Sunday, July 3, 2011

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  • Devils_Advocate
    05-07 01:10 AM
    As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.




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  • sri1234
    01-30 05:30 PM
    :(My H1 extension got denied and the attorney filed for MTR.
    Can i work while this is under process or should i use EAD?

    The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.

    Should i be using EAD to work and abondon H1?

    Will there be any problems for 485?

    Your advise is hightly appreciated. Please help

    Thanks,
    Sri
    PD - Oct 06 EB2 - India
    I-140 approved
    I-485 filed July 07

    Please somebody give their expert inputs.




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  • GCBy3000
    07-18 09:33 PM
    Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN




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  • Antonio Trivelin
    June 16th, 2006, 07:10 AM
    jliechty, El Hacko and Kevin Tks a lots for the tips !!!!!

    Kevin, Brazil disappointed all brazilians in this first game. I hope they could be better at the next one. Seu portugu�s est� �timo Kevin !!! Parab�ns meu amigo !!!

    Family based GC on top of approved 485 [Archive] - Immigration Voice

    View Full Version : Family based GC on top of approved 485




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  • wandmaker
    08-26 10:49 PM
    My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.

    Yes, you are correct.

    Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.

    You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD

    A person can EAD only once I-485 is approved? Is that correct.

    You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue




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  • dj.techo
    04-04 07:28 PM
    Hi All,

    Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?

    Questions we have..

    1. Can I become parnter easily once my status got changed from EAD to GC?
    2. Once my wife start LLC, can she work for another company e.g. Software consulting?
    3. What would be tax bracket for my owner of LLC?
    Thanks,
    dj



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  • pappu
    05-25 08:35 AM
    We have temporarily suspended donor forum at this time as we do not have the man-hours and bandwidth to validate each donor to be added to the donor forum. At this time we are focusing on Advocacy events in DC and all of our energy is being utilized to reach out to lawmakers. All important updates are being posted on the public forums.




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  • snathan
    01-12 10:42 PM
    USe the EAD...



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  • dreamworld
    12-13 04:48 PM
    Have another question regarding AP, we have filed 485 in jul 07, we got Recept for AP, but no other updated on AP, in case of Emargency can we go to the local office to get AP, is there any Rule that poeple applied AP for the first time will not get the same from local office.

    Pd: EB3, Aug 04
    I 140 : Jan 07
    485: Jul 07

    check your AP application here https://egov.uscis.gov/cris/jsps/login.jsp and if is says approved then call your attorney. usually this AP approval goes to attorney if you use attorney during the filling.

    if the online status is not yet approved then may be they are waiting for FingerPrinting to be done. Did your FP complete?




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  • macho
    09-05 07:46 PM
    Hi,
    I am writing here for the first time.
    My checks got encashed only for EAD/AP.
    I filed concurrently I140/485 and PD is 2006.
    Can some one tell if this is normal?
    Thanks



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  • Blog Feeds
    05-25 08:30 AM
    As the H1B season (http://www.h1b.biz/lawyer-attorney-1137085.html) still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.

    The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.

    VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:

    * Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
    * Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
    * Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
    * Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.

    All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.




    More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)




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  • go_guy123
    10-27 03:51 PM
    Illinois Congressman: Immigration Reform Cannot Wait : NPR (http://www.npr.org/templates/story/story.php?storyId=114199526)

    President Obama says he wants to change United States immigration policy. But so far, immigration has taken a backseat to other pressing issues, like health care, the economic recession and the ongoing conflicts in Afghanistan and Iraq. But Rep. Luis Gutierrez, a Democrat from Illinois, wants to bump immigration to the top of the President's agenda. Gutierrez explains why he thinks comprehensive immigration reform cannot wait any longer.

    Gutierrez is panicking on something that we already know: CIR is dying. As CIR gets delayed, its chances diminishes with the approaching election year (2010).

    Gutierrez is from a high-immigrant area of Chicago (Cook County) but it will cost massively for Democratic party in the purple states. Democratic party will never
    risk its fortunes over the tantrums of Gutierrez.

    Gutierrez knows that if CIR keeps failing again and again then piecemeal will start gaining traction. Then his amnesty dreams for illegals will be up in smoke.



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  • wandmaker
    05-27 05:16 PM
    1.Is it mandatory to have a pending 485 application in order to get H1b
    extended beyond 6 years using I-140 approval?

    2.Do I need to be with the employer who filed PERM in order to get the H1b
    extended beyond 6 years using I-140 or can a new employer file for my
    extension using the approved I-140( without having a pending 485
    application ) ?

    Greatly apprecite any response...

    thanks


    You can use your 140 approval notice copy to extend beyond 6 years. It does not matter to which employer the 140 belongs to. It is not mandatory that you should have 485 pending.




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  • svam77
    07-24 03:13 PM
    My H1B LC says that I got hired as software engr. But later, they promoted me to Sr Software Eng ...


    Now my labor cert says Software Engr.

    I think its not a problem but just want to make sure. My lawyer didnt even care.



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  • cr52401
    02-14 09:34 AM
    I think you need to wait till you have EB2 numbers available or else you need to with draw the inter filing before your I-140 assumes the eb3 priority date.The withdrawl my trigger RFE.That is my openion.Gurus correct me.

    Thanks for your reply. Do you think even when my visa number is available, they still put the file on hold until they approve the second 140? The second EB2 filed in December in TCS. So I need to wait long time to get it approved!!
    My company attorney really dont know a lot about this issue. I guess I need to speak with a good attorney.
    I hope we can get some help from people here.

    Thanks.




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  • vpm
    02-12 10:49 AM
    Once you have been outside of the U.S. for more than a year continuously after the approval of your GC, your permanent resident status will automatically terminate as abandoned.



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  • leoindiano
    07-23 11:17 AM
    If someone dont get an LUD, he may still get GC. LUD does guarantee that someone touched your case. From , it appears most guys got GC without LUD's.

    So, please dont panic if you dont get an LUD.




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  • dog123
    01-11 03:50 PM
    Hi,

    My Priority date is May 02 2007.

    I file 485 and 140 in August.

    My Grandfather is a US citizen. He filed immigration petition for my Dad in 1996 and I was part of it. Before priority date become current I was age out.

    Can I port my Earlier(Family Base) PD to new application(Employment Base) ?

    Thank you,
    Rashesh




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  • ns521
    01-08 04:09 PM
    I sent the applications(I-140,I-485,I-131,I-765)to Nebraska center more than 3 weeks ago and it was received by them the next day(because I tracked the FedEx package).Until today,no receipts yet and my checks are not cashed yet and the receipting update says Current for Nebraska,so what's the meaning of "current"in receipting update if no receipts yet after 3 weeks?is there something wrong?
    Thanks




    royus77
    06-22 05:01 PM
    Hi,


    * However, company Y's legal department came back saying that they cannot apply for an H1-B transfer because the current law doesn't allow transfers from an H1-B extension (after the original 6-year H1-B has expired).

    Could somebody advise me if this is really true?

    -- Vikram

    I never heard of any law like that....Check with attorney..i have friends who had done like that




    perm2gc
    11-10 10:52 AM
    I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.
    If you have changed status from H4-H1..how come you entered on H4 again..
    As per my knowledge your H4 status ends once your H1B is approved and if you go out of country..you have to get your H1B stamped and enter the country...

    I may be wrong ,please consult a good immigration attorney



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