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  #1 (permalink)  
Old 12-26-2007, 02:05 PM
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Question non-permanent aliens or non resident aliens

Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?

thanks
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  #2 (permalink)  
Old 12-26-2007, 02:10 PM
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Quote:
Originally Posted by KanME View Post
Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?

thanks

Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.
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  #3 (permalink)  
Old 12-26-2007, 02:15 PM
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Thanks for reply... that clears things a little.
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  #4 (permalink)  
Old 12-26-2007, 02:17 PM
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Quote:
Originally Posted by KanME View Post
Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?

thanks
I suppose you are living in USA.

On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

To answer your question, you are a non-permanent resident alien.
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  #5 (permalink)  
Old 12-26-2007, 02:48 PM
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Default Context.

Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).
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  #6 (permalink)  
Old 12-26-2007, 02:49 PM
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Quote:
Originally Posted by venram View Post
I suppose you are living in USA.

On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

To answer your question, you are a non-permanent resident alien.
Venram,

I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.

In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.

Resident alien - An alien living here on a permanent basis
NonResident Alien - An alien living here on a temporary basis

I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..
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  #7 (permalink)  
Old 12-26-2007, 03:05 PM
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Default On a lighter note..

Given that many have spent 10 years, or almost a third of their lives here, they can hardly be called "aliens". Also, given that nothing is permanent, I propose the following term:

Non-permanent, resident, non-alien
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  #8 (permalink)  
Old 12-26-2007, 03:31 PM
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Default Well

Both are wrong answers .. no one is an alien .. we are all human beings

Just kidding ..

But on a serious note I think we fall under non-resident alien.
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  #9 (permalink)  
Old 12-26-2007, 03:58 PM
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Default

H1/H4/L1/L2... - Non-Permanent Resident Alien
F1/F2 - Non-Permanent Non-resident Alien.
Green Card - Permanent Resident Alien.
Citizen - Naturalized citizen

Resident and Non-resident make a difference in taxation.

Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. “Non-Permanent” because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.

Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). “Non Permanent” comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.

Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.

Let me know if I am wrong anywhere. Thanks

Last edited by kumar1; 12-26-2007 at 04:22 PM.
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  #10 (permalink)  
Old 12-26-2007, 04:32 PM
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gjoe is a name known to all gjoe is a name known to all gjoe is a name known to all gjoe is a name known to all gjoe is a name known to all gjoe is a name known to all
Post I want my alien ship

I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?

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  #11 (permalink)  
Old 12-26-2007, 04:37 PM
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It is with Laloo Prasad Yadav.

Quote:
Originally Posted by gjoe View Post
I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?

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  #12 (permalink)  
Old 12-26-2007, 05:27 PM
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Default

Quote:
Originally Posted by gjoe View Post
I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?


Check out the USCIS headquarters and look for the junk yard there..
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  #13 (permalink)  
Old 12-26-2007, 08:31 PM
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Default In-state tuition for H-4

Quote:
Originally Posted by kumar1 View Post
Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).
Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?
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  #14 (permalink)  
Old 12-26-2007, 10:20 PM
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whattodo is on a distinguished road
Default

Well said, Kumar1. It seems like you have done PhD on immigration matters.

Quote:
Originally Posted by kumar1 View Post
H1/H4/L1/L2... - Non-Permanent Resident Alien
F1/F2 - Non-Permanent Non-resident Alien.
Green Card - Permanent Resident Alien.
Citizen - Naturalized citizen

Resident and Non-resident make a difference in taxation.

Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. “Non-Permanent” because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.

Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). “Non Permanent” comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.

Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.

Let me know if I am wrong anywhere. Thanks
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  #15 (permalink)  
Old 01-07-2012, 07:01 PM
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keshmahajan will become famous soon enough
Default

Quote:
Originally Posted by GKBest View Post
Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?
Quote:
Originally Posted by kumar1
Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience). ?[/quote]

Hi GKBest/Kumar1
Can you please let me know how to get in-state tution fee. What documents does he need to present to the university to show that he is qualified?
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