April 17 Tax Filing Deadline Quickly Approaching

The tax deadline is April 17 this year instead of April 15 because of a Washington D.C. holiday. Here are some tips if you haven’t filed your tax returns yet.

1.     Free e-file – The IRS offers free federal e-file through different tax software providers if your adjusted gross income was less than $57,000.You can find more information at www.freefile.irs.gov/. Although e-filing the federal tax return is free, you may be charged for e-filing your state tax return. The IRS also offers free e-file fillable forms for all income levels at https://www.freefilefillableforms.com/.

2.    File an extension – if you can’t file your federal tax return on time you can request an automatic 6 month extension using Form 4868. Your state should also have an automatic extension form. The extension does not extend the time to pay. If you expect to owe money, you should make a tax payment by April 17^th to avoid penalties and interest. If you expect a tax refund and cannot file by April 17, you do not need to file an extension.

3.    Filing Date – is the post mark date. So if you are paper filing or need to mail in a payment, you should drop it off at the post-office before their last mail collection time on April 17.

NON-RESIDENT ALIEN

Fiscal Year 2013 H-1B Cap Filing Starts on April 2, 2012

U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B applications on April 2, 2012. The H-1B start date must be October 1, 2012 or later. There is a general cap of 65,000 and an advanced degree cap of 20,000. Last year the H-1B quota was reached on November 22, 2011 which means the filing period was 236 days. If you haven’t found an employer willing to sponsor your H-1B visa yet, you still have time. The normal processing time for the H-1B petition is 3-5 months.

The preliminary requirements for H-1B are as follows:

Proposed H-1B Electronic Registration System

According to USCIS estimates, a proposed rule that could save U.S. businesses more than $23 million over the next 10 years. This proposed rule would establish an electronic registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the statutory visa cap.

The H-1B is a non-immigrant visa which allows U.S. employers to temporarily employ foreign workers in specialty occupations. USCIS proposes to establish an advance, electronic registration process for U.S. employers seeking to file H-1B petitions subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.

Taiwan expected to be approved for Visa Waiver Program in 2012

Taiwan expected to be approved for Visa Waiver Program in 2012

On Dec. 22, Eric H. Madison, acting director of the American Institute in Taiwan, announced Taiwan’s candidacy for the U.S. Visa Waiver Program (VWP). If approved, the program is expected to go into effect in the latter half of next year. Taiwan would join 36 other countries currently approved for the VWP. When the program goes into effect, there will be an immediate financial benefit for Taiwanese travelers to the U.S. Instead of paying $143 for a visa at AIT, travelers only need to pay $14 when completing the online application at Electronic System for Travel Authorization (ESTA). It is estimated that 150,000 non-immigrant visas were issued to Taiwanese last year.

H-1B cap of 65,000 for fiscal year (FY) 2012 has been reached

USCIS unexpectedly announced the H-1B statutory cap of 65,000 for fiscal year (FY) 2012 has been reached. 


Nov. 22, 2011 was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012 (Oct 1, 2011-Sept 30, 2012).  The statutory cap of 20,000 for the advance degree applicants was reached on October 19, 2011.

What Is Section 245(i) of the Act?

What Is Section 245(i) of the Act?

Section 245(i) of the Act (8 U.S.C. 1255(i)) allows certain aliens with an immigrant visa immediately available to them to apply to adjust status upon payment of a $1,000 surcharge, even though the alien entered the United States without inspection or does not meet the maintenance of status and authorized employment requirements of section 245(c) of the Act (8 U.S.C. 1255(c)).

H-1B visas may run out in December 2011 or January 2012

United States Citizenship and Immigration Services (USCIS) reports that they are running out of new H-1B visas and they may soon be unavailable until October 2012, the start of the next fiscal year. 

Green Card Lottery = Immigrant Intent ?

When you apply for a nonimmigrant visa, there is a question, “Has anyone ever filed an immigrant visa petition on your behalf.” The Department of State has determined that the correct answer to this question is Yes.

However, the entry into the DV lottery by itself should generally not be sufficient to deny you a nonimmigrant visa and is not an automatic bar to obtaining subsequent nonimmigrant visas.