Tuesday, June 14, 2011

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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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  • chetanjumani
    03-14 02:35 PM
    And with a new USCIS leader, it might get his attention, when he/she is trying to learn about what all needs to be taken care of.





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  • shishya
    04-30 12:59 PM
    Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.

    I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.

    Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(





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  • vxg
    07-27 03:10 PM
    Thanks. I will ask my employer if they can provide me one.
    My employer has sent me a copy of I-140 approval and i got a letter from Dallas BEC stating my labor was approved.



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  • windingroad
    04-07 06:40 PM
    What if VISA is not given .. can you come back?

    Not if your previous visa stamp on passport has expired.





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  • satishku_2000
    02-13 02:36 PM
    In last May I applied on thursday and got a new passport on Saturday ...



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  • xyz2005
    08-06 04:53 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    Heartiest congrats
    Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.

    Take care and accept our heartiest congrats once again.

    Best Regards,





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  • suny_saini
    08-06 07:17 AM
    I-140 was approved on october 08, 2002
    and it was filed on may 20, 2003

    i dnt think that my dad filed I-485.



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  • jatinr
    08-03 05:40 PM
    My I-140 is approved.

    But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?

    You are right, if you apply now, you will get 3 yr extension. The extenion is based on whether your I-140 is approved and if the visa numbers are unavailable at the time of applying for extension.





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  • va_il
    02-13 08:57 PM
    Thanks a lot for the information. Since I had sent my renewal application via courier, I never got any pick up slip. I have paid $15 for mailing service. What I am worried is that even if I drive 5 hours to pick up, if they haven't processed my application (its close to 4 weeks now since I have applied), I will run out of options. On the website they claim that they will process in 5 business days. I must have tried close to 5 different phone numbers multiples times for past week or so. I have also emailed and faxed my query multiple times. Same result - No response at all. I just don't get how work is done at the embassy.


    I have no idea about all these complaints. I gave my passport for renewal on last thursday and i picked up new one on friday. Never heard of delays on this issue.



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  • Madan Ahluwalia
    02-23 02:55 PM
    Two things:

    1. You might benefit from 245(k) provisions. Check with your attorney.
    2. Do not provide tax returns. it is not required at the time of filing of green card application.

    Good luck.





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  • mikemeyers
    11-07 04:34 PM
    if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.

    good luck!!!

    Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.

    What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??



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  • pappu
    08-14 04:10 PM
    and you thought only BEC are the only ones messing up...
    http://murthy.com/news/n_balapp.html





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  • CRAZYMONK
    09-24 02:37 PM
    I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
    Got RFE for both of us.

    Could be. Nice Find.

    There you are. I am pretty sure that the reason for your RFE is your travel.

    Every thing should be fine if you just send your medicals again.

    Any way all the best.



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  • obviously
    12-08 10:57 AM
    - make sure that you identify yourself and your LEGAL status
    - consider using following 'talking points' to reframe the dialog
    - focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
    - be personable, nice and kind
    - good luck and all the best!!

    In support of SKIL and other relief measures for High Skilled Immigrants:

    NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
    HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!

    CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
    HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.

    HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
    HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.

    It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!

    Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.

    We seek neither entitlement nor social promotion
    We seek no social service
    We seek no special treatments

    We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!

    History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?





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  • ocpmachine
    06-06 12:13 PM
    Guys who get RFE should keep a close watch on the receipt of the notice within 10 days from RFE issue date, if you don't receive it make sure you call them and get the RFE faxed or resent, the deadline to RFE respond wont be extended no matter what you do, this is based on my personal experience.

    I got an RFE on May15'09, till date i have not received it, i did manage to get the RFE contents faxed to me after waiting 15 days but the medical form is lost somewhere, i am still working on responding to the RFE before June14'09 deadline.



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  • pranju
    05-30 04:48 PM
    Please do send the fax to all senators, if you have not send the webfax to all senators, please do so now





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  • xtronics
    11-02 10:26 AM
    Thanks Prashanti
    What is the approximate time for the perm labor to get approved in current situation? I know we can apply for premium processing for I-140. Premium processing is 3 months?
    Please let us know when you get a chance.





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  • wandmaker
    10-12 04:25 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest

    As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.





    payal_nag
    10-25 02:57 PM
    my husband's I-140 just got approved in a week's time. We were still waiting for the receipt number, instead the lawyer said she had received the approval paperwork!





    GLIX
    02-23 07:37 AM
    so how long did it take for them to approve your 485 from the time you had your fingerprinting done.



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