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What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?

The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.

If I've I-485 pending, i would never travel without an AP.

-GCisaDawg

I am in Austin, I got my FP done on 10/11 in San Antonio. It was a pleasant experience if you go early. My applicatoin was reached NSC on 2nd July. Got EAD, but no AP yet.

I wish that the closest strawberries, which happen to be the brightest ones that draw attention, could be in better focus. Using a smaller aperture would bring more of the berries into focus. Otherwise, I really like the photo. Good job! :cool:

Our AP saga got its final miracle today. (at least I think it�s the final one�) Though my spouse�s and daughter's AP were finally got approved yesterday, the miracle is that TSC has decided to expedite and overnight them, based on a fax from my father-in-law�s doctor.
The very nice lady IO at SF INS office this morning asked for our telephone numbers, and then followed up and called us on our cell phone to confirm that TSC is expediting the APS�..�and overnight-ing them!

Prior to this last miracle the journey was choppy.
We are to leave for India on Dec 26th... ..the APs were e-filed on July 12 to give TSC enough time.

Because nothing seemed to be happening I faxed TSC director (no use), another fax at TSC (not much use), made friends with a TSC rep...(great) got in touch with my Congressman George MIller's office..(fantastic), leading to the approval yesterday and then today comes the icing on the cake� the overnight-ing�.

After a season of dryness, it doesn't just rain, it pours!

This is nothing. This is also like Biden speaking in Central America recently. Lots of noise, but Obama is moving forward

I like your ever beaming optimism...and +ve outlook... (no pun intended)..Lets see whats in store..U never know..

HI,

I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.

Any information is appreciated.

Thanks,

Budy this is an immigration forum, not a tax one.

I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney

This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.

As long as you use your H1B to travel, you are fine.

Have a good trip

afaik there is no impact on GC... EXCEPT: if there is an RFE, you have to prove beyond doubt to uscis that you have a full time job and your job duties are "Same or similar" to what is in your labor application... however, if you asked me, from a tax and liability perspective, i would recommend going for llc/s-corp/c-corp (based on your situation) instead of 1099... even 1099 can be used for good tax benefits but is not that great from a liability perspective... having said that, if you are into software development, it is likely that you will be asked to buy liability insurance... so, it all depends on your situation...

Hello

I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway

My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months

Thank you

I had EAD from Aug 2007 to July 2008 which i never used. Now i would like to get EAD again. Should i file it as renewal or applying for a new one? TIA

Why not petition a GC for your mother and son? You are a US citizen petitioning their parent. It should be a fast process. And your son, if born after you became a citizen, might be entitled to US citizenship. I encourage you to talk to an immigration lawyer. I'm sure you have many options available to you.

I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.

I think 4-5 months is decent time to get AP. But with current volume I am not sure.

I don't think traveling back on AP invalids your H1. I checked with my lawyer and this is what he told me.

Please meet the lawyers and get their opinion. If all of them say the same thing, then that is the option. If they have differing opinion, then check back via immigration forums.

Most of the folks at IV have applications based on employment and not based on marriage. So you may not get good answers.

Try in the early morning hours like 5 - 6 AM EST ....

If any one of your parent can speak English then you can take the appt in English. I did it for my In-Laws and they got the visa.

I am a july 07 filer with EB2 PD Oct 2005. I switched employers in early part of this year. My employer has been very erratic and not paying me salary for past 2 months because his money is not cleared from his client. I have found another contract but my employer wants to wait until his money is cleared before he can pay me and that can take longer than 6 months !!! (if his money is not cleared before)

Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.

green if this helps otherwise just ignore.

http://immigration-information.com/forums/showthread.php?t=6243

comeon..So now why we are going to try to make some deductions based on self-filing and lawyer-based applications?

Please stop this. Please do your best to reduce clutter on the site.

Also, shameless bump

skarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.

So We are abandoning the current H1 if we go before its approved .
How do I get the I-94 based on the new H1B , just ask them to stamp it like that ?

Thanks wandmaker.

I got EAD with "finger print not available" on card. Strangely ,Online status doesn't has any information it still displays that NSA received my EAD application and they are processing.It seems they are sending EADs but they are too busy to update their system.
I got my EAD card even before I went for FP.It doesnt matter.

During this tough times of un-employment, it is very unfortunate that many of us lose our jobs. As a result many of us lose medical benefits too. I would like to explore our options for medical insurance (which is the most needed) for someone who lost their jobs and cannot afford COBRA coverage since it is very expensive. IF you are unemployed and if you have bought your own medical insurance (not as a group plan through the employer), but bought it as an individual plan, can you throw in some details. This will be helpful to many who have lost or going to lose jobs, for them to understand how much they need to spend for different kinds of medical coverage. Thanks to everyone.

Are you working for your new employer now? (I assume not).
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...

But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....

pal :)

Hello,

Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?

Thanks.

Still waiting [YAWN]

I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?

That I or USCIS cannot guaranteee.....:p