newbie2020
06-11 06:08 AM
This would help people who have used the H1 to the sixth year, and cannot recapture days to apply extension before they can use the 365 days clause from Aiyates memo. I know few
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fittan
03-18 12:24 PM
GCBalak,
1) Anyone can start a company...just called the IRS, get an EIN number and then go your state office to establish the LLC or other entities. However, if you're on H1 or H4 status...you CANNOT be an active partner. This means that you CANNOT receive any forms of INCOME. Profit distribution during tax filing ok. GotFreedom...you're not receiving a salary are you?
2) Hence, it is "better" to partner with someone who can legally work. In case of an audit, you can claim that you're the silent partner and the other partner does all the work.
Fittan
1) Anyone can start a company...just called the IRS, get an EIN number and then go your state office to establish the LLC or other entities. However, if you're on H1 or H4 status...you CANNOT be an active partner. This means that you CANNOT receive any forms of INCOME. Profit distribution during tax filing ok. GotFreedom...you're not receiving a salary are you?
2) Hence, it is "better" to partner with someone who can legally work. In case of an audit, you can claim that you're the silent partner and the other partner does all the work.
Fittan
lazycis
02-13 01:02 PM
"Amnesty to LEGAL immigrants!"
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GCEB2
09-20 09:01 PM
Hi... Can any one tell me which are the afforable places in California to buy home. It can be town home or single family homes, Bet 300k to 400k.
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easygoer
02-27 11:41 AM
Very logical answer covering all the related issues
ursosweet
07-17 05:45 PM
one silly question. How weeks do we have in hand to file 485?
no you have until august 17, 2007.
see murthy.com
pk
no you have until august 17, 2007.
see murthy.com
pk
more...
Libra
08-03 12:36 PM
Apology accepted and now i ask you to contribute for DC rally.....will you do that?
Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.
I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.
Libra-
I apologize for upsetting you- I am not a pro at this just joined yesterday- can you give me a break? Next time I will send you a note to see where you think I should post....
Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.
I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.
Libra-
I apologize for upsetting you- I am not a pro at this just joined yesterday- can you give me a break? Next time I will send you a note to see where you think I should post....
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pappu
09-14 06:20 PM
Thanks to all those who tuned in.
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lord_labaku
12-16 01:40 AM
Your code has lot of syntax error. (for your reference - message window has spell check feature inbuilt)
Sorry..could not resist.
On a serious note, please read the AC21 rules and interpretation
Sorry..could not resist.
On a serious note, please read the AC21 rules and interpretation
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doudou
06-25 07:17 PM
Has he already filed? Can you send in your application before July 01 dateline?
Gene
Thank you guys. This scares me. I believe he already filed. At least that is what he told.
Gene
Thank you guys. This scares me. I believe he already filed. At least that is what he told.
more...
randomdude
12-07 12:01 PM
A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?
Thanks in advance
Thanks in advance
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VisaExpert
08-18 04:53 PM
The above blog doesn't have up to date information. I had my visa appointment last month and it went very smooth. I felt confident too not only about the interview but also about the surroundings......thanks to the blog below.
H1B Visa Stamping Tijuana, Mx (http://www.tijuanah1b.blogspot.com)
H1B Visa Stamping Tijuana, Mx (http://www.tijuanah1b.blogspot.com)
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WAIT_FOR_EVER_GC
11-11 12:51 PM
ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL
Every week there is a free call
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
Every week there is a free call
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
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ysnraju
07-25 10:45 PM
So far not come across
But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
So no wonder Dependent may get approval.....
But lot of questions araises
Just for argument shake please do not expect to happen but for argument
if the Primary applicants is not eligible then what they will do ........ :)
.......
But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
So no wonder Dependent may get approval.....
But lot of questions araises
Just for argument shake please do not expect to happen but for argument
if the Primary applicants is not eligible then what they will do ........ :)
.......
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gchopefull
10-02 04:14 PM
at TSC
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gc_dream07
03-30 10:39 PM
Enjoy the freedom.
Good Luck with next endeavor (citizenship I guess!!:))
Good Luck with next endeavor (citizenship I guess!!:))
more...
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Raj2006
06-04 10:04 AM
to Phoenix lockbox 4/12. It was sent to CSC. I got my card approved 5/26. Got Card on 6/3.
My wife case though still pending at CSC.:confused:
did you get a finger print notice? as far as I know they wont send FP notice for paper filing..but just want to confirm.
My wife case though still pending at CSC.:confused:
did you get a finger print notice? as far as I know they wont send FP notice for paper filing..but just want to confirm.
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maddipati1
08-31 10:54 AM
Even after they stopped issuing Interim EADs at Filed Offices, one can always 'request' for interim EAD at field office by taking an appointment thry InfoPass. FO then would talk to service centers about the case.
This is never changed. It is clearly stated in Form I-765 and in the original inter-office communication cancelling the production of interim EAD at FOs.
Whats new in Ombudsman tele-conference is that u can request interim EAD at a field office just after 75 days intead of 90 days as in earlier policy.
This is never changed. It is clearly stated in Form I-765 and in the original inter-office communication cancelling the production of interim EAD at FOs.
Whats new in Ombudsman tele-conference is that u can request interim EAD at a field office just after 75 days intead of 90 days as in earlier policy.
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franklin
07-05 10:39 PM
If people want to send flowers, let them send flowers. I really don't see the point, but whatever
But please - do we need multiple polls and threads about this? How many of the 200 that are apparently ready (although this number differs on the 3 or so other polls, and countless other threads on this subject) have done actual IV action items?
Admins - please close this.
But please - do we need multiple polls and threads about this? How many of the 200 that are apparently ready (although this number differs on the 3 or so other polls, and countless other threads on this subject) have done actual IV action items?
Admins - please close this.
morchu
07-26 04:36 AM
Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
freddy22
07-20 07:24 AM
my son was charged with criminal mischeif 4th and a petty larceny charge - as a YOUTHFUL OFFENDER and under NY Law and US Law this is NOT a deportable reason for the INS to start proceedings - in othert words crimes charged under YOUTHFUL OFFENDER are not grounds for deportation or INS charges so is my research - am I right?