waiting4gc02
11-16 08:11 AM
Anyone...can you suggest..?
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Nw2GC
05-07 08:32 PM
I will be submitting my paper work soon!
ksiddaba
08-22 03:23 PM
My questions:
While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.
While owning this business one is free to sponsor and support other H1Bs. In other words, you can hire a h1B as well (like your spouse). This could be yourself, although that would be at some level unfair.
Incidentally, you could get a second H1B to work with your friend through a company that your friend set up to do this consulting work (if your original H1B employer lets you and you keep your original employment). You would have to go through the labor etc. Secondary H1Bs are suprisingly not uncommon.
As for just signing plans for free, and not being paid for it, but sharing in the profits resulting from the venture is pushing the "intent" of the law. I think what the USCIS wants to see is you taking a passive approach in the business (say giving up front investment) or making contacts available to the business or giving a talk or seminar to promote the business. Signing off a design would I think be considered as day to day operations of the business which would violate the intent of the law. But like all laws (esp. immigration ones) everything is a question of interpretation. You get a good lawyer to back you and you would be ok with how much you can get away with, within the law.
While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.
While owning this business one is free to sponsor and support other H1Bs. In other words, you can hire a h1B as well (like your spouse). This could be yourself, although that would be at some level unfair.
Incidentally, you could get a second H1B to work with your friend through a company that your friend set up to do this consulting work (if your original H1B employer lets you and you keep your original employment). You would have to go through the labor etc. Secondary H1Bs are suprisingly not uncommon.
As for just signing plans for free, and not being paid for it, but sharing in the profits resulting from the venture is pushing the "intent" of the law. I think what the USCIS wants to see is you taking a passive approach in the business (say giving up front investment) or making contacts available to the business or giving a talk or seminar to promote the business. Signing off a design would I think be considered as day to day operations of the business which would violate the intent of the law. But like all laws (esp. immigration ones) everything is a question of interpretation. You get a good lawyer to back you and you would be ok with how much you can get away with, within the law.
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axp817
07-22 08:05 AM
NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D
Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.
Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.
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pappu
11-17 12:30 PM
Bump
gsvisu
07-15 06:26 PM
I agree. Everyone wants to sit in front of computer & IV forum and watch what good can come to them of this. Everyone needs to roll-up their sleeves, contact friends, spread awareness etc.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
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WillIBLucky
05-30 02:44 PM
I agree this crappy bill better not pass and is worse than retrogression. It is screwing everyone at the cost of giving amnesty to illegals. It is such a joke I would have never imagined that they would have the balls to do this, but I guess they are all politicians!!!
It would take 10 years for Illegals to get citizenship under this bill and get voting rights.
But it looks like the exisiting latino group has promised vote to democratic candidate in 2009 for President. And so this bill is so much for illegals. We educated even if become citizen will take a educated decision on who should we vote. So they are screwing us. Politics!
It would take 10 years for Illegals to get citizenship under this bill and get voting rights.
But it looks like the exisiting latino group has promised vote to democratic candidate in 2009 for President. And so this bill is so much for illegals. We educated even if become citizen will take a educated decision on who should we vote. So they are screwing us. Politics!
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mhtanim
09-16 08:59 PM
July 9th Filer. Application originally sent to NSC. Got transferred to CSC. CSC I-485 receipt notice shows Receipt Date as July 9th. However, last week CSC transferred I-485 to NSC. The I-485 transfer notice (issued by CSC as well) shows "Receipt Notice: September 12".
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WeShallOvercome
08-03 12:31 PM
What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?
Most common grounds for I-485 denial are:
1) I-140 denial
2) Being out of status
3) Fraud
4) Not responding to an RFE in a timely manner
5) Unknowingly abandoning your application.
Most common grounds for I-485 denial are:
1) I-140 denial
2) Being out of status
3) Fraud
4) Not responding to an RFE in a timely manner
5) Unknowingly abandoning your application.
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little_willy
08-15 11:46 PM
Sent you a PM. Please check. Thanks.
Folks,
Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.
This is my personal view , please ignore if you feel its not right.
Folks,
Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.
This is my personal view , please ignore if you feel its not right.
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krishnam70
02-22 11:45 PM
hi,
My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.
Around 3 months back i joined a company as a permanent employee using my EAD.
I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.
I recently got an update on my H1 application with the following message.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
I am assuming it has to do with cancellation of my H1.
I am not sure if my I140 is cancelled or not.Is there a way i could check this?
I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?
Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.
Since i was without project for a long time, i had to join the new job using EAD.
Please let me know your opinions.
First speak to your employer if they
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.
Around 3 months back i joined a company as a permanent employee using my EAD.
I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.
I recently got an update on my H1 application with the following message.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
I am assuming it has to do with cancellation of my H1.
I am not sure if my I140 is cancelled or not.Is there a way i could check this?
I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?
Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.
Since i was without project for a long time, i had to join the new job using EAD.
Please let me know your opinions.
First speak to your employer if they
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
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sledge_hammer
06-29 03:58 PM
^^^^
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desi3933
06-22 09:50 AM
[QUOTE=desi3933][COLOR="Blue"]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
I have answered this question in my last post (#1 in post). Here we go again --
By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
I have answered this question in my last post (#1 in post). Here we go again --
By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
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insbaby
08-15 12:32 PM
Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.
Everyone has got right to work and practice their profession/make living, but not with the end client written in the contract, within the given period of time. Surely thats not life long, but there must be a period for 6 months, 12 months etc.
Everyone has got right to work and practice their profession/make living, but not with the end client written in the contract, within the given period of time. Surely thats not life long, but there must be a period for 6 months, 12 months etc.
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sledge_hammer
06-29 10:24 AM
^^^^
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visves
12-20 12:03 PM
I believe the AP needs to be approved before the person leaves the country for it to be used while coming back. This needs to be clarified though.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
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satishku_2000
09-05 05:33 PM
True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+
My point was people from countries that require Special registration have higher chances of getting struck in the name check. Dont ask me for the proof .. Its just a wild guess I am making . I may be wrong too
http://www.isss.umn.edu/INSGen/INSspecreg.html#who
Going by the things I think people from certain countries will be scrutinized under microscope.
My point was people from countries that require Special registration have higher chances of getting struck in the name check. Dont ask me for the proof .. Its just a wild guess I am making . I may be wrong too
http://www.isss.umn.edu/INSGen/INSspecreg.html#who
Going by the things I think people from certain countries will be scrutinized under microscope.
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needhelp!
09-22 01:50 PM
I'd like to think it was our media campaign letters that did it :)
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
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xgoogle
06-24 08:10 AM
Posted on both sections.... no response yet... pls help. :confused:
days_go_by
08-04 07:20 AM
from immigration-law.com
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
beppenyc
09-14 02:46 PM
The key will be to see what kind of congress we will have, before that, it is pretty hard to make any prediction. In any case, i remember this may when President George Bush and the senators met at the white house, he (the prez) told that he believe to have a bill by the end of the year, he never mention before election.
Let`s see and hope
Let`s see and hope