mrdelhiite
01-10 01:47 PM
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
Can you explain ur case in detail. the part "I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues." is interesting ... did u renew H1 by getting another stamp ... did u change companies on H1 after the AP travel ?
-M
Thanks
Can you explain ur case in detail. the part "I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues." is interesting ... did u renew H1 by getting another stamp ... did u change companies on H1 after the AP travel ?
-M
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gc_kaavaali
12-24 10:25 PM
this thread should be on top
sagar_nyc
02-11 11:45 PM
I am with the same employer. Thanks for your answer
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
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speedo
08-05 11:49 AM
I filed 485 with G28 form and I just got the receipt yesterday.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
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Ann Ruben
07-17 09:32 PM
misdemeanors can be CIMT's if they involve theft or dishonesty. a single misdemeanor might qualify under the petty offense exception, but because your son now faces a second conviction, the petty offense exception won't apply. One question: are you a naturalized US citizen? If so, your son might actually be a US citizen as well.
reddy_h
01-07 10:38 PM
You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.
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Kodi
05-02 09:47 AM
I entered with 2 months to spare and they didn't even question. And I was on my 6th year.
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BimmerFAn
06-23 12:58 PM
Yeah I saw on the Visa Bulletin that EB3 is really backed up. Kind of upsetting because I am sure that not too many people from my country are working in my field.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
more...
skd
08-15 01:20 PM
Probably because Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC and people are getting ahead of some one who are there in line for 6-8 years.\
I am NOT the one who gave you red. I never give anyone red even if i don't like the post..
I will just give you my "green"
I am NOT the one who gave you red. I never give anyone red even if i don't like the post..
I will just give you my "green"
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latejunefiler
07-12 09:28 AM
Singhsa,
Thats a great poem!!
I have made some aesthetic changes to your document and uploaded here.
http://www.geocities.com/latejunefiler/Ghandhigiri.pdf
Thats a great poem!!
I have made some aesthetic changes to your document and uploaded here.
http://www.geocities.com/latejunefiler/Ghandhigiri.pdf
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rameshvaid
05-27 10:22 AM
I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.
Thanks Bfaldia for sharing the info..
RV
Thanks Bfaldia for sharing the info..
RV
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san3297
06-29 05:34 PM
Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
more...
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Better_Days
10-14 07:30 PM
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
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chnaveen
07-07 05:11 PM
friends,
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
more...
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Sheila Danzig
11-28 12:33 PM
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
If the Eng degree is a 4 year program where you were granted advanced standing for the 3 year diploma you should be approved if it is properly handled by the attorney and the evaluation agency.
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
If the Eng degree is a 4 year program where you were granted advanced standing for the 3 year diploma you should be approved if it is properly handled by the attorney and the evaluation agency.
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optimist
09-30 09:53 AM
Thank you folks, for sharing your thoughts!
thomachan72: Ideally, what you are saying is the best thing to do. But somehow we ended up bringing our goodies here and now we are worried about being harassed by customs when we land in India with all the jewellery :(
By the way, I checked the Indian Customs website (BAGGAGE RULES (http://www.cbec.gov.in/customs/cs-act/formatted-htmls/cs-rulef.htm)) and the limits on jewellery that can be brought in duty-free is:
<quote>
(i) upto an aggregate value of Rs. 10,000 by a gentleman passenger
(ii) Upto aggregate value of Rs. 20,000 by a lady passenger.
</quote>
How generous, isn't it?? :eek:
Any one else, with good/bad experiences to share about this ?
.
.
thomachan72: Ideally, what you are saying is the best thing to do. But somehow we ended up bringing our goodies here and now we are worried about being harassed by customs when we land in India with all the jewellery :(
By the way, I checked the Indian Customs website (BAGGAGE RULES (http://www.cbec.gov.in/customs/cs-act/formatted-htmls/cs-rulef.htm)) and the limits on jewellery that can be brought in duty-free is:
<quote>
(i) upto an aggregate value of Rs. 10,000 by a gentleman passenger
(ii) Upto aggregate value of Rs. 20,000 by a lady passenger.
</quote>
How generous, isn't it?? :eek:
Any one else, with good/bad experiences to share about this ?
.
.
more...
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ronhira
10-26 02:34 PM
Irrespective of political parties or the issues, I am proud of this Indian guy standing up against "fair and balanced fox news"
he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........
Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)
& y do u think this guy or someone like him will stand up for us when v r not willing to stand up for our issues?
he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........
Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)
& y do u think this guy or someone like him will stand up for us when v r not willing to stand up for our issues?
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whiteStallion
10-13 02:26 PM
I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
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validIV
03-18 11:13 AM
C-Corp is the best way to go. You can register your corporation name and EIN number online with both the Business bureau in your state and the IRS. It takes an hour at most. For me in NYC, I used OPAL: http://www.nys-permits.org/
From my experience, it is better to take commission (to pay yourself) than salary. Basically making your salary project-based like a consultant. That way you can always offset any big expenses with your commission (salary) whenever you incur them. But your method of accounting is up to you.
Get quickbooks or accountedge to maintain a ledger. Excel is pathetic at this.
For C-Corp you file an 1120 annually and a franchise tax (varies by state). NYC has a franchise tax (its called NY Corp Tax) which requires you to pay even if you have no profits for the year. If you are selling tangible objects like software online or merchandise, please note you need a Sales Certificate with your state to collect sales tax. This must be filed quarterly. Sales tax is now being enforced nationwide (Please lookup Amazon / Overstock.com's recent loss to a federal ruling regarding not charging salestax).
Apart from that, keep receipts, make a business account with your bank of preference and try as much as possible to offset all gains with expenses.
From my experience, it is better to take commission (to pay yourself) than salary. Basically making your salary project-based like a consultant. That way you can always offset any big expenses with your commission (salary) whenever you incur them. But your method of accounting is up to you.
Get quickbooks or accountedge to maintain a ledger. Excel is pathetic at this.
For C-Corp you file an 1120 annually and a franchise tax (varies by state). NYC has a franchise tax (its called NY Corp Tax) which requires you to pay even if you have no profits for the year. If you are selling tangible objects like software online or merchandise, please note you need a Sales Certificate with your state to collect sales tax. This must be filed quarterly. Sales tax is now being enforced nationwide (Please lookup Amazon / Overstock.com's recent loss to a federal ruling regarding not charging salestax).
Apart from that, keep receipts, make a business account with your bank of preference and try as much as possible to offset all gains with expenses.
Administrator2
09-15 05:21 PM
Last time CIR had sweet deal for Illegals ..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
What happened in 2007 is now history. That is not likely to repeat in the upcoming CIR. At this time CIR is the only way to get things moving. Unless CIR is defeated or unless administration says that they do not want a CIR bill, piece meal approach is not likely to happen. Given the situation, asking for a separate bills is setting ourselves for failure, and it alienates us and our issues from the pro-immigration community. At this time, if you call/meet with lawmakers asking for EB only bill, the pro-immigration lawmakers get turned off and anti-immigrant lawmakers use the count of your call to oppose the immigration reform. At this time its a bad idea by calling lawmakers asking for "EB only bill". It will only turn out to hurt our issues and the cause. Additionally, it doesn't help to call specific lawmakers who already understand, agree, support and champion our issues.
IV do not have a any position on on the issue of illegals/undocumented. And whatever is your personal belief, please understand the reality of the situation and refrain from attacking illegals on IV forums as it doesn't help our cause in anyways.
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
What happened in 2007 is now history. That is not likely to repeat in the upcoming CIR. At this time CIR is the only way to get things moving. Unless CIR is defeated or unless administration says that they do not want a CIR bill, piece meal approach is not likely to happen. Given the situation, asking for a separate bills is setting ourselves for failure, and it alienates us and our issues from the pro-immigration community. At this time, if you call/meet with lawmakers asking for EB only bill, the pro-immigration lawmakers get turned off and anti-immigrant lawmakers use the count of your call to oppose the immigration reform. At this time its a bad idea by calling lawmakers asking for "EB only bill". It will only turn out to hurt our issues and the cause. Additionally, it doesn't help to call specific lawmakers who already understand, agree, support and champion our issues.
IV do not have a any position on on the issue of illegals/undocumented. And whatever is your personal belief, please understand the reality of the situation and refrain from attacking illegals on IV forums as it doesn't help our cause in anyways.
andy garcia
03-17 08:18 AM
My I-485 Receipt Notice does not have any PD on it either.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
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