Tuesday, June 7, 2011

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  • ramaonline
    07-15 02:10 PM
    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.





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  • raysaikat
    10-10 11:37 AM
    Thank you very much for all your support.

    Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ?
    This is a domestic problem, not an immigration one. Legally, a dependent is assumed to _depend_ on you. Anyway, just give him a call/send an email/letter informing that his stay would be illegal after you leave.
    If I leave without informing him, then what he can do on me ?

    Legally, nothing.





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  • hebron
    06-14 02:22 PM
    Hello All,
    My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).

    I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."

    My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?

    Thanks.





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  • DSLStart
    07-28 03:56 PM
    The reason for transfer as per email was that the jurisdiction is now TSC But why now? why not transferred along with 485 in 2007?
    Orignal poster,
    what was your message in email/online status?
    is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!



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  • needhelp!
    01-18 01:14 PM
    Wonderful news!
    And gsc is back with a bang!





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  • Green06
    08-15 01:39 PM
    Guys,

    What is the NSC customer service number. I could not find it on the USCIS web site.

    Regards



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  • [[C|-|E]]
    April 17th, 2004, 09:06 AM
    Wow ! I like these shoots :). I have in mind to do something similar, but I don�t have a macro-lens yet, so... I suposse I have to wait :). But, anyway, I really like your picks ! :).





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  • meridiani.planum
    04-07 01:05 AM
    It is worse than that.. :)

    Please watch the following youtube video to understand how USCIS works

    http://www.youtube.com/watch?v=-30BZtpvaTY

    that was amazing. Is the maker of that video an IV member?



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  • prabasiodia
    03-18 07:47 AM
    Anyone can start a C-Corp in USA, (s)he is not even needed to be present in USA. If you're present then you must be legally present; any valid visa or EAD etc. will do.

    The issue becomes a wee bit trickier when it's time to remunerate yourself like drawing a salary. From IRS's point of view, an LLC is nothing more than a proprietorship (sole or partnered), a disregarded entity. Since the income must be filed with your own tax return, it's a "no go" for most H visa holders. For the same reason, most would not want to start an S-Corp. Sice GotFreedom? is on H1 and started an LLC, I would like to know how he's managing his tax returns? I really don't know how does filing tax returns get affected by your spouse's visa status, specifically when you're married and filing jointly.

    Apart from the visa situation, you should be concerned about the liability. What if one of your customers wants to sue you? LLC provides "LIMITED" liability protection. if you're not concerned about liability at all, then I would suggest to start as a Sole Proprietorship. You've nothing to do (if you're starting the business in your name such as Mike Hofner's Deli) except to earn money :-) and report it as income in your tax returns. If you want to give a separate name to your entity, file a DBA (Doing Business As) with your state.

    C-Corp is a safe bet for all types of visa holders of all nationalities. But there is a lot of bookkeeping you'll have to do. Hope this helps!!





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  • vani
    08-26 11:39 AM
    Thank you very much for your prompt reply. Greatly appreciate.
    I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
    I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?

    Regds,
    Vani



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  • belmontboy
    12-12 08:06 PM
    sorry if i am wrong..
    How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
    i just dont trust these consultants..

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7e3355fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD





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  • ksvreg
    02-24 08:17 PM
    I have been full-time with big company for the past 9 years. Stuck with EB3. I need a serious input from you guys about joining in a new company and applying EB2. I probably get new employment with a small firm of size 100-150 employees. I have MS from USA in 2005. Is it good idea to join in new company or is it a worth waiting for EB3 dates. My PD is in 2003. What if you are in my situation? Please advise. Thanks.



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  • hiralal
    05-13 07:06 AM
    I agree with the above ..I guess they come up with visa usage statistics and that will give us an idea ..btw ..unemployment will not come down for years and because of recent swine flu ..CIR will have more opposition .. right wing republicans will call for more deportation rather than more open borders !!!





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  • h1techSlave
    10-01 12:51 PM
    They are not dumb , they might be already keeping a watch on you while on soil.

    I think their problem is that they are watching the wrong people. And they miss the people whom they should be watching.

    If they sure are watching me at this instance. I hope they will come and help me debug this .Net problem that I have been trying to fix for the last 4 days and mostly nights :D



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  • imh1b
    05-19 09:35 AM
    Is there a transcript available somewhere. What was the outcome of this. Can someone explain the process?





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  • perm2gc
    08-24 10:28 AM
    So just to be clear:
    What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.

    Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?

    TIAEveryone preserves their H1 for the worst cases that might be coming in future..
    You check the USCIS website and check yourself whether you can do it yourself or not.



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  • vallabhu
    07-03 03:35 PM
    First question

    Is your existing H1 still valid and how many days you you have on that.


    You have two scenarios here

    1) H1 approved while u r in Mexico
    2) H1 approved after comming back to US


    1)
    if your h1 is approved when you are in Mexico, you will have new I94 when returning to the country with the validity date of existing H1 and you have to go out country again and get it stamped or get that document over to you get your passport stammped and then come back

    Second is safest bet for you.





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  • ushkand
    10-10 11:55 AM
    If 1099 is not acceptable with client, what is the the easiest way to go forward, assuming no intent of other employees?

    I think LLC is the only option ( if I dont want to go towards C-Cop ). How long does it take to set that up? What setps? What are the expenses involved other than one time registration fee?

    LLC is the easier option of the two with minimal paperwork involved and should be fairly simple to setup. I can only speak for Texas where LLC registration fee is $300 - so relatively your state fees should be around this amount.

    There are some issues to consider when doing corp-to-corp -
    -Liability insurance - Client will expect your company to carry up to $2M liability insurance (depending on the client).
    -Employment tax which comes to 15.3% (Social security & Medicare) - compared to 7% which you would currently paying since you will responsible for the employers portion as well since you will be self-employed.

    There may be other issues that I am not familiar with.





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  • up_guy
    04-12 10:59 PM
    I also have the same question "Please provide information concerning your eligibility status:", what should I provide in that text box.
    Please suggest.

    when I check 2 yrs old EAD application my attorney had used (c)(0)(9)
    Is that right or it should be (c)(9) or
    it should be (c) (09)

    Please help folks


    I put application date as when ever I signed the form and dated it. I think its no big deal, if you attach copy of previous EAD...





    sintax321
    09-04 03:32 PM
    You are right that picture explains everything=)





    aditya
    05-26 06:21 AM
    Thank you all In Team IV
    god bless you all

    dont worry i also contributed



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