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Member Profile: bestia (1052 posts)
 
Hello, I'm bestia
I am from Russia
I last logged in 3 hours 42 minutes ago
I have been a member since 19 Jul 2007
I have added 1052 posts in trackitt forums
I added my last post on 20 Nov 2008
A few words about me 
I have nothing to say about myself.
bestia's Immigration Cases
 
I-485 case: Pending for 521 days (164 days more than average*)  (20 comments)  (View approval trend)
User: bestia Priority Date: 02 Aug 2004
Service Center: Texas Category: EB3
Application Mailed: 13 Jun 2007 USCIS Received Date: 18 Jun 2007
USCIS Notice Date: 20 Jul 2007 Filing Type: non-concurrent
I-140 Processing: regular I-140 Approval Date:
Fingerprinting Date 1: 21 Aug 2007 Fingerprinting Date 2:
RFE: yes RFE Reply Date:
Name Check Status: too early to say Name Check Approval/Denial Date: N/A
I-485 Status: pending Approval/Denial Date: N/A
Card Ordered Date: Card Received Date:
EAD Applied: no AP Applied: no
EAD Approval Date: AP Approval Date:
Nationality: Russia Country of Chargeability: Georgia
Applicant Type: primary Last Updated: 02 Nov 2008
Notes: Got RFE email on 3/27... Auto-RFE on 5/2. Got LUDs on 5/4 5/5 5/6 5/7, and 5/16, 5/19..

*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)

bestia's Recent Posts

(Show all posts)
Posted in I-485 Forum 4 hours 41 minutes ago
Topic: Terrible Experience at Interview

To deny a case IO must concur with his supervisor. More likely supervisor will be a little bit more evolved than monkey.

I bet, they won't deny your case, but put on "additional review". Yeah.... always have a good lawyer with you. Good luck.
Posted in I-485 Forum 20 hours 6 minutes ago
Topic: TX Service center introduces streamline procedure

So if we start sending e-mails from ourselves, how USCIS is gonna verify if the e-mail came from an AILA member or from average Joe the lawyer or average Joe the immigrant?

I wonder, if they publish the email so openly, how are they gonna filter all the viagra and penis enlargement ads?
Posted in I-485 Forum on 19 Nov 2008
Topic: EB3, H1-B and paid unrelated Work/Hobby... Is it legal for me to engage? Thoughts?

DoItLegally, agree 100%. Yeah, you were right about 80k (just checked).

By "nobody cares if the sum if small" I meant that if the money is less than $10k and once a year, then it won't draw any attention. The recovered tax (even with penalties in worst case) won't cover the IRS officer's salary. IRS is after big money. But yeah - strictly legally every dollar must be reported.
Posted in I-485 Forum on 19 Nov 2008
Topic: EB3, H1-B and paid unrelated Work/Hobby... Is it legal for me to engage? Thoughts?

busco, it's tricky.

From one side you have full right to buy and sell any property, stocks, bonds, win money in casino in the US. If you earn any money out of that - you just declare it. It won't impact any your status. So, you can freely sell your work and not to worry about nothing.

From the other side. You can't work in the US and can't engage in business. So if you take a picture and sell it to someone, this might be considered as "working" or "engaging in business". This you can't do.

I would say - if the money is not big or the sales aren't often - go ahead and do it. If we are talking about large sums of money - hire a good lawyer, accountant and "proceed with care".

Now, regarding the case if you are selling your stuff to someone in France. Legally "residents" of United States are considered not only those who have green cards, but also those who pass "substantial presence test". So, even if you are on H1, IRS might consider you resident of the US. All residents must declare all earning everywhere in the world (and pay taxes). Obviously, if the sum is not large - who cares. I think you don't have to pay US taxes if you earn less than $80k in other countries, but if the sum is large, then Uncle Sam wants his cut :)

Just my opinion, not a lawyer.
Posted in I-485 Forum on 19 Nov 2008
Topic: Stright 485 denial - AC21 Case -Scarry situation

Many people went through that and all MTRs were successful. If you search trackitt plenty of people got approved after that. Don't stress out too much. File MTR ASAP.
Posted in I-485 Forum on 19 Nov 2008
Topic: I GOT IT!!! DOBRA'S GOT IT!!!

He-e-ey :) Dobra :) congratulations. So November was yours :) best wishes, enjoy green life :)
Posted in I-485 Forum on 17 Nov 2008
Topic: Urgent Help Needed!!!!!! IO with State Police at home today morning.


Bestia - All employers are required to update the USCIS with proper status about their employees



No they are not - absolutely not. They only have to revoke H1b, but there is no punishment for not doing it, so many don't (why should they do something if there is no fine?). If OP was on EAD, then the company just keeps the forms and responds only when audited.

Obviously I can't read into people's minds, maybe he is fake, but the story sounds real to me. Shit like that does happen. MrVulcan was right that ICE officers are trained to detain illegals, they maybe have no clue what "AOS" means. They are trained to look into visas. They saw expired H1 and thought that OP is illegal. That's why I was saying - OP shouldn't have shown any H1 or EAD, only I-485 receipt - that's it.

And I myself had nasty employer like that (not my sponsor, way before that - I should have PD 2000). And maybe my case is pending because some nasty letter gets shown up and confuses the IO, so they put my case on "additional review". Who knows?
Posted in I-485 Forum on 17 Nov 2008
Topic: Urgent Help Needed!!!!!! IO with State Police at home today morning.

jklife, I could answer all these questions. You have more rights than ICE tried to convince you.

Q. "NOW you are UNEMPLOYED, so your I-140 & 485 is no longer valid"

A. Employment based I-485 is for the FUTURE employment. I must be employed at the MOMENT of adjudication. I-140 and I-485 are valid until explicitly revoked by the adjudicator. Since you are not adjudicator I will not discuss details of my case with you.

Q. "so you are illegal and I can arrest you"

A. Go ahead and arrest me. Arrest me or leave my premises immediately.

Q. "You do not have the right to be represented by a lawyer when they are simply processing you for deportation"

A. I have right to be represented by lawyer EVERYWHERE. I don't have right for FREE lawyer - appointed by government. But I refuse to answer ANY question without legal representative.

Q. "Please DO NOT engage a lawyer when just visiting DHS officer"

A. Thanks for the suggestion, but you know where to shove your suggestion.


Don't be afraid of these officers. Federal judge is the one who is deciding things. Just get a job offer from somewhere or find some project and claim self-employment.
Posted in I-485 Forum on 17 Nov 2008
Topic: Any benifit of doing all the work ?

Go for EB2, Rizi, don't even think about it - convert to EB2. Look at us - ROW with 2003-2004 PD chilling without GC. It's almost 2009, you do the math.
Posted in I-485 Forum on 17 Nov 2008
Topic: Urgent Help Needed!!!!!! IO with State Police at home today morning.

Jesus, WantGCBad, moralslastix, what's your problem? To me OP's case sounds very real, shit like that is happening.

OP's employer messed things up. I had employer like that too years ago. He just wrote a nasty letter to USCIS and they had to respond. After 9/11 they have to respond somehow - officers rather put you in trouble than get in trouble themselves.

jklife, I think your biggest mistake was showing them EAD, H1, etc. Your status is AOS. You should have shown them your I-485 receipt and tell them to GTFO and that you will not be answering any question without a lawyer. Period.

Just hire a lawyer and face the judge. Judges aren't idiots like DHS officers.