Tuesday, June 7, 2011

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  • sparky_jones
    09-30 05:55 PM
    I am currently with a company through which I filed my I-485. The filing was done by the company laywer. If I invoke AC21 after 180 days of filing and change to a different company, how would I ensure that USCIS removes the current lawyer as the attorney of record? This is assuming that I want to represent myself and not use a lawyer after switching to a new company.





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  • kamakya
    05-14 09:48 AM
    Urbana in Frederick county. The schools there are the best and lots of Indians and property tax is pretty low compared to other places.





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  • susie
    10-31 01:47 AM
    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.

    maybe you can re finance your biz and invest the $500,00 and not actually sell the biz, then apply for EB5, once the case is in process you are legal to stay till decision





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  • pappu
    12-18 09:55 AM
    Hi

    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)

    Thanks in advance.
    Sree

    Do you have EAD and AP?



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  • rheoretro
    11-07 03:23 PM
    Gcneeded,

    Lots of people seem to be giving advice, gratis, and pretending as if they were lawyers. I would suggest you consult a lawyer and get information about the exact documents that your parents would need. While even I, as a layman, know that the B-1/B-2 visa is not tied to a sponsor, I also know that mere possession of a valid visa is not sufficient grounds for the entry of a foreigner into the US. A lot rests at the discretion of the USCIS Immigration Officer at the port of entry.

    If I were you, I would err on the side of caution. Please consult a lawyer - you can get these questions answered for free by asking the attorney Sonal Mehta Verma, who periodically gives gratis legal advice to IV members. Good luck!

    RR





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  • waitingGC
    03-21 10:58 AM
    My wife will apply for H1 this April. I also have some questions:

    1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?

    2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?



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  • insbaby
    02-25 04:23 PM
    ** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B

    ** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1

    ** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140

    ** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485

    Add many more, there are 101 ways to torture a non-immigrant.





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  • desi3933
    08-27 01:52 PM
    Thanks desi3933.

    My followup qn to this is ..

    If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?

    Thanks


    A priority date can only be recaptured from one approved I-140 to another approved I-140, regardless of whether an I-485 was filed or not.

    Please check with your attorney.

    ____________________
    Not a legal advise.



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  • LostInGCProcess
    09-02 10:40 AM
    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.

    I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
    Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).





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  • maru
    09-13 02:06 PM
    hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?

    thank you for welcoming me to IV. yes, i am attending the DC rally together with my husband.



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  • anilsal
    08-05 07:58 PM
    tax returns. I do not think they expect you to list all the addresses that you stayed during the year.

    You will need to provide the address to the tax return where your state taxes were deducted for the most part of the year IMHO. But for your GC app, I am unsure.

    Have you consulted your lawyer? Send a PM to pappu maybe. He may get some answers from the IV lawyers.





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  • GlobalCitizen
    08-21 03:20 PM
    I think you're okay. Hopefully USCIS made a note in their system when your application was first sent and you just needed to correct something. Did you ask your lawyer what he thinks will happen?

    My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...



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  • tpcool
    05-31 10:21 PM
    Thanks, this helps.

    It would be helpful to know if anyone did this transition with the I-140 approval. Let us see if we get some more responses on this.





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  • apt29
    08-17 02:59 PM
    Thanks Kondur_007,
    I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?

    Once get a job offer, or intended join date:

    You need to do a Change of Status from h4 to h1 with USCIS again. Your Lawyer should have more details about it. At that time you get a H1 papers with I94 attached and extended. You can get a ssn, once the H1 becomes active. Cannot get SSN for future effective date H1.



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  • raajpagare
    07-13 05:14 PM
    I have taken filights to Indore from both Mumbai and Delhi. There is not much difference per say, both of them provide you the shuttle to domestic airport. The delhi shuttle takes slightly longer (like 10 mins more). Both places have good facilities to wait too.

    So I guess take whichever is cheaper.

    One important point to remember though is that if you are travelling in Dec and Jan, Delhi does get a lot of fog and flights get delayed. So if your domestic flight got delayed, you might the international one or if the international one get delayed then you might be stuck in delhi for a while. I got stuck there for a day (although the airline provided nice accomadation).

    So if going in Dec or Jan, choose Mumbai.





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  • OLDMONK
    09-16 03:48 AM
    To begin with, H4's or F1's, J1's, student or whoever from outside USA, all had equal opportunity. No one took anything from anyone here, they just like anyone else looked for jobs, posted resumes, got interviewed, qualified the interview and were offered a position/sponsor.

    There will also be lot of those who are not H4's and have a H1B visa approved, are outside the US and would never make it here on their coveted H1B visas. I can guarantee you that.

    And its not a matter of being chicken as you mention, its a matter of convenience. EAD allows you to work much more freely, and I am sure you know that.

    Who knew that 485/EAD filing would become possible with retrogression we had in April.

    And I would rather not comment on your "coveted/qualified professionals statement", as you seem to be assuming that people on H4 visas are not qualified professionals. (most spouses who are here for 6 or more years were professionals to begin with and a good percent of those went to school for Masters/Advanced studies or MBA and would qualify under SKIL category for Green Card's today, assuming SKIL Bill was to happen anytime)

    Remember H1B filing expense is at 3-5k levels and in today's times automatically filters out non qualified candidates, any company would be insane to sponsor a candidate without proper screening, I agree there would be a miniscule %age of people who may have abused the system, please don't generalise.

    ....and I assure you that 65k (well actually 58k) numbers would always fall short.



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  • sintax321
    10-02 01:13 PM
    How did you do that great green liquid effect. The colors are amazing. How did you do this I must know. Is there a tutorial some where that you played with or did you just sit down and see what happended? Amazing looks Greathttp://www.kirupa.com/forums/smileys_files/bigthumb.gif





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  • vxg
    03-17 04:52 PM
    Insurance did not pay for mine and my wife however my employer reimbursed me.

    If your primary physician "advises" you to go through the "same" tests then insurance companies will have to pay.





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  • India76
    07-16 04:58 PM
    I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?





    immi_twinges
    09-19 12:22 PM
    Where did Gandhiri go...

    It seems like every one is yelling and trying to make others feel low if they didn't attend rally or didn't contribute...

    The website is free and its up to individuals to do what ever they want ...
    May be they will feel the heat or retrogression after 2 years or so and start doing something about it (like contributing..

    All i am saying is do not chase visitors away with your anger...

    Peace...

    ------
    I am just a visitor....who likes iV
    I used to visit the forum now and then as it was a good forum where people encourage and support each other..It gave me a sense of belonging to something...





    bluekayal
    11-01 05:35 PM
    I am hoping to file I-140 next week or so based on an approved labor with PD of 2004. Any idea if it is possible to tie my Sch A 2006 PD with this older one? Thanks for your input!



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