1. International Students and Participation in Anti-War Protests- A Message From Ellen Badger
2. Important Items to Remember When Completing Income Tax Forms
3. International Students Receive Graduate School Awards for Excellence
4. Important Workshop on Post-Graduation Employment Issues Wednesday, April 9
5. Will Your I-20 or DS-2019 Expire Soon?
6. H-1B Visa Issues: USCIS Issues Interim Rule on H-1B Visa Processing
7. Empire State Games Coming to Binghamton University July 23-27, 2008
8. Forms 1042-S Have Now Been Distributed
9. Income Tax Information: How To File an Amended Tax Return

1. International Students and Participation in Anti-War Protests- A Message From Ellen Badger

Back in 2003, I posted an article to ISSS-BU News in response to concerns expressed to me by several international students who wanted to protest the war in Iraqi, but who did not wish to endanger their immigration status in the United States by doing so.  The article included information provided by a noted immigration attorney and a Binghamton University Police Captain, and received very positive reviews when it appeared.  Given the events of last week, when a number of student anti-war protesters marched down the Vestal Parkway to the University Plaza, we have updated the article slightly and have returned it to the ISSS website.  Readers will find the article at: http://isss.binghamton.edu/pubs/intstudshdknw.html

A second article that I would encourage you to read is titled International Students and Arrests, and first appeared on the ISSS website in August 2007.   The article may be found at: http://isss.binghamton.edu/pubs/intstudarrst.html

Anyone in the United States, be they U.S. citizens or foreign nationals, have rights under the U.S. Constitution. This includes the right to free speech and freedom of assembly.  However, when it comes to engaging in an activity that disobeys the instructions of the police, your best option is NOT to do so.  Instead, leave the area immediately and don’t risk arrest. There are immigration consequences should an international student be arrested, regardless of the final outcome of his/her case.  I urge international students to review both articles and seriously consider the potential risks in order to make an informed decision.

2. Important Items to Remember When Completing Income Tax Forms

A number of students sometimes forget all of the necessary steps when completing their income tax forms.  Here is a helpful reminder for ISSS-BU News readers:

• The ISSS provides international students who are non residents for tax purposes (those who entered the United States in 2003 or more recently) with free tax preparation software for completing federal income tax returns.  Remember to request a CINTAX access password from the ISSS before attempting to complete your federal tax firms.  To make that request, go to: http://isss.binghamton.edu/taxes/cintax.htm

• Once you are ready to use CINTAX, you need to log on to the CINTAX website at http://www.cintax.us

• Remember that CINTAX-prepared income tax forms must be printed from the CINTAX website, and mailed by you to the Internal Revenue Service Center in Austin, Texas.  Be sure to print the CINTAX instructions page, which provides all of the information you need for assembling and mailing your federal income tax forms.

• Do you need to file a New York State income tax form in addition to a federal form? On-line webinars take you line-by-line through the New York State income tax forms, and provide a helpful overview of federal income tax law.  You may view the webinars at:  http://isss.binghamton.edu/taxes/webworkshp.htm

• All income tax forms (federal and state) must be signed before mailing.  Otherwise, they will be returned to you.

• Be sure to make a copy before you put your income tax forms in the mail!

3. International Students Receive Graduate School Awards for Excellence

We want to congratulate the following international students who were recently honored with awards from the Graduate School for excellence in research, teaching, and service/outreach. A total of thirty-one graduate students, both domestic and international, were honored. Well done!!

Graduate Student Award for Excellence in Teaching:
Rahul Khandekar, Electrical Engineering
Catherine N. Malele, Chemistry
Wazir Mohamed, Sociology
Shirya Sridharan, Art History
Aleksey Tikhomirov, Education

Graduate Student Award for Excellence in Research:
Kaan Agartan, Sociology
Bo Long, Computer Science
Arnold J. H. Reesink, Geological Sciences
Ayse Deniz Temiz, Comparative Literature
Lasantha T. Viyannalage, Chemistry
Hongkun Zhao, Computer Science

4. Important Workshop on Post-Graduation Employment Issues Wednesday, April 9

What may be the most important immigration workshop offered this year will be held Wednesday, April 9 at 4:30pm in Science Library Room 306. Will you be seeking employment in the United States after graduation? Do you have questions regarding H-1B visas, labor certification, PERM and employment-based permanent residency? Are you confused about the H-1B “cap” and the “cap gap?”   What will happen if all the available H-1B visas are taken soon after April 1, 2008, which is the earliest date for submitting an H-1B petition with an October 1, 2008 start date?  What about those 20,000 extra H-1B visa slots for those with U.S. master’s degrees or higher?  You do not want to miss this workshop!

Learn about your options under U.S. immigration law from special guest and featured speaker, immigration attorney Rosanne Meyer from the law firm of Miller Mayer in Ithaca, New York. This workshop is co-sponsored by the Office of International Student and Scholar Services and the Career Development Center.

5. Will Your I-20 or DS-2019 Expire Soon?

The Office of International Student and Scholar Services (ISSS) will send out e-mail messages within the next two weeks to all currently registered degree students whose most recent SEVIS I-20 or DS-2019 will expire in May or during the summer. Exchange students whose programs end in May will not be included in this mailing. Do not let your I-20 or DS-2019 expire if you will be continuing at Binghamton beyond the form's expiration date! If you have questions, please come to the ISSS..

6. H-1B Visa Issues: USCIS Issues Interim Rule on H-1B Visa Processing

Many ISSS-BU News readers are aware that starting April 1, 2008, US Citizenship and Immigration Services (USCIS) will begin to accept H1-B petitions that are subject to the “cap” or limit and have start dates of October 1, 2008.  It is expected that the available visa numbers will run out quickly.  USCIS announced on March 18, 2008 that it plans to publish an Interim Final Rule on H-1B visas modifying the selection process and prohibiting multiple filings. The official rule was published in today’s Federal Register, of March 24, 2008.

USCIS states that the rule will ensure fair and orderly distribution of available H-1B visas by providing companies filing H-1B petitions which are subject to the congressionally mandated numerical limits an equal chance.   This rule will affect the filing of H-1B petitions beginning April 1, 2008.

In view of these changes, the ISSS H-1B Q & A has also been updated and posted on the ISSS website.  View the updated version at: http://isss.binghamton.edu/imm/FAQ_H-1B.html

The changes cited in the interim final rule include:

• USCIS will apply a random selection process among all H-1B petitions received during the first five business days of accepting applications for the coming fiscal year (for 2008, all petitions received April 1-7 would be included in the process)
• USCIS will deny petitions from an employer who files multiple H-1B petitions for the same employee.
• Note: This rule does not preclude related employers (such as a parent company and its subsidiary) from filing petitions on behalf of the same alien for different positions, based on a legitimate business need., e.g. both need a CFO (see example in supp. info to ITR)
• USCIS will first conduct the random selection process for U.S.-earned master’s degree or higher petitions, if more than 20,000 are received in the first five business days available for filing.  Only after the random selection is made for the U.S.-earned master’s degree or higher petitions will it begin random selection for petitions to be counted toward the “regular” 65,000 cap. 
• Petitions eligible for the U.S.-earned master’s degree or higher exemption that are not selected to receive an H-1B visa number from the 20,000 cap will be considered with the other H-1B petitions in the random selection for the 65,000 cap filed on the first five business days.
• USCIS will deny petitions that incorrectly claim an exemption from any H-1B numerical limits.
• USCIS will not refund fees for any petitions denied as multiple-filings or incorrect claims of exemption.
• Premium processing requests will not begin until after the random selection process has been completed

To read the USCIS Announcement, visit:
http://www.uscis.gov/files/article/H-1B_multi_filing_19Mar08.pdf

To read the USCIS Fact Sheet, visit:
http://www.uscis.gov/files/article/H-1B_multi_filingFS_19Mar08.pdf

To read the USCIS Q & A, visit:
http://www.uscis.gov/files/article/H-1B_multi_filingFAQ_19Mar08.pdf

To read the USCIS Interim Final Rule:
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-5906.pdf

7. Empire State Games Coming to Binghamton University July 23-27, 2008

Greater Binghamton will host the nation’s largest amateur athletic event, the Empire State Games, on July 23 to 27, 2008. Binghamton University will be the primary site for the games with between 5,000 and 6,000 athletes and support personnel on campus.

The entire campus community is encouraged to volunteer their time and talents to help ensure that the Empire Games will be successful. 

The online volunteer application is at http://esg.binghamton.edu/App_Data/login/login.php.  You may also obtain information from Jean Dorak, volunteer chair, at jdorak@binghamton.edu or 607-777-6038. There will be a special social event prior to the games for all volunteers. All volunteers also are invited to attend the games’ opening ceremonies. 

8. Forms 1042-S Have Now Been Distributed

International students who are non-residents for tax purposes, and who were eligible to receive form 1042-S based on either a scholarship or a tax treaty by filing special forms with either Mr. Fred Bucalos of the Office of Human Resources, or with the SUNY Research Foundation should have now received their 1042-S Forms in the mail.   If you have not already done so, please use CINTAX to report the income listed on the 1042-S on your tax returns.  If you do not yet have a CINTAX account, you may obtain one by requesting an access code at: http://isss.binghamton.edu/taxes/cintax.htm

9. Income Tax Information: How To File an Amended Tax Return

Some students have already filed their federal and state income tax returns, only to find that additional income reports for calendar year 2007 have arrived in the mail, either in the form of a W-2 or 1042-S. In such situations, an amended return needs to be filed. The instructions below are also available at:  http://isss.binghamton.edu/taxes/taxamend.htm

Here's how to file an amended return.

To amend a federal return 1040NR EZ or 1040NR, first enter the updated information into CINTAX, and print a new 1040NR EZ or 1040NR.  Write “amended” at the top of the new 1040NR EZ or 1040NR.  Then, obtain form 1040X and instructions either from the IRS website:
Form: http://www.irs.ustreas.gov/pub/irs-pdf/f1040x.pdf
Instructions: http://www.irs.ustreas.gov/pub/irs-pdf/i1040x.pdf
or by visiting the ISSS and obtaining a paper copy of form 1040X and instructions.

Only enter your name, address and social security number on form 1040X.  Also, complete line B on the front of the 1040X and part II on page 2 of form1040X (Part II is on the reverse side of the form). Include in part II of form 1040X an explanation of the changes or corrections being made. Be sure to sign the bottom of the 1040X. Attach the Part B federal copy of any new W-2 or 1042-S you are reporting. Attach the new 1040NR EZ or 1040NR behind the 1040X. Both the 1040X and amended 1040NR EZ should be sent to the same Austin, Texas address where you mailed your original 1040NR EZ or 1040NR, which is: Internal Revenue Service Center, Austin, TX 73301-0215.

If you also filed a New York State form IT 203, you will need to amend that form as well, but the procedure is different than it is for the federal forms. To amend NYS form IT 203, obtain form IT 203-X and instructions from the New York State Tax Department website:
http://www.tax.state.ny.us/pdf/2007/fillin/inc/it203x_2007_fill_in.pdf
or by visiting the ISSS.  Complete the IT 203-X in the same way you filled out the original IT 203, but this time make all necessary changes or corrections on the new form. Also complete Part IV and sign at the bottom of page 3. Prepare a new IT-2 if necessary.  Attach any 1042-S you are reporting. The IT 203-X and all attachments should be sent to: State Processing Center, PO Box 61000, Albany, New York 12261-0001.

Remember to make all necessary adjustments to total income and taxes when completing the amended forms, and keep copies of everything you send.

ISSS-BU is a listserv owned and managed by the Office of International Student and Scholar Services, Division of Student Affairs, at the State University of New York at Binghamton. It is the publisher of ISSS-BU News . Permission is granted to freely distribute the information posted to this list as long as its contents remain unchanged.