Thursday, June 9, 2011

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  • senthil
    06-15 12:52 PM
    as july VB states all EB categories for india is current, is there a chance ( or even worst case scenario ) where the dates can retrogess in the middle of month anytime ?

    in other words can we take it for granted that the dates will NOT move back till the last working day of july 07

    any ideas / inputs ?





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  • simon03
    07-14 01:11 PM
    My company attorney is not of much help. He claims given that USCIS has issued Receipt, and has not yet rejected the application, we may be ok...

    For me, the risk is that USCIS rejects the application after sitting on it for 2 months...My EAD is expiring mid of Aug, and I will have to start again, and will have to be on unpaid leave.

    Has anybody in the forum applied for EAD renewal and whose I-485 filing date is between August 1, 2007 and August 17, 2007 ?





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  • Munna Bhai
    11-09 05:55 AM
    Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".

    And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.

    I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.





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  • ksiddaba
    08-22 11:43 AM
    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).



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  • eyeswe
    02-11 06:23 PM
    Sidd_
    You can call your parents here for graduation. As someone mentioned an Univ letter will def make a difference.
    However "sponsoring" is a bit more tricky, given that you are on F1. If you hav steady income GA/RA you can use that to support.If you have savings from your OPT, you can use that as well. the thing taht is tricky is you do have to assume a certain amount of expense for parents for the period that they may be in US and compare that to your savings, if you are the sponsorer.
    Their rejections will be in the db and could be a bother, esp if you are the only child (not sure if that is in US or you have siblings in India). Your parents will need solid proof to convince that they intend to return.Something like a return airticket etc could make some difference
    My 2c. As always my note is not legal advice





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  • iv_newbie_2007
    09-15 11:38 PM
    Hi,

    My wife has an approved H1 w/ COS starting from Oct 1. Her current status is H4. She wants to continue to maintain her H4 status, so we want to to file for reinstatement of H4 before Oct 1.

    How long does it take for USCIS to approve H4 reinstatement?

    Thanks!



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  • waiting4gc
    07-18 03:06 PM
    As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

    Make sure you file your 140 in the regular channels and it should take some time to get approved.

    Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!





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  • smuggymba
    08-11 11:56 AM
    My wife got hers from:

    Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)

    The school actually asked to use them.



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  • Hermione
    10-02 12:45 PM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)

    What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).

    The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.





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  • vaishnavilakshmi
    07-07 05:23 PM
    Hi all,

    There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??

    vaishu



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  • USDream2Dust
    10-15 09:42 PM
    Thank you.

    I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.

    and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.

    But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me getting hit by a bus on an intersection.





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  • amitga
    04-28 03:21 PM
    Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)



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  • immigrationvoice1
    01-10 11:49 AM
    Just curious: When will USCIS process my 485?.....

    .....probably we would not have an organization like this.





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  • gc_buddy
    12-03 02:44 PM
    I agree. We should continue our efforrts with IV, PD_recapturing, ItsNotFunny, NK2006 and Chanduv

    I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.



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  • freedom1
    01-19 04:19 PM
    Hi to all,

    This morning I received the e-mail message below.

    Does this means that an approval letter has been sent to me?

    Has anyone received such an e-mail?

    Thanks,

    Freedom1.

    -----------------------------------------------------------

    Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT

    Current Status: Document OTHER THAN CARD manufactured and mailed.

    On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.





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  • GCVivek
    01-28 05:57 PM
    Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)



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  • eb2dec2005
    02-22 09:49 PM
    No, i was little skeptical i using AC21.I did not inform USCIS at all.

    Morover, i was hoping my PD would be current shortly.

    Am i in trouble?





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  • kennyc
    May 25th, 2005, 06:53 AM
    Number 3 is by far the better pic to my mind. Re: Destroying your cloud....
    yeah, just playing with some new scatter brushes that I didn't have control over yet :D...was aiming more for something like your pic 3 above.

    In cases where there is no natural framing (Flora, fauna, dock posts, etc etc), on a sunset shot you can use people (silhouttes) to add elements of interest. Or maybe shoot from ground level; just suggestions and it's always fun to experiment with these things.

    Thanks QJ! I think you did a fine job with the brushes. And thanks for your comments and suggestions. I lots to learn and re-learn. I just got this Canon 20D a few weeks ago and have not done any "serious" photography in several years. I definitely am having fun with it though....I've been waiting for the digital slr's to get where they are for most of those years. :)

    KAC

    H4 221G and H1B revoked [Archive] - Immigration Voice

    View Full Version : H4 221G and H1B revoked






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  • perm2gc
    11-15 11:31 PM
    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    Thanks
    S A
    Dont about worry about your wife now..I140 is yours and you can file it...when you file I485..you attorney will guide you..





    AK_GC
    03-17 02:13 PM
    We didn't have issues getting the original loan and getting refinances for our home with H1 and our EAD/ AP....although they need lot more paperwork. But if you have good credit score, and if you have the papers that they request, you should be able to get a good rate. The time from application to closing takes a little longer though.





    saajed
    11-16 02:36 PM
    if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.

    Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.

    I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.



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