shishya
09-27 12:43 AM
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
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howzatt
11-14 01:17 PM
My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
sunny1000
11-14 01:24 PM
My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.
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Soul
05-30 05:12 PM
:P
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raysaikat
01-06 02:06 PM
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
lskreddy
11-10 02:58 PM
The answer is no, she cannot volunteer. Community service is probably all one can do but any others that potentially can be perceived as displacement of US worker is certainly a no-no. In the proposed case, it can be construed as such.
Having said all this, its tough to interpret what actually is and is not true.
Having said all this, its tough to interpret what actually is and is not true.
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dingudi
06-07 11:45 AM
Is this RFE on your pending 485? What service center is this at? TSC or NSC.
Also what you can do is request IRS transcripts for year 1999-2000 if you cannot find the returns.
Also what you can do is request IRS transcripts for year 1999-2000 if you cannot find the returns.
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GCcomesoon
08-01 12:31 PM
Hi
I have read the thread for FP & biometrics.In my case 485 was approved in April this year & later in May I got the biometrics done. Due to which my physical card delivery got delayed. Till date I haven't received it but the passport is stamped for travel & employment purposes.
I had recent LUD of card mailed yesterday , so hopefully in next few days I should get it. My point is if you haven't received your FP/Bio then call USCIS , talk to IO, take info pass & get it scheduled & see to it that the data is correctly uploaded to your case by calling up again.
This would reduce all the possible delay.
Thanks
GCcomesoon
I have read the thread for FP & biometrics.In my case 485 was approved in April this year & later in May I got the biometrics done. Due to which my physical card delivery got delayed. Till date I haven't received it but the passport is stamped for travel & employment purposes.
I had recent LUD of card mailed yesterday , so hopefully in next few days I should get it. My point is if you haven't received your FP/Bio then call USCIS , talk to IO, take info pass & get it scheduled & see to it that the data is correctly uploaded to your case by calling up again.
This would reduce all the possible delay.
Thanks
GCcomesoon
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casinoroyale
01-03 01:43 PM
vxg,
How come they are doing namechecks on women? That is supposed to only for male from 17-45 years of age? Can you please clarify? what is namecheck or TechnologyAlertList (this is the only check they can likely do on women as per my understaning).
What that namecheck on YOU or on your wife?
Thanks.
I asked the same question to my attorney as last time my wife was stuck in name check in H-4 stamping. This time she was on H-1 and I asked the attorney that if she goes for H-1 and H-1 get's delayed or denied can she use AP without affecting the GC and his answer was Yes. The AP should have an approval date before she left the country i.e. AP should be approved while she was in US.
How come they are doing namechecks on women? That is supposed to only for male from 17-45 years of age? Can you please clarify? what is namecheck or TechnologyAlertList (this is the only check they can likely do on women as per my understaning).
What that namecheck on YOU or on your wife?
Thanks.
I asked the same question to my attorney as last time my wife was stuck in name check in H-4 stamping. This time she was on H-1 and I asked the attorney that if she goes for H-1 and H-1 get's delayed or denied can she use AP without affecting the GC and his answer was Yes. The AP should have an approval date before she left the country i.e. AP should be approved while she was in US.
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jackisback
05-27 03:04 PM
I had e-filed for me and my wife on 05/14.
App went to NSC. Sent docs on 05/19 - delivered on 05/21
Soft LUD on 05/17, 05/18 and on 05/24
Got receipts on 05/21
Yesterday (05/25) got ASC notice for FP for my wife.. did not know that FP is needed for EAD.
I thought last time we got FP notice.. it said app type as I-485.. that time.. in July fiasco.. we had applied for 485/EAD/AP all together
Have not got my FP notice yet
I have a Que - my daughter is 7 and initially the attorney had applied for EAD for her too... but then after the first time (2007) I did not apply for her EAD.. I thought no point in wasting $340 every time..
Now since FP notices are coming for my wife and hopefully for me - how about FP notice for my daughter? Do I need to apply for EAD for her.. to get FP notice?
If I don't get FP notice for her - will her Case be ok?
App went to NSC. Sent docs on 05/19 - delivered on 05/21
Soft LUD on 05/17, 05/18 and on 05/24
Got receipts on 05/21
Yesterday (05/25) got ASC notice for FP for my wife.. did not know that FP is needed for EAD.
I thought last time we got FP notice.. it said app type as I-485.. that time.. in July fiasco.. we had applied for 485/EAD/AP all together
Have not got my FP notice yet
I have a Que - my daughter is 7 and initially the attorney had applied for EAD for her too... but then after the first time (2007) I did not apply for her EAD.. I thought no point in wasting $340 every time..
Now since FP notices are coming for my wife and hopefully for me - how about FP notice for my daughter? Do I need to apply for EAD for her.. to get FP notice?
If I don't get FP notice for her - will her Case be ok?
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himu73
07-13 03:43 PM
BEst of luck to you all for the rally. Take lots of photos. Who is arranging video cameras,digital cameras from IV.
NJ member
NJ member
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voldemar
03-20 01:08 PM
I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves?
No, not mandatory.
Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how? Employers will not be bound to employ you after you get green card. AC21 protects employee - not employer.
Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.I'm not discussing any "other reasons". Only USCIS denial of already approved application because of Ability to Pay when they add up all pending I-485 cases with I-140 pending or approved within one company. In that case if employer withdraw I-140 it could not be added to a pile of pending or approved I-140 - employer is not obliged to pay this employee.
No, not mandatory.
Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how? Employers will not be bound to employ you after you get green card. AC21 protects employee - not employer.
Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.I'm not discussing any "other reasons". Only USCIS denial of already approved application because of Ability to Pay when they add up all pending I-485 cases with I-140 pending or approved within one company. In that case if employer withdraw I-140 it could not be added to a pile of pending or approved I-140 - employer is not obliged to pay this employee.
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chris
09-29 07:31 PM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
If your name check cleared, you may have some hope.
If your name check cleared, you may have some hope.
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arihant
10-26 10:42 AM
I have a question: How many months in advance should you apply for H1 extension? Do you get extension from the date you applied or from date when your H1 expires?
1) You can apply up to 6 months before your H1 expires.
2) You get extension from the date your previous H1 expires.
1) You can apply up to 6 months before your H1 expires.
2) You get extension from the date your previous H1 expires.
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krishna.ahd
10-15 03:58 PM
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
Start with this - much simpler
http://money.cnn.com/magazines/moneymag/money101/lesson4/
or this
http://www.fool.com/investing/basics/index.aspx?source=ifltnvpnv0000001
Good Luck
BTW , there are supposed to be lot of police around here , looks like all are set with GC
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
Start with this - much simpler
http://money.cnn.com/magazines/moneymag/money101/lesson4/
or this
http://www.fool.com/investing/basics/index.aspx?source=ifltnvpnv0000001
Good Luck
BTW , there are supposed to be lot of police around here , looks like all are set with GC
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snathan
08-18 03:16 PM
Thanks for the replies guys....
TXH1B,
The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.
I think you are in trouble. The USCIS asked for your previous employer's pay stub but you supplied the pay stub from current employer. There is a strong possibility for denial. Then your employment became unauthorized. So hope for the best and prepare for the worst.
TXH1B,
The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.
I think you are in trouble. The USCIS asked for your previous employer's pay stub but you supplied the pay stub from current employer. There is a strong possibility for denial. Then your employment became unauthorized. So hope for the best and prepare for the worst.
more...
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nayekal
08-18 06:30 PM
Exactly.....You nailed it correctly.
Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.
At least don't wish them bad luck....
Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.
At least don't wish them bad luck....
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optimystic
03-19 05:55 PM
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
That would be quite surprising (but not unusual with USCIS :confused: ).
If the case has RD in last week of June then theoretically it had some windows where its PD would have been current
June last week - July 2 and
July 17 - Aug 17th.
But looks like the approval happened in Nov/Dec 07...nowhere near the possible PD current time frames I mentioned above. And also during Nov/Dec 07, EB3- India was 'U' ...so how did the case get adjudicated, and Visa number assigned during that time frame ??? !! One could not even argue that the case got adjudicated and visa assigned during July/Aug timeframes but got stuck for a while before the approval was mailed....'cos its about 3-4 months difference to the time the actual approval was mailed!
Should people who get such unusual approvals be worried that USCIS may realise their mistake later and retract the asssigned Visa numbers and put the case back into adjustment of status mode?? I hope not for the sake of sanity of those people who got the approval !
More the reason for me to get the Infopass in April and hopefully force them to open up my case and look if it can be adjudicated.. :( . I wonder what my company's immigration attorneys would say. They usually do not recommend the applicants directly contacting USCIS.
That would be quite surprising (but not unusual with USCIS :confused: ).
If the case has RD in last week of June then theoretically it had some windows where its PD would have been current
June last week - July 2 and
July 17 - Aug 17th.
But looks like the approval happened in Nov/Dec 07...nowhere near the possible PD current time frames I mentioned above. And also during Nov/Dec 07, EB3- India was 'U' ...so how did the case get adjudicated, and Visa number assigned during that time frame ??? !! One could not even argue that the case got adjudicated and visa assigned during July/Aug timeframes but got stuck for a while before the approval was mailed....'cos its about 3-4 months difference to the time the actual approval was mailed!
Should people who get such unusual approvals be worried that USCIS may realise their mistake later and retract the asssigned Visa numbers and put the case back into adjustment of status mode?? I hope not for the sake of sanity of those people who got the approval !
More the reason for me to get the Infopass in April and hopefully force them to open up my case and look if it can be adjudicated.. :( . I wonder what my company's immigration attorneys would say. They usually do not recommend the applicants directly contacting USCIS.
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clockwork
05-11 07:42 AM
Hello All,
I apologize, if it caused any issue due to posting this message on this thread ( I did not realize the severity of thread name). But, what the heck is poorslumdog response? This is stupidity. If you dont have answer, keep the f**k with you.
I apologize, if it caused any issue due to posting this message on this thread ( I did not realize the severity of thread name). But, what the heck is poorslumdog response? This is stupidity. If you dont have answer, keep the f**k with you.
NKR
10-13 04:18 PM
Next time I'm thinking of going Tarzan style....
They take only finger prints.. ;)
They take only finger prints.. ;)
vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
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