newhandle
03-05 12:16 PM
I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.
I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,
1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients
I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.
On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.
My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?
Edit/Update:
"I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.
I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income."
Thank you.
I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,
1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients
I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.
On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.
My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?
Edit/Update:
"I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.
I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income."
Thank you.
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chantu
06-19 09:35 AM
my mom gave up her green card back in early 80's and she has had no problems what so ever in getting vistors visa since then (in fact it made it easier to get vistors visa (for the entire family) because it clearly shows no intention of migrating to US).
Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D
Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D
eb2_mumbai
10-16 11:05 AM
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)
Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.
Most your recent postings are logical but still so much red here- I gave you green.
Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)
Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.
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Eternal_Hope
02-08 08:48 PM
There are two aspects of free trade - free flow of capital and labor.
Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
1. Labor flow to where the work is (from developing countries to developed countries)
2. Work transfer to where the labor is (outsourcing)
Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.
Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.
Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.
Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
1. Labor flow to where the work is (from developing countries to developed countries)
2. Work transfer to where the labor is (outsourcing)
Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.
Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.
Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.
more...
DSLStart
09-30 02:44 PM
I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?
chem2
10-23 05:24 PM
did you get your fingerprint notices yet?
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sammyb
02-26 10:48 AM
Middle of 2009 we had issue (denial) with my wife's I485 and after MTR failed I contacted the local Senator's office ... it took around 6 months to finally turn the ball and revise USCIS's earlier decision of denying the application - it was a case where we followed the process and was penalized because of technical reason by USCIS ...
So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'
hope this helps ....
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'
hope this helps ....
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
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namm80
04-07 10:18 PM
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
more...
veni001
01-17 05:14 PM
hey
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
Chances for an audit are 95%:(
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
Chances for an audit are 95%:(
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GCNeophyte
09-17 01:47 PM
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
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GCMangataHai
10-21 05:24 AM
PSAM,
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
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ashish3
10-30 04:33 PM
Update to my case. Submitted Originally on July 2nd for I-140/I-1485. USCIS Sent back everything on Aug�28 stating Original Labor missing. Attorney sent back the case on Sep 11th with a cover letter that the labor could be requested by USCIS to DOL. The copy of ETA9089 & certified online copy was attached with the original case. I was hoping that they will accept the case this time as I have seen similar cases where they accept the case and issue RFE at a later date. Attorney also mentioned that he got receipts for similar cases like this.
Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.
Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.
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digital2k
08-14 02:11 PM
:)
If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.
Poor fellow - Polls got created in his name :rolleyes:
If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.
Poor fellow - Polls got created in his name :rolleyes:
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lostinbeta
09-06 02:19 PM
I started with 6. It isn't THAT much of an upgrade from 6. It does have a few little features that I like, like dynamic brushes that change direction and color.
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EB2_Jun03_dude
11-29 03:55 PM
I am assuming there should be a problem at the POE
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MetteBB
05-11 04:01 PM
Oh... I didnt realise. Well atleast now he has some to chose from, i dont mind ;)
�
Just passing time anyway. Messed up my Flash MX 2004 instalation and can't get it to work again.... :( (which has nothing to do with stamps I know... nm)
/mette
�
Just passing time anyway. Messed up my Flash MX 2004 instalation and can't get it to work again.... :( (which has nothing to do with stamps I know... nm)
/mette
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GC08
04-08 09:56 AM
If the law is changed. All dates will be current. if it's not changed your date from 2005 means squat. There are abt 200K ppl in the line ahead of you.. no way you are getting anything this life.. maybe you can leave your PD in inheritance to your kid born in India :)
So your GC process shouldn't be a factor.. you got great offer.. leave..!
Go for the better job... Nobody knows what's going to happen. I wish I had done that 3 years ago. :(
This is especially true considering the uncertain, erratic nature of U.S. immigration. The only thing you can do is to grap whatever is "certain" to you right now. Otherwise, you may get stuck with a bad job, a bad company, a bad boss and still not getting your green card, either because of the backlog or unforeseen lay-off. At that time, you will realize you have got nothing... That feeling really sucks!!! :mad:
So your GC process shouldn't be a factor.. you got great offer.. leave..!
Go for the better job... Nobody knows what's going to happen. I wish I had done that 3 years ago. :(
This is especially true considering the uncertain, erratic nature of U.S. immigration. The only thing you can do is to grap whatever is "certain" to you right now. Otherwise, you may get stuck with a bad job, a bad company, a bad boss and still not getting your green card, either because of the backlog or unforeseen lay-off. At that time, you will realize you have got nothing... That feeling really sucks!!! :mad:
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needhelp!
07-25 10:57 AM
Not flowers ... any other time, an emphatic YES.
But we just used flowers as a sarcastic "Thank You, USCIS" .... so it is not the best idea ... just a note of Thanks, email or letter - to let her know we are grateful for her stance. It is important that we acknowledge the efforts of people who work to help us.
Everyone is going to think twice now when they get a bouquet of flowers.. lol
But we just used flowers as a sarcastic "Thank You, USCIS" .... so it is not the best idea ... just a note of Thanks, email or letter - to let her know we are grateful for her stance. It is important that we acknowledge the efforts of people who work to help us.
Everyone is going to think twice now when they get a bouquet of flowers.. lol
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raysaikat
04-29 04:13 PM
It against the law to work in one country and get paid in another
Where did you get this info? Could you please point out a reference that says so?
Where did you get this info? Could you please point out a reference that says so?
anilsal
10-10 02:00 PM
You got your GC.
eadguru
11-01 04:56 PM
Hi eadguru
I too got query for AP to send clear copies of all data pages of PP,
where did you make color copies and how much it would be ?
Do we need to take all pages from the passport !
Thanks
I did it in Kinkos, I took all data pages in color and empty pages in black and white. It cost me around $15. (For two people). I also included all I 94 Cards.
I too got query for AP to send clear copies of all data pages of PP,
where did you make color copies and how much it would be ?
Do we need to take all pages from the passport !
Thanks
I did it in Kinkos, I took all data pages in color and empty pages in black and white. It cost me around $15. (For two people). I also included all I 94 Cards.
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