Wednesday, June 8, 2011

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  • stones
    06-30 07:25 PM
    Why has the second H-1 petition been pending so long? Was there an RFE? What does the USCIS on line system show?

    What does RFE means? It shows they sent it to another processing center for processing.





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  • Alabaman
    08-28 05:06 PM
    For example if the minimum requirements of the job is BS with little or no experience, you would be in an EB3 category, irrespective of whether you have a MS or a PhD.

    I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?





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  • smaram1
    08-11 10:44 PM
    It would be great if any one's I485 got approved while their Name Check is Pending?





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  • la6470
    06-03 09:45 PM
    Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)

    It shows self employment and H1B cannot prove employer-employee relationship.

    >>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.

    He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"



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  • spgtopper
    02-03 09:41 PM
    helpful_leo,

    I really appreciate your urge and energy for this. We need more and more people like you as volunteers.

    I read section 313. I agree with logic life. You should have the ability to transfer to F4.

    It is not fair to assume that the legislation is not favourable for "current" students. Does it clearly say that? No. So, don't assume either way.

    If you want to be very sure, you can call your senator's and congressman's office (of those who endoresed/creeated the bill), and talk to a person handling immigration matters or specifically this bill. Confirm your belief/assumptions and then write letters etc.

    Meanwhile, see if this helps:

    313: "Creates a new "F-4" student visa for doctoral candidates studying in the fields of..."

    The word new refers to the visa and NOT the student. And, "studying" in implies current students. :-)

    So, what is the problem?

    S.





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  • ars01
    06-30 06:23 PM
    Well said EB3 retro!! I like you approach. I have lost interest of GC. And actually, I don't care at all what happens to GC as I don't want to make my life decisions based on USCIS guidelines. I mean, I came here 11 years ago and I think US has lost the efficiencies it was known for. Very sad, but true.



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  • srkamath
    08-05 06:21 PM
    Dhundhun,

    What is your source for the 1% to 5% estimate?





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  • eb2waiter
    06-20 06:08 PM
    There are atleast 100 immigration doctor centers, and you will get an appointment in 1 week. Also they do package deals, so you can go brokeback (mountain) in 3 days.



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  • poorslumdog
    09-13 11:52 AM
    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

    If you are out of the country for six months...you will lose your GC. Dont do that mistake.





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  • perm2gc
    10-04 06:47 PM
    I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:

    1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.

    2. Cost of Living:
    Apartment Rent: 900-1000 Euros per month
    Lease terms: 6-12 months
    Transportation: Public (Bus, subway, trains). You don't need a car.
    Some companies offer a car+gas card as part of the overall
    compensation package.

    3. Salaries: Around Euros 35-45K per year (IT related)
    Taxes: More than US (Around 30-35%)
    Health Insurance: None
    Vacation Time: 20-30 days an year
    Education:Schools are mostly french medium. International schools
    (English medium) are more expensive.
    Desi/Indian population: Limited

    4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.


    Good info..thks



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  • shana04
    07-31 10:27 PM
    I had infopass appointment 2 days ago to enquiry about name check status. You stand on the line the security guy check your infopass appointment confirmation letter, and verifies the appointment time. if it is > 15 min. then he asks you to come 15 min. before. The receiptionist calls the next person in line. Takes the infopass appointment cfrm letter, and ask for what is the purpose of the appointment. Once she verifies it, If she gives you a token then you will go inside and talk to immigration officer.

    myvoice23, thanks for information.





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  • jaithran
    05-13 08:21 AM
    In Bank and other Government agencies they officially refer as I-485 Resident. In bank while approving a loan, one of the valid statuses is I-485 Resident.



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  • LOL123
    07-30 11:25 AM
    I am currently working on EAD. My current EAD expires on September 9th 2008. I have e - filed for the renewal EAD on June 13th. The way Texas center is processing it may take a while befoire i get the renewal EAD. My question is - Can I continue working on EAD with the receipt notice of renewal EAD?





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  • veni001
    01-31 12:02 PM
    What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
    Thanks.

    That means your current position qualifies as EB3 only!! If you want to port you need to find a EB2 qualifying job:)



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  • iad2ead
    01-10 05:03 PM
    I'm on H1B and my family members are on H4. I'm still working on H1B and never used EAD/AP.

    I would like to renew my EAD/AP which has expired in Oct'08.

    My lawyer is charging huge fees and it is turning out to be very expensive to renew EAD and AP for all my family members.

    Have anyone renewed EAD and AP after such a long gap of expiry? Will e-filing
    help or paper filing is efficient? Any experiences from forum members regarding
    this will be appreciated.

    cheers
    Iad





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  • TomPlate
    07-05 12:44 PM
    Here are the numbers to call CNN.
    <B>
    CNN
    (843) 763-6631 | 60 Markfield Dr # 4 Charleston, SCzip code

    Search the Web | More Information
    Business Categories: Television Station Representatives,more...
    Map| Driving Directions| What's Nearby?| Send to Mobile Phone
    CNN
    (202) 408-1097 | 950 Pennsylvania Ave NW Washington, DCzip code

    Search the Web | More Information
    Business Categories: Nonclassifiable Establishments
    Map| Driving Directions| What's Nearby?| Send to Mobile Phone
    CNN
    (212) 945-0691 | 225 Liberty St New York, NYzip code

    Search the Web | More Information
    </B>



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  • go2roomshare
    07-12 05:51 PM
    Will this be same if you are with same employer??

    I mean
    Having PD 2003 Jan - EB3 - approved 140
    Can this be used to file new I 485 with NEW PERM LABR - EB2??
    does EB2 140 needs to be approved ??





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  • rajenk
    10-19 11:21 AM
    OP,

    Check my reply in the following thread for your question 4.

    http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html

    The sections I referred in the Adjudicator's Field manual means

    USCIS revocation for Fraud or misrepresentation in the application.





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  • fatjoe
    10-06 05:12 PM
    How did you know that your case was pre-adjudicated on Sept 18th 2008?
    Is there anywhere that information is available? Thanks.

    Take an infopass. They can tell if your case is pre-adjudicated or not.





    praveenat11
    10-08 06:00 PM
    are the dates current for EB1 category to file I-485?





    hmehta
    09-23 07:53 PM
    Yes, I am in the same Boat - My 485 was filed on July 19th but haven't received my receipt yet (485 filed at TSC)!



    Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D



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