Dr. William:

I have received the 'Complete Do-It-Yourself' package of NIW. As I told you in my previous mail, I have few questions, kindly send the clarification at the earliest. In your web site you have mentioned that there is two year experience is required for filling. Is it in US, or it have to in the field.

Second, I am here in J1 visa from India. My country has a treaty with US such that I don't have to pay the tax for the first 2 years. Is it necessary for me to pay the tax or can I take the benefits.

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A:

The following is the answer for your questions:

1) Yes, you are eligible to apply I-140 now. The “two-year experience” is in your field, not in U.S only.

2) If your have income from U.S., it is your responsibility to fill U.S. Tax Return Form each year, even if you do not need to pay U. S. tax (in the tax return form, you can mention your country’s tax treaty with U.S.)