desi3933
08-25 11:58 AM
Hi there,
My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.
She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).
My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Thanks,
>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.
She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).
My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Thanks,
>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
krishna_brc
06-30 11:01 PM
Hi,
I was hoping to get some help on my situation. I have I-140 approved, received EAD and AP. Also my H1B was also recently extended. I am expecting a promotion and also will have to change location to a different city with the same employer.
Would this require filing for AC21? Also would this require amendment to H1B visa?
Any help would be appreciated.
This is what i think -
From what you described it seems you are on H1.
So change of job title/description/location will not hurt your GC as long as you maintain your H1.
Your GC won't hurt as it is for future job which you are going to do when you get GC.
No need to invoke AC21.
If your GC is for your current job then the new job should be in same occupational code.
Please talk to your company HR and Attorney and clarify the issues which are more professional
Thanks,
Krishna
I was hoping to get some help on my situation. I have I-140 approved, received EAD and AP. Also my H1B was also recently extended. I am expecting a promotion and also will have to change location to a different city with the same employer.
Would this require filing for AC21? Also would this require amendment to H1B visa?
Any help would be appreciated.
This is what i think -
From what you described it seems you are on H1.
So change of job title/description/location will not hurt your GC as long as you maintain your H1.
Your GC won't hurt as it is for future job which you are going to do when you get GC.
No need to invoke AC21.
If your GC is for your current job then the new job should be in same occupational code.
Please talk to your company HR and Attorney and clarify the issues which are more professional
Thanks,
Krishna
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.
fundo14
10-15 02:08 PM
Hi All,
I received an RFE on my pending 485 application:
Here is my case:
I am a derivative applicant working on my own H1
Here is the content of the RFE:
1. Please submit a properly completed form G325A. Submit all the documentary evidence to support your employment history listed in form G325A.
2. Clear copies of form W2 wage and Tax statements
3. Complete copies of properly filed Tax returns (IRS Form 1040)
4. Any additional document which confirms your employment history.
5. You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
I can easily provide all the docs above (from number 1 to 4) but I am surprised why I am asked to provide a letter from my intended permanent employer since I am derivative applicant.
Anyone else in the same boat? please share your experience/ suggestion.
Thanks!
I received an RFE on my pending 485 application:
Here is my case:
I am a derivative applicant working on my own H1
Here is the content of the RFE:
1. Please submit a properly completed form G325A. Submit all the documentary evidence to support your employment history listed in form G325A.
2. Clear copies of form W2 wage and Tax statements
3. Complete copies of properly filed Tax returns (IRS Form 1040)
4. Any additional document which confirms your employment history.
5. You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
I can easily provide all the docs above (from number 1 to 4) but I am surprised why I am asked to provide a letter from my intended permanent employer since I am derivative applicant.
Anyone else in the same boat? please share your experience/ suggestion.
Thanks!
more...
sundeep14
07-23 10:09 AM
as folks mentioned above it is totally ok to not renew AP...do it if u travellin in the next few months...
on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?
I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???
on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?
I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???
wahwah
09-27 01:19 PM
what you're describing is day trading but you will only catch the eye of the IRS ONLY if you're making $50K of above in profits or you're buying and selling $100K of shares in short period of time....in other words, any amt that is more than your salary.
buying and selling shares 10 times a day in small cash amounts will not be an issue. if you get audited IRS may only wonder if you're really working for your employer becoz you can't have that much time in your hands if you're really working a full time H1b job.
i have traded stocks for several years regularly in large amounts - singular trades sizing up to $20k. Though i've been fined by the IRS in the amt. $11K for not paying enough taxes on capital gains but have never been audited. ..touch wood.
i guess the bottom line is that if you're trading well below your salary level and are not making obscene profits disproportionate to your salary...you should be fine.
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
buying and selling shares 10 times a day in small cash amounts will not be an issue. if you get audited IRS may only wonder if you're really working for your employer becoz you can't have that much time in your hands if you're really working a full time H1b job.
i have traded stocks for several years regularly in large amounts - singular trades sizing up to $20k. Though i've been fined by the IRS in the amt. $11K for not paying enough taxes on capital gains but have never been audited. ..touch wood.
i guess the bottom line is that if you're trading well below your salary level and are not making obscene profits disproportionate to your salary...you should be fine.
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
more...
joeshmoe
03-24 04:13 PM
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
adiboss007
04-10 04:42 PM
its funny. everyone is talking about recession, weak dollar, foreclosures, job cuts , etc etc. but the number of h-1b applications continues to rise each year (last year it was 123k, this year it is 163k).
isn't this a funny and/or strange statistic ? :confused:
anyway, i wish all applicants the best. i was in the same position last year and i know how it feels. hopefully, uscis is better prepared to handle this volume, after last years experience.
-a
isn't this a funny and/or strange statistic ? :confused:
anyway, i wish all applicants the best. i was in the same position last year and i know how it feels. hopefully, uscis is better prepared to handle this volume, after last years experience.
-a
more...
jonty_11
02-20 05:38 PM
guys, why even bother waste your time on this. Please help IV gear up a movement to end retrogression. Please donate, make other IV aware...and send in ur stories......How do u think number crunching will help us....apart from making us feel worse.
ChainReaction
04-18 07:09 AM
www.immigration-law.com
04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report
The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
California Service Center ceased reporting I-140 processing times
Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
04/10/2006 Report 04/15/2006 Report
EB-1A 10/01/2005 03/01/2006
EB-1B 11/12/2005 03/01/2006
EB-1C 12/17/2005 03/15/2006
EB-2 12/10/2005 12/15/2005
NIW 12/10/2005 03/15/2006
EB-3 10/16/2005 02/15/2006
EB-3EW 01/15/2006 03/15/2006
Schedule A 12/17/2005 02/01/2006
Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.
04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report
The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
California Service Center ceased reporting I-140 processing times
Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
04/10/2006 Report 04/15/2006 Report
EB-1A 10/01/2005 03/01/2006
EB-1B 11/12/2005 03/01/2006
EB-1C 12/17/2005 03/15/2006
EB-2 12/10/2005 12/15/2005
NIW 12/10/2005 03/15/2006
EB-3 10/16/2005 02/15/2006
EB-3EW 01/15/2006 03/15/2006
Schedule A 12/17/2005 02/01/2006
Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.
more...
permfiling
02-09 04:22 PM
A correction, it is for 3 years infact not 4 and the I-94 stamped at POE was 1 month short of 3 years.
flexi
04-03 02:41 PM
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
Thanks a lot!
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
Thanks a lot!
more...
adobe howm
09-23 11:50 AM
09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
Thanks for the effort. this indeed reaches where it suppose to be - helping someone with similar need. appreciated. not sure how to give you my green though.
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
Thanks for the effort. this indeed reaches where it suppose to be - helping someone with similar need. appreciated. not sure how to give you my green though.
joydiptac
09-30 05:37 PM
I liked the tone and tenor of aila...
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
more...
stxvr
07-20 12:12 PM
From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
marlon2006
06-13 02:49 PM
Hi Renata,
I am from Brazil as well. My PD is April 2002. This cut-off date is making my professional life miserable. My wife questions on whether it is worthed the wait or we should just go to the South in Brazil and enjoy professional freedom there.
I hope that the potential unused visas from EB2 World can get transferred to EB3 World in October. Also, who knows perhaps the visa numbers on October 2006 can make our dates advance to 2002 ? Let's see, but in this process, nothing is certain. The only thing that it seems certain is that USCIS/DOS made a remark that advancement in cut-off dates should slow down or even retrogress further this Summer. Gloom scenario.
Hi camberiu,
my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!
Renata
I am from Brazil as well. My PD is April 2002. This cut-off date is making my professional life miserable. My wife questions on whether it is worthed the wait or we should just go to the South in Brazil and enjoy professional freedom there.
I hope that the potential unused visas from EB2 World can get transferred to EB3 World in October. Also, who knows perhaps the visa numbers on October 2006 can make our dates advance to 2002 ? Let's see, but in this process, nothing is certain. The only thing that it seems certain is that USCIS/DOS made a remark that advancement in cut-off dates should slow down or even retrogress further this Summer. Gloom scenario.
Hi camberiu,
my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!
Renata
more...
leoindiano
08-03 12:22 PM
what to you mean by 485 fingerprinting?
Is it just getting it done or any other issue relating to this...
Just getting it done...Some os us didnt get notice at all
Is it just getting it done or any other issue relating to this...
Just getting it done...Some os us didnt get notice at all
shuvro58
01-03 03:18 AM
hi all http://my-used-stuff.com/smiley.gif
psaxena
06-10 05:39 PM
wow thats a news.. as your alias is "vivid" write something "different"(vividh) which we dun know.
USCIS tops any other US pubic office in these 3 qualities
1. Most greedy
2. Most arrogant
3. Most inefficient
Reason is simple, their customers are mostly non-US citizens. Their prime objective is to earn as much money as they can for the US treasury, if that means 'Screw Immigrants' than let it be, who cares ?
So any positive things like 10 years EAD/AP are dreams which will never come true...We should certainly put our case for 3 years EAD/AP combined document.
USCIS tops any other US pubic office in these 3 qualities
1. Most greedy
2. Most arrogant
3. Most inefficient
Reason is simple, their customers are mostly non-US citizens. Their prime objective is to earn as much money as they can for the US treasury, if that means 'Screw Immigrants' than let it be, who cares ?
So any positive things like 10 years EAD/AP are dreams which will never come true...We should certainly put our case for 3 years EAD/AP combined document.
beautifulMind
07-16 01:02 PM
Feed from my lawyer
Several sources have now reported that high-level agency discussions on solutions to the July 2007 Visa Bulletin crisis are underway and could result in a new opportunity for certain eligible foreign nationals to submit adjustment of status applications. Apparently, no final decision has been reached, and it is difficult to predict with absolute certainty what the final outcome will be or when an announcement might be made.
__________________________________________________ _______
Several sources have reported that high-level discussions are now taking place within the government concerning a possible solution to the July 2007 Visa Bulletin crisis. As a result of these discussions, there have been indications that U.S. Citizenship and Immigration Services (USCIS) could change course on its position regarding acceptance of applications for adjustment of status, in whole or in part, and create a new opportunity to submit adjustment cases. Some reports have indicated that cases submitted on July 2 will now be accepted for filing, while other reports have suggested that there will be a completely new window of opportunity to submit cases. Apparently, several options are being considered.
Sources caution that the government has not reached a final decision on this matter, and there are no concrete details concerning the mechanics of any future filing opportunity. It is important to note that in the current climate of swift policy reversals and rampant rumors, it is possible that any tentative agreement on reopening an adjustment submission period could falter
Several sources have now reported that high-level agency discussions on solutions to the July 2007 Visa Bulletin crisis are underway and could result in a new opportunity for certain eligible foreign nationals to submit adjustment of status applications. Apparently, no final decision has been reached, and it is difficult to predict with absolute certainty what the final outcome will be or when an announcement might be made.
__________________________________________________ _______
Several sources have reported that high-level discussions are now taking place within the government concerning a possible solution to the July 2007 Visa Bulletin crisis. As a result of these discussions, there have been indications that U.S. Citizenship and Immigration Services (USCIS) could change course on its position regarding acceptance of applications for adjustment of status, in whole or in part, and create a new opportunity to submit adjustment cases. Some reports have indicated that cases submitted on July 2 will now be accepted for filing, while other reports have suggested that there will be a completely new window of opportunity to submit cases. Apparently, several options are being considered.
Sources caution that the government has not reached a final decision on this matter, and there are no concrete details concerning the mechanics of any future filing opportunity. It is important to note that in the current climate of swift policy reversals and rampant rumors, it is possible that any tentative agreement on reopening an adjustment submission period could falter
wahwah
09-27 01:19 PM
what you're describing is day trading but you will only catch the eye of the IRS ONLY if you're making $50K of above in profits or you're buying and selling $100K of shares in short period of time....in other words, any amt that is more than your salary.
buying and selling shares 10 times a day in small cash amounts will not be an issue. if you get audited IRS may only wonder if you're really working for your employer becoz you can't have that much time in your hands if you're really working a full time H1b job.
i have traded stocks for several years regularly in large amounts - singular trades sizing up to $20k. Though i've been fined by the IRS in the amt. $11K for not paying enough taxes on capital gains but have never been audited. ..touch wood.
i guess the bottom line is that if you're trading well below your salary level and are not making obscene profits disproportionate to your salary...you should be fine.
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
buying and selling shares 10 times a day in small cash amounts will not be an issue. if you get audited IRS may only wonder if you're really working for your employer becoz you can't have that much time in your hands if you're really working a full time H1b job.
i have traded stocks for several years regularly in large amounts - singular trades sizing up to $20k. Though i've been fined by the IRS in the amt. $11K for not paying enough taxes on capital gains but have never been audited. ..touch wood.
i guess the bottom line is that if you're trading well below your salary level and are not making obscene profits disproportionate to your salary...you should be fine.
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
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