]
Thanks
You have two options in this situation.
1. File an amendment to the approved I-140 based on Merger / Acquisition
2. Once you got EAD, invoke AC 21 and can continue with your employer.
I was in your similar situation when my division is acquired and my attorney filed an I-140 amendment, as I do not want to use EAD. [H1 / H4 is duel intent and we can be still protected even if I-485 is denied! When we are not switching companies why to loose this advantage?]
Thanks
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Phat7
10-18 04:01 PM
Wow! :) Thank you everybody! You could have been anywhere in the world tonight, but you're here with me! I'm a little excited... I would like to thank a couple of people who helped me achieve this award. I would like to thank ... ... ... ... ... (long list of names here) ;)
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R009
09-20 10:43 AM
Hi Mallikonnet,
Any idea how much it will cost me for H1 Extension. Thanks.
Any idea how much it will cost me for H1 Extension. Thanks.
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lskreddy
11-19 11:00 AM
I called USCIS and they said I could e-file. Thanks.
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psaxena
11-19 05:30 PM
No wonder they can do this , after loosing the case 2 times in the lower courts now they are taking the case to supreme court. Well they got the money , lawyers and dedicated paid employees to work on it fulltime, they can do all they want. Advertise on CNN and get a complete page ad on WSJ. But we have got guys who are sitting on the margins waiting for their Labor to approve to start making the donation. Well you may not last that long here in US to make the donation my friend in this case.
Also guys don't think antis have got problem with only H1B, no, they hate everyone. Don't think you got EAD so you are safe. They are going to target everyone. They are racist and hate anyone who is Indian.
They don't have the volume like us , but what to do with this huge useless volume who are good for nothing. Our members starve to death by donating a fews bucks, loves to question who tries to do anything good and most of all always keen to get there issues to be taken care off at the first place. this is a loosing battle with these type of members in the community.
Every group has started drumming up for the CIR.. its high time guys get together and shell out money from your pockets and donate IV, otherwise you will keep regretting for not doing this.
Also guys don't think antis have got problem with only H1B, no, they hate everyone. Don't think you got EAD so you are safe. They are going to target everyone. They are racist and hate anyone who is Indian.
They don't have the volume like us , but what to do with this huge useless volume who are good for nothing. Our members starve to death by donating a fews bucks, loves to question who tries to do anything good and most of all always keen to get there issues to be taken care off at the first place. this is a loosing battle with these type of members in the community.
Every group has started drumming up for the CIR.. its high time guys get together and shell out money from your pockets and donate IV, otherwise you will keep regretting for not doing this.
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meridiani.planum
04-24 05:21 PM
let us hope they keep moving the dates forward and do not waste any visas this year.
With Mr having moved on from the Ombudsman's position, is there anyone else who might be able to help get this info from USCIS? Any IV contacts?
Last year also it was the Ombudsman's report of nearly 60k visa's being wasted
that seemed to trigger the dates becoming current, and flood of approvals for
a lot of people...
With Mr having moved on from the Ombudsman's position, is there anyone else who might be able to help get this info from USCIS? Any IV contacts?
Last year also it was the Ombudsman's report of nearly 60k visa's being wasted
that seemed to trigger the dates becoming current, and flood of approvals for
a lot of people...
more...
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Legal
08-03 12:23 PM
Sounds like a good idea.
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chehuan
01-18 03:17 PM
do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial
I can surely find out and let you know
Thanks to all for helping out
I am just into the process and I am not so wise with the whole thing
I can surely find out and let you know
Thanks to all for helping out
I am just into the process and I am not so wise with the whole thing
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rajnag21
07-17 06:57 PM
Thanks again to everyone. I will ask him to join IV. :) He like me has been in the country for over 10 years. The combined stress (finding a partner plus this gc dragging thing) has made him catatonic to some extent.
He is just doing his job and looks beyond caring about anything anymore.But I worry for him so thats the reason for the post.
He is just doing his job and looks beyond caring about anything anymore.But I worry for him so thats the reason for the post.
Karthikthiru
09-20 10:08 AM
I heard this NPR news while I was driving to office. The reporter really differentiates Skilled legal immigrants and Unskilled illegal immigrants. A good one
Thanks
Karthik
Thanks
Karthik
h1techSlave
11-30 10:25 AM
Pretty much every body recommends not sending unwanted documents like all copies of Passport.
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