Wednesday, June 15, 2011

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  • chi_shark
    02-18 01:58 PM
    That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .

    oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...

    so, this is real cool... thanks for sharing your info...




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  • okuzmin
    07-13 11:26 AM
    If you invest more than 1 million(like bechams hollywood hills home) in US you are eligible to apply for a greencard
    You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)




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  • Blog Feeds
    01-11 08:10 AM
    The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...

    More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)




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  • WaitingForMyGC
    01-09 02:30 PM
    It would definately move..but movement would be backward. :-)



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  • immique
    07-03 01:50 AM
    H1B transfer pending & going out of US for 3 days.

    My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

    I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

    Should I tell that I have joined new employer or should I not?
    My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

    I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

    Please help by throwing out your thoughts/past experience/knowledge base in this area.

    Thanks
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.




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  • Dustinthewind
    01-04 12:33 AM
    Everyone -

    I've been going through my own immigration issues like everyone else in this forum. It is really sad to see that immigration bills such as the Visa Re-Capture and others that would have been greatly beneficial to us are making little to no progress. I've been thinking about a way to make a difference for a long time but felt helpless.

    It is difficult to shed light on our problems in the media in a way that others (who are not in our situation) can at-least think about the struggles we go through. I'm sure everyone has been contributing in their own way to make our voices heard.

    Today, I'm happy to share our small contribution to our issues. We are making a film called "Promise Land" to be released in Spring/Summer 2011 time frame. It's about the struggles that immigrants go through despite being legal and following the law. The film has multiple story lines dealing with family based immigration and employment based immigration.

    Of course we would love to tell everyone's stories, but in 1 hour 30 mins we can only do so much. So we have attempted to share stories from our personal experience.

    I hope that this movie is at-least a step in the right direction. We just released the trailer on Saturday. You can watch it at:
    Videos Posted by Promise Land: Promise Land First Look Teaser [HD] | Facebook (http://www.facebook.com/video/video.php?v=911423233492)

    OR on You Tube at:

    YouTube - Promise Land First Look Teaser (http://www.youtube.com/watch?v=B7b3YogQ06M&hd=1)

    Please show your support for this film by clicking on "Like" at Promise Land | Facebook (http://www.facebook.com/PromiseLandFilm)

    Thank you so much. I appreciate it.

    I wish everyone Happy New Year and hope that the day when you won't have to worry about immigration issues is just around the corner.



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  • rsayed
    04-16 08:13 PM
    My H-1 started in Oct'03 and is supposed to complete it's 6 yr term on Oct'09. But, my current H-1 (with my current employer) shows an expiry date of Apr'09 (same with the stamped visa on passport) - I don't know the reason for this.

    My labor (EB2-PERM) and I-140 has been cleared/approved; Priority date is July 2006.

    I'm being offered a F/T position in one of the Big 5 consulting firms - nice offer. But, they categorically state that "there is no guarantee of GC, upon completion of one/two year". I've been told that this is standard practice for them to say this, and they normally start your GC after one year if you have less than 2 yrs, left. Even, the HR rep. told me the same thing - just that they don't offer a commitment, due to changing market conditions.

    My question - Is it advisable to change? Any ideas/thoughts on any chances whatsoever of "Immigration Reform" happening this year?

    Should I just stay put (with my approved I-140), or should I change (which seems risky)?

    Also, this "Big 5" firm processes GC in the EB-3 category - I know this for a fact (unless the position offered is of a "Manager", which is not the case with me).

    Pl. advise. Thanks.




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  • kaisersose
    07-30 09:15 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.

    1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.

    2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.

    3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.

    Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.



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  • singhsa3
    06-01 08:31 PM
    My apologies, I thought your were talking about H1 Labor
    It will be great if someone can send me any reference to confirm that it is illegal..




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  • bashp
    05-13 10:12 PM
    I am in the similar situation. Attended for visa interview at Toronto US Consulate on May 6. VO just kept I129 (All the annexures), Client/vendor letters. Informed you will get replay within 1-2wks. Its already been a week, I didnt get any response back. Consulate called client on the same day. No updates after that.

    Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.



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  • Houstonguy
    05-26 04:41 PM
    The points for to-do-list after GC by Samswas are great..Just a little comment as I talked to my attorney now...

    DON'T throw away, rather keep your I-94, as you never know, until you get citizenship, what documents you may need to show in which circumstances varifying legal status leading to GC... It is just a word of caution not to discard the I-94 but to archive safely, but he is right that we should not give it to airline official....

    Best wishes to those who are waiting...




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  • soni7007
    09-15 11:08 AM
    I have been reading posts where suggestions of writing letters to various political figures have been raised and hopefully implemented. I have a suggestion too, please ignore if this has already been brought up and discussed.

    As a popular saying goes, a picture is worth a thousand words. So, my suggestion is :

    Send our pictures to these people (whoever they are - senator, congressmen etc.). We can include 2 pictures each- eg.- one picture when we initially came (5-10 years back, unmarried, younger looking, graduation picture, college campus etc.). Another picture can be a more recent one (with family, kids, in our office, professional attire, house, car etc.).

    We can include a tagline behind each picture.

    Now since digital photography has taken over hard copies, many of us would be lazy enough to go take prints and then send them to the senators. So, we can email our pictures to one person (or IV core) and they can hand over the package to the concerned authorities.

    I know this is a very rough sketch of what is actually involved in making this happen, so please come up with suggestions/ ideas.



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  • eldrick
    08-16 02:56 PM
    I'm scared now. The problem is as per the company's policy we're not allowed to contact the lawyer directly.

    I've read somewhere before that if you did not sign G-28 it means the receipt will go directly to you. But, I'm not sure.




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  • yestogc
    06-11 04:04 PM
    Correction it 2 years out of 5 for maintaining PR

    http://www.cic.gc.ca/english/newcomers/about-pr.asp



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  • sapota
    10-25 05:10 PM
    online status is not completely reliable. 2nd level customer service will give u latest info.




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  • ak27
    02-12 06:51 PM
    I asked this question to my attorney last week and she told me that there is no rule such as H4 premium processing. However, when both are filed together, it H1 and H4 get processed in premium processing



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  • mnq1979
    06-26 10:58 AM
    You may need 2 affidavits each. More over you need additional supporting documents such as school certificate, medical record any other similar documents stating your birth date and your parents "full names". This what I was asked provide on my rfe. Wait for your rfe. They will tell you in that what need to be done. Good luck

    Well i have documents which states my fathers name next to mine but i dont have any document which states my mother name !!!!! i m soo confused and tense !!!!




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  • TeddyKoochu
    01-24 10:04 AM
    Annual Report of the Visa Office for 2010 has been released here...

    Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

    Table V Part 2

    India Received

    EB1 6741
    EB2 19961
    EB3 3036

    Other Info
    EB1 received a total of 41026 which means there was no spillover from EB1.

    Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
    EB1 as you say received 41026.
    Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.

    This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.




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  • ramus
    08-15 12:07 PM
    Great.. please contribute to DC rally in anyway you can.


    I thought this will give some hope to you.

    Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.

    Hope yours on the way too...




    s_r_e_e
    08-15 11:26 AM
    you just beat me in posting this
    :D

    happend to have oh law site open on the side while reading this... it was easy to find the faq link in there :)




    chanduv23
    08-05 10:56 PM
    ^^^^^^^^^^^^^^^



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