Recent content by littleadv

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    I-130 and Tax return status

    You cannot claim to be married when dealing with one Federal agency, and claim to be single when dealing with another. You're lying to one of them, and you'll get in trouble. At some point you'll have to file an AOS which will also require you and your wife to send your IRS forms to USCIS. You...
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    I-130 and Tax return status

    You're married, so you cannot file as single. You can file as married filing separately, and your wife would file a 1040NR form with zero liability (assuming she has no US income).
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    F1, marrying citizen in May. H1 from October. Can file tax as married?

    Yes. Non-resident spouse of a US resident can choose to file as resident. Do the math if its worth it. This of course is for the years during which you were actually married. IRS link here.
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    Can a visa be rejected because of an overstay of a family member (not applying for the visa)?

    In case there's a sibling in the US in an overstay, can a visa application be rejected? If applicant himself doesn't have any immigration issues and have a genuine H1B approval - should he be worried because of the sibling refusing to leave the US?
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    Sending Money to India from US - any limits and other questions

    IRS has nothing to do with it, its the department of treasury (IRS is only one of its agencies) which is dealing with money laundering and terrorism funding operations. Your transfers might or might not be reported (below the $10K threshold its per the bank's discretion), but if the money is...
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    H4 to L1 (Huge Confusion)

    XaFYFE A couple of things to consider: 1st - they might cancel the H4 visa, for the same reason they deny the L1 visa. 2nd - if the H4 visa remains valid and your wife returns with it - she loses the L1 status, she'll be back on H4 and won't be able to come back to work. Same problem -...
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    Can a gc holder claim f-1 spouse as a dependent in the tax return?

    Yes. The instructions are on the IRS site.
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    two jobs on EAD

    How did you get the EAD?
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    EB2 Under "Exceptional Ability" category

    I know someone who did it, not in IT field. That person had prizes of national level for his country, and he was sweating.
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    leaving and re-entering the usa on green card with dismissed misdememour charges

    I'm not a lawyer, and you should consult one to get a definitive answer (and no, posting on an Internet forum hosted by a law firm is not "consulting a lawyer"), but if you didn't go through the immigration court - you're good and your green card is valid. However, when you apply for citizenship...
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    3 years diploma + 3 years degree from India - Eb2

    If you cannot get a certification of your degree as a US 4-year BS equivalent - you're going to EB3. What is the help you're looking for? Why are you desperate? It looks like your employer is doing the best he can for you, and after one application being audited and rejected, I wouldn't try any...
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    EB2 Under "Exceptional Ability" category

    Wouldn't bother if I were you. Exceptional ability means prizes, publications, recommendations, salary way above the standard, etc. Here's the list. I would guess you would also be audited.
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    LLC/C-Corp on H1B

    There are two kinds of corporations: C-corp (the "standard" one) and S-corp (pass-through taxation). For S-corp there are certain limitations, one of which is that the shareholders must be US citizens or residents. However, it doesn't mean permanent residents. As an H1b person, you're a US...
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    How to find out company has ever filed an H1B before?

    What makes you think that a company can only be genuine if it has ever filed for H1B? There has to be a first time for every company at some point. Just make sure they're working with an attorney and know exactly what they're dealing with, some companies that have never done that before may not...
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    Confused by the H1B application dates

    The applications can be filed starting of April 1st of the preceding year (April XX, that is). When the quota is filled. It can be April 1st (as it was in 2008) or it can be around December like it was this year. When the application was approved. If the employer pays a "Premium...
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