Friday, June 10, 2011

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  • mambarg
    08-06 03:09 PM
    Well I dont think there is a think tank there to think of what if scenarios.
    They just start conservatively and increase by 6 months increment.
    More or less they seem to be waiting till May/June to pull triggers and make current.
    If INS cannot provide them stats of pending aplications, how will DOS know what to write in bulletin.





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  • amoljak
    10-16 02:03 PM
    Kambi:

    Based on current stats,

    LC - It will take about 4 months from the date you initiate your case with your lawyer
    140- Eb2 or eb 3 will take from 4 weeks to 4 months
    485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.

    However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!

    In addition to what final GC said, you need at least 3 months before you file the PERM labor cert application to do all the prep work, advertise etc.

    If your job falls under EB3 you are screwed no matter where you come from.
    But since you will be getting a Master's degree, you can work on H1B for a year, then get a different job which falls under EB2. That way you would start your green card a year later, but you will be able to file 485 with 140 and you will get your green card much sooner.





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  • shree772000
    07-20 08:12 AM
    In the longer run I think many of us will go back if not close to 90%. That is the charm India holds in our hearts and minds.

    Its just not jobs or lack thereof, its not about comfortable life or lack thereof, you will be pulled back at your heart.

    And with all the brains going back India can no longer be poor and will overflow with talent so there will be more companies moving into India.

    I plan to go back regardless of GC.





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  • reno_john
    06-16 02:02 AM
    If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

    I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

    Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!


    Any F1 visa spouse can apply for I-485 the only legal cause is that at the time of filing spouse status should be legal, found from my attorney.
    As per my knowledge when I was a student, the internation center updates the Sevis database and also writes on the I-20 that the student is accepting OPT and so a EAD needs to be issued. And on the EAD it will mention that the EAD is for OPT, so EAD for I485 is differect from EAD for OPT.



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  • SAMK
    02-01 01:47 PM
    Specifically how long were you in US before you started your CPT and in what capacity and where were you working ?





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  • mwin
    08-17 02:14 PM
    I485 will be accepted, if all other things are good.
    Don't worry about EAD and AP, if it gets rejected you can always re-apply. You can apply for these any time during 485 stage. Aug 17 does not apply here. Of course you have to pay the new fees.



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  • bang
    01-07 05:03 PM
    Thank you all for your repiles. I have asked my wife to talk to their lawyer directly.
    It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
    My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.





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  • confu
    08-06 11:37 AM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

    Congratulations!!



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  • AK_GC
    03-16 05:05 PM
    ...2 letters.





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  • ivy55
    07-17 09:26 PM
    How did you open Expedite SR, I opened SR nearly five times, took two InfoPass, yet not FP ?



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  • naturopathicpt
    06-25 10:15 PM
    Hi. I came from the Philippines and signed a contract for a 3-year obligation as a PT here in the US. My employer paid my recruiter (agency) fees to get me here. In the whole process, I did not shell out anything except for my airfare and other minor fees. However, my recruiter made this written contract saying that if I breach it, I have to pay all the expenses, as in literally all of it regardless of how long I already worked within the three-year period. I just feel that I am being held by my employer since I am planning to move to another company that would better give me the chance to have a green card to a place where I really like to live. Is it really legal that a recruiter make a copy of a contract/bond for the employer and the recruit to sign on it and for me to be responsible to pay all of the fees should I breach the contract? Is there any law/article that prohibits this practice?

    I highly appreciate your warm assistance.

    NaturopathicPT





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  • rinkurazdan
    05-31 11:17 AM
    Keep the cash rolling...for that will only save us from the gross injustice.



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  • sash
    06-20 01:16 AM
    What do the people in the following circumstance do:

    1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??

    2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?





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  • eb3retro
    02-16 09:56 AM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David


    take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.



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  • crystal
    10-18 10:56 AM
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    C. Personal Check in Mail:

    You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.


    Immigration Voice
    PO Box 114
    Dayton, NJ - 08810





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  • desi3933
    06-25 09:46 AM
    As long as she is not drawing a Salary, she is fine. She can continue to manage the business.


    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.



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  • bigboy007
    10-11 05:01 PM
    Thanks for replying... Appreciate it ....

    I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

    As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
    180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.





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  • helph1b
    09-18 05:16 AM
    :mad:
    It seems that NJ based consultancy firm "Segicorp" is fraud because it has taken money on behalf of H1B aplications from many candidates and there is no response yet.

    Segicorp is giving same reply to all that applications was couriered thru fedex and waiting for reply from USCIS. They are just fooling as there is no prrof that our application packets was really couriered to USCIS. If they had really sent our application packet then we would have atleast received Receipt number.

    All of many friends who have applied thru other consultants has received receipt number long back and are waiting for their status. If we had atleast received receipt number and no approval, then also we would have been convinced that approval depends on USCIS and NOT on segicorp. But Segicorp had nicely and smartly enjoyed everyones money and are free without any problems.

    Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail. :mad:





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  • GCard_Dream
    03-15 06:32 PM
    Thanks a lot for all that good information. You mentioned about O*NET category and job zone. What is O*NET category and how do I know what category does my current job and expected future job fall under?





    GCBALAK
    03-18 12:57 AM
    I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.

    I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.

    My questions:

    1) Can I start / partner with a friend who is a US Citizen?

    2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).

    3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc

    4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.

    5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.

    Any tips / advice from the experts will be highly appreciated.





    saro28
    10-20 01:55 PM
    Not True, We submitted the Birth Certificate obtained from Indian consulate here in US and One of the GC got approved recently. In my opinion the Birth Certificate from Indian Consulate is sufficient



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