From lads-l@spike.rice.edu  Wed Mar  2 08:50:04 1994
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Subject: sign off
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

I want to sign off.  Thank you!

From lads-l@spike.rice.edu  Wed Mar  2 10:34:09 1994
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From: "Dim Soon E. Lien" <elien@hsc.usc.edu>
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Subject: sign off
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X-Comment:  Late-Arrival-DependentS-List 

Thank you very much for all your help. Please sign me off the list.

From lads-l@spike.rice.edu  Thu Mar  3 14:18:21 1994
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X-Comment:  Late-Arrival-DependentS-List 

Thank you very much for all your help. Please sign me off the list.

From lads-l@spike.rice.edu  Thu Mar  3 15:39:18 1994
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Message-Id: <94Mar3.153343cst.14423@utdallas.edu>
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From: Rongqiang Mao <rong@utdallas.edu>
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Subject: sign off,please
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X-Comment:  Late-Arrival-DependentS-List 

Thank you very much for all your help. Please sign me off the list,please.
rong@utdallas.edu

From lads-l@spike.rice.edu  Thu Mar  3 20:43:26 1994
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From: cchen@igpp.ucla.edu (Xinmin Chen)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: non resident tuition
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Dear Mi Mi Sr.

I am a CSPA-LAD and have been a student at University of California, Los Angelessince Fall, 1992. I got an approval notice for my application for PR on 3/1. But when I went to the Residence Deputy fot waiver of non resident tuition for this Spring quarter which starts on 3/30, they still said that I had to wait for a full year after the date that I had filed my application (8/11/93). That means I only can get the tuition waived since Fall, 94. They told me I could write an appeal to UC legal analyst.

I think this is a kind of unfair because I have already become PR and I have to start to pay tax as a PR since this March. How come I pay the non resident tuition fee at the same time?

Could you please give me some advice on what points I should state in the appeal? And do you have any information about waiving of non resident tuition for LAD in UC system and other public schools?

Thank you very much for your help!



Xinmin Chen

From lads-l@spike.rice.edu  Fri Mar  4 11:00:40 1994
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Message-Id: <9403041654.AA19327@med2s0.engr.ccny.cuny.edu>
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: non resident tuition
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


CSPA PR's in-state-tuition status varies from state to state, even from
school to school. Your PR status, or even Citizenship can not grant you
in-state-tuition status. In short, while a US Citizen is required to pay
out-state-tuition, another Alien, even without a GreenCard, may be able
to pay in-state-tuition at the very same school. All you have to do is,
try to get a copy of your school's tuition regulations, and you state's
corresponding laws, and find out the right shoes for yourself, and then
to persuade your school authority that you are in fact the resident of the 
state. There are national guidlines. You may ftp those arguments from 
spike. 

Mi Mi Sr.

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%   
% Mr. Mi Mi, Sr., Member of Lads-Net Committee                %
%                 & In-State-Tuition Task Force               %       
% Sign on/off at listserv@spike.rice.edu, with mailbody as:   %
%    sub lads-l Firstname Lastname, or signoff lads-l         %
%    sub tuition-l Firstname Lastname, or signoff tuition-l   %
% Post at lads-l@spike.rice.edu, or tuition-l@spike.rice.edu  %
% Anonymous ftp at spike.rice.edu, in /lads/ or /tuition/     %
% Sign our petition letter at lads-sig@spike.rice.edu.        %
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

From lads-l@spike.rice.edu  Fri Mar  4 13:02:08 1994
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Message-Id: <9403041851.AA44606@orion.it.luc.edu>
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From: xqin@orion.it.luc.edu (Xi Qin)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: immigration lawers
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi everyone,

    Does any body has some phone number for the immi. gration lawers 
in Chicago?  You answer is very appreciated!

From lads-l@spike.rice.edu  Fri Mar  4 14:21:51 1994
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From: zzsu@acc.wuacc.edu (J Su)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Chicago firms Addresses
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


Some big bananas' address:
              BOWLES, KEATING, EPSTEEN, HERING & LOWE, CHARTERED   
                     135 South La Salle Street, Suite 1040 
                         Chicago, Illinois 60603-4295   
                                (Cook County)   
                            Telephone: 312-263-6300 
                               Fax: 312-263-0415 
 
PRACTICE: ...........  Immigration..................  
 
 
                         BURDITT & RADZIUS, CHARTERED   
                                   Suite 2600 
                             333 West Wacker Drive 
                         Chicago, Illinois 60606-1218   
                                (Cook County)   
                            Telephone: 312-781-6633 
                                       G3 
                               Fax: 312-781-6630 
 
PRACTICE:   ...........Immigration........
 
 
 
              BOWLES, KEATING, EPSTEEN, HERING & LOWE, CHARTERED   
                     135 South La Salle Street, Suite 1040 
                         Chicago, Illinois 60603-4295   
                                (Cook County)   
                            Telephone: 312-263-6300 
                               Fax: 312-263-0415 
 
RATING: AV 
 
PRACTICE:  ...............Immigration....................
 
PERSONNEL: Clyde O. Bowles, Robert G. Epsteen, Glenn Z. Hering (Of Counsel, 
Advokatgruppen i Stockholm AB, Stockholm, Sweden), Thomas M. Keating, Jung Y. 
Lowe 
  
Counsel: Malcolm A. Chandler (Also practicing individually) 
  
Of Counsel: Lynne R. Ostfeld, Arnold A. Silvestri 
 
FIRM-LANGUAGES:   Chinese,  Czech, English, French and German. 
 
                         BURDITT & RADZIUS, CHARTERED   
                                   Suite 2600 
                             333 West Wacker Drive 
                         Chicago, Illinois 60606-1218   
                                (Cook County)   
                            Telephone: 312-781-6633 
                                       G3 
                               Fax: 312-781-6630 
 
RATING: AV 
 
PRACTICE: ...................Immigration.............
 
FIRM-LANGUAGES:  Spanish, Greek,  Chinese,  German, Italian, Portuguese, Dutch,
 
French, Japanese and Ukrainian. 
 

From lads-l@spike.rice.edu  Fri Mar  4 16:39:26 1994
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: [ LAD approved as of March 1st! (fwd)]
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 




Messages forwarded by Mi Mi Sr.

Congrtulations! 


====================================================

Hi, LAD NETers

My wife received her Approval letter today(3/3) from INS in Grand Portage,
Minnesota. The approval date was March 1.

We filed the application on August 2 (the first day when the filing was
open) at the Minneapolis INS(not Grand Portage!). Every required document was
submitted, including the medical exam. Since then, we called the Mpls INS
several times, and was told no action will be taken untill cutoff date
move to July 2; and no interview might be needed.

The approval letter is not a I-797, just a piece of computer paper, asking
my wife to go to Mpls INS to have I-89 done, and should expect to receive the
card in six months.

Good luck to every one.


Dabin Zhu
U of Minn.





From lads-l@spike.rice.edu  Fri Mar  4 17:15:04 1994
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Date: Fri, 4 Mar 94 17:15:04 CST
Message-Id: <9403042247.AA18608@lucerne.rice.edu>
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From: Jun Wu <snow@lucerne.rice.edu>
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Subject: forwarded mail ...
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi, LAD NETers

My wife received her Approval letter today(3/3) from INS in Grand Portage,
Minnesota. The approval date was March 1.

We filed the application on August 2 (the first day when the filing was
open) at the Minneapolis INS(not Grand Portage!). Every required document was
submitted, including the medical exam. Since then, we called the Mpls INS
several times, and was told no action will be taken untill cutoff date
move to July 2; and no interview might be needed.

The approval letter is not a I-797, just a piece of computer paper, asking
my wife to go to Mpls INS to have I-89 done, and should expect to receive the
card in six months.

Good luck to every one.


Dabin Zhu
U of Minn.

From lads-l@spike.rice.edu  Sat Mar  5 17:39:38 1994
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From: Jun Wu <snow@lucerne.rice.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Houston INS
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

	Houston INS is also procssing LAD's applications. My wife
received her approval notice yesterday, dated back to March 2nd.
Besically since she had interview in Housotn last Nov., the letter
is just a notice with a stamp similar to the one we had on our
passport. Since she has done I-89 last Nov., nothing needs to
be done now except setting back and wait for the real card I guess.

Jun

From lads-l@spike.rice.edu  Sun Mar  6 19:14:16 1994
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From: Chen Wang <wangc@nextwork.rose-hulman.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: sign off
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Thank you very much for all your help. Please sign me off the list.


From lads-l@spike.rice.edu  Sun Mar  6 22:17:38 1994
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Date: Sun, 6 Mar 94 22:17:38 CST
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Sign off messages:
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


Again and again, many netters send sign-off messages to me or the whole net.
Lads-l is a listserv, which has very limited volunteer manpower and resources.
Mi Mi Sr. has no power over the sign-off procedures, all the sign-off work
has to be done by the system manager, Jun Wu in particular, who is now no 
longer working/studying at the Rice University, in his precious spare time,
if all our leaving netters refuse to sign-off by themselves. Since the start
of the network, lads-l committee members have spent huge amount of time to
serve the whole community, voluntorily. It maybe impolite to say so, but, just
as you dinning out in the McDonalds, please clean up for yourselves when you 
finish eating, be respecteful to the volunteers who have served you for FREE,
to your fellow netters who are receiving your sign-off garbages spread all
over the network. Please follow the sign-off messages attached to this mail.

Mi Mi Sr.


%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%   
% Mr. Mi Mi, Sr., Member of Lads-Net Committee                %
%                 & In-State-Tuition Task Force               %       
% Sign on/off at listserv@spike.rice.edu, with mailbody as:   %
%    sub lads-l Firstname Lastname, or signoff lads-l         %
%    sub tuition-l Firstname Lastname, or signoff tuition-l   %
% Post at lads-l@spike.rice.edu, or tuition-l@spike.rice.edu  %
% Anonymous ftp at spike.rice.edu, in /lads/ or /tuition/     %
% Sign our petition letter at lads-sig@spike.rice.edu.        %
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

From lads-l@spike.rice.edu  Mon Mar  7 06:09:50 1994
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Date: Mon, 7 Mar 94 06:09:50 CST
Message-Id: <199403071204.AA05822@uxa.cso.uiuc.edu>
Errors-To: lads-request@spike.rice.edu
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From: Huirong Zhu  <hzg9064@uxa.cso.uiuc.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Any one know visa # for March?
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Does any one know visa # for March?  Specifically, is it open for
the EB3 with priority date July-1?
--Huirong Zhu
--hzg9064@uxa.cso.uiuc.edu

From lads-l@spike.rice.edu  Mon Mar  7 09:10:51 1994
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Message-Id: <9403071508.AA08451@summit.ATMOS.ColoState.Edu>
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From: Ping Ding <ping@summit.atmos.colostate.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Do all LAD get approval letters?
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi, there, we belong to Denver INS. Up to I know,
almost all lad got their approval letters around here,
but we don't get anything from INS. I wonder if there is
any LAD who don't get letters from INS either?

ping

From lads-l@spike.rice.edu  Mon Mar  7 10:07:05 1994
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From: gary@ipc7.rad.rpslmc.edu (Gary)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: LAD approval in Chicago
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi, Has any LAD got approval in Chicago aera?

GH 3/7/94

From lads-l@spike.rice.edu  Mon Mar  7 13:33:57 1994
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Date: Mon, 7 Mar 94 13:33:57 CST
Message-Id: <9403071927.AA03211@sunchem.chem.uga.edu>
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From: xliang@sunchem.chem.uga.edu (Xihui Liang)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Lads processing
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi, there:

The following is the content of a letter from the Atlanta INS.  Can someone
see what kind of letter it is?  Seems it is not an approval letter.  But 
then what status a lad is when he/she receives this letter.  Note that
the last sentence, which I put in paranthesis, was printed but crossed out.
Can anyone bring up an approval letter here?

Letter begins:

Form I-181b

The processing of the application for adjustment of status to that of 
permanent resident filed by the above named individual has been completed.
(A request has been forwarded for the allocation of a visa number.)

From lads-l@spike.rice.edu  Mon Mar  7 15:33:35 1994
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Date: Mon, 7 Mar 94 15:33:35 CST
Message-Id: <9403072127.AA29017@med2s0.engr.ccny.cuny.edu>
Errors-To: lads-request@spike.rice.edu
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Lads processing
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

I can see that it is a approval letter, just does not offer immediate visa
number and then the green card. After some early birdies have taken their
bites into the limited China's quota pot, the rest have to sit back and
wait for the next feeding turns!
Anyway, cards are flying to lads' hands! Cheers!

Mi Mi Sr.


============================================================
   Date: Mon, 7 Mar 94 13:40:11 CST
   Reply-To: xliang@sunchem.chem.uga.edu
   Originator: lads-l@spike.rice.edu
   Sender: lads-l@spike.rice.edu
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   From: xliang@sunchem.chem.uga.edu (Xihui Liang)
   X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
   X-Comment:  Late-Arrival-DependentS-List 

   Hi, there:

   The following is the content of a letter from the Atlanta INS.  Can someone
   see what kind of letter it is?  Seems it is not an approval letter.  But 
   then what status a lad is when he/she receives this letter.  Note that
   the last sentence, which I put in paranthesis, was printed but crossed out.
   Can anyone bring up an approval letter here?

   Letter begins:

   Form I-181b

   The processing of the application for adjustment of status to that of 
   permanent resident filed by the above named individual has been completed.
   (A request has been forwarded for the allocation of a visa number.)


From lads-l@spike.rice.edu  Mon Mar  7 18:57:14 1994
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Subject: Re:  Lads processing
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

> Hi, there:
> 
> The following is the content of a letter from the Atlanta INS.  Can someone
> see what kind of letter it is?  Seems it is not an approval letter.  But 
> then what status a lad is when he/she receives this letter.  Note that
> the last sentence, which I put in paranthesis, was printed but crossed out.
> Can anyone bring up an approval letter here?
> 
> Letter begins:
> 
> Form I-181b
> 
> The processing of the application for adjustment of status to that of 
> permanent resident filed by the above named individual has been completed.
> (A request has been forwarded for the allocation of a visa number.)



The Charlotte INS sent out the exact same letter as above.

From lads-l@spike.rice.edu  Mon Mar  7 19:14:41 1994
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Subject: interview
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Many mail about reciept. Can someone tell me that interview is needed
for lads?
Zhang       

From lads-l@spike.rice.edu  Mon Mar  7 21:30:27 1994
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From: xqin@orion.it.luc.edu (Xi Qin)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: INS cables
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


Hi,
    Besides of the monthly logs we have on the network, is there any way
we can download all the rules and cables related to CSPA and lads?  I
need the original documentations.
    Thank you in advance!!!

From lads-l@spike.rice.edu  Mon Mar  7 21:41:53 1994
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: EIC for lads
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 



   Hi, just want to share with you a piece of information. Since the tax 
   season begins, many CSPA PR and lads are preparing to file their 1993
   tax return. As a PR, we can not use 1040NR, or, at least we have to use
   dual status to file. But, filing as residents have some advantages. If
   the whole family's income is under some $23,000, you may claim EIC for 
   your minor kids (Earned Income Credits) up to $2,300. In other words,
   instead of paying federal tax, IRS will PAY you some for your kids. This
   is FYI. Ask your accountants for details. Mi Mi Sr. bears no reponsibilities
   of any kind for any information provided here.

   Cheers!


   Mi Mi Sr.



From lads-l@spike.rice.edu  Mon Mar  7 21:51:26 1994
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Subject: LAD in Buffalo area
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi,
Does anybody from Buffalo area get any thing from INS about
LAD processing (interview, approval etc.)? I have filed for
my wife in August, since then we didn't get anything from INS.

Thanks in advance.

ZHM

From lads-l@spike.rice.edu  Tue Mar  8 07:04:04 1994
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From: jdong@eng2.uconn.edu (Jian Dong)
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Subject: LAD
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi,
Does anybody from Louisville, Kentucky area get any thing from INS about LAD
processing? Please post some information if you know anything.

Thank you.

JD

From lads-l@spike.rice.edu  Tue Mar  8 08:17:16 1994
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X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Does LADS from INS Memphis, Tennessee get anything about LAD
processing? Please post the current information as you know.

Thank you.

SSX

From lads-l@spike.rice.edu  Tue Mar  8 10:09:38 1994
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: EIC for lads
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


Got some responses and corrections:

JIA_Z@****.***.***.edu wrote:

> "$2,300" should be 1,434 for one child / $1,511 for two children.

Thanks for the correction. In order to claim it, you should use 1040 or 
1040A which includes EIC schedule. 1040EZ does not have EIC schedule.

$1,511 is for two or more children. Say, if you have ten kids, the amount
is still $1,511. You can have it added to your paycheck.

You can even have rental credits.

AXHC@****.***.edu wrote:

> IS THE EIC CONSIDER AS PUBLIC ASSISTANT?

I believe it is not. If it is, so what? There are lots of benefits
designated for low-income families, no matter if they are Citizens 
or PRs. If you qualify, take it. You will pay back much more when
you graduate and find a job.

Also instead of being subject to the in-state-status when we pay the 
tuition, we can also apply for the Federal Assistantship, loans, grants
for our study. Loans have no interest, grants are give away, and you do 
not have to pay back. They are not considered as PUBLIC ASSISTANT. Just
incentives for you to stay in school.

Cheers!


Mi Mi Sr.


From lads-l@spike.rice.edu  Tue Mar  8 11:01:13 1994
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From: Wenjing Liu <liuwenji@student.msu.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: LAD approval letter from Detroit
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

I just received the approval letter for green card application as a CSPA LAD.
The letter dated back Mar.2nd.

I filed the apllication early August last year with Detroit INS, and had an
interview and figerprinting in November.

Good luck to all LADs out there, especially in Detroit area.

from Michigan State University1

From lads-l@spike.rice.edu  Tue Mar  8 11:06:37 1994
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From: dwang@iphase.com (David Wang)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: INS CSPA update log
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi, 

To establish a "INS CSPA update log" is a very good idea. It will let
everyone have a weapon to fight for our right.

David Wang

According to Xi Qin:
>
>
> Hi,
>     Besides of the monthly logs we have on the network, is there any way
> we can download all the rules and cables related to CSPA and lads?  I
> need the original documentations.
>     Thank you in advance!!!
>

-- 

From lads-l@spike.rice.edu  Tue Mar  8 13:43:42 1994
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X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 










To: lads@lucrene.rice.edu
Subject: lad approvel

I am lad in Baltimore area. I got my green card approvel notice at March 1 even without interview. Yesterday I went to Baltimore INS to do my I-89. The officer  told me I would receive my real green card in 2-4 month. I hope every lad will receive his approvel notice pretty soon. Good luck to every one.



From lads-l@spike.rice.edu  Tue Mar  8 14:11:29 1994
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From: s3c100ue@cs.ukans.edu
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Subject: Greencard Program?!
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi, I came across a piece of ad in newspaper.  It goes like this:

DV-1 Greencard Program.  Sponsored by US Immigration.  Greencards provide
US permanent resident status.  Citizens of almost all countries are
allowed.  ... ...

Does anybody know what this is?  Thanks.

EU

From lads-l@spike.rice.edu  Tue Mar  8 16:04:28 1994
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From: Xiaodong Song <song@seismo.gps.caltech.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: is tuition tax deductible?
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Mi Mi Sr.,

I am a PR now and I am filing 1040 this year. Is my tuition
tax-deductible or can I claim tax credit for it? If yes,
where should I claim it. I don't see any appropriate item
to fill in.

thanks a bundle.

From lads-l@spike.rice.edu  Tue Mar  8 17:04:00 1994
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: is tuition tax deductible?
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Xiaodong Song wrote:

/   Mi Mi Sr.,
/
/   I am a PR now and I am filing 1040 this year. Is my tuition
/   tax-deductible or can I claim tax credit for it? If yes,
/   where should I claim it. I don't see any appropriate item
/   to fill in.
/
/   thanks a bundle.

If you are a degree candidate, probably YES. See Instructions for Form
1040A, pp. 24, scholarships and fellowship grants.

Mi Mi Sr.



From lads-l@spike.rice.edu  Tue Mar  8 17:29:57 1994
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From: HUA <HUA@neu.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Re:Greencard Program?!
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

I think it means the so called Green card lottery program. It was introduced 
for Irish years ago, and later expanded for most European countries. It is up 
dated in Capital Hill these days to include more countries and regions. I was 
told Taiwan is included now. I don't know if mainland China is or not. The 
program allow people in certain countries to get Green card by lottery method.
Just FYI, contact your lawyer for detail.

Hua
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
s3c100ue@cs.ukans.edu wrote:

>Hi, I came across a piece of ad in newspaper.  It goes like this:

>DV-1 Greencard Program.  Sponsored by US Immigration.  Greencards provide
>US permanent resident status.  Citizens of almost all countries are
>allowed.  ... ...

>Does anybody know what this is?  Thanks.

>EU

From lads-l@spike.rice.edu  Tue Mar  8 19:38:27 1994
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From: "yuchi chen" <ychen@math.princeton.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: tax
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


There were some argument about CSPA filing as dual status.  Does anyone
has idea how it is settled?

The argument came out when Mi Mi Sr. said that we can file dual status.
Some one came out and said that we cannot file as dual status because
we have no intention to leave US.

Someone has new comment?

From lads-l@spike.rice.edu  Wed Mar  9 08:46:12 1994
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Subject: tax
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Could anybody help me to answer the following questions?
1. Can a LAD still take $5000 tax deduction if the lad keeps student
status?
2. If a LAD can deduct thsi $5000, can they file 1040EZ or they have to
use 1040NR?
Thanks a lot,

From lads-l@spike.rice.edu  Wed Mar  9 08:54:02 1994
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From: zzsu@acc.wuacc.edu (J Su)
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Subject: Greencard lottory
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


Somebody asked about the greencard lottory program, here is the answer:


The AA-1 Immigrant Visa Lottery Program

1. Who qualifies for to request or apply  for registration ?
                        ----------------
Natives of the following countries :
Albania, Algeria, Argentina, Austria, Belgium, Canada, Czechoslovakia,
Denmark, Estonia, Finland, France, Guadaloupe, New Caledonia, Germany,
Great Britain, Northern Ireland, Bermunda, Gibraltar, Hungary, Iceland,
Indonesia, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania,
Luxembourg, Monaco, Netherlands, Norway, Poland, San Marino, Sweden,
Switzerland, Tunisia.

2. How and when ?
The application period for registration for the visa to be issued during
fiscal year 1992 will begin at 12:01 a.m. Washington D.C. time on
Wednesday, July 29,1992 and will end at 12:00 p.m. midnight on Friday,
August 28,1992. Application must be mailed to the following address :

AA-1 Program
P.O. Box 1992
Dulles, VA 21301-1993
U.S.A.

Typed or clearly printed at the upper left hand corner of the front of the
envelope must be the applicant's native country or area (from the list above).
Below the country must be the name and mailing address of the applicant as
they are shown on the application.

example 


       --------------------------------------------------------------
       | Northern Ireland                                 postage   |
       | George Q. Public                                           |
       | 1234 Any Street, Apt 5                                     |
       | Genter City, NJ 10001                                      |
       |                                                            |
       |                                                            |
       |                   AA-1 Program                             |
       |                   P.O. Box 1993                            |
       |                   DULLES, VA 21301-1993                    |
       |                   U.S.A.                                   |
       |____________________________________________________________|


3. Only one application may be submitted by or for each applicant during 
this registration period. Applictions for registration will be selected in
a random order from among all of those received during the specidied period.

4. Applications must be sent to the address above by regular mail or air
mail, and may be mail from within the United States or from abroad. Any
mail requiring signed receipts such as registered mail, hand-delivered
applications, telegrams or applications sent by courier or any other means
will NOT be eligible for the visa lottery. Applications received at the
post office box before or after the application period or delivered to
any other address will NOT be considered for registration. Only one 
application may be included in each envelope.

5. Size of envelope in which each application is mailed must be between
6 inches and 9.5 inces in length and between 3.5 inches and 4.5 inches in
width.

6. What information must be included on the application for registration?
There is no special application form. Simply use a sheet of paper and 
type or clearly print in the roman alphabet the following format :

a. Applicant's full name
   Last name, First name and Middle Name
   Underline last Name                      example : Public, George Quincy
   -------------------                                ------

b. Applicant's Date and place of birth
   Date of Birth: Day, Month Year.          example : 15 November 1961
   Place of Birth: City/Town, District/County,Province, Country  
          example : Toronto, Ontario, Canada
c. Name and date and place of birth of applicant's spouse and children
   if any
   Spouse and child does not need to be born in the same country
   child must be under 21 years of age and unmarried
   DO NOT list parents as they are not entitled to derivative status
d. Applicant's mailing address
   a telephone number is optional
e. United States Consular Office to which visa registration should be sent

7. Person who claim alternate foreign state chargeability should also include
                    =====================================
   a statement to that effect on the application.   Alternate foreign state
   chargeability will be explained later.

8. It is not necessary to include an offer of employment with the request
   for registration right now, but chosen applicants who will register for
   the AA-1 status will need to present an offer of employment in the
   U.S. at the time of formal visa interview. There is no fee for submission
   of request for registration, but a winning applicants who will register
   will need to pay a $25 registration fee when they turn in their registration 

9. How is term NATIVE defined ?
   Native means both someone born within one of the countries listed and 
   someone entitled to be charged to such country under the provisions of
   seciont 202(b) of the Immigration and Nationality Act. An applicant for
   AA-1 registration may be charged to the country of birth of a spouse;
   a child can be charged to the country of birth of a parent; and an 
   applicant born in a country of which neither parent was a native or a
   resident at the time of his/her birth may be charged to the country of
   birth of either parent. An applicant who claims the benefit of alternate
   chargeability must include a statement to that effect on the application
   for registration, and must show the country of chargeability on the
   upper left hand corner of the envelope in which the registration request
   is mailed.

10. Changes of boundaries of qualifying country :
   for a person to be considered to have been born in a qualifying country,
   the place of birth must be within the boundaries currently recognized
   by the U.S.

11. Applicant may be in the U.S. or in another country, application may be
   mailed in the U.S. or abroad.

12. Each applicant is limited to only 1 application

13. husband and wife may each submit one application/request for registration,
    if either is registered (chosen), the other would be entitled to 
    derivative status.

14. Applicants may prepare and submit their own request for registration,or
    have someone act on their behalf. Regardless of who submit the application,
    1 registration is limited per person.  There is no requirement that an
    applicatn sign the registration request. Only one notification letter
    will be sent for each case registered to the address on the application

15. an offer of employment should not be submitted as part of the request
    for registration. Applicants who are successfully registered for AA-1
    status will need to present an employment offer at the time of visa
    issuance. Applicants must submit evidence of a commitment for FULL-time
    employment in the U.S. at the visa interview. Two or more part-time jobs
    will meet this requirement if taken together, tehy constitute full-time
    employement, as long as the applicant submits letters from each employer
    supporting the job offer. The offer may come from a business or any
    other institution or organization in the United Staes, or from a private
    individual. Evidence of existing self-employment in the United Staes can
    meet the offer of the employment requirment; a plan to create one's own
    business in the futre, even in the immediate future, would not qualify,
    however.

16. How will cases be registered ?
all mail received will be individually numbered. After the end of the 
application period, a computer will randomly select cases from among all the
mail received. The first letter randomly selected will be the first case
registered, the second letter second, etc. It makes no difference whether
an  application is received early or late in the application period. When a
case has been registered, the applicant will immediately be sent a
notification letter, which will provide appropriate visa application 
instructions. The registration will at the same time be forwarded to the
consular office which will process the case; all subsequent visa processing
information will be obtained by the applicant directly from that consular
office

17. Applicatns who are NOT registered (did not win the lottery) will receive
no response to their registration request. Anyone who does NOT receive a
letter within 3 months after the application period will know that his/her
application has not been registered.

18. How many will be registered ?
A total of about 50,000 persons, both principal applicants and their spouses
and children will be registered. It is likely that some of the first 40,000
persons who are registered will not pursue their cases to visa issuance, this
larger number should ensure use of all AA-1 number, but it also risks some
registrants being left out. The law specifies that at least 40% (16,000) of
each year aa-1 visa are to made availabe to natives of Ireland.

19. there is no minimum age requirment, but the employment commitment 
requirement will effectively disqualify anyone who is under the legal 
working age.

20. a 25$ fee per case registered will be collected by the consular office 
to which the case is sent for processing, when the applicant responds to
the registration notification letter.

21. The law states that , for AA-1 visa applicants, the INS shall waive
the ground of visa ineligibility based on misrepresentation on an 
application for a visa or for entry into the US, unless there is a finding
that such waiver is not in the national interest. In addition, the law
automatically waives the two year foreign residence requiremnt on certain
former exchange visitor (j) visa holders under INA 212(e). Also the
requirement for a labor certification does not apply. In all other respects,
persons registered under the AA-1 program must meet the standard eligibility
requirements before a visa can be issued.

22. applicants who are already registered for an immigrant visa in another
category may apply for this registration . 

23. persons registered are entitled to apply for visa issuance ONLY during
fiscal year 1993. There is no carry-over benefit into another year for persons
who are registered but who do not obtain visas during FY-1993.


disclaimer :Neither I or the company is  responsible for any typo errors. 
for further information consult your immigration lawyer or call the INS office.
This is posted solely for your information, and neither I or the company 
bears any legal interest or responsibility for it. 





From lads-l@spike.rice.edu  Wed Mar  9 14:13:31 1994
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Date: Wed, 9 Mar 94 14:13:31 CST
Message-Id: <199403092008.OAA21647@bach.convex.com>
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From: guo@bach.convex.com (Yi Guo)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Re: tax ($5,000 treaty deduction ?)
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

| Could anybody help me to answer the following questions?
| 1. Can a LAD still take $5000 tax deduction if the lad keeps student
| status?

  If the LAD was not a PR during the year 1993, he/she can still enjoy the
  $5,000 tready deduction.  The IRS helpline answered this to me lately.

| 2. If a LAD can deduct thsi $5000, can they file 1040EZ or they have to
| use 1040NR?

  I used 1040EZ to file joint return (I got my PR last year).  This way I can
  use the $5,000 from my wife. :-)

| Thanks a lot,
| 

From lads-l@spike.rice.edu  Wed Mar  9 15:46:32 1994
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Date: Wed, 9 Mar 94 15:46:32 CST
Message-Id: <9403092143.AA11668@summit.ATMOS.ColoState.Edu>
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From: Ping Ding <ping@summit.atmos.colostate.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: LAD approval letter!
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

My wife has got her approval letter from INS, but I am 

not going to sign off. What I want to say is thinking twice
before your sign off. This LAD-net gives us LAD related people
a big help. If your LAD has got approved, please share your 

experience and knowledge with others. We can also exchange
a lot of information here.
Good luck to everybody!

ping 

From lads-l@spike.rice.edu  Wed Mar  9 16:06:21 1994
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From: shengj@acf2.nyu.edu (Jia (Jonathan) Sheng)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: For those who haven't received GC
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi, for those who haven't received Green Card, there is a number you
can call: (214)655-1500.

BTW, does anyone know what form I-181 is?

Jonathan

From lads-l@spike.rice.edu  Wed Mar  9 16:31:59 1994
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From: shengj@acf2.nyu.edu (Jia (Jonathan) Sheng)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: A Important Number
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi, the number I posted before is the number of the Immigration Card Facility.
Those who have not received GC can call the number to check the status
of your card production. Please have your A# ready before you call.
Once again, the # is: (214)655-1500
Jon

From lads-l@spike.rice.edu  Wed Mar  9 19:53:01 1994
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Message-Id: <199403100147.TAA02074@bach.convex.com>
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From: guo@bach.convex.com (Yi Guo)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Re: tax ($5,000 treaty deduction ?)
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Thanks Pal.  I really think your posting made the point.  Sorry I may have
dispersed wrong info to all of you folks out there.  Although I told you what I
was told by the IRS helpline lady, I really cannot stick to that with your more
authoritive source (the IRS helpline lady sounded to me not very much familiar
with the alien filings, maybe she made a mistake which was cherished by me).

For single returns, what Zhou Chen had said is correct and directly applicable.
For joint returns, just a bit more corrected thinking to augment the principle
outlined by Zhou:
For a PR with a spouse which was not a PR during the past year, they can elect
to:
	1) The LAD spouse file 1040NR to claim the treaty deduction and U.S.
   	   exemption. 
	   The PR file 1040NR and form 8xxx for dual status filing to claim
	   partial treaty deduction and partial U.S. exemption.  And file
	   1040EZ to claim partial standard deduction and U.S. exemption.
	   (I may be wrong in the detail of this).
	   This is what is called married couple filing separately.
        2) The couple file 1040EZ jointly, claiming the combined amount allowed
   	   for a couple (standard deduction and exemption).  The amount this
	   year is $10,900 allowed.
	   This way, the LAD spouse cannot use the $5,000 treaty deduction
	   towards his/her part of income; the PR cannot use partial treaty
	   deduction as is possible if filing dual status.
	   Joint filing is allowed in this case because the PR can drag along
	   the LAD spouse filing jointly (refer to Publication 519 for
	   details).

For those married folks with LAD spouse (whom I believe are the main
constituents of this group), you may do a bit calculation on which way to
choose: 
Suppose your income is X, and your LAD spouse' income is Y:
	The taxable income under choice 1) is:
           X - <partial treaty deduction> - <partial standard deduction> 
	   - exemption
           + max((Y - 5,000), 0) - exemption
	The taxable income under choice 2) is:
           X + Y - 10,900

Therefore if your LAD spouse' reported income is not significant compared with
$5,000, choice 2) maybe your pick since you can claim all of your LAD spouse'
standard deduction and exemption compared with the choice one that you can only
claim your part of the partial treaty deduction, partial standard deduction,
and exemption (which I believe will be less than 10,900).

Thanks again, Pal!

Zhou Chen wrote:
| Hi, pal, I think you made a mistake.
| Last month in a seminar held by IRS in our university, the IRS person said
| that you cannot use $5000 deduction in any of 1040EZ, 1040A and 1040 because these forms are for PR or citizens, while tax treaty is for non-residence aliens.
| If you want to use $5000 deduction, you have to use 1040NR. Even if you want to file a dual-state tax return, you have to file both 1040NR for the $5000 in the 
| first half year and 1040EZ or 1040A for the second half year. For Lad, I think they should file 1040NR because they were not PR in 1993 and they can use the $5000 deduction. For PR(single, under CSPA), dual-state is a good way to file tax
| return, but you have to file 1040EZ and 1040NR(and another form called 8xxx, I 
| forgot the exact name). 

From lads-l@spike.rice.edu  Wed Mar  9 19:59:27 1994
Received: from  (LOCALHOST.rice.edu) by spike.rice.edu (AA18313); Wed, 9 Mar 94 19:59:27 CST
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From: guo@bach.convex.com (Yi Guo)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: claim dependents ?
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

>From last week's (or the week before last week) U.S. News and World Report,
there is a section on tax tips for 1993 tax filing.  It said that you can claim
your parents, children as dependent even if they don't live with you.  

A question on this:
Do family members in China qualify for the dependent claim?  If so, I believe
many of us can write off some additional amounts in the tax returns.  What are
the provisions to claim someone as dependents?  What proof is needed to show
the claim (if a tax audit is performed)?

Thanks for any replies!

From lads-l@spike.rice.edu  Wed Mar  9 20:02:41 1994
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Date: Wed, 9 Mar 94 20:02:41 CST
Message-Id: <9403100152.AA06234@med2s0.engr.ccny.cuny.edu>
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: tax
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


As tax return 1993, we have three choices:

1) Resident, 2) Non-Resident, 3) Dual-Status.

I just read an article on WJ. He says 2) is tricky because INS may think
you do not intend to stay in this country, and revoke your GC. 3) is possible
and IRS may not question but there is no garantee that you will safely getaway
with it. In other words, there is no clear line on if you may or may not use
it, it is "grey". 3) is the safest way to do things. 

I am suggesting that, you should carefuly weigh the profit and the risk before
you file. If it is not worth taking the risk, you had better do 3) for safety 
reasons.

BTW, this is probably the very first year for us to file tax return as a 
resident. Start with a good record is important for us. Besides, for some of 
us, we may claim some benefits, up to $2360 if our income is lower than
$23050. (Kids EIC is $1511, I will explore where the rest come from. This 
info comes with my utility bill). 

If you have a mistake, INS will keep picking you up for many years!

Mi Mi


From lads-l@spike.rice.edu  Wed Mar  9 20:21:50 1994
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Date: Wed, 9 Mar 94 20:21:50 CST
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From: guo@bach.convex.com (Yi Guo)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Re: tax
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Mi Mi wrote:
| As tax return 1993, we have three choices:
| 
| 1) Resident, 2) Non-Resident, 3) Dual-Status.
| 
| I just read an article on WJ. He says 2) is tricky because INS may think
| you do not intend to stay in this country, and revoke your GC. 3) is possible

  I heard such sayings too.  Better stay away from this scheme for immigration
  purposes.  You tax filing record may be used later.  Don't embarrass yourself
  when the heat comes.

| and IRS may not question but there is no garantee that you will safely getaway
| with it. In other words, there is no clear line on if you may or may not use
| it, it is "grey". 3) is the safest way to do things. 

  Do you mean 1) is the safest way to do things?

| 
| I am suggesting that, you should carefuly weigh the profit and the risk before
| you file. If it is not worth taking the risk, you had better do 3) for safety 
| reasons.
  
  Again, is it 1)?  

| 
| BTW, this is probably the very first year for us to file tax return as a 
| resident. Start with a good record is important for us. Besides, for some of 
| us, we may claim some benefits, up to $2360 if our income is lower than
| $23050. (Kids EIC is $1511, I will explore where the rest come from. This 
| info comes with my utility bill). 

  What is the $2360? And does the income mean taxable income after all
  write-offs?  Or just the w-2 taxable income?

| 
| If you have a mistake, INS will keep picking you up for many years!

  This is for sure.  Better safe filing.  As just started, you may not take any
  risk to invite endless audits.

From lads-l@spike.rice.edu  Wed Mar  9 20:39:06 1994
Received: from  (LOCALHOST.rice.edu) by spike.rice.edu (AA18570); Wed, 9 Mar 94 20:39:06 CST
Date: Wed, 9 Mar 94 20:39:06 CST
Message-Id: <9403100233.AA06436@med2s0.engr.ccny.cuny.edu>
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: tax
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


sorrry for the typo:

   it, it is "grey". 3) is the safest way to do things. 
 ____________________| ->1)
   I am suggesting that, you should carefuly weigh the profit and the risk before
   you file. If it is not worth taking the risk, you had better do 3) for safety 
   ----------------------------------------------------------------| ->1)
   reasons.

   BTW, this is probably the very first year for us to file tax return as a 
   resident. Start with a good record is important for us. Besides, for some of 
   us, we may claim some benefits, up to $2360 if our income is lower than
   $23050. (Kids EIC is $1511, I will explore where the rest come from. This 
   info comes with my utility bill). 

   If you have a mistake, INS will keep picking you up for many years!

   Mi Mi



From lads-l@spike.rice.edu  Wed Mar  9 20:47:21 1994
Received: from  (LOCALHOST.rice.edu) by spike.rice.edu (AA18628); Wed, 9 Mar 94 20:47:21 CST
Date: Wed, 9 Mar 94 20:47:21 CST
Message-Id: <9403100241.AA06472@med2s0.engr.ccny.cuny.edu>
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: tax
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


Thanks for your corrections! I really meant 1) as you questioned. Sorry for 
the typo. The $23,050 means the total income. Otherwise you income will be
well over $30,000 and to be considered as a middle class.

Mi Mi Sr.

===============   Yi Guo wrote:================================

   Mi Mi wrote:
   | As tax return 1993, we have three choices:
   | 
   | 1) Resident, 2) Non-Resident, 3) Dual-Status.
   | 
   | I just read an article on WJ. He says 2) is tricky because INS may think
   | you do not intend to stay in this country, and revoke your GC. 3) is possible

     I heard such sayings too.  Better stay away from this scheme for immigration
     purposes.  You tax filing record may be used later.  Don't embarrass yourself
     when the heat comes.

   | and IRS may not question but there is no garantee that you will safely getaway
   | with it. In other words, there is no clear line on if you may or may not use
   | it, it is "grey". 3) is the safest way to do things. 

     Do you mean 1) is the safest way to do things?

   | 
   | I am suggesting that, you should carefuly weigh the profit and the risk before
   | you file. If it is not worth taking the risk, you had better do 3) for safety 
   | reasons.

     Again, is it 1)?  

   | 
   | BTW, this is probably the very first year for us to file tax return as a 
   | resident. Start with a good record is important for us. Besides, for some of 
   | us, we may claim some benefits, up to $2360 if our income is lower than
   | $23050. (Kids EIC is $1511, I will explore where the rest come from. This 
   | info comes with my utility bill). 

     What is the $2360? And does the income mean taxable income after all
     write-offs?  Or just the w-2 taxable income?

   | 
   | If you have a mistake, INS will keep picking you up for many years!

     This is for sure.  Better safe filing.  As just started, you may not take any
     risk to invite endless audits.


From lads-l@spike.rice.edu  Wed Mar  9 20:58:50 1994
Received: from  (LOCALHOST.rice.edu) by spike.rice.edu (AA18700); Wed, 9 Mar 94 20:58:50 CST
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: tax ($5,000 treaty deduction ?)
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


Some time the IRS officer is not familiar with your case, and may give you
wrong info. But YOU ARE the person who is responsible for filing 1040??
Remembered I consulted an IRS officer at a community center when I first came
here. Then I did all what he told me for years after that. I went on without
any trouble until one day, IRS began to question me. It was the first time I
went through the treaty carefuly and picked up verses to defend myself. Finally
IRS agreed with my new argument and let me go. That means what the officer
had told me was wrong. If I had evaded tax, the punishment would be MINE, not 
his.

Be careful on this. Look out, guys!

Cheers!

Mi Mi Sr.


From lads-l@spike.rice.edu  Wed Mar  9 21:15:41 1994
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Date: Wed, 9 Mar 94 21:15:41 CST
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From: xliang@sunchem.chem.uga.edu (Xihui Liang)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Address of Senator Nunn requested
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi, there:

Does anyone knows the address for Goergia Senetor Sam Nunn?
Thanks in advance.

XL

From lads-l@spike.rice.edu  Wed Mar  9 23:26:38 1994
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From: YILIN3@ua1vm.ua.edu
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Subject:      completion means approved!
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi, there:

    Just like many others lads who got a letter from local INS after
    interview, I got mine too. If you keep reading mails from lads-l,
    you should have known what the letter says. Good news is... ...

    I checked with my local INS today. The official said the letter
    means you have been approved. So, you got it.

    Congratulation to those who got the letter and good luck to those
    who are still working on it!

--------

Yin Lin
"An Object-Oriented Paradigm for Requirement Specifications"
yilin3@ua1vm.ua.edu
ylin@buster.eng.ua.edu











From lads-l@spike.rice.edu  Thu Mar 10 08:20:50 1994
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From: J Su <zzsu@acc.wuacc.edu>
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Subject: Re: Address of Senator Nunn requested
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 



On Wed, 9 Mar 1994, Xihui Liang wrote:

> Hi, there:
> 
> Does anyone knows the address for Goergia Senetor Sam Nunn?
> Thanks in advance.

Sam Nunn
	303 Dirksen Senate Building
	Washington, DC 20510-1001



From lads-l@spike.rice.edu  Thu Mar 10 08:45:42 1994
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X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi, Guys,

      Is there anyone from Memphis INS received something for LADS. It
      seems that a lot of LADS got approved already. 

      Thank you for your information.

Debang

From lads-l@spike.rice.edu  Thu Mar 10 09:41:34 1994
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X-Comment:  Late-Arrival-DependentS-List 

I got I-824 (filled for LAD in China) approved.  Does any person can 
tell me what will happen after that.  Who know the address of the 
consulate in Guangzhou?  Thank you!  

From lads-l@spike.rice.edu  Thu Mar 10 10:56:07 1994
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From: yangsheng@bigvax.alfred.edu
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Subject: Dual status or Resident alien?
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


Many people had questions about whether a TAship or RAship from graduate 
program can be treated as non-taxable scholarship in full under Sino-U.S. 
treaty.

The Sino-U.S. treaty states that payment for "personal service" has only
the first 5000 deductible. 

Now, is TAship or RAship a qualified-full-tax-exempt income or a 
payment-for-personal-service income?

In Pub. 519, U.S. Tax Guide for Alien, it states that: "You cannot 
exclude from income the portion of any scholarship or fellowship, 
including any tution reduction, that represents payment for teaching, 
research, or other services which the grantor requires as a condition 
for recieving the scholarship or fellowship. This is true even if all 
candidates for a degree are required to perform the services as a 
condition for recieving the degree." (in section "Scholarships and 
fellowship Grants", subtitle "Payment for services")

Also it states: "The rules discussed here apply to both resident and 
nonresident aliens" (in Section "Scholarships and Fellowship Grants")

So, literally, the followings are explicitly considered as "payment 
for services" by IRS rules, not as qualified full-tax-exempt income.

1) the stipend of TAship and RAship. 
2) the amount of tuitions reduced in exchange of doing RA or TA, even 
though you did see it at all.
3) the amount of tuitions paid by professor for you in exchange of doing 
RA or TA.

Please note that labeling a payment as a Scholarship or Fellowship doesn't
guarantee it being exempt from tax. The criterion is that whether it is a 
payment for services or not, in other words, whether there is any form of 
personal service associated with the payment as a requirement. The above 
quoted rules implies that only the part of the Scholarship or Fellowship 
that DOES NOT require any form of service (e.g. teaching, researching, 
etc.) can be tax exempt.

I hate this too. But if you want to know what the rule says. I think 
this is it.

I am not familiar with the exact context of the relevant provisions in 
Sino-US treaty. I hope someone would be able to overrule the IRS rules 
using the Sino-US treaty. The point you need to prove is this: You can 
cite article 20(b) to deduct the amount in full as long as a payment 
is labelled as Scholarship or Fellowship. (The reason that you only 
need prove this is that IRS rules do treat assistantship the same 
catogary as Scholarship)


YSZ

From lads-l@spike.rice.edu  Thu Mar 10 11:11:12 1994
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X-Comment:  Late-Arrival-DependentS-List 



From lads-l@spike.rice.edu  Thu Mar 10 11:16:15 1994
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Subject: Dual status or Resident alien
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


Here is a relative complete answer to the "Dual-status" questions 
raised recently in the net. The info sources are authentic but the 
interpretations are personal. Please let me know if you have different 
interpreations.

I believe the approaches presented here are very safe. Doesn't matter 
which of the following status you end up with to file :
1) resident; 2) nonresident; 3) dual status

1) Source of information
========================
First of all, the rules set forth in Pub. 519, U.S. Tax Guide for Aliens, 
Chatper 1, define very clearly when and how you use dual-status 
for tax purposes.  I strongly recommend everybody in concern to read 
through the chapter very carefully at least once, especially for 
those who never had chance to look at it before. 

While you reading it, I would like to draw your attention to the 
following subjects which I think are most relevant to CSPA students 
as well as first year H-holders: 
	i) Figure A. Nonresident Alien or Resident Alien?
	ii) Exempt individual (under "Substaintial Presence Test" section)
	iii) Residency starting date (subtitle of "First Year of Residency" 
				under "Dual Status" section)


2) Some oversimplified conclusions
===================================
I have seen some people in the net somewhat conclusively say that:
'if you had H-1 longer than 183 days, you should file as dual status,'
or
'if you were a resident for part of the 1993, you should use dual 
status.'

Please do not pass along these sayings without discrimination. They are 
not necessary correct in many cases. Better yet, just forget about these 
conclusions and go to Pub. 519 for the correct answers.


3) The key is the "Residency staring date"
==========================================
To settle whether you CAN or CANNOT use dual status for tax purposes, 
the key is to figure out the "Residency starting date."  Note that 
this term is only meaningful for those people who are in their first 
year of residency (that is, 1993 is the first year they meet the 
criteria of either "Green Card Test" or "Substantial Presence Test"
 or both). 

The rule states: "If you are a U.S. resident for any calendar year, 
but you were not a U.S. resident at any time during the preceding 
calendar year,  you are a U.S. resident only for the part of the 
calendear year that begins on the RESIDENCY STARTING DATE. Before 
that date, you are a non-resident alien." (from Pub. 519, Chapter 1,
 "Dual status" section)

Let me point out the important point implied by the above rule:

If your residency starting date is 1/1/93, then your nonresident 
alien period for 1993 is ZERO. This means that you practically 
become a resident alien for the entire year of 1993 for tax purposes, 
and CANNOT use dual status.


4) How to determine this 'residency staring date"
==================================================
So, how do you figure out your RESIDENCY STARTING DATE?? Here is the 
the rules defined by IRS: (for more complete definition and procedures, 
please see Pub. 519, Chapter 1, and "Dual status" section, 
subtitle "First Year of Residency")

i) If you meet the "Substantial Presence Test", the RESIDENCY STARTING DATE 
is the first date you are present in the States.

ii) If you meet the "Green Card Test," the RESIDENCY STARTING DATE is the
first date you become a lawful Permanent Resident. (see 5) for more)

iii) If you meet the "Green Card Test" AND the "Substantial Presence Test,"
the RESIDENCY STARTING DATE is the EARLIER date determined from i) and 
ii).


5) What date is your first day as PR?
=====================================
If you applied PR on 7/1/93, got the approval notice on 9/25/93, and 
received your green card on 12/5/93, what is your first date as PR?
It is printed on the back of your green card. For example, I have "EC6 
EAC 930927 245 32....", then the starting date for this is 9/27/93.
I confirmed this with INS officer recently.


6) My conclusions
=================
Now, no matter what situtation you have, first thing you have to do is 
find out what was your residency starting date in 1993. Then:
 
If your residency starting date turn out to be 1/1/93, then you 
CANNOT use dual status to file. You can only file as resident alien for 
the entire year of 1993.

If your residency starting date is other than 1/1/93, then you CAN file 
as dual status. For illustrations purposes, let us suppose your 
residency starting date was determined as 8/3/93. In this case, your 
file as a nonresident alien for the period before 8/3/93, and you file 
as a resident alien for the period after 8/3/93.

5) Case illustrations
=====================
 
Case 1:  
-------
Mr. Z was an F-1 student since 1/1/93, on 7/1/93, he applied PR under CSPA. 
He got green card with "XXX XXX 930901 XXX XXX..." printed on the back of 
the card. He didn't leave U.S. for any single day during 1993.

Analysis:
---------
Mr. Z met the "Green Card Test," no doubt about this. His residency 
starting date was then 9/1/93. He doesn't meet the "Substantial 
Presence Test," since there were less than 183 days (!!!) between 9/1/ 
and 12/31/93. (the days as an F, J, M student don't count, see 
"exempt individual", Chapter 1, in Pub. 519). This means he CAN file as 
dual satuts. 

Case 2:
-------
Mr. Y was an F-1 student since 1/1/93. He became H-1B starting 5/1/93. He
didn't leave U.S. for any single day during 1993.

Analysis:
---------
Mr. Y doesn't meet the "Green Card Test". But he met the "Substantial
Presence Test", since the days when he was an H-holder were more than 183
days. (The days as an F, J, M student don't count, see Pub. 519). So his 
residency starting date was 1/1/93, because he was in U.S. starting 1/1/93. 
He also has to fill as a resident alien for the entire 1993, not 
as dual status.

Thanks for sharing your time.

YSZ


From lads-l@spike.rice.edu  Thu Mar 10 11:19:34 1994
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From: wang@cast.uark.edu (Wang Song)
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Subject: Re: Ask for info.
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

	It is a good question. None of LADs here have heard anything from 
Memphis. I am wondering how INS divides the visa quota allocations. Is this
just because they are slow or INS unevenly divides the quota by district ?

	Has anybody tryed to call INS, Memphis office yet ?

Wang
 
> Hi, Guys,
> 
>       Is there anyone from Memphis INS received something for LADS. It
>       seems that a lot of LADS got approved already. 
> 
>       Thank you for your information.
> 
> Debang
> 


From lads-l@spike.rice.edu  Thu Mar 10 11:30:42 1994
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From: "HUA JIANG (508)339-0278" <HUA@neu.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Re:Claim dependent in China
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

According to IRS regulation, the dependents you can claim for your tax 
deduction have to have social security number (unless he/she is a infant
less than 1 years old). And there is a citizenship requirement for dependents
other than spouse and children, i.e. they have to be a US (include permanent 
resident), Mexican or Canadian citizen. But I know some fellow Chinese claimed 
their parents who were visiting them and have SSN as dependents for the tax
purpose and had no trouble yet. Take your own risk if you want go this way.
I don't think one can claim his parents in China as dependents for tax 
deduction at all. You can FTP tax infor package from IFCSS.ORG.

Just my nonprofessional opinion, for you information only, not serve as legal
advice.

Hua
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

>From last week's (or the week before last week) U.S. News and World Report,
>there is a section on tax tips for 1993 tax filing.  It said that you can claim
>your parents, children as dependent even if they don't live with you.  

>A question on this:
>Do family members in China qualify for the dependent claim?  If so, I believe
>many of us can write off some additional amounts in the tax returns.  What are
>the provisions to claim someone as dependents?  What proof is needed to show
>the claim (if a tax audit is performed)?

>Thanks for any replies!

From lads-l@spike.rice.edu  Thu Mar 10 11:44:22 1994
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From: Ping Ding <ping@summit.atmos.colostate.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: LAD status list
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

anybody wants to make a LAD status list for various
local INS?

From lads-l@spike.rice.edu  Thu Mar 10 11:57:54 1994
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From: zhen@jove.rutgers.edu (Zhen Zhang)
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X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 



Congratulations to those LADs who have already had approval or even G.C.!

My LADs passed interview last Nov. with Newark INS and were told to wait for 
visa number. We haven't heard anything since.

Yesterday I called INS Card Facility to see if people there had already get 
something about my LADs from the Newark INS. The automated system told me 
that my LADs' first copy (copy a)  of the Form I-181 had been received,  
but to start manufacture the G.C. they need to receive the approval copy 
(copy c) of the Form I-181 (copy c) and Form I-89 (finger print). My LADs' 
I-89s were done during the interview.

Could someone  shed some light on the functions of the each copy of the Form  
 I-181? Does LAD living in New Jersey get anything from Newark INS after interview?

Your information is highly appreciated!


Z. Zhang

From lads-l@spike.rice.edu  Thu Mar 10 12:31:59 1994
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From: yanghh@cs.utexas.edu (Honghua Yang)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: San Antonio INS and Card facility number
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Hi there,

  My husband is a lad, and he got a letter from San Antonio INS
last week asking him to do the final processing for his card on Mar. 23.
He has already done fingerprints during his interview last Oct.
I guess INS wants him to do it again. I know there are other lads
in Austin, Texas who have not received the recent letter from INS.

 I accidentally deleted the mail that has the INS Card Facility number.
Could someone forward me a copy of that mail?

Thanks,

HHY

From lads-l@spike.rice.edu  Thu Mar 10 12:51:52 1994
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From: qun@chd2c3.engr.ccny.cuny.edu (sean Huang)
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Subject: Interview
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Congratulations to all LADs who have had approval!
I ask lawyer to take care my LAD's I-485. Could you please send some suggestion that it is worth to ask lawyer to take care interview? it is $100.
Some questions are:
1. What documents I should prepare.
2. What questions the INS asks?
3. What problems may be faced with?
Your information is highly appreciated!
S.H.

From lads-l@spike.rice.edu  Thu Mar 10 13:02:45 1994
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From: Ping Ding <ping@summit.atmos.colostate.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: LAD status list
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

This is a LAD status list. I will update it as soon as
I have time and get new information. If anyone thinks this
bothered you, please let me know and I will stop doing this.

ping


Denver,      Colorado  : most(?) LAD got approval letters
Newyork City           : no one (?) got letters   

San Antonio, Texas     : send approval letters to certain people

From lads-l@spike.rice.edu  Thu Mar 10 13:23:49 1994
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From: "Q.Zhu from NYU at Fermilab (708)840-8383" <ZHU@d0sf24.fnal.gov>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: A distribution of priority dates (with lads)
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

	
	Hi, Everybody:

	Nowadays, everybody is talking about getting an approval notice
	for his/her LAD(s). However, it's only for those lucky guys with 
	priority date of July, 1. 

	Does anyone have any ideal what the distribution of priority date
	for all CSPAers with LADs looks like? Am I the only one with a 
	late priority date? 

	The distribution is extremely useful. It helps the unlucky people 
	here --- with late priority dates, to estimate when they might get 
	their approval notices.(How well the prediction goes depends on
	how much information we gather.) It can make a lot of people's 
	life easier --- Think about it: You know roughly when you are expecting 
	your Green card to come while you are waiting. 

	I'd certainly like to initiate the effort to make a distribution of
	priority dates for CSPAers who have LADs. Would you please help me
	on that? --- Since this net has been operated in such a friendly way,
	I'm counting on your helps. It's very improtant to have the people
	who have July 1 priority date to participate in. 
	For people with July 1 priority date: PLEASE HELP THE PEOPLE WITH
	LATER PRIORITY DATES BY LETTING ME KNOW YOU PRIORITY DATE.
	

	Could you ALL take 2 minutes to fill out the following lines and send 
	back to me? My e-mail address is:

			zhu@d0sf24.fnal.gov
	
	Thank you very much in advance.

	Best regards,
	Q.Zhu

----------Please fill in the following lines--------------------------------

************Survey of the priority dates of CSPAers with LADs**************
	Priority date:
	Number of LADs with you: 
	Home state:
	INS office with judiciary over your case:
***************************************************************************

From lads-l@spike.rice.edu  Thu Mar 10 13:49:44 1994
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From: Ping Ding <ping@summit.atmos.colostate.edu>
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: LAD status list
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

This is a LAD status list. I will update it as soon as
I have time and get new information. If anyone thinks this
bothered you, please let me know and I will stop doing this.

ping



   Local INS	       : 	Status
================================================================
Denver,      Colorado  : most(?) LAD got approval letters
Detroit area           : 'many' LAD got approval letters
Honolulu, Hawaii       : no one (?) got letters
Los Angeles, California: someone has got approval letter
New York City          : no one (?) got letters   

San Antonio, Texas     : send approval letters to certain people


From lads-l@spike.rice.edu  Thu Mar 10 14:04:33 1994
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To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: Re: Dual status or Resident alien
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


I found this information by YSZ very clear and helpful.

I have some info and questions that I want to share with you




On March 8, a person representing IRS was invited by the CHINA CENTER at
the University of Minnesota to give a talk on Dual-Status filing
reguarding Chinese students. The main idea we got are:

(1) if 1993 is the 6th year that you are in US as a student(F,J,M),
    you have to file as US resident. (3rd year for non-student).

        I remember if you are a int'l student, you should always file
        1040NR no matter what. So where does this 5-year-only exampt 
        status come from?

(2) if you have GREEN CARD( or been a H-1, or both) for more than 183
    days in 1993, you have to file as resident for all 1993.

(3) only those who was in US later than 1/1/1989, have GREEN CARD for less
    than 183 days in 1993 can file dual-status.

===========================================
BUT there is one major confusion at the March 8th meeting, the IRS person
said repeatedly that the GREEN CARD test means you HAVE your GREEN CARD!
not just your I-485 approval notice. 

I am a CSPA priciple who has not received the CARD as of today, the IRS
person told me directly 3 time that I have to file 1040NR for 1993.

I think this is a big question mark. could anybody tell me where can I
clarify this? because some netters said filing as NR is risky.  



Dabin Zhu
U of Minn.


From lads-l@spike.rice.edu  Thu Mar 10 14:13:01 1994
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>From:	MX%"liu@csgrad.cs.vt.edu" 10-MAR-1994 12:40:33.84
To:	YANGSHENG
CC:	
Subj:	Re: Dual status or Resident alien?

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Subject: Re: Dual status or Resident alien?
To: yangsheng@bigvax.alfred.edu
Date: Thu, 10 Mar 1994 12:37:17 -0500 (EST)
>From: Xiangdong Liu <liu@csgrad.cs.vt.edu>
In-Reply-To: <0097B393.C46496C0.3949@bigvax.alfred.edu> from
    "yangsheng@bigvax.alfred.edu" at Mar 10, 94 11:08:05 am
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> 
> 
> Many people had questions about whether a TAship or RAship from graduate 
> program can be treated as non-taxable scholarship in full under Sino-U.S. 
> treaty.
> 
> The Sino-U.S. treaty states that payment for "personal service" has only
> the first 5000 deductible. 
> 
> Now, is TAship or RAship a qualified-full-tax-exempt income or a 
> payment-for-personal-service income?
> 
> In Pub. 519, U.S. Tax Guide for Alien, it states that: "You cannot 
> exclude from income the portion of any scholarship or fellowship, 
> including any tution reduction, that represents payment for teaching, 
> research, or other services which the grantor requires as a condition 
> for recieving the scholarship or fellowship. This is true even if all 
> candidates for a degree are required to perform the services as a 
> condition for recieving the degree." (in section "Scholarships and 
> fellowship Grants", subtitle "Payment for services")
> 
> Also it states: "The rules discussed here apply to both resident and 
> nonresident aliens" (in Section "Scholarships and Fellowship Grants")
> 
> So, literally, the followings are explicitly considered as "payment 
> for services" by IRS rules, not as qualified full-tax-exempt income.
> 
> 1) the stipend of TAship and RAship. 
> 2) the amount of tuitions reduced in exchange of doing RA or TA, even 
> though you did see it at all.
> 3) the amount of tuitions paid by professor for you in exchange of doing 
> RA or TA.
> 
> Please note that labeling a payment as a Scholarship or Fellowship doesn't
> guarantee it being exempt from tax. The criterion is that whether it is a 
> payment for services or not, in other words, whether there is any form of 
> personal service associated with the payment as a requirement. The above 
> quoted rules implies that only the part of the Scholarship or Fellowship 
> that DOES NOT require any form of service (e.g. teaching, researching, 
> etc.) can be tax exempt.
> 
> I hate this too. But if you want to know what the rule says. I think 
> this is it.
> 
> I am not familiar with the exact context of the relevant provisions in 
> Sino-US treaty. I hope someone would be able to overrule the IRS rules 
> using the Sino-US treaty. The point you need to prove is this: You can 
> cite article 20(b) to deduct the amount in full as long as a payment 
> is labelled as Scholarship or Fellowship. (The reason that you only 
> need prove this is that IRS rules do treat assistantship the same 
> catogary as Scholarship)
> 
> 
> YSZ
> 
The exact words used in Sino-US tax treaty article 20(b) are "grants and
awards".  Do you count TA/RA as awards?  Many offer letters do state that
you have been AWARDED so-and-so-assistantship.  So one can only conclude 
that it's yet another gray area subject to interpretation.  I remember
reading about the explanation given by a folk at Oregon State, who said
he/they contacted the people who participated in the treaty negotiation
and the participants considered TA/RA as awards though the treaty itself
used rather vague wording.
  


From lads-l@spike.rice.edu  Thu Mar 10 14:20:56 1994
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Subject: How to file as dual status
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


When you finally determined that you CAN use dual status to file, you 
may ask:
1) How to file? and
2) Do I really want to do that? (because you have the option to file as 
resident alien for the whole year)


How to file
===========
Note: Since Form 1040A and 1040EZ are mere the simplified version of 
Form 1040, they do not present any crucial difference in many cases. 
I'll use only 1040 when refering to resident alien in the following 
text for illustration purposes.

a) forms
--------
Two major forms needed: Form 1040NR, Form1040.
Write "Dual-Status Return" across the top of the Form 1040, and
Write "Dual-Status Statement" across the top of the Form 1040NR. Notice 
the difference in two. (from section "Form To File", Chapter 6, Pub 
519).

b) Divide your gross income
--------------------------
Divide your income into two parts:

-the first is the amount you received during the time BEFORE the 
'residency starting date' (see my previous post, "Dual status 
or Resident alien"), this is your income as a non-resident alien, 
let's call it 'non-resident income' for convienece; 

-the second is the amount you got during the time AFTER 
the 'residency starting date,' let us call it 'resident income'. 

c) On 1040NR  form
------------------
Use the 'non-resident income' to file 1040NR.  Apply Sino-US tax treaty 
only to the 'non-resident income.' You CAN deduct up to 5000 in full if 
this part of income excesses 5000. (confirmed by IRS helpline) But if 
your 'non-resident income' is less than 5000, say only 3000, you CANNOT 
deduct another 2000 from the 'resident income' to make it up to 5000. 
This is right to say that this 2000 deduction is wasted in this case.

Do not calculate any tax on 1040NR, this is just a statement, remember?
It shows how much you are paid, how much you quoted from treaty, etc.

d) On 1040 form
---------------
add up you 'resident income' and the taxable income determined from 
1040NR and put use the sum to file 1040 form. Then you forget about form 
1040NR and go through all the precedures specified for 1040 filing.

Calculate the total tax on 1040.

e) Tax refund
-------------
If you got tax refund in 1993 form 1992 return, it may be taxable.
Here is how you judge it: if you itemized state and local tax withheld 
when you filed 1992 1040NR, then the refund is taxable, otherwise not.

If it is taxable, this amount goes to Form 1040NR (1993) IN FULL, 
because that was your income in 1992(!) as a non-resident alien. It may 
make a difference if your 'non-resident income' is slightly less than 
5000. 

f) Interest from bank
---------------------
Technically, you have to divide the interest from bank into two parts 
in the same way as you did for you gross income (see b) above). 
Put the part that you got in nonresident period on Form 1040NR and 
the rest on Form 1040. But if it will NOT reduce you tax when you 
put them ALL on 1040, you can do that and save some work.

g) Medical and dental expenses
------------------------------
The good thing about 1040 Form is that you have chance to itemize your 
medical and dental expenses on Schedule A. But you can only itemize the 
amount you paid (and charged to your credit card) during the part 
of 1993 you are a resident alien.

h) Exemptions
--------------
on 1040 form:
As a dual status taxpayer, "..., you can claim exepmtions for your 
spouse and dependents when you figure taxable income for the part of the 
year you are a resident alien." (from page 26, under "Exemptions", 
Chapter 6, Pub 519).

on 1040NR form:
No. (Pub. 519, Chapter 6, section "Illustration of Dual-Status Return)

i) Standard Deduction
---------------------
on 1040 form:
zero! see Form 1040.

j) itemize deduction
--------------------
on 1040 Form:
Yes!! (page. 26, "Restrictions for Dual-Status Taxpayers", Chapter 6, 
Pub. 519)

on 1040NR Form:
Yes!! (Pub. 519, Chapter 6, section "illustration of Dual-Status 
Return")

k) Restrictions
---------------
One fellow had a post earlier. He is correct. (also see Pub. 519, 
Chapter 6, "Restrictions for Dual-Status Taxpayers")



Do You Really Want To File as Dual Status?
==========================================

If your are a dual status taxpayer, you can elect to file as resident 
alien for the whole year. Do you want to do that?

No clear-cut answer here. The tax law allow you choose whatever is 
better for you when you have more than one LAWFUL options. So, do your 
own homework and figure out which way you will pay LESS tax.

YSZ

From lads-l@spike.rice.edu  Thu Mar 10 14:33:55 1994
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X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Mr. Z was an F-1 student since 1/1/93, on 7/1/93, he applied PR under CSPA.
He got green card with "XXX XXX 930901 XXX XXX..." printed on the back of
the card. He didn't leave U.S. for any single day during 1993.

Analysis:
---------
Mr. Z met the "Green Card Test," no doubt about this. His residency
starting date was then 9/1/93. He doesn't meet the "Substantial
Presence Test," since there were less than 183 days (!!!) between 9/1/
and 12/31/93. (the days as an F, J, M student don't count, see
"exempt individual", Chapter 1, in Pub. 519). This means he CAN file as
dual satuts.

*************************************************************************
 	From the paragraph above, do you mean for all people who got PR
under the CSPA can file as dual status? As most of them got PR after Sept. 1,
1993, and are or were J, or F student before that time, they can meet the 
PR test, but do not meet the "substantial present test". Am I right?


From lads-l@spike.rice.edu  Thu Mar 10 14:40:35 1994
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From: dwang@iphase.com (David Wang)
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Subject: where are those INS cables ?
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

Dear Mi Mi Sir

I am trying to find ways to solve my lads problem. From previous
mail I find that there is a INS cable log called lads-l and you told 
some one to ftp that log from spike. I ftp into spike today and
could not find that file. Can you tell me how to find that file?

Your help is greatly appreciated

David Wang
dwang@iphase.com
(214)919-9332
  
-- 

From lads-l@spike.rice.edu  Thu Mar 10 14:46:33 1994
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: LAD status list
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


there is a list compiled by some phil at spike, you may ftp it and add
something to it!

Mi Mi Date: Thu, 10 Mar 94 13:09:55 CST
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   This is a LAD status list. I will update it as soon as
   I have time and get new information. If anyone thinks this
   bothered you, please let me know and I will stop doing this.

   ping


   Denver,      Colorado  : most(?) LAD got approval letters
   Newyork City           : no one (?) got letters   

   San Antonio, Texas     : send approval letters to certain people


From lads-l@spike.rice.edu  Thu Mar 10 15:03:45 1994
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Subject: Re:  where are those INS cables ?
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

   You can ftp to 132.249.229.100 and go to directory

   pub/InfoBase/CSPA to get all files related with CSPA.


From lads-l@spike.rice.edu  Thu Mar 10 15:12:09 1994
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: more says on TA and RAship
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


A lot of discussions now on the lads-l, it seems it is going to be tax-l..

I had successfully persuaded IRS to believe all my income from school is
tax-exempt, because they were from governmental, scientific and educational
institutions, when IRS picked me up for my poorly filed, error overflooded
tax return.

I wrote to the IRS " Since I am a citizen of  the People's Republic of 
China, and is a student present in the United States solely to obtain 
education, I am exempted from U.S. income tax since my incomes were 
grants and rewards from government, scientific, educational or other 
tax-exempt organizations. "

I believe, RAship is from grants, although it is not granted directly to 
you(otherwise it is impoosible for you to get research grant), TA is a 
service, but it is through educational institution, so it is grey!

Also, US-Sino Tax-Treaty should be able to override IRS rules. Treaty is
signed by Federal Government, IRS is under the Federal Government. So the 
Treaty has the final say.

I believe that was why the IRS finally gave in on my case. Confrontation
sometimes is tricky and risky, but, if you have the law on your side, IRS
will understand!

Anyway I decide to file as resident, thanks for everybody who shared their
valuable information!

Mi Mi Sr.


Following is the wording from the Publication 901(Rev. Nov. 1992), page 13:

A student, business apprentice or trainee who is a resident of the 
People's Republic of China on the date of arrival in the United States 
and who is present in the United States solely for the purpose of his 
education, training or obtaining special technical experience is exempt 
U.S. income tax on the following amounts:
	(a) Payments received from abroad for the purpose of his 
maintenance, education, study, research or training; 
	(b) grants or rewards from a government, scientific, educational 
or other tax exempt organization; and
	(c) Income from personal services performed in that Contracting 
State in an amount not excess of 5,000 United States dollars or its 
equivalent in Chinese Yuan for each taxable year. 
	The benefits under this Article shall extend only for such 
period of time as is reasonably necessary to complete the education 
or training. 


From lads-l@spike.rice.edu  Thu Mar 10 15:15:29 1994
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Subject: LAD status list
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

This is a LAD status list. I will update it as soon as
I have time and get new information.

ping


   Local INS	       : Status (received approval letters or not)
================================================================
Chicago                : no   (no one?)
Denver, Colorado       : yes  (most people)
Detroit area           : yes  (many people)
Honolulu, Hawaii       : no   (no one?)
Houston, Texas         : yes  (some people)
Los Angeles, California: yes  (some people)
New York City          : no   (no one? some got interview letters)
San Antonio, Texas     : yes  (certain people)
St. Paul-Minneapolis   : yes  (some people)

   





From lads-l@spike.rice.edu  Thu Mar 10 15:25:30 1994
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: where are those INS cables ?
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 

the files are logged as they come in. They are kept as whole months collection
files. The cable, I think, is around Oct. or so. Just ftp each one and do
word search, and you can get it!
Mi Mi 
   Date: Thu, 10 Mar 94 14:44:20 CST
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   From: dwang@iphase.com (David Wang)
   X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
   X-Comment:  Late-Arrival-DependentS-List 

   Dear Mi Mi Sir

   I am trying to find ways to solve my lads problem. From previous
   mail I find that there is a INS cable log called lads-l and you told 
   some one to ftp that log from spike. I ftp into spike today and
   could not find that file. Can you tell me how to find that file?

   Your help is greatly appreciated

   David Wang
   dwang@iphase.com
   (214)919-9332

   -- 


From lads-l@spike.rice.edu  Thu Mar 10 15:31:29 1994
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject:  where are those INS cables ?
X-Listprocessor-Version: 6.0a -- ListProcessor by Anastasios Kotsikonas
X-Comment:  Late-Arrival-DependentS-List 


There are three CSPA related sites: ifcss.org, cnd.org, as well as 
spike.rice.edu.

The later has much to do with lads.

Mi Mi Sr.



From lads-l@spike.rice.edu  Thu Mar 10 15:40:03 1994
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Subject: tax]
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X-Comment:  Late-Arrival-DependentS-List 



The following is a message I have got. Just forwarded to the net
with the names deleted.


Mi Mi Sr.









For those who have children with low income, file as a resident
will benifit a lot if you file Form EIC (Earned Income Credit).
The condition of file EIC is:

1. You must have some earned income, that means you worked during
    1993.
2. You must have at least one child LIVE with you. (I don't think
   those people have child in China qualify for this).
3. If your income (the whole family) is lower than $23050.

You can get as much as about $2300 (I don't have the form with
me so I don't know the exact number) as eraned income credit.

The credit can come from 3 ways:
1. Basice credit: it can be as much as about $1400 if you have
   one child and $1511 if you have more than 2 children.
2. If you paid health insurance include at least one the children.
   I don't remember the exact credit you can get.
3. If your child was born in 1993, you will get extra credit. Again,
   since my son was not born in 1993, I did not pay any attention
   to how much you can get.

You must use 1040 or 1040A to file EIC. (One suggestion, althought
1040EZ is short and easy, you may not get as much benifit as the
the other forms).

In my case, I filed as resident and paid less tax than I filed as
student last year. (I cannot file as a student anyway).

I filed as the head of the household (my husband is in China), and
got $5650 (about that amount, again I don't remember exactly)
standard deduction. I also filed EIC and got $250 credit (my son
lived with me in 1993). This $250 is regarded as tax I paid to
IRS. In my case I have over $20,000 income in 1993. For those
who are students work part time (you must work legally), maybe
IRS will give you some money (can be more than the tax withheld).
If you are not sure about this, I suggest you go to tax office
to have some specialist file the tax reture for you. You pay
only about $20-30 and get much more back.

godd luck.




From lads-l@spike.rice.edu  Thu Mar 10 15:44:29 1994
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject: [shengj@acf2.nyu.edu Sheng): A Important Number]
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Hi, the number I posted before is the number of the Immigration Card Facility.
Those who have not received GC can call the number to check the status
of your card production. Please have your A# ready before you call.
Once again, the # is: (214)655-1500
Jon


From lads-l@spike.rice.edu  Thu Mar 10 15:53:18 1994
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Subject: Five year limit and Form 8843
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It is the discussion regarding part of D.B. Zhu's question:

Why can international student be a non-resident alien taxpayer for only 
5 years?

This 5-year saying is from IRS rules. Every year you file tax return 
form, you ought to check your filing status by going through the so 
called "Green card test" and "Substantial Presence test." 

183 days
--------
When you do the "Substantial Presence Test", you count days of present 
in the States. You will be considered as a resident alien if your 
total days of present in the States are at least 183 days. (not complete 
definition, for accuracy, see Pub. 519)

Exempt individuals
------------------
The rules state that a student with "F,J, or M" visa is considered as 
"exempt individual" for this day-counting purposes. The days that you  
are in the States as an "exempt indiviual" are not counted when you do 
the "substantial presence test." 

That's why you can still be a non-resident alien taxpayer 
even though you actually domiciled in US for the entire year, because 
you do not meet the "Substantila Presence Test" after excluded the days as 
"exempt individual."

Limitation
----------
The 5-year limit comes from here. The rule says that "You will not be 
an exempt individual if you have been as a ..., or student for any part 
of more than 5 calendar years unless you establish to the satisfaction 
of the IRS district director that you ..." (from page 5, Pub. 519, 
Chapter 1)

If your stay as "exempt individual" are invalid, then you will certainly 
meet the "Substantial Presence Test" and become a resident alien. The 
result is that you cannot cite Sino-US treaty anymore.


Caution
-------
You will notice that there is a line on Form 8843 asking whether you 
have been a student for more than five years. Now you should know what 
IRS is looking for from this information. Be alert and don't be trapped.

YSZ


For Zhu's info: I found that the notice date printed on my approval 
letter is 9/28/93 and the starting date printed on my green card 
is XXX XXX 930927 XXX XXX... This indicates that the first day of PR is 
generally determined by the approval date. No comment about how you 
should file.

From lads-l@spike.rice.edu  Thu Mar 10 15:57:40 1994
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Subject: question about job
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 Is there anybody please to give me some idea about the e-mail adress of job    hunting when a student finish his/her Ph.D. programe and want to find a job here
Thank you in advance.
I am really appreciated for any response from you. 

From lads-l@spike.rice.edu  Thu Mar 10 16:20:01 1994
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From: Ping Ding <ping@summit.atmos.colostate.edu>
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Subject: LAD status list
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X-Comment:  Late-Arrival-DependentS-List 

This is a LAD status list. I will update it as soon as
I have time and get new information.

ping


   Local INS	       : Status (received approval letters or not)
================================================================
Baltimore              : yes  (some)
Boston, MA	       : no   (no one?)
Chicago                : yes  (at least one)
Denver, Colorado       : yes  (most people)
Detroit area           : yes  (many people)
Honolulu, Hawaii       : yes  (waiting for visa numbers)
Houston, Texas         : yes  (some people)
Los Angeles, California: yes  (some people)
New York City          : no   (no one? some got interview letters)
Pittsiburg	       : no   (no one?)
San Antonio, Texas     : yes  (certain people)
St. Albans, VT	       : no   (no one?)
St. Paul-Minneapolis   : yes  (some people)

   





From lads-l@spike.rice.edu  Thu Mar 10 19:30:43 1994
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Gee, zhuxx012@maroon.tc.umn.edu wrote:
On March 8, a person representing IRS was invited by the CHINA CENTER at
the University of Minnesota to give a talk on Dual-Status filing
reguarding Chinese students. The main idea we got are:
(2) if you have GREEN CARD( or been a H-1, or both) for more than 183
    days in 1993, you have to file as resident for all 1993.
which CSPA can have GC for 183 days in 1993?

From lads-l@spike.rice.edu  Fri Mar 11 09:02:15 1994
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From: hua7291@med2s0.engr.ccny.cuny.edu (Mi Mi)
To: Multiple recipients of list <lads-l@spike.rice.edu>
Subject:  tax
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X-Comment:  Late-Arrival-DependentS-List 


>did you really mean 1) ?

Yes, sorry for the typo.

I believe, Sino-US treaty overrides the IRS rule. The treaty says "reasonable
time", which, overrides the so called the 5 year something. But it also states
"the sole purpose", which, once you applied PR, you are never covered any more.
When you are within the time span defined by Treaty "reasonable", your purpose
is "solely for your education (including trainning)", and your income is from 
the described sources, then you are tax-free, or otherwise have $5,000 
deduction. Treaty is a bilateral thing, it gives US counterparts the same 
rights to do so in China. Just imagine any US Students and Scholars are now
doing the same thing China!


Mi Mi 
======================
ych@*.***.EDU wrote


   Thanks Mi Mi about your info on tax return.  It is very helpful.

   You talked nothing about the difference of 1) Resident and 3) Dual-Status.
   When you said 3) is the safest, did you really mean 1) ?

   CH@ENH.NIST.GOV wrote:
   I read Publication 519 and it stated:
   You are a resident for tax purposes if you are a lawful permanent resident
   of the United States AT ANY TIME during the calender year.
   I also read this on 1040NR on the section of GC test.  When 1040NR talked
   about dual-status, it explicitly said that dual-status does not apply to
   those who pass the two test(see the begining of the section for dual-status).
   Don't you think that exclude CSPA from filing 1040NR?

   Do you know if scholarship is still nontaxable when filing 1040NR?

   Thanks again.




From lads-l@spike.rice.edu  Fri Mar 11 09:22:10 1994
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