Friday, June 10, 2011

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  • Becks
    11-09 08:45 PM
    Can anybody clarify what will happen to pending 485 when 140 is denied and appealed?




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  • zCool
    02-20 09:03 PM
    Just wait it out till you get I140 approved.
    What is the hurry?
    What would happen in another 6-12 months?
    In you case, lets say company B decides to let you go .. then at least you should get them to agree to give support till 140 comes thro'
    Otherwise they will be well within their moral right to withdraw 140 app and then where will you be?

    Why do you want to do it? JUST WAIT IT OUT!




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  • wantMyGC
    09-12 08:22 PM
    Hello Attorney,

    My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
    2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.

    Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.

    Can you please help me by answering following questions.

    1) What are the precautions I should take to protect my green card?

    2) Can I leave the present company and start my business by forming an LLC?

    3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?

    4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?

    5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?

    6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?

    Thanks for your help in advance




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  • bestin
    06-19 02:38 PM
    Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?

    My labor didnt mention Masters either.


    http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html



    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.



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  • thesparky007
    05-24 08:24 PM
    has this been uploaded yet?




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  • gc_aspirant_prasad
    07-13 05:24 PM
    done



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  • arc
    02-23 10:33 AM
    I know we can enter back on AP.

    I have similar situation:

    I am only going for a week long training to Toronto, I am working on EAD and have a Valid AP...DO I NEED TO GET A CANADA VISA? If Yes which one, Temp Work or Temp Resident?




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  • tonyHK12
    12-09 11:32 AM
    The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.



    Tax cuts will expire automatically end of 2010, meaning everyones bi-weekly paycheck would get cut 50-100 bucks if nothing happens



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  • martinvisalaw
    09-23 03:34 PM
    Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....

    This is possible, although unusual.

    he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?

    The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.

    I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?

    First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.




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  • RamBihari
    02-16 03:59 PM
    If each state in India were a country

    There would have been no backlog.

    Disagree. Andhra Pradesh would still have a long backlog.



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  • thakurrajiv
    01-22 08:35 PM
    Thakur saa'b & Oil Twist thanks for the suggestions.
    Rajiv did you have a loan with ICICI bank and would you please explain how big part of the payment you made that drastically reduced your payment to Rs 1200.
    Please check your messages I have sent you PM as well.
    Thanks,

    When you make part payment you can request to keep either EMI same( reduce duration of loan) which is default or reduce EMI ( keep duration same). You can make 2 part payments. First one pay big amount and ask them to reduce EMI. Your EMI should go very low as length of loan is same.Make second part payment and then ask them to keep the EMI same. On second one if you keep balance in loan = 13 * EMI, you can best benefit !!




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  • gc_on_demand
    12-02 09:52 AM
    duplicate post



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  • ivuser9
    03-27 09:54 PM
    How did you manage to pull this one off ? you got an EAD without applying for GC ?!!

    Thats funny :-)

    cinqsit

    I think we meant to ask which category you applied for GC and got EAD




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  • yorstruly
    07-19 02:37 PM
    WOW! I am amazed by the effectiveness of this forum. So many specific advice within minutes!!!! :) :)

    I am looking at all the websites...



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  • xlxoel
    06-16 02:55 PM
    Just updating my case in case someone is going through same situation and need help.

    I mailed the two pictures that they requested on June 2nd, as today, my online status hasn't change, still says: Request of evidence sent, case placed on hold.

    I made an INFOPASS appointment last friday and I just came back from talking with an immigration agent. They will expedite my I-131 for free, they said they normally do it within 30 days but he liked me and he said he was going to try to get in just 5 days.

    He said he sent a request thought their intranet to the TEXAS SERVICE CENTER, they should be calling me if they need anything, if not, they will send me the TRAVEL DOCUMENT right away.

    I'll keep you all posted!




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  • qplearn
    10-17 09:40 AM
    It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.

    That is assuming that you have gone through your biometrics appointment.

    If the Skil bill passes, a lot of people will have their PDs current. At that time, if their 485 processing is complete (according to new guidelines if they show date X/X/XX on the service centers, it means they are done with your processing), I wonder what will happen. When USCIS says, it is done with processing your 485, it may not mean it is done with the name check. So starving dog's name check was also complete by the time they finished processing his/her485.

    qplearn



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  • masaternyc
    01-13 07:34 PM
    I think USCIS should substitute permanent labor not the date to be fair, because substituting date makes an individual jump the line.




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  • baburob2
    08-28 09:51 PM
    GC is for the future job and hence if your prospective employer will be able to proceed with your GC in your absence till its very end then you should be fine and still be able to come into US as a GC holder when GC is offered to you. However in this case you can't do Adjustment of status since you willn't be staying inside US and hence have to opt for Consular processing if you haven't opted for Consular processing.




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  • Macaca
    02-08 09:28 AM
    Can L1A/B apply for GC? Any differences in GC process for L1A/B? Thanks.




    san3297
    03-23 08:34 AM
    Hi,
    I currently have a lowtraffic website with no ads.I am planning to add some adds like googleads,yahoo adwords etc..The thing is i need to give them my ssn while regestering for them and payment check will be made on my personal name.As iam currently on H1 i am in dilemma whether i can take this payments or not.Does anyone aware of dos and donots in this case.Thank you.




    Leo07
    07-07 08:23 PM
    I don't agree with what mbawa2574 has to say,but I certainly disagree banning mbawa for expressing views. I think, mbawa2574 is well within limits of posting anything that could hurt IV image/goals. ( On this thread, I mean).

    What's the damage caused to your effort?( apart from deleting threads )
    I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.

    mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?

    I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.

    Cheers!


    mbawa,

    We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.

    IV Team



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