Thursday, June 30, 2011

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  • msadiqali
    01-04 10:32 PM
    My Case:
    Company A applied for GC citing future employment.
    Got the EAD.
    Currently I am in the pay roll of Company B(sister concern of A) in H1.
    What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?




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  • sanjose16
    02-26 01:00 PM
    I'm sorry let me re-phrase:

    Is there a RISK to file 2 separate petitions (H4 Extension and H1) in the same time frame?

    If yes, what's the option?

    Should I say to my employer or lawyer (Company 'A') to not to file H4 extension for my wife because of the overlap of time frames?




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  • tharu
    06-29 08:44 PM
    Hi,
    I have recently received an RFE on my I-485 application asking me to provide receipt number or A number for my spouse and child as I have included them in my application. I don't know how to respond to this and need your help to provide a suitable response.

    I didn�t submit I-485 application for my spouse and child as they were out of the country while i filed my mine. My family continues to live outside US while I'm here working on H1 and also have my approved labor (Feb24 2007) EAD (Nov11 2007) and I-140(Feb10 2009)
    Question is how to respond to RFE as I can't provide A number or receipt number. Also as my spouse and child are born in a country where they still have visa numbers available, can I claim cross chargeability to my spouse country of birth as the visa numbers are not yet available for India for my Priority date.

    As I have my chances of speedy processing with cross chargeability, how should I respond to RFE without I-485 filed for my family? Is it possible to ask for consular processing for my family with an intend FTJ? Please help me to answer in a way that would help my processing faster.

    Regards




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  • alucard666
    08-11 04:29 PM
    Hi All,
    A few questions for those who have experience with registering a sole prop. in the US.
    My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
    Does owning a company in the US have any impact on our green card application?
    Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
    Is she considered a "U.S. person" ( seen in multiple tax forms )?
    Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
    Thanks for the quick response.



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  • lacrossegc
    12-11 08:17 PM
    Cool Mr engineer !!
    I'm in La crosse, WI...
    Already signed up for recurring and $150 one time for Omni bus

    Fellow WI-IV folks, please contribute ....




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  • Anders �stberg
    February 12th, 2005, 12:25 AM
    I agree there isn't much to look at though, nice colors and sun, but no foreground interest.

    Try cutting the top half off, just above the two darker long clouds, would make it much more dramatic.

    My .02 SEK :)



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  • trivial science
    12-09 05:34 PM
    Hi there,

    I am from northern NY, close to the border and my spouse has been to Ottawa twice for H1 renewal.

    No there is no problem at the actual border. However if you are driving through the Adirondacks be prepared for Border Police (best not to drive at night). Also there has been a lot of snow and the roads are very slippery (the region gets some serious snow and wind chill). Make sure that your car breaks, tires and heating is okay.

    Drive safe and Best of luck!!!
    trivial




    Hello Guys,

    I didn't find any thread on this topic, if there is one please give me the link.

    I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
    Please share if anyone has done this.

    Thank you in advance.




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  • krishmunn
    12-25 10:56 AM
    The salary should be increased the day H1 kicks in. This should be the H1 start date mentioned in approved petition in case of COS
    OR
    Once you enter US with H1 status if it is not a COS



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  • seeking_GC
    06-24 03:19 AM
    Hello everyone,
    I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.

    I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.

    1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?

    2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.

    3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?

    Thanks in advance




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  • monicasgupta
    05-22 09:10 AM
    I have soft LUDs since last 4 consecutive dates i.e, 05/18, 05/19, 05/20, 05/21.


    PD(EB2) - June 2006
    I-140 - Approved Nov 2008
    I-485(FD) - 01/08/2007



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  • amolraj
    09-22 03:19 PM
    any guidance/replyes on this?

    Appreicate your help. This is very urgent for me. Thanks!




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  • thomachan72
    11-03 02:28 PM
    My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

    Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

    They are aparently processing audit cases dated September / october 2007 so yours seems strange. I have no idea about how to contact the labor department. Hopefully some one who knows will point you in the right direction.



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  • immiblues
    02-11 12:20 PM
    Did you declare your arrest record at the time of I-485 filing and did INS respond to that? What stage of I-485 filinga are you? Do you already have your AP?

    As far as I know you can be denied entry IF your I-484 is denied while you are out of the country.




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  • malibuguy007
    05-04 09:11 PM
    If you are on H1 then the ticket should be provided for by your employer - that is my understanding of the law.



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  • billu
    10-25 06:13 PM
    A receipt of notice is generated immediately. As soon as your application reaches the USCIS ofice they generate the receipt of notice and post mail it to the attorney. It takes 2-3 days for the mail to reach your attorney so we can assume that the total time to get the receipt of notice from the day it was filed should not be greater than 4-5 days.

    thanks for your reply. My I-140 petition should have reached NSC on 13th October. Assuming that they mailed the receipt notice latest by 15th October by regular mail which takes 2-3 business days, should my attorney not have received something by today (25th october -6th business day). Is this normal or an unusual delay??




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  • Nagireddi
    04-04 10:27 PM
    You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:

    http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html

    1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
    2.) Yes
    3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.

    I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.



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  • jatinr
    01-17 11:04 PM
    I have received 485 receipts and PD is field is empty. My I-140 which was already approved has the priority date specified in it.

    Anyone has this column filled?




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  • joyoehlers
    08-22 06:12 PM
    I entered on a H4 on my New Zealand passport and it is valid 2010. I now have a H1B ie a I-797A and a new I-94 that is also valid till 2010. I'm leaving the country for the first time to go to Australia.

    Do I need to get a new visa stamp for my passport? If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?

    Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?

    Thanks




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  • pnjbindia
    07-08 07:09 PM
    are you guys saying that the "costs" for the medical exams can be reimbursed by our insurance companies? I did not know that... In case that is true, I will submit mine for reimbursement...
    thanks for the info..




    Prashanthi
    08-21 01:39 PM
    My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.

    ------------------------------
    LC and I-140 Approved; EB2 PD 22 Feb 2008

    The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.




    rsdang
    08-22 11:44 AM
    There is a pilot in progress where a combined document has been issued which serves both as EAD and AP and the validity is 2 years... So I would say its a matter of time if the pilot is successful.

    There are some conditions that need to be met.



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