Blog Feeds
09-01 10:00 PM
This is a recent update from the AILA Rome Chapter for the benefit of our readers. The State Department has substantially rewritten the FAM provisions relating to physical or mental disorders as medical grounds of inadmissibility. These significant changes, set forth at 9 FAM 40.11 N11, focus on physical or mental disorders with harmful behavior, and on substance-related disorders, corresponding to INA 212(a)(1)(A)(iii) and (iv), respectively.
The following is a summary of these sweeping revisions.
Introduction
As before, the mere presence of a physical or mental disorder does not by itself render a visa applicant inadmissible to the United States under 212(a)(1)(A)(iii). The trigger to inadmissibility is the presence of associated harmful behavior.
Key Concepts of Mental Health
In this new section, the Department defines the key concepts of physical and mental health disorders:
A "physical disorder" is a clinically diagnosed medical condition where the focus of attention is physical manifestations.
A "mental disorder" is a health condition characterized by alterations in thinking, mood or behavior.
"Harmful behavior" is an action associated with a physical or mental disorder that causes (or has caused) one or more of the following:
1. Serious injury (psychological or physical) to the foreign national or others. An example of harmful behavior to the foreign national is attempted suicide. An example of harmful behavior to others is pedophilia.
2. A serious threat to the health or safety of the foreign national or others. An example of a serious threat to both the foreign national and to others is driving while intoxicated.
3. Major property damage.
NOTE: The Department emphasizes the following principle: Only harmful behavior that is associated with a physical or mental disorder is relevant for the purpose of determining a medical inadmissibility.
A "substance-related disorder" can involve one of the following:
1. Substance dependence - compulsive long-term use of alcohol or other psychoactive substance despite significant problems (physical, social, and others).
2. Substance abuse - a pattern of recurrent use of alcohol or other psychoactive substance despite adverse consequences or impairment.
Remission in the context of mental or substance-related disorders is defined as "a period of at least 12 months during which no substance use or associated harmful behavior have occurred."
Class "A" medical conditions are those which render a visa applicant ineligible for a visa.
Class "B" medical conditions do not render a visa applicant ineligible for a visa, even though the applicant has a disease, disability or abnormality amounting to a substantial departure from well-being.
Alcohol Abuse or Dependence
The FAM changes stress that alcohol abuse or alcohol dependence constitutes a medical condition which can lead to inadmissibility. That said, a panel physician's diagnosis of alcohol abuse or dependence alone does not make an applicant ineligible to receive a visa unless there is evidence of associated harmful behavior which has, or is likely to pose a threat to the property, safety or welfare of the foreign national or others.
Consular officers are instructed to refer nonimmigrant and immigrant visa applicants to panel physicians if the applicant has a single alcohol-related arrest or conviction within the past five years, or if the applicant has two or more such arrests or convictions within the past decade. Officers should also refer applicants to panel physicians if, in the absence of DUI arrests or convictions, there is any other evidence to suggest that the visa applicant has an alcohol problem.
Role of the Panel Physician
Panel physicians have a central role in evaluating the existence of a physical or mental disorder or a substance-related disorder that would render an applicant ineligible for a visa. In performing a medical examination, the panel physician is responsible (inter alia) for identifying and diagnosing physical or mental disorders (including alcohol-related disorders); identifying harmful behavior associated with a disorder; and determining the remission status of any previously diagnosed disorder.
Class "A" or Class "B" Medical Conditions
Panel physicians may make the following diagnoses with regard to applicants referred for examination:
Class "A": The applicant has a physical or mental disorder with associated harmful behavior.
Class "A": The applicant has a disorder characterized by substance abuse or dependence.
Class "B": The applicant has a physical or mental disorder with no associated harmful behavior.
Class "B": The applicant has a history of a physical or mental disorder with associated harmful behavior which is unlikely to recur.
Class "B": The applicant's substance abuse or dependence is in full remission.
Neither "A" nor "B": The applicant has not been diagnosed as having a physical or mental disorder or a substance-related disorder.
Waivers for Immigrant Visa Applicants
An immigrant visa applicant who is determined to have a communicable disease of public health significance may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(i).
An immigrant visa applicant who objects on religious or moral grounds to receiving required vaccinations against vaccine-preventable diseases may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(ii).
An immigrant visa applicant who is determined to have a physical or mental disorder with associated harmful behavior may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(iii).
An immigrant visa applicant diagnosed with substance abuse or addiction is NOT eligible for waiver relief of the inadmissibility set forth in INA 212(a)(1)(A)(iv).
Waivers for Nonimmigrant Visa Applicants
Consular officers may recommend waivers per 212(d)(3)(A) for any of the medical-related grounds of inadmissibility set forth in 212(a)(1)(A).
More... (http://www.visalawyerblog.com/2010/09/us_visa_denials_medical_ground.html)
The following is a summary of these sweeping revisions.
Introduction
As before, the mere presence of a physical or mental disorder does not by itself render a visa applicant inadmissible to the United States under 212(a)(1)(A)(iii). The trigger to inadmissibility is the presence of associated harmful behavior.
Key Concepts of Mental Health
In this new section, the Department defines the key concepts of physical and mental health disorders:
A "physical disorder" is a clinically diagnosed medical condition where the focus of attention is physical manifestations.
A "mental disorder" is a health condition characterized by alterations in thinking, mood or behavior.
"Harmful behavior" is an action associated with a physical or mental disorder that causes (or has caused) one or more of the following:
1. Serious injury (psychological or physical) to the foreign national or others. An example of harmful behavior to the foreign national is attempted suicide. An example of harmful behavior to others is pedophilia.
2. A serious threat to the health or safety of the foreign national or others. An example of a serious threat to both the foreign national and to others is driving while intoxicated.
3. Major property damage.
NOTE: The Department emphasizes the following principle: Only harmful behavior that is associated with a physical or mental disorder is relevant for the purpose of determining a medical inadmissibility.
A "substance-related disorder" can involve one of the following:
1. Substance dependence - compulsive long-term use of alcohol or other psychoactive substance despite significant problems (physical, social, and others).
2. Substance abuse - a pattern of recurrent use of alcohol or other psychoactive substance despite adverse consequences or impairment.
Remission in the context of mental or substance-related disorders is defined as "a period of at least 12 months during which no substance use or associated harmful behavior have occurred."
Class "A" medical conditions are those which render a visa applicant ineligible for a visa.
Class "B" medical conditions do not render a visa applicant ineligible for a visa, even though the applicant has a disease, disability or abnormality amounting to a substantial departure from well-being.
Alcohol Abuse or Dependence
The FAM changes stress that alcohol abuse or alcohol dependence constitutes a medical condition which can lead to inadmissibility. That said, a panel physician's diagnosis of alcohol abuse or dependence alone does not make an applicant ineligible to receive a visa unless there is evidence of associated harmful behavior which has, or is likely to pose a threat to the property, safety or welfare of the foreign national or others.
Consular officers are instructed to refer nonimmigrant and immigrant visa applicants to panel physicians if the applicant has a single alcohol-related arrest or conviction within the past five years, or if the applicant has two or more such arrests or convictions within the past decade. Officers should also refer applicants to panel physicians if, in the absence of DUI arrests or convictions, there is any other evidence to suggest that the visa applicant has an alcohol problem.
Role of the Panel Physician
Panel physicians have a central role in evaluating the existence of a physical or mental disorder or a substance-related disorder that would render an applicant ineligible for a visa. In performing a medical examination, the panel physician is responsible (inter alia) for identifying and diagnosing physical or mental disorders (including alcohol-related disorders); identifying harmful behavior associated with a disorder; and determining the remission status of any previously diagnosed disorder.
Class "A" or Class "B" Medical Conditions
Panel physicians may make the following diagnoses with regard to applicants referred for examination:
Class "A": The applicant has a physical or mental disorder with associated harmful behavior.
Class "A": The applicant has a disorder characterized by substance abuse or dependence.
Class "B": The applicant has a physical or mental disorder with no associated harmful behavior.
Class "B": The applicant has a history of a physical or mental disorder with associated harmful behavior which is unlikely to recur.
Class "B": The applicant's substance abuse or dependence is in full remission.
Neither "A" nor "B": The applicant has not been diagnosed as having a physical or mental disorder or a substance-related disorder.
Waivers for Immigrant Visa Applicants
An immigrant visa applicant who is determined to have a communicable disease of public health significance may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(i).
An immigrant visa applicant who objects on religious or moral grounds to receiving required vaccinations against vaccine-preventable diseases may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(ii).
An immigrant visa applicant who is determined to have a physical or mental disorder with associated harmful behavior may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(iii).
An immigrant visa applicant diagnosed with substance abuse or addiction is NOT eligible for waiver relief of the inadmissibility set forth in INA 212(a)(1)(A)(iv).
Waivers for Nonimmigrant Visa Applicants
Consular officers may recommend waivers per 212(d)(3)(A) for any of the medical-related grounds of inadmissibility set forth in 212(a)(1)(A).
More... (http://www.visalawyerblog.com/2010/09/us_visa_denials_medical_ground.html)
wallpaper valentine#39;s day, funny
GoneSouth
04-18 05:52 PM
Contact the federal elected representative in your employer's district. If they are not immigrant friendly, try the elected representative in your district (if different). There is a congressional liason inquiry process that can be leveraged to expedite your LC application. My application was pending for 8 months with no new status from DoL. I contacted my employer's congressman, explained the situation, and supplied a letter from my attorny, and my LC was approved within 3 weeks.
pa_arora
09-21 11:45 AM
.. by trying to get our provisions included in this bill .. Duh..
I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?
ciao
-p
I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?
ciao
-p
2011 happy valentines day 8
ragz4u
02-03 01:36 PM
It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.
Look up the resource section. We have a brochure and a powerpoint presentation by Sunil Joshi which was even posted on the ILW website. The CA team of ImmigrationVoice have used these to great results
The lobbying firm might provide us valuable inputs on these but at the same time, these are already in very good shape having gone through many rounds of critique by the core members.
Again, this should not stop you from asking for appointments!
Look up the resource section. We have a brochure and a powerpoint presentation by Sunil Joshi which was even posted on the ILW website. The CA team of ImmigrationVoice have used these to great results
The lobbying firm might provide us valuable inputs on these but at the same time, these are already in very good shape having gone through many rounds of critique by the core members.
Again, this should not stop you from asking for appointments!
more...
FredG
June 25th, 2006, 08:25 AM
First option is always to try to blow it out. Next, in my mind, is an arctic butterfly (a bush that works on the principle of static cling, and no chance of leaving a residue). The lens pen was originally developed for lenses, but has recently come into vogue for sensors. Finally, a wet solution applied with a pad. A variety of blowers is here (http://www.bhphotovideo.com/bnh/controller/home?ci=1&sb=ps&pn=1&sq=desc&InitialSearch=yes&O=productlist.jsp&A=search&Q=*&bhs=t&shs=air+blower&image.x=0&image.y=0). Visible dust (http://www.visibledust.com/) has a variety of wet and dry offerings, including the butterfly. Lens pen is found here (http://www.lenspen.com/402/152/), along with instructions. I consider a wet method the last resort, due to experience with streaking (No, I don't streak, it's from the fluid. Oh, I guess y'all figured that out. :) )
pappu
05-31 03:59 PM
Please do not start new threads on the same topics
more...
ambals03
04-29 04:18 PM
Video - Opinion Journal: The Other Immigrants -- Stuart Anderson on high-skilled foreign workers. - WSJ.com (http://online.wsj.com/video/opinion-journal-the-other-immigrants/2DA1C016-C62B-4CE1-88FE-8F4502C9B9C8.html)
2010 happy valentines day quotes
pappu
04-14 07:44 AM
We have a call today @ 7 PM EST if someone wants to send questions/be in the call
more...
ita
01-04 04:19 PM
Thanks so much for all the replies.
I'm going to follow the links provided.
Should your bank statements reflect specific minimun balance ?
Thank you.
I'm going to follow the links provided.
Should your bank statements reflect specific minimun balance ?
Thank you.
hair funny happy valentines day
widad2020
07-17 05:47 PM
Congrats and Good Luck to all.Thanks
more...
jliechty
November 17th, 2004, 02:55 PM
My first advice would be to bump up the ISO for indoor shots, so the shutter speed will be faster and you will be able to avoid blurred movement. In full auto mode, cameras may not increase the ISO above some unreasonably low number, like 400. Try going to a mode that lets you pick the ISO (program?) and set it to 1600 (with a DSLR the noise will be much less than 1600 ISO film grain, so don't be afraid to experiment).
Not knowing about the automatic metering systems on modern cameras, I'm not able to analyze what might be throwing off the meter to cause it to underexpose, so I'll leave that up to our resident DSLR gurus. ;)
Not knowing about the automatic metering systems on modern cameras, I'm not able to analyze what might be throwing off the meter to cause it to underexpose, so I'll leave that up to our resident DSLR gurus. ;)
hot Happy Valentine Day Wallpaper
jsb
10-21 11:30 PM
...
...
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current....
IK
You don't add your wife's name to your I-485. She sends her own I-485. Of course, she can only send it in a month when your PD is Current. She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.
...
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current....
IK
You don't add your wife's name to your I-485. She sends her own I-485. Of course, she can only send it in a month when your PD is Current. She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.
more...
house happy valentines day funny
peer123
06-11 06:59 PM
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
I totally agree with you, people should use civility in thier comment. Do not be harsh so much that the open speech right on this forum is withdrawn.
I totally agree with you, people should use civility in thier comment. Do not be harsh so much that the open speech right on this forum is withdrawn.
tattoo funny happy valentines day
butterchicken
04-28 02:10 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
more...
pictures Funny+happy+valentines+day
windycloud
07-10 10:33 AM
The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.
Exactly. And that's what I gave them. The I-797 with the I-94. And this agency I'm talking about is TSA, part of Homeland Security. And obviously they don't know how to read a legal document issued by USCIS, also part of Homeland Security.
Exactly. And that's what I gave them. The I-797 with the I-94. And this agency I'm talking about is TSA, part of Homeland Security. And obviously they don't know how to read a legal document issued by USCIS, also part of Homeland Security.
dresses happy valentines day quotes
fromnaija
09-15 12:46 PM
I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
more...
makeup happy valentines day love
liberty
10-06 04:30 PM
I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?
I will really appreciate your help.
Thanks for the support.
1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?
I will really appreciate your help.
Thanks for the support.
girlfriend cute happy valentines day
ThinkTwice
02-24 12:12 PM
Thanks for replying. I just came back from the court and got back the following
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
The fact that the offense was reduced to Wet reckless probably helps your case (I am not sure I am just guessing here). You really need to talk to a specialist lawyer who deals with such kind of cases not a general immigration lawyer, Usually a consultation fee ranges from 100 to 300 depending on the experience and the profile of the lawyer and if you want to take the attorney to the interview with you then it may run upto and above $3000.
- good luck
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
The fact that the offense was reduced to Wet reckless probably helps your case (I am not sure I am just guessing here). You really need to talk to a specialist lawyer who deals with such kind of cases not a general immigration lawyer, Usually a consultation fee ranges from 100 to 300 depending on the experience and the profile of the lawyer and if you want to take the attorney to the interview with you then it may run upto and above $3000.
- good luck
hairstyles funny happy valentines day
indyanguy
08-11 07:13 PM
bump ^^^
div_bell_2003
01-09 04:42 PM
http://immigrationvoice.org/forum/showthread.php?t=18737
Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.
Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.
a_yaja
02-26 11:40 AM
I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
Nozerd,
There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.
Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
Nozerd,
There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.
Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.
No comments:
Post a Comment