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  • antihero
    04-14 11:13 PM
    IV does not support any fraudulent activity by anybody, whether employees or employers or anybody else.

    It because of faking the resumes by unscrupulous individuals things have come to this pass. Many genuinely honest and hardworking folks are slogging on in the GC queue while many who can't even spell technology have got GCs in a matter of months by exploiting loopholes.

    My advice, go back to your home country, get some education in your chosen vocation and restart your career through honest means.





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  • snathan
    05-01 11:55 PM
    I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.

    Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
    Thanks.

    pappusheth

    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.





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  • LondonTown
    03-08 03:32 PM
    Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.

    P E R P L E X E D !!

    I took advise of two lawyers (one is very famous) and both told that if I40 is denied/appealed - do not use EAD and file another PERM immediately, which I did.





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  • golucki
    07-27 10:24 AM
    Nice Idea. Works Great!



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  • GotFreedom?
    03-18 01:23 AM
    I recently started an LLC here. I looked into several options and learned that LLC is the best way to go if you are a foreign national. I'm working on my H1B and do hold a valid EAD.
    Anyone can incorporate an LLC regardless of your immigration status. As an LLC member, you are liable to file for you own tax returns on the profits and any salary drawn from the company. However, the members can choose to file taxes as a corporation as well. The most important part in incorporating a business is to form an Operating Agreement and getting square with IRS by getting the employer Identification number(EIN) so that you can file taxes. None of the banks will let you open a business account with them if you do not have an EIN which is also called as Federal Tax ID number.
    You can find a lot of information on the web on this subject. I can shoot you the online service I used in a private message if you are interested. BTW, we formed the LLC in DE and operating from NJ.





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  • immigrant2007
    07-19 09:05 PM
    It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.

    The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!

    Hi Rajenk

    thanks for the information



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  • Dipika
    11-25 02:05 PM
    Thanks for correcting me. i am sorry for wrong info. i'm not able to open all links in office, as firewall block forum links, so missed to read the rule.

    Here is the OFFICIAL link from US Consulate at Tijuana

    Visa Services (http://tijuana.usconsulate.gov/niv.html)


    Who Can Apply in Mexico

    TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of “change of status” even if that change has been authorized by the Department of Homeland Security.





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  • gc_chahiye
    08-15 12:11 AM
    I was told by my attorney's office that the application will be rejected if re-filed. I have read though threads which claim that multiple filing is fine, but dont know what to trust!

    I480 filed - July,02, waiting for RD/ND
    I140, RD-11/03/06, LUD-11/11/07(NSC), Waiting for approval.

    why did you want to refile? Did you get a copy of the complete filing from your attorneys office to see what they filed? Was something missed in your first filing?



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  • newuser
    12-02 10:10 AM
    I had a similar issue six months ago.

    I booked the tickets after seeing the approval notice online hoping that the documents will reach me in about a 3-4 days. It took more than 8 days by regular mail and I have to cancel my travel plans.

    Since the documents are mailed already, they won't allow to take an Infopass to go to the local service center. USCIS said that I have to wait until 30 days to raise a request.

    Hope you get the documents on time.





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  • lazycis
    02-13 01:02 PM
    "Amnesty to LEGAL immigrants!"



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  • satyasrd
    06-01 09:31 AM
    I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
    I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
    I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !

    Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.

    For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."

    Can IV help pass this request on Advocacy days?





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  • sbg
    07-16 08:11 PM
    Guys,Please create an account in numbersusa, the nuse their fax page where you have to put in your login information to convey our message. You can use the first, last name and address to put in what we want. Like you could say, "this is a bunch of lies" for the first name, "H1 pay all taxes" for last name etc. Use thier own mechanism to defeat their purpose. Guys please do it. We can no longer remain quiet. Even if we have a favorable decision for us today we are still in the woods, anything can change in a few years.


    thats crazy...on the other hand...I found this on their website:

    "You will now be redirected to the NumbersUSA Action Buffet.

    There, you will have greater faxing opportunities and the ability to customize your free faxes to Congress.
    In addition, the Action Buffet contains news articles tailored to your interests. "

    judging by their choice of words, it sounds like a group of fatties who just want to keep the competition (i.e us) out.



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  • hnordberg
    June 18th, 2005, 12:58 PM
    I like the top one the way it is. It is moody and the motion blur of the bird just adds to the feeling. Great capture.

    With the rainbow, I think I may have tried to get an anchor for the foreground. Such as the yellow flower/bush in the lower right. I often find myself shooting with the camera at ground level. But it is a fine picture, nevertheless.

    The bird shots are good. I would probably cut out some of the top of the last one.

    Cheers
    - Henrik





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  • WeShallOvercome
    07-27 02:13 PM
    Thanks.
    I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
    But my attorney said its no use to beat the system and I should wait till october.
    I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.

    Every day matters as the counter is 180 days. It is like a time bomb clock.

    I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.

    When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)



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  • raj7480
    09-18 04:42 PM
    I would recommend not to worry about that and make the move. Non compete in general is not easy to enforce through a court. Particularly if it stops you from earning your livelihood. If you live in CA, it not valid. Many states have different laws and most of the court decision favor employees.

    Since you H1B was denied, Company A cannot prove any loss of business to them because of your move.





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  • gcformeornot
    12-14 10:13 AM
    RFEs these days? Especialy for I140s?



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  • nfinity
    09-14 03:11 PM
    Most of us have been severely impacted in life long decisions like
    - getting married
    - bringing spouse over
    - future of children
    - immigration to another country
    - opening a business
    - getting a raise
    - promotions

    being seen on tv should be the last thing that should come to mind.





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  • myeb2gc
    04-25 11:46 PM
    Hi ram,

    I am exactly in similer situation as you in.

    I have the following question:

    # When you did your H1 transfer, how many years you got extension?
    # What are the documents that you sent to COMPANY B?
    # When employer A is good to take you back to his company before filing 485 why are you filing labour again!!!, I understand that for safer side you were filing labour again, I am trying to know does employer A should revoke 140 since we left him (Is this rule / Law to revoke 140's of non existing employee!!!)





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  • eb3retro
    09-14 03:50 PM
    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.

    frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.





    martinvisalaw
    06-15 04:52 PM
    Dear Ms. Martin:

    Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:

    1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?

    2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?

    3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?

    4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?

    5. Please give me a fee quote for I-485/EAD/AP?

    Thank you so much. I am looking forward to your reply.



    Sincerely

    1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.

    2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.

    3. Yes, you can apply for an EAD and AP with the 485.

    4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.

    5. I will send you a private message re fees. Thanks for the inquiry.





    backtoschool
    12-28 12:32 PM
    I spoke to some one and he has told me the following:

    (1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
    (2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
    (3) 485/GC is for future jobs.
    (4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.

    Other questions for folks who asked me:
    My stats
    EB3 - india
    PD Jul 2002

    No, i am not stuck in the name check stuff. Just the BS wait!!!

    SO, guys who else is moving outside US for education?



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