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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1 (permalink)  
Old 09-13-2007, 03:33 PM
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Default Full time + Part time job/Self Employment after 180 days

What are the implications of taking up a similar fulltime job (AC21) and a different Part Time job/Self Employment after 180 days?

Will there be any problems if the part time job/Self Employment pays more than the full time job?
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  #2 (permalink)  
Old 09-13-2007, 04:05 PM
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Default possible conflict of interest

I have read somewhere that self employment (like in a own co) might be considered conflict of interest to EB GC

I too have just applied 140/485 ap/ead ...someone else with experience on ac21 might be able to provide better insight
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Jan 2005 - EB3-PD
140/485/EAD/AP - Applied concurrently (Nebraska)

Aug 16, 2007 - RD, Oct 3, 2007 - ND (all case #s are LIN-08-00)
FP date Nov 6 (done)
i765 self and spouse - approved Nov 23
i131 self and spouse - lud Oct 9, Jan 30, Jan 31- doc mailed email Feb 4

i140 - lud Oct 4, Dec 18
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i765 self and spouse renewal e-file ND/RD -Jul 28 FP Aug 16 Cards recd Aug 28

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  #3 (permalink)  
Old 09-13-2007, 04:53 PM
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Default

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Originally Posted by senk1s View Post
I have read somewhere that self employment (like in a own co) might be considered conflict of interest to EB GC

I too have just applied 140/485 ap/ead ...someone else with experience on ac21 might be able to provide better insight
Self employment is NOT considered as conflict of interest as per Yates memo. A person can port AC21 even for Self Employment.

Here's the GC case of "United Nations" who got his I-485 approved after being self employed.

Read the Quote by "United Nations" in http://immigrationvoice.org/forum/sh...&postcount=212

But his case was totally different from my question. He was self employed full time, hence the IO wanted to verify his intent to work for the GC position.
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Last edited by americandesi; 09-13-2007 at 04:56 PM.
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  #4 (permalink)  
Old 09-13-2007, 05:50 PM
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Default United Nations - Question

Quote:
Originally Posted by americandesi View Post
Self employment is NOT considered as conflict of interest as per Yates memo. A person can port AC21 even for Self Employment.

Here's the GC case of "United Nations" who got his I-485 approved after being self employed.

Read the Quote by "United Nations" in http://immigrationvoice.org/forum/sh...&postcount=212

But his case was totally different from my question. He was self employed full time, hence the IO wanted to verify his intent to work for the GC position.
I did read the details provided by United Nations. In fact I remember speaking with him once also. But what is self employment? Is there a official definition?

If he did not have W2, Tax returns during self employment, what does that indicate? Was he employed by himself and he had no revenue.. Or he had revenue for his company but did not pay himself at all..?

If he did not pay himself, how do you survive? Based on savings??

If he has given affidavit of support, I guess that would be for his wife..showing he can support her? or is it the other way round when she was getting paid by his company?

Am I thinking right or going in the wrong direction completely....

I did write United Nations also an email...will also wait to hear from you all ....
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  #5 (permalink)  
Old 09-13-2007, 06:09 PM
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Default

Quote:
Originally Posted by nlalchandani View Post
I did read the details provided by United Nations. In fact I remember speaking with him once also. But what is self employment? Is there a official definition?

If he did not have W2, Tax returns during self employment, what does that indicate? Was he employed by himself and he had no revenue.. Or he had revenue for his company but did not pay himself at all..?

If he did not pay himself, how do you survive? Based on savings??

If he has given affidavit of support, I guess that would be for his wife..showing he can support her? or is it the other way round when she was getting paid by his company?

Am I thinking right or going in the wrong direction completely....

I did write United Nations also an email...will also wait to hear from you all ....
Here’s the explanation for self-employment
http://en.wikipedia.org/wiki/Self-employment

What I understand from his post is that he deliberately didn’t provide his tax returns during the interview.

In case he had provided the tax returns, the IO would have compared his self employment income with the proffered GC wage and would have questioned his intent to work for the GC position if the former was higher than latter.
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  #6 (permalink)  
Old 09-13-2007, 06:18 PM
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Default thanks for pointing out my mistaken opinion

Does TN visa have anything to do with not paying taxes in the US under NAFTA?
I dont understand that

Here is how IRS describes self-employed
http://www.irs.gov/businesses/small/...115041,00.html
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Jan 2005 - EB3-PD
140/485/EAD/AP - Applied concurrently (Nebraska)

Aug 16, 2007 - RD, Oct 3, 2007 - ND (all case #s are LIN-08-00)
FP date Nov 6 (done)
i765 self and spouse - approved Nov 23
i131 self and spouse - lud Oct 9, Jan 30, Jan 31- doc mailed email Feb 4

i140 - lud Oct 4, Dec 18
i485 self and spouse - lud Oct 9, Nov 7, Dec 18
i765 self and spouse renewal e-file ND/RD -Jul 28 FP Aug 16 Cards recd Aug 28


Last edited by senk1s; 09-13-2007 at 06:22 PM.
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  #7 (permalink)  
Old 09-14-2007, 02:23 PM
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Default

Quote:
Originally Posted by senk1s View Post
Does TN visa have anything to do with not paying taxes in the US under NAFTA?
I dont understand that

Here is how IRS describes self-employed
http://www.irs.gov/businesses/small/...115041,00.html
Not sure about that. But applying for GC on TN visa will be a problem because unlike H1, TN is NOT a dual-intent visa.
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  #8 (permalink)  
Old 09-19-2007, 06:25 PM
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Default EAD for visiting Canada

Guys I am not changing jobs and does not have valid visa in my passport. To visit Canada can i use AP when coming back in, would that trigger my EAD use do I need to notify my employer about anything for this like I-9 form etc ....

Please do reply, appreciate your input .........

Last edited by drirshad; 09-20-2007 at 06:01 PM. Reason: Another question regarding shift to EAD
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  #9 (permalink)  
Old 09-21-2007, 07:21 PM
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Default 30 day rule

On H1/H4 there is a 30 day travel rule for Canada and Mexico (of course you need to have approval document of H1/H4) - i'm not sure if the same thing holds good for an adjustee
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Disclaimer: NOT Legal Advice


Jan 2005 - EB3-PD
140/485/EAD/AP - Applied concurrently (Nebraska)

Aug 16, 2007 - RD, Oct 3, 2007 - ND (all case #s are LIN-08-00)
FP date Nov 6 (done)
i765 self and spouse - approved Nov 23
i131 self and spouse - lud Oct 9, Jan 30, Jan 31- doc mailed email Feb 4

i140 - lud Oct 4, Dec 18
i485 self and spouse - lud Oct 9, Nov 7, Dec 18
i765 self and spouse renewal e-file ND/RD -Jul 28 FP Aug 16 Cards recd Aug 28

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