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,
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ajju
11-13 09:37 PM
Hi Guys,
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
Please Sugest
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
Please Sugest
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
pbojja
04-22 11:11 AM
Recently we have seen lot of 140 case transfers from NSC to TSC
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
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chehuan
01-26 08:04 PM
so the job description said BS + 5 years experience or Master +2 years
and they rejected him saying he was not BS +5
none took care of the second part Master +2 years and hence it got rejected
and they rejected him saying he was not BS +5
none took care of the second part Master +2 years and hence it got rejected
more...
LostInGCProcess
02-11 04:09 PM
I-485 RFE details.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
Seems to me (I am taking a wild guess) USCIS must have "misplaced" the I-693 of your spouse. It is unfair to ask again to submit the I-693 especially if its going to cause another dent of $400 to your pocket. However, if the surgeon can issue another one without any charges and without any tests again, then go for it and re-submit.
Otherwise, call USCIS Customer care and inquire about it (as to why they are asking again for the medicals).
EDIT: This to answer your question "does USCIS request for new I-693 if the original one submitted is older than one year or more?"
The Rule is, Form I-693 must be submitted within one year of taking the medical examination.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
Seems to me (I am taking a wild guess) USCIS must have "misplaced" the I-693 of your spouse. It is unfair to ask again to submit the I-693 especially if its going to cause another dent of $400 to your pocket. However, if the surgeon can issue another one without any charges and without any tests again, then go for it and re-submit.
Otherwise, call USCIS Customer care and inquire about it (as to why they are asking again for the medicals).
EDIT: This to answer your question "does USCIS request for new I-693 if the original one submitted is older than one year or more?"
The Rule is, Form I-693 must be submitted within one year of taking the medical examination.
newuser
03-13 01:57 PM
FBI Arrests DC Official (http://blogs.abcnews.com/politicalpunch/2009/03/fbi-arrests-dc.html)
Why do you have to open a thread that has no relevance to what we discuss here on IV. Please don't try to sensationalize everything. There were references to this news in other threads already.
Admin - Please delete this thread as this was discussed in other threads.
Why do you have to open a thread that has no relevance to what we discuss here on IV. Please don't try to sensationalize everything. There were references to this news in other threads already.
Admin - Please delete this thread as this was discussed in other threads.
more...
gc_samba
07-17 04:44 PM
Kaisersose thank you for your reply. Is their a time limit for how long I have to work for the GC filling employer? what worries me is if they fire me in lets say 1 month after hire during their probation period am I safe? Even though i was working part time some where else.
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
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ivar
04-09 10:05 PM
OMG :eek: 3 months to withdraw PERM!
Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
more...
jasmin45
03-14 09:34 AM
Most of the american students (not all) does not develop the attitude and key qualities required for Higher education in science and technology. As per my observation, lot of them seems to have high ambition, which is good, but no focus on means to achieve it.
Overall development of personality and physique is good but the psychological preparedness to tackle the technical and scientific problem is lacking at a high degree. This can be attributed to the basic education system where the focus is on external physical and social development and hence they have good qualities for marketing but majority of the folks fail to realize that and instead of finetunning the strengths the lack of focus keep then working on other aspects during entire teen years. This is where they need direction from education specialists.
This is in contrast to what we see in south east asian countries where the focus is not on external and physical development but on cultivation of attitude and psychological preparedness which turns the students into science and technology much more than sports and fashion.
Even now their standard set for 3rd grade and 5th graders are way too low compared to Asian and European 1st & 2nd grades. Whole number to fractions transition does not take 2 grades. But understandably so, sudden changes in education standards will be harder on kids in immediate generation as the base is not set. Next gen will benefit.
There are pros and cons in both the system but the key is what is needed for the economy. Right now it is science and techno graduates in US and their system does not support it. It is hard to make that shift but If they can successfully put it together, in next 20 years you will see a fair amount of science and technology graduates in US which will include US born kids generation of immigrant population.
Overall development of personality and physique is good but the psychological preparedness to tackle the technical and scientific problem is lacking at a high degree. This can be attributed to the basic education system where the focus is on external physical and social development and hence they have good qualities for marketing but majority of the folks fail to realize that and instead of finetunning the strengths the lack of focus keep then working on other aspects during entire teen years. This is where they need direction from education specialists.
This is in contrast to what we see in south east asian countries where the focus is not on external and physical development but on cultivation of attitude and psychological preparedness which turns the students into science and technology much more than sports and fashion.
Even now their standard set for 3rd grade and 5th graders are way too low compared to Asian and European 1st & 2nd grades. Whole number to fractions transition does not take 2 grades. But understandably so, sudden changes in education standards will be harder on kids in immediate generation as the base is not set. Next gen will benefit.
There are pros and cons in both the system but the key is what is needed for the economy. Right now it is science and techno graduates in US and their system does not support it. It is hard to make that shift but If they can successfully put it together, in next 20 years you will see a fair amount of science and technology graduates in US which will include US born kids generation of immigrant population.
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gchope2k6
04-27 12:42 PM
Hi all,
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
more...
santosh08872
12-02 10:06 PM
Thanks for sharing the great news, I am going to join on EAD for new job and at least one thing less to think about.
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looneytunezez
04-23 04:42 PM
fittan,
Thanks for your reply.
But i dont have any application pending with USCIS.
My I-140 is pending but that belongs to my employer,correct?
So I am confused if I should use InfoPass or not.
LT
Thanks for your reply.
But i dont have any application pending with USCIS.
My I-140 is pending but that belongs to my employer,correct?
So I am confused if I should use InfoPass or not.
LT
more...
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anuh1
04-05 08:27 AM
How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds
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sintax321
10-23 06:06 PM
I went to that site and downloaded those brushes. They worked great. You can just keep thowing thigs onto the canvas untill you have some crazy weird dark Image. I'm working on some stuff with them so I'll post it soon. Thanks for the great link:)
more...
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greyhair
03-13 12:30 PM
Graham is only opposed to the dems passing Healthcare reform through reconcilliation method, which is ramming through Senate with just 51 votes without regard to any republican inputs or support. It's only that the dems are not listening to repubs suggestions on a very important piece of legislation.
Are you sure democrats are not listening to republican suggestions? Healthcare debate has been going on for over 1 year. In my 8 years in US, never has been so much time given to debate any single issue. Most of the key provisions in the bill were Republican ideas including tax cuts, coverage for preexisting condition etc. Republicans are taking bribes from insurance companies for stalling the healthcare bill. If democrats did not want to include republicans then they could have passed healthcare bill last year when democrats had super majority in the Senate, before Scott Brown's election. All throughout last year democrats have been trying to get republicans on board. Republican party have stalled the entire government. Now with no other choice, after debating healthcare for more than 1 year, republicans want to restart the entire discussion. This is appalling.
Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.
There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.
Are you sure democrats are not listening to republican suggestions? Healthcare debate has been going on for over 1 year. In my 8 years in US, never has been so much time given to debate any single issue. Most of the key provisions in the bill were Republican ideas including tax cuts, coverage for preexisting condition etc. Republicans are taking bribes from insurance companies for stalling the healthcare bill. If democrats did not want to include republicans then they could have passed healthcare bill last year when democrats had super majority in the Senate, before Scott Brown's election. All throughout last year democrats have been trying to get republicans on board. Republican party have stalled the entire government. Now with no other choice, after debating healthcare for more than 1 year, republicans want to restart the entire discussion. This is appalling.
Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.
There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.
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H1BDreamer
05-27 09:48 AM
Hi, I'm very tensed. I applied for H-1B under master CAP. I have finished all degree requirements including depositing PhD thesis. However, at the time of filing I could not wait for a letter from the registrar (it takes 5 business days).
So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.
Would that suffice? Could the petition be denied?
I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.
Thanks for any replies.
So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.
Would that suffice? Could the petition be denied?
I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.
Thanks for any replies.
more...
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ns007
01-04 09:37 AM
1. If you are paying for the GC process, then fire your attorney and get a new one who knows how to port the priority dates.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
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busy
03-09 12:01 AM
Thank you RoseBall for your response. Definitely will do. One thing I want to emphasise. I'm sure rejection happened in Feb/October 2007 due to some other reason. Because USCIS did not ask for my either past employment history or paystubs.Do you have any idea of any grace period like 30 days after H1B expiration date to file for extension?
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sangmami
08-16 09:27 AM
we sent 3 seperate checks for each family member
Ramba
09-25 07:11 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.
Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.
Could someone with experience related to this please reply? I'd really appreciate it.
Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.
Asian
05-31 10:48 AM
Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.
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