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Friday, June 24, 2011

chutes and ladders game

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  • 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.





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  • Dhundhun
    04-15 04:04 PM
    Congratulations! But I think freedom is yet months away - need to be with same employer for some more time.





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  • bkam
    03-17 11:53 AM
    I am not sure how successful the effort of IV would be. I am not sure if all the work done by the core memberts and volunteers will help us to get quick of the mud we are in. I have a "plan B" and do not rely much on this mirage called Green Card. If it comes in a reasonable time - OK, if not - then I am gone. World is a wide interesting place and if one is a hard worker and a honest person, there is always opportunities.

    But I contributed, I supported the IV effort and I am sure that I have done the right thing. Today is St. Patrick's day and that reminded me a saying of an old Irish friend: - "We better die standing instead on our knees". In our case it means that even if we do not achieve anything with this money and loose it, at least we prove that we are not just silly turkeys :p

    Keep fighting for the right cause !





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  • FOR_LIBERTY
    11-13 10:58 AM
    Folks,

    I have recently moved to Houston. Count me in as a member of Texas chapter.



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  • lazycis
    10-11 02:49 PM
    If H1/ H4 is still valid, you can revalidate H1/H4 if you leave the country, get a new visa and re-enter. S/he needs to do that no later than 180 days after I-485 denial. S/he is out of status starting from the denial of I-485.





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  • martinvisalaw
    04-02 01:18 PM
    As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.



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  • chi_shark
    10-08 10:43 AM
    not website... just the category... thanks for your opinion...

    also, title leaves the possibility that the content talks about a creative new business idea... or some creative twist in interpretation of law...

    I see nothing wrong with this topic at this website. We had a lot of pressure on GC. The bad economy just made our life worse. We need some high spirit.

    And the title clearly indicates that it is not about any specific immigration issue. People don't have to click when not interested.





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  • spulavarthi
    08-27 02:55 PM
    2 weeks back we rec'd 2 yr EAD renewal expiring August 2010 TSC, current EAD expired 08/20/2008.

    EB2 - I
    PD : Feb 2006
    I-140 approved Nov 2006.



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  • onemorecame
    06-26 04:30 PM
    IS Bill Passed?





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  • shana04
    05-18 01:05 PM
    RFE for Dependent - To show the valid status from day of entery till we filed I 485

    One of the supporting document is I-94, but we gave at port of departure.

    We have the second I-94 which we received while coming back. Is this copy good enough or do we need to get the second copy.

    any body with similar experience please share your thoughts.

    Thanks,
    Shana



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  • ultimo
    09-05 10:01 AM
    i 485 u will get it soon





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  • humsuplou
    03-09 01:30 PM
    Right, one can own but not run a business with H1-B, but can own and run with EAD.

    Thanks again!!!



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  • psaxena
    06-29 01:53 PM
    What are your skillset.. PM me immeditely that.

    I am not a recruiter but got a few contacts and may be of some help.


    Hi,
    I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.

    I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
    Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.

    Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.





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  • lazycis
    01-15 11:04 AM
    See also

    http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument

    On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001

    The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.



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  • paritp
    03-03 07:51 PM
    hi all,
    my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)





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  • number30
    09-27 03:40 PM
    My Priority date is Jun 2006 and applied in EB3 category.


    Are you sure it is an approval?



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  • gcwait2007
    10-11 07:22 PM
    Any attorney involvement is there during the porting request ?

    No Attorney involvement. Letter to USCIS was drafted by our company paralegal (who is my friend), I signed and sent the letter with enclosures (copy of my I-140 approvals and pending I-485 application receipt notice)





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  • jonty_11
    07-24 01:47 PM
    "filing 2 AOS is not possible"..it is not written is law....so dont advise that it is illegal.

    However, as a part of this community, we encourage people to file one AOS per individual...it not only reduces the long lines at USCIS...but also will avoid u unecessary delays as teh general notion is taht USCIS will send RFE or a letter stating u have 2 AOS's fo r same individual which one u wanna keep....so lets all just file one per application...
    Already there are close to half a million applications looming at USCIS's doorstep...





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  • nozerd
    01-20 11:51 AM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.





    Mr. Brown
    09-30 05:53 PM
    ... there are always idiots in any group.





    sunderbans
    04-07 06:37 PM
    Hi

    I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.

    Please let me know thanks



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