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  • ksarin1
    01-13 11:25 AM
    Hello folks -

    I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.

    I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.

    Do you think showing business income on form 1040 will have any impact on the processing of I-485?

    Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.

    Thank you!





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  • DSLStart
    10-01 09:30 AM
    search forums here, people haven't gotten their FP renewal notices even after requesting number of times to USCIS. Request from congress member compels uscis to move their butt.

    Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...





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  • gcwait2007
    12-08 07:18 PM
    USCIS Ombudsman resolves general issues like delay in NSC for I-140 approvals.

    I found the following in DHS website:

    CIS Ombudsman - Send Your Recommendations

    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.

    Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm


    There is also a tele-conference happening on 14-Dec-2007 from 1.30 pm to 2.30 pm EST. For attending the call, you need to send email for getting you invited.


    I request Leaders of Immigration Voice to decide whether they can take-up with USCIS Ombudsman.

    Thanks





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  • go_guy123
    10-02 01:51 PM
    Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
    I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
    Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
    Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
    But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
    Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.

    Someone please respond.

    Long term US citizenship is far better. No confusion about that.
    If you have a GC/US citizenship job opportunities are far far more in US.
    I know because I live in Canada and worked on H1B in US and also worked in India.

    Well for Canadian citizenship you need to physically stay 3 years in the last 4 years.
    Coming back to reality EB3-India with PD of 2006, getting GC in the next 3 years is a pipe dream (really what are you smoking ? I also want to try that) without a piecemeal bill passed for visa recapture etc.

    The strategy would be to make move to Canada after 2.5 years or so (unless your spouse is a Canadian citizen).



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  • GreenCard4US
    08-21 02:22 PM
    Thank you very much for your quick reponse. Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.





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  • MetteBB
    05-11 01:25 PM
    on which one? all of them?


    appreciate the comments/critique :pleased:

    /mette



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  • voldemar
    06-27 11:53 AM
    EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.
    His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.





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  • sidd_k2002
    02-10 08:16 PM
    Guys i need some more information than this, and this is really urgent.Please share your views about this. I am really worried.



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  • Widget
    01-10 07:01 PM
    I think we have better chance this time, I noticed that numbersusa.com is referring to this bill as it is only for EB cases and not for CIR or SKIL. Thnaks for the updates.


    Find the link below...

    http://numbersusa.com/interests/legislation_proposed110.html

    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&


    I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.





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  • gc_relief
    04-27 03:39 PM
    I have still 7 months left over on my 6 year term and they have asked for 3 year extension based on the approved I-140.I'm talking to my company right now and will talk to the lawyer once they receive the denial reason which they should get in 2 -3 days.But my company is ready to appeal.Keeping all this in view if they file for an appeal for what ever reason and based on my visa expirt date which is on 31'Mar 2009 how long will I get to stay and work legally to hear the answer for the appeal??



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  • wandmaker
    08-18 10:54 PM
    I did B.E in Computer Science Engg, 4 yrs Course.

    I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".

    That's all i know at this moment. I don't know whom to trust at this point.

    When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card





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  • green-mile
    01-18 03:17 PM
    Hey NJBOY , here no one is against no one .....
    Planum is trying to tell you , check your facts before you post some thing (This includes your heading)...

    your heading clearly says [B]recession = 485 deny?, how does any one will assume if NJBOy says 485 what he exactly meant is labour certification.


    Before you blame some one double check your post.


    BTW , I don't think USCIS has history of denieng 485 on the grounds of recession, if any one who already crossed 180 days after filing 485 are required to show that the person is still working in the similar job..as long as person working , USCIS should be able to grant greencard, provided visa numbers availability.



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  • reddog
    10-18 02:15 PM
    When they do FP, they tries to match with criminal database. Why do they want to match to the Port of entry or Security clearance database and give RED color warning. I think it is something you need to work with your attorney. Even in Name check, they tries to match with Criminal first, middle or last names and if match found, they do some investigation on your case. Same logic goes with FP. They won't match with good records, but they tries to search in bad records. It is simple common sense. Nothing to panic, but check with your attorney.

    That is so not true, you are linking this to the criminal database?
    SO as soon as the finger printing is done, within a fraction of a second, they match your fingerprints to the criminals and even let you know that by displaying a Red sign.
    Leos link has the answer, the red match found error is simply an error between your finger prints taken together and then done individually.

    The Service rep also individually goes thru all the FPs to check if the FPs taken together match those done individually.





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  • chanduv23
    02-26 12:37 PM
    Congressman - things can move quick and you can get personalized attention.

    Senator - things may be a bit slow because they handle the entire state.

    How your case can be treated - there is a trick that I would like to share.

    For any politician it is in their best duties to help their constituent and that too a law abiding tax paying constituent.

    For any staffer at their office, it is best for them to be of help to the constituent because they get brownie points.

    You must present yourself and your case with a lot of humility, clarity, easy language, proof of documents, and words of praise and humble request for help - then you can actually see that things do work.

    USCIS has an internal liason called congressional liason and all congressional enquiries are routed carefully through that liason. It is in best interest of the liason to make sure they do everything right and come back with a responsible answer. Most times thei entire process is made visible to you via emails copied to you or printouts of conversation or sometimes the liason asks you to come to their office and talks to CIS in your presence.

    This is not like Infopass where you can expect only luck to help you.

    Another option is to approach the Ombudsman. Ombudsman's office is slow, but it is effective too.



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  • funny
    09-16 04:54 PM
    Plase make those Calls...





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  • chanduv23
    12-24 09:50 PM
    There won't be chat on Thursday, 25th, December 2008 as it is Christmas.



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  • sertasheep
    08-03 10:01 PM
    If PA members can't make it to the rally, I suggest that members can atleast cheer and meet up with other members who are in transit (eg, provide moral support, refreshments, by meeting at some rest area in MD or DE)

    Thoughts]?





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  • satyasaich
    07-03 02:16 PM
    It's true that one has to mention about 485, select a choice between consular processing vs processing with in USA. this is usually done while applying for 140.
    However, one can always make an amendment (to either approved 140 or 140 in pending ) to change the choice

    by doing so, one has to wait for a bit longer time. (but, what difference it makes in these days of retrogression?)


    I heard Changes must be made in I140 to do Consular processing from I485





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  • WillIWin?
    01-04 09:16 AM
    This is possible. The gist of the rule is:
    Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).

    You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.

    Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)





    rajivkumarverma
    10-16 07:16 PM
    Whats the reason for the denial ?

    My Labour was For EB-3 and my I-140 was filled in EB2
    One of my Colleague also had same case but he got query on his
    I-140 and mine got denied

    I have a question
    Now I will have to file new labour and I-140 can
    Will I loose my old priority dates





    sdrblr
    11-01 10:07 PM
    You do NOT need a mexican visa for Indian citizens if you satisfy the below

    1) Stay less than 72 hrs
    2) stay with in 40 km from the US border

    Get a Mexican Permit (alternate to a visa)... Permit is just a piece of paper, the Mexican immigration officer do not even stamp your passport with an entry stamp. I had been to Mexico to get my US visa stamped and I never got a mexican visa.

    Hope this helps.


    Do you need Mexican visa? Depends on the passport you hold, I believe nationals of some countries dont need the visa. There is one online blog by an Indian who went without the visa (to a bordering city), even though India does not have visa exemption -- he says that the visa is not strictly enforced.



    The blog also states that you can ask for I94 at the port of entry. Please google for the blog.


    Edit: This is the blog http://tijuanatrip.blogspot.com/



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