ganguteli
05-06 03:47 PM
Doing something is always better than doing nothing. If IV members would go for the meeting there are chances that they would meet some people and talk to them. In the next meeting these people would go to the stage and talk about IV. If one does not do anything there is a high chance that one would do anything in future.
Please motivate IV members to do something. It does not matter whether it would bear results or not. After few errors they would be doing better and right things. Lets walk the talk and not talk talk talk.
If people really want to do something, then how about we organize a rally in DC and show up in thousands?
Then everyone will know you and you do not need to go to meetings just to show your faces and expect that someone will have mercy on us and think about us next time.
Please motivate IV members to do something. It does not matter whether it would bear results or not. After few errors they would be doing better and right things. Lets walk the talk and not talk talk talk.
If people really want to do something, then how about we organize a rally in DC and show up in thousands?
Then everyone will know you and you do not need to go to meetings just to show your faces and expect that someone will have mercy on us and think about us next time.
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CHHAYA
03-18 01:05 PM
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.
Hi! Gotfreedom,
I am working part time with my sponsoring employer and also working fulltime on EAD with other firm. Me and my husband who is on EAD want to open small firm in parternership. How can we register and what corporation is best. Also I want to register in DE and operate from MD. You can give me more info in private message.
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.
Hi! Gotfreedom,
I am working part time with my sponsoring employer and also working fulltime on EAD with other firm. Me and my husband who is on EAD want to open small firm in parternership. How can we register and what corporation is best. Also I want to register in DE and operate from MD. You can give me more info in private message.
bigboy007
06-21 10:49 AM
but why are you so sure your 140 will be denied. USCIS will send u an RFE and also in worst NOID - Notice of Intent of Denial so that gives you enough room to decide on what should be done so that I140 wont be rejected.
Also : 140 gets rejected in following cases:
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
Also : 140 gets rejected in following cases:
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
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javadeveloper
07-21 12:44 AM
thanks tinamatthew for your time and answers,
yeah it's fair law for those who re enters into usa , but not for those who lived in US for many years and have few gaps in employment.Anyhow it's a real scenario and it's my case.I gave all W2s to my company and I am not sure whether they submitted all the W2s or not , I need to check with them.I am much worried about how to proceed if my company sends all w2s to CIS and if CIS sends me RFE/NOID.I am also in dilemma to whether to consult any lawyer or not (My company uses corporate lawyers and I can't contact them directly) , even if contact any good lawyer , I am not sure if i have any options left.There are many unanswerd questions :mad: .Thanks again.
yeah it's fair law for those who re enters into usa , but not for those who lived in US for many years and have few gaps in employment.Anyhow it's a real scenario and it's my case.I gave all W2s to my company and I am not sure whether they submitted all the W2s or not , I need to check with them.I am much worried about how to proceed if my company sends all w2s to CIS and if CIS sends me RFE/NOID.I am also in dilemma to whether to consult any lawyer or not (My company uses corporate lawyers and I can't contact them directly) , even if contact any good lawyer , I am not sure if i have any options left.There are many unanswerd questions :mad: .Thanks again.
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coolngood4u80
04-15 10:50 AM
Hi All,
There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days�
I can get four people for the call who are in the same boat
There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days�
I can get four people for the call who are in the same boat
ramaa
06-21 01:05 PM
I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.
Thanking you in advance.
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onemorecame
03-25 03:09 PM
In transit Visa how many days/long one can stay in dubai.Any idea?
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gman
07-29 09:55 PM
Safer way is to get legally married before GC gets approved. You can file her I-485 when she comes to the US.
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Bytes4Lunch
03-11 11:46 AM
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
Most attorneys are of the view that one can use the AP to travel back in to the US even though his/her H1B visa stamping is delayed/denied
Read Attorney Sheela Murthy's take on this at http://murthy.com/Chatdb.asp?Search=advance%20parole&Type=h1b&page=3 (I have pasted it below from the website)
Question: Hello, Sheelaji. If one had both an H1B and advance parole at the consulate abroad and the H1B visa gets rejected, can one enter the U.S. on advance parole? Thank you.
Answer: Yes, a person is allowed to enter on the AP unless the H1B denial was based on fraud or a security concern. In most cases, there is no problem, and the consulate returns the PP to the person who can then enter on the AP even if the H1B visa stamp is denied or delayed. Jul-19-2004.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
Most attorneys are of the view that one can use the AP to travel back in to the US even though his/her H1B visa stamping is delayed/denied
Read Attorney Sheela Murthy's take on this at http://murthy.com/Chatdb.asp?Search=advance%20parole&Type=h1b&page=3 (I have pasted it below from the website)
Question: Hello, Sheelaji. If one had both an H1B and advance parole at the consulate abroad and the H1B visa gets rejected, can one enter the U.S. on advance parole? Thank you.
Answer: Yes, a person is allowed to enter on the AP unless the H1B denial was based on fraud or a security concern. In most cases, there is no problem, and the consulate returns the PP to the person who can then enter on the AP even if the H1B visa stamp is denied or delayed. Jul-19-2004.
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sanju
08-02 11:46 PM
Thanks for the information. VB dates were stuck around April 2001 date because a large number of applications were filed to meet the deadline for
245i.
The dates were �current� until 2005 because of the availability of unused visa numbers that were recaptured by AC-21 bill - passed in 2000-2001. So countries with larger applicant pool got (a lot) more than the otherwise allowed ~3000 green cards in each category. Since 2005, there are no recaptured visa numbers are available, so applicants in a category from any specific country cannot get more than ~ 3000 green cards. Pls. see the distribution of green card numbers in 2006 in his document:
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf
Most people on the forum are busy tracking their 485 receipt, of encashment of bank checks, IO comments etc. Most people will learn that all this is tracking is of no use other than helping everybody to have higher BP. If more green card numbers are not allocated, the wait time for applicants with priority date 2006 could possibly be more than a decade. The past trends were driven by positive events like visa recapture etc. So these trends are not reflective of what to expect in the future. But looking at 2006 numbers, one thing is for sure, the wait times could be a many more that what we would expect.
There is only thing that can prevent wait times of more than 10-15 years - change in the law to increase the number of EB GCs.
245i.
The dates were �current� until 2005 because of the availability of unused visa numbers that were recaptured by AC-21 bill - passed in 2000-2001. So countries with larger applicant pool got (a lot) more than the otherwise allowed ~3000 green cards in each category. Since 2005, there are no recaptured visa numbers are available, so applicants in a category from any specific country cannot get more than ~ 3000 green cards. Pls. see the distribution of green card numbers in 2006 in his document:
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf
Most people on the forum are busy tracking their 485 receipt, of encashment of bank checks, IO comments etc. Most people will learn that all this is tracking is of no use other than helping everybody to have higher BP. If more green card numbers are not allocated, the wait time for applicants with priority date 2006 could possibly be more than a decade. The past trends were driven by positive events like visa recapture etc. So these trends are not reflective of what to expect in the future. But looking at 2006 numbers, one thing is for sure, the wait times could be a many more that what we would expect.
There is only thing that can prevent wait times of more than 10-15 years - change in the law to increase the number of EB GCs.
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reachinus
08-25 09:38 AM
Hi There,
If ur 140 was sent to the processing center before 07/21/2008 you should be fine. The receipt notice may take 2 - 4 days to be generated some times and some times it has taken nearly 3 months(last july VB Fiasco). I think if you labour has expired you wouldn't have got the receipt notice, but not sure.
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
If ur 140 was sent to the processing center before 07/21/2008 you should be fine. The receipt notice may take 2 - 4 days to be generated some times and some times it has taken nearly 3 months(last july VB Fiasco). I think if you labour has expired you wouldn't have got the receipt notice, but not sure.
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
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alterego
03-13 12:27 AM
Congrats.
Apparently TSC is having some difficulty with their online system. My lawyer told me this this week.
Apparently TSC is having some difficulty with their online system. My lawyer told me this this week.
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Prashanthi
10-20 05:15 PM
My advice you need to prepare a comprehensive package of documentation since your case is really messed up.
1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.
2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)
3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.
4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.
I agree with the above, please follow his advice. In general letter from the consulate is not accepted as proof of birth because they follow the passport details and dont do any further investigation.
1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.
2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)
3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.
4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.
I agree with the above, please follow his advice. In general letter from the consulate is not accepted as proof of birth because they follow the passport details and dont do any further investigation.
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coopheal
04-12 03:01 PM
Gurus, I just got an email about RFE on 485 application for both of us (myself and wife). My PD is Sep 2006, EB2, not sure why the application got opened and whats the RFE about. I am still working on h1 (renewed based on approved 140) and still has 1.5 years left. Is someone on the same boat, i mean RFE's on 485 though PD is not current??? If the RFE is about my employment, would my wife also get the RFE ?? I am with the same employer from almost 6 years.Do i get the copy of RFE too or just the attorney?? Thanks Guys, appreciate your help ....
Don't worry much its more than like going to be a medical RFE.
I had an RFE recently with similar status. See thread....
http://immigrationvoice.org/forum/showthread.php?t=24601
Don't worry much its more than like going to be a medical RFE.
I had an RFE recently with similar status. See thread....
http://immigrationvoice.org/forum/showthread.php?t=24601
more...
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pratikgr
08-08 07:49 PM
My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
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yak2121
03-25 12:36 AM
We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D
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karthkc
03-27 05:47 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
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GCard_Dream
07-09 06:49 PM
Yes. We both did get the TB test done (test and X-ray) back in 2007. Even though the TB skin test came out negative, doctor didn't wait the test result and ordered the X-ray anyway.
I did take my wife for another medical today. Didn't need any vaccination but just the TB skin test, and blood test for HIV and RPE. The doctor said that the TB test does expire after a year but I am not sure if that's true. By the way, what do you mean by both TB test (skin test and X-ray)? Is X-ray mandatory?
Thanks to all for sharing their experience and knowledge.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
I did take my wife for another medical today. Didn't need any vaccination but just the TB skin test, and blood test for HIV and RPE. The doctor said that the TB test does expire after a year but I am not sure if that's true. By the way, what do you mean by both TB test (skin test and X-ray)? Is X-ray mandatory?
Thanks to all for sharing their experience and knowledge.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
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rrajasekar
09-02 09:42 AM
The office staff from our congressman tried their best and said they couldn't get it approved. However, my wife received the EAD with an approval date just the same day of previous expiry. It has been processed within 30 days. Either USCIS processed quickly or the request from congressman office at least brought our application to the top. Anyways, we are relieved. Good luck to you all.
eb3_nepa
07-20 05:29 PM
if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
EB3_SEP04
08-27 08:08 PM
Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
I don't think OP can do that, because I140 does not belong to you, it belongs to the company.
correct me if I am wrong, but I believe the concept is you are asking for copies of documents that you have filed and since you have to attach a copy of 140 along with 485, you have the right to ask for a copy. but since OP has not yet filed 485 or more precisely, has not attached a copy of 140 approval for anything, he/she cannot ask for the same.
I have heard getting docs from USCIS under FOIA takes about a year or even longer(no experience though).
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
I don't think OP can do that, because I140 does not belong to you, it belongs to the company.
correct me if I am wrong, but I believe the concept is you are asking for copies of documents that you have filed and since you have to attach a copy of 140 along with 485, you have the right to ask for a copy. but since OP has not yet filed 485 or more precisely, has not attached a copy of 140 approval for anything, he/she cannot ask for the same.
I have heard getting docs from USCIS under FOIA takes about a year or even longer(no experience though).
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