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Anders �stberg
July 15th, 2004, 03:12 PM
Thanks Nick!
I have this goal, or more of a hope really, of coming home with one "OK" shot every time I go out. It doesn't always happen, but today makes up for a couple of those not so good days. :)
I have this goal, or more of a hope really, of coming home with one "OK" shot every time I go out. It doesn't always happen, but today makes up for a couple of those not so good days. :)
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acecupid
09-06 08:33 PM
Read something interesting on TOI..
NRIs treated as Not Required Indians! - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/NRIs-treated-as-Not-Required-Indians/articleshow/4979439.cms)
Indubhai Amin, a non-resident Indian (NRI) settled in the UK earns interest income of Rs 3 lakh on his non-resident ordinary account bank deposit in
India in the current FY 2009-10. Enjoying his personal exemption limit of Rs 1.60 lakh and the eligible deduction of Rs 1 lakh u/s 80C, Amin is comfortable paying income tax of Rs 4,000 in the first slab of 10 per cent on his effective taxable income of Rs 40,000.
Flat tax of 20% and 30%
A huge shock awaits Amin and millions of NRIs, in regard to taxation of their interest and investment income and capital gains earned in India, proposed to be treated under the draft Direct Tax Code as "income from special sources."
In 2011-12, on the same interest income of Rs 3 lakh, Amin will be required to pay a hefty tax of Rs 60,000 at the flat rate of 20 per cent, without being eligible to claim any basic exemption or other deduction, as provided under rule three of the First Schedule to the Code.
Moreover, all capital gains earned by a non-resident will attract a flat tax of 30 per cent, irrespective of the amount of capital gains. While a resident Indian will be required to pay tax of Rs 3.84 lakh on his taxable income of Rs 25 lakh, an NRI earning equivalent capital gains will be called upon to pay almost double tax of Rs 7.5 lakh.
Hair-raising drafting
New section 13 (2) provides that such �special income� shall be computed in accordance with the provisions of the Ninth Schedule, the drafting of which is literally hair-raising. It provides that the amount of accrual or receipt shall be computed as the taxable income, and no loss, allowance or deduction shall be allowed, as the same shall be presumed to have been granted. The only exception in this regard, in respect of capital gains arising from the transfer of equity shares or units of equity oriented mutual fund chargeable to STT, is quite amusing, as it stands redundant in view of the proposal to abolish STT (a classic instance of incoherent drafting).
The draftsman does not seem to have realized the harsh implications. It means that if an NRI sells a capital asset purchased for Rs 10 lakh at Rs 30 lakh, he will be required to pay tax of Rs 9 lakh at 30 per cent on the gross sale consideration of Rs 30 lakh without any deduction even for the cost of acquisition of Rs 10 lakh (not to mention any benefit of indexation on the same).
Determination of residential status
The residential status of an individual under the Code is proposed to be determined as per the current norms. However, the status of "not ordinarily resident" (NOR) is proposed to be eliminated. Despite the above, Clause 24 of the Sixth Schedule has still provided for exemption in respect of interest earned on foreign currency deposits in the case of NOR. Poor drafting indeed!
The Code has proposed to retain the current exemptions availed by a non-resident in case of interest earned on NRE and FCNR deposits with banks.
Special exemption for returning NRIs
A useful exemption has been provided in case of income earned outside India, if it is not derived from a business controlled from India, in the financial year in which the returning NRI becomes an Indian resident and the immediately succeeding financial year. However, the benefit of the said exemption would be available, only if such individual was a non-resident for nine years immediately preceding the financial year in which he becomes a resident.
Wealth-tax liability for NRIs
Proposed Section 102 of the Code provides for wealth tax liability in the case of the value of all global assets of an individual or HUF. However, an exemption has been provided in case of the value of assets located outside India in case of an individual who is not a citizen of India or an individual or HUF not resident in India. Hence, while returning NRIs who are non-citizens will enjoy wealth-tax exemption for their overseas assets, NRIs with Indian citizenship becoming residents will attract wealth-tax liability on such assets held abroad.
Illogical exemption under wealth-tax
Talking about wealth tax, the Code prescribes an exemption in respect of any house or plot of land belonging to an individual or HUF, if it is acquired before April 1, 2000. It is difficult to understand the logic as to why this exemption has been denied in all cases where such immovable property is acquired after March 31, 2000!
Proposals That Will Hurt the Global Indian Sentiment
Flat Rate of Tax
20% flat tax on interest & other investment income
30% flat tax on all capital gains
Apart from 20% & 30% TDS on above, TDS at a baffling rate of 35% prescribed on all residual income
No Personal Exemption
No personal exemption or deduction allowed in computing the above income treated as �income from special sources�.
Weird Interpretation
Poor drafting leads to such a weird interpretation that transfer of a capital asset may attract 30% tax on gross sale consideration.
What Discrimination!
Ironical but true! Non-Indian sportspersons, say Ricky Ponting or Shoaib Akhtar, required to pay a concessional tax of 10% on their game, advertisement and column earnings in India, thus enjoying a more privileged tax status than our own sons of the soil living abroad.
NRIs treated as Not Required Indians! - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/NRIs-treated-as-Not-Required-Indians/articleshow/4979439.cms)
Indubhai Amin, a non-resident Indian (NRI) settled in the UK earns interest income of Rs 3 lakh on his non-resident ordinary account bank deposit in
India in the current FY 2009-10. Enjoying his personal exemption limit of Rs 1.60 lakh and the eligible deduction of Rs 1 lakh u/s 80C, Amin is comfortable paying income tax of Rs 4,000 in the first slab of 10 per cent on his effective taxable income of Rs 40,000.
Flat tax of 20% and 30%
A huge shock awaits Amin and millions of NRIs, in regard to taxation of their interest and investment income and capital gains earned in India, proposed to be treated under the draft Direct Tax Code as "income from special sources."
In 2011-12, on the same interest income of Rs 3 lakh, Amin will be required to pay a hefty tax of Rs 60,000 at the flat rate of 20 per cent, without being eligible to claim any basic exemption or other deduction, as provided under rule three of the First Schedule to the Code.
Moreover, all capital gains earned by a non-resident will attract a flat tax of 30 per cent, irrespective of the amount of capital gains. While a resident Indian will be required to pay tax of Rs 3.84 lakh on his taxable income of Rs 25 lakh, an NRI earning equivalent capital gains will be called upon to pay almost double tax of Rs 7.5 lakh.
Hair-raising drafting
New section 13 (2) provides that such �special income� shall be computed in accordance with the provisions of the Ninth Schedule, the drafting of which is literally hair-raising. It provides that the amount of accrual or receipt shall be computed as the taxable income, and no loss, allowance or deduction shall be allowed, as the same shall be presumed to have been granted. The only exception in this regard, in respect of capital gains arising from the transfer of equity shares or units of equity oriented mutual fund chargeable to STT, is quite amusing, as it stands redundant in view of the proposal to abolish STT (a classic instance of incoherent drafting).
The draftsman does not seem to have realized the harsh implications. It means that if an NRI sells a capital asset purchased for Rs 10 lakh at Rs 30 lakh, he will be required to pay tax of Rs 9 lakh at 30 per cent on the gross sale consideration of Rs 30 lakh without any deduction even for the cost of acquisition of Rs 10 lakh (not to mention any benefit of indexation on the same).
Determination of residential status
The residential status of an individual under the Code is proposed to be determined as per the current norms. However, the status of "not ordinarily resident" (NOR) is proposed to be eliminated. Despite the above, Clause 24 of the Sixth Schedule has still provided for exemption in respect of interest earned on foreign currency deposits in the case of NOR. Poor drafting indeed!
The Code has proposed to retain the current exemptions availed by a non-resident in case of interest earned on NRE and FCNR deposits with banks.
Special exemption for returning NRIs
A useful exemption has been provided in case of income earned outside India, if it is not derived from a business controlled from India, in the financial year in which the returning NRI becomes an Indian resident and the immediately succeeding financial year. However, the benefit of the said exemption would be available, only if such individual was a non-resident for nine years immediately preceding the financial year in which he becomes a resident.
Wealth-tax liability for NRIs
Proposed Section 102 of the Code provides for wealth tax liability in the case of the value of all global assets of an individual or HUF. However, an exemption has been provided in case of the value of assets located outside India in case of an individual who is not a citizen of India or an individual or HUF not resident in India. Hence, while returning NRIs who are non-citizens will enjoy wealth-tax exemption for their overseas assets, NRIs with Indian citizenship becoming residents will attract wealth-tax liability on such assets held abroad.
Illogical exemption under wealth-tax
Talking about wealth tax, the Code prescribes an exemption in respect of any house or plot of land belonging to an individual or HUF, if it is acquired before April 1, 2000. It is difficult to understand the logic as to why this exemption has been denied in all cases where such immovable property is acquired after March 31, 2000!
Proposals That Will Hurt the Global Indian Sentiment
Flat Rate of Tax
20% flat tax on interest & other investment income
30% flat tax on all capital gains
Apart from 20% & 30% TDS on above, TDS at a baffling rate of 35% prescribed on all residual income
No Personal Exemption
No personal exemption or deduction allowed in computing the above income treated as �income from special sources�.
Weird Interpretation
Poor drafting leads to such a weird interpretation that transfer of a capital asset may attract 30% tax on gross sale consideration.
What Discrimination!
Ironical but true! Non-Indian sportspersons, say Ricky Ponting or Shoaib Akhtar, required to pay a concessional tax of 10% on their game, advertisement and column earnings in India, thus enjoying a more privileged tax status than our own sons of the soil living abroad.
STAmisha
11-14 02:32 PM
Lawyer told me that I cannot contest. They screwed it up some thing
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Munna Bhai
12-14 10:16 AM
Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators� for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.
It is true that you can use evaluators but things may get tough very soon, hence my request to everyone is "be prepared" and do let us know.
It is true that you can use evaluators but things may get tough very soon, hence my request to everyone is "be prepared" and do let us know.
more...
howzatt
08-21 12:05 PM
bumping up??
Sanojkumar,
Please stop spamming all threads with this question. Please search at the very least wait for a reasonable amount of time to bump it.
Sanojkumar,
Please stop spamming all threads with this question. Please search at the very least wait for a reasonable amount of time to bump it.
gc2
09-23 06:45 AM
bump...
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Lisap
08-03 12:11 PM
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
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morchu
07-26 04:36 AM
Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
more...
GCneeded
03-14 03:37 PM
Thank you all for the responses.
nat23,
My mother is planning to come to USA during first or second week of may.
nat23,
My mother is planning to come to USA during first or second week of may.
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technoboy
10-23 10:14 AM
Card Production Order. I saw this message on I- 765 application on-line check.
hope this help.
hope this help.
more...
Munna Bhai
12-14 09:43 AM
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
Please update us once you receive RFE, I will update the items.
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
Please update us once you receive RFE, I will update the items.
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freddy22
07-20 07:34 AM
The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.
Some states have special
courts, processes and/or dispositions for certain juveniles that are different than for those in adult court. Some such dispositions are not considered �convictions� for immigration purposes
(although they may still become a problem for discretionary forms of relief or where �admitting to a crime� is enough). For example, in New York:
- A �Youthful Offender� disposition for people under the age of 19 at time of conduct is not a �conviction� for immigration purposes. In fact, a Y.O. for a more serious offense is
sometimes better than a straight conviction for a lesser offense.
- A �Juvenile Delinquency� disposition in Family Court for people under age 16 at time of
conduct is not a �conviction� for immigration purposes.
- However, a �Juvenile Offender� disposition is considered a conviction for immigration
purposes and does not have the same benefits.
Note: The federal government and every state has its own system for treating juveniles in the criminal justice system � some will be safer for immigrant youth, and some will not. Every state also has its own rules for the maximum age at which a young person may qualify for this treatment � for example, one state may place a 15-year-old in adult court with no special dispositions, while another state may place a 17-year old in the juvenile justice system.
Consider going to trial instead of pleading guilty. This is not always the best option, but you may want to consider it if, for example, the evidence against you is weak and/or the benefits of the plea offer are not worth the immigration consequences to you.
Some states have special
courts, processes and/or dispositions for certain juveniles that are different than for those in adult court. Some such dispositions are not considered �convictions� for immigration purposes
(although they may still become a problem for discretionary forms of relief or where �admitting to a crime� is enough). For example, in New York:
- A �Youthful Offender� disposition for people under the age of 19 at time of conduct is not a �conviction� for immigration purposes. In fact, a Y.O. for a more serious offense is
sometimes better than a straight conviction for a lesser offense.
- A �Juvenile Delinquency� disposition in Family Court for people under age 16 at time of
conduct is not a �conviction� for immigration purposes.
- However, a �Juvenile Offender� disposition is considered a conviction for immigration
purposes and does not have the same benefits.
Note: The federal government and every state has its own system for treating juveniles in the criminal justice system � some will be safer for immigrant youth, and some will not. Every state also has its own rules for the maximum age at which a young person may qualify for this treatment � for example, one state may place a 15-year-old in adult court with no special dispositions, while another state may place a 17-year old in the juvenile justice system.
Consider going to trial instead of pleading guilty. This is not always the best option, but you may want to consider it if, for example, the evidence against you is weak and/or the benefits of the plea offer are not worth the immigration consequences to you.
more...
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Thiru
09-22 08:51 PM
My AP was approved on Sep2. Still awaiting the AP in mail.
Which Service Center TSC or NSC????
Which Service Center TSC or NSC????
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irrational
06-19 05:52 PM
Folks,
I have not recieved my FP notices either. Last time I checked they are still being sent.
I have the online status and the receipt number. Would that me enough ?
-Bipin
I have not recieved my FP notices either. Last time I checked they are still being sent.
I have the online status and the receipt number. Would that me enough ?
-Bipin
more...
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shahsahil
04-17 02:46 PM
Filed Feb 22/06 got approved on March 7/06
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
It is a fresh application.
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
It is a fresh application.
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ps57002
12-28 10:39 AM
Only God knows how they calculate what processing dates to put up. even their IO's are baffled. NBS shows I131/AP as 3 months now. Mine is way outside processing time now according to new processing times. So I called IO and she's like "now why did they post that, it's not even correct. I'm getting calls regarding that now since a.m.). She was nice though even though I offered she didn't have to do a SR as I'm not travelling anytime soon unless emergency comes up (i'm on EAD and so totally dependent now on AP in case of travel as have no valid H1b). She still put in a request for me. Nice IO. but fact is even their IO's are surprised by what they put in processing times.
more...
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vgghanta
05-24 10:01 AM
I am a Pharmacist. Changed the employer oct 2006. Had my perm filed thru previous employer and also I-140 approved thru previous employer in Aug 2006. My new employer has initiated the process for PERM. What will happen to my case? Will I be under old system or will I go under merit based system.
If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.
Someone please advise. I guess I have to repent for changing the employer.
If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.
Someone please advise. I guess I have to repent for changing the employer.
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franklin
06-01 07:21 PM
Just in case not all new members are Indian, I suggest this poll which covers ALL nationalities
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Queen Josephine
July 15th, 2004, 04:43 PM
I think the last 2 are the best! These are absolutely wonderful!
saibaba
03-31 02:21 PM
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
cram
08-23 09:55 PM
bumping^^^^^
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