deecha
06-17 01:31 PM
It is illegal to derive income by selling iphone apps.
For F1 students, any off campus employment must be related to their area of study and must be authorized by your school's designated official...
see: USCIS - Students and Employment (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60a RCRD)
Again, you are not supposed to derive any income by selling iphone apps.
Disclaimer: I am not a lawyer. Please do not take this as a legal advice.
If you apply a very narrow employment criteria... you're absolutely right. A student may not accept employment off - campus. However in this case, I don't even think that selling iPhone apps, constitutes employment. Here is an extreme example : What if I wrote an app and put it on the Apple store and specified that all financial proceeds should go to the OP, without me deriving any kind of labor or tangible benefit from him (a donation of sorts) ? Would that be employment ? If that is considered employment and is illegal then I believe that the OP does not have a case.
Please refer to my other post about most laws not being absolute, but subject to interpretation.
I am not a lawyer and this is not legal advice in any way. To the OP, if you have doubts, it is best to consult a legal authority.
For F1 students, any off campus employment must be related to their area of study and must be authorized by your school's designated official...
see: USCIS - Students and Employment (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60a RCRD)
Again, you are not supposed to derive any income by selling iphone apps.
Disclaimer: I am not a lawyer. Please do not take this as a legal advice.
If you apply a very narrow employment criteria... you're absolutely right. A student may not accept employment off - campus. However in this case, I don't even think that selling iPhone apps, constitutes employment. Here is an extreme example : What if I wrote an app and put it on the Apple store and specified that all financial proceeds should go to the OP, without me deriving any kind of labor or tangible benefit from him (a donation of sorts) ? Would that be employment ? If that is considered employment and is illegal then I believe that the OP does not have a case.
Please refer to my other post about most laws not being absolute, but subject to interpretation.
I am not a lawyer and this is not legal advice in any way. To the OP, if you have doubts, it is best to consult a legal authority.
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raydhan
01-31 11:17 AM
Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
bkam,
Please note that Immigration is not a right. It is a privilege that we are given by this great land of immigrants. Nobody put a gun to our heads and forced us to come here. If you feel bonded by your current employer, you can leave and go back to your home country where you will not be a "legal slave".
If we have the skills and the right knowledge....WE ARE NOT SLAVES AND WE WILL NEVER BE.
Regarding your statement that the members of our family cannot work legally and our spouses lose their professional career........that is B.S.
Ever thought of asking your spouse to get higher education and get H1-B like some of our spouses do? In that way they will not "lose their professional careers" as you claim. Au contraire...they will only enhance their professional lives.
Think for about 5 minutes before you state certain things and type them here.
Good luck.
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
bkam,
Please note that Immigration is not a right. It is a privilege that we are given by this great land of immigrants. Nobody put a gun to our heads and forced us to come here. If you feel bonded by your current employer, you can leave and go back to your home country where you will not be a "legal slave".
If we have the skills and the right knowledge....WE ARE NOT SLAVES AND WE WILL NEVER BE.
Regarding your statement that the members of our family cannot work legally and our spouses lose their professional career........that is B.S.
Ever thought of asking your spouse to get higher education and get H1-B like some of our spouses do? In that way they will not "lose their professional careers" as you claim. Au contraire...they will only enhance their professional lives.
Think for about 5 minutes before you state certain things and type them here.
Good luck.
johnggberg
08-10 12:55 PM
close this thread please
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Robert Kumar
01-03 10:46 AM
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
more...
smaram1
11-04 05:51 PM
gultie2k....i am happy for you...unnecessary stress for you....good that everything ended up well...
fromnaija
12-12 02:20 PM
What if i leave it just like that?
That, my dear friend, is courting disaster at a later date and would be very unwise.
That, my dear friend, is courting disaster at a later date and would be very unwise.
more...
nk2006
06-22 03:02 PM
Do we have to send our application to one of the centers based on where we reside/work?
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cfan666666
06-22 03:45 PM
Thank you for the information,
according to this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
There are many mailing addresses for TSC
USCIS TSC
P.O. Box 851983
Mesquite, TX 75185-1983
USCIS TSC
P.O. Box 850965
Mesquite, TX 751185-0965
USCIS TSC
PO Box 850919
Mesquite, TX 75185-0919
USCIS TSC
PO Box 851182
Mesquite, TX 75185-1182
USCIS TSC
PO Box 852685
Mesquite, TX 75185-2685
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 279030
Dallas, TX 75227-9030
USCIS TSC
PO Box 851804
Mesquite, TX 75185-1804
Any idea for filing 485?
thank you and have a nice weekend.
according to this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
There are many mailing addresses for TSC
USCIS TSC
P.O. Box 851983
Mesquite, TX 75185-1983
USCIS TSC
P.O. Box 850965
Mesquite, TX 751185-0965
USCIS TSC
PO Box 850919
Mesquite, TX 75185-0919
USCIS TSC
PO Box 851182
Mesquite, TX 75185-1182
USCIS TSC
PO Box 852685
Mesquite, TX 75185-2685
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 279030
Dallas, TX 75227-9030
USCIS TSC
PO Box 851804
Mesquite, TX 75185-1804
Any idea for filing 485?
thank you and have a nice weekend.
more...
chakalov
10-10 12:41 PM
Application received by NSC on July 19. Called USCIS yesterday 10/09/07 - still nothing in the system. I'll call again in a week.
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gc28262
04-20 09:20 PM
Hey gc28262,
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
Here is the complete instruction with address:
Fill out I-131 Application ( Or use the copy of the original application )
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
Attn: SIIO Rhonda Hill Johnson
4141 St Augustine Rd
Dallas, TX, 75227
On lower left corner of the envelope mention the following:
do Not open in the mail room, No fees are attached
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
Here is the complete instruction with address:
Fill out I-131 Application ( Or use the copy of the original application )
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
Attn: SIIO Rhonda Hill Johnson
4141 St Augustine Rd
Dallas, TX, 75227
On lower left corner of the envelope mention the following:
do Not open in the mail room, No fees are attached
more...
nousername
09-14 02:10 PM
I'm sure it is legal.. It is just a form of kitty. We are not using the money for any gambling etc..
I like the idea and I'm in..
I like the idea. But I wonder if this legal...
I like the idea and I'm in..
I like the idea. But I wonder if this legal...
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mlkedave
03-08 12:40 PM
Dark Child has no votes, someones gotta vote for him, hes got a really good layout.
yeah i thought it was gonna be between him, paddy, and me
yeah i thought it was gonna be between him, paddy, and me
more...
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Humhongekamyab
05-15 04:42 PM
2009------we can see something happening.
Until then Visa Bulleting is our best hope and source
Let us pray.
If you think nothing is going happen then definitely nothing will happen.
Until then Visa Bulleting is our best hope and source
Let us pray.
If you think nothing is going happen then definitely nothing will happen.
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Munna Bhai
10-15 01:44 PM
Hello Friends,
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.
more...
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vandanaverdia
09-12 09:48 PM
bump
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gc_on_demand
04-07 07:22 AM
Any IV member got so far ?
more...
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hpandey
09-15 12:47 PM
Well celebrate any way you want... congrats on your new found freedom after 10 years . :)
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vjkypally
07-26 02:09 PM
This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.
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tikka
06-25 12:49 PM
IV members have saved all of us a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing their personal paperwork and + lobbying.
Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
Thank you
Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
Thank you
jsb
12-05 03:38 PM
If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.
the third rule on the first thread.
If you go to Canada just to get your Canadian immigration stamp, you may have a problem getting back to the US. The border agent may try to determine your real intent, and he/she can technically revoke your GC at the first instance. For the question "where do you live", there can not be two answers.
Bottom line is that you can try to maintain permanent residencies in both countries, for a while, but not for ever, particularly when passport becomes mandatory for air/road travel, which will record every entry to the US.
Those who maintain US residency for years by simply visiting US every now and then, pretend that their real home is US, and they just go out for business/work/pleasure etc. But when you have a Canadian PR stamp, you can't say that for Canada.
the third rule on the first thread.
If you go to Canada just to get your Canadian immigration stamp, you may have a problem getting back to the US. The border agent may try to determine your real intent, and he/she can technically revoke your GC at the first instance. For the question "where do you live", there can not be two answers.
Bottom line is that you can try to maintain permanent residencies in both countries, for a while, but not for ever, particularly when passport becomes mandatory for air/road travel, which will record every entry to the US.
Those who maintain US residency for years by simply visiting US every now and then, pretend that their real home is US, and they just go out for business/work/pleasure etc. But when you have a Canadian PR stamp, you can't say that for Canada.
sundarpn
07-19 10:54 PM
jack_suv, nice post and a good start.
I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):
1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.
2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).
3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)
I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):
1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.
2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).
3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)
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