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  • delhiguy79
    10-23 01:07 PM
    Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:





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  • eb3_nepa
    10-02 01:04 PM
    But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.



    In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).

    In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.





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  • eb2_485_mess
    08-29 06:36 PM
    what is the date shown on the online status message?
    Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?

    Does the processing time on website go via RD or ND?





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  • aug2007
    02-24 12:02 AM
    I'm in sixth year of H1. Also have EAD for more than 2 years but not used. Also, have valid AP (approved in Dec 2009). My I140 is approved more than a year back and I485 is pending since August 2007.

    I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.

    I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?

    I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?

    Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.



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  • cram
    08-23 08:34 PM
    On July 20, I got an RFE for my employer's 2006 ITR. They are taking forever to subnit the document. How much time are we given to submit the evidence. How many days?





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  • EndlessWait
    12-14 09:49 AM
    So while you delayed to renew the EAD... you possibly were in US working on H1B. My situation is a little different, I am planning to leave the country for a year... so
    1) Wanted to check if I can stay out of US for that long while AoS in pending...is there any such restriction that you can be away for only 2 months.

    2) That potentially means I won't be getting paid in US... so no payroll for that much time, Is there any restriction on how many payslips I can miss.

    Any help in this regard....

    i checked with my attorney..AOS is for ppl who are inside US and waiting. You should see if you can transfer case to consuellor processing



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  • Milind123
    07-27 04:20 PM
    Your lawyer is correct. Until you get a negative response for your MTR you can work.





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  • gcisadawg
    04-07 02:18 PM
    Folks,

    My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!

    We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.

    The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.

    Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?

    Rgds,
    gcisadawg



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  • kaisersose
    07-26 03:16 PM
    My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
    Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

    My 140 is still pending

    As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

    All the same, I would still get a H-4 as this will be advantageous as,

    1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

    2. AP takes a long time to come and she has to make an urgent trip back home?

    3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

    The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.





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  • girishvar
    08-15 12:20 PM
    There should be a good faith job offer from your GC employer as of today. You can decide not to join the job after your I-485 filing and 180 days there after.


    Hi,

    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.

    Regards,
    Sanjeev.



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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.





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  • gc28262
    03-26 09:28 PM
    I never heard this? Any references to confirm this?

    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

    The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

    http://smithgarg.com/article-overcoming-violations.aspx

    Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.



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  • indio0617
    12-07 09:56 AM
    Hi,

    I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

    I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

    If I change the employer, will I be subject to H-1 B visa quota restriction?

    I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

    However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

    I would appreciate your advice very much.

    Thank you always.


    You will be counted against the cap when you move from a cap exempt (non -profit) to for profit. I was in a similar situation when i switched jobs few months ago. There were no H-1Bs left for the fiscal year. I thus switched from a non-profit to another non - profit.





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  • tulips
    05-25 08:51 AM
    Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?



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  • amsgc
    03-31 03:08 PM
    This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
    Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.


    Immigration and Tax Filing are not at all related.





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  • lskreddy
    06-10 11:37 PM
    The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.

    EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.

    Where they need to re-instate Premium 140 to give actual relief - they wont do anything.

    I agree, it is extremely narrow. Not too many employers wait until the 60 days window and if you had H1 approved, you would not qualify. I do believe this may be just to test waters and they will broaden it further..



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  • lkapildev
    01-10 04:19 PM
    LC Sub pd 2001 EB2





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  • indianabacklog
    10-27 05:04 PM
    I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.

    Sorry you had trouble finding the location. The intersection of roads was the nearest I could suggest.

    Two of is. infact three including Ulises wife Dana were there. The Starbucks we were at was next to Panera Bread on the corner near a large Kohls store and Walmart.

    Once again I am sorry not to have had the chance to meet you today.

    Please feel free to send me a PM, give me a telephone number and I will call you.





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  • jnraajan
    03-20 10:04 AM
    Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..

    So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)

    Why we are expecting that something next year? One Word. Politics. The current congress will not do anything now, because, they dont want to alienate 1 particular group during an election year. Now, I am not saying that they will do anything in '09. But, with more lobbying, we might see some success.





    dhiru
    08-19 12:45 PM
    Good new... I went to the INFOPASS Washington Filed Office yesterday (walk-in) and told them that my EAD was expiring the same day and will loose my job if I dont get the EAD in next 5 days. The officer was very helpful and emailed the adjudicator to expedite the process. I received an update this morning saying that my EAD has been approved and the card is in production. Hopefully, I will get the EAD by next week and keep my job. Surprisingly the officer called me this morning to inform the same.





    tikka
    05-29 09:52 PM
    Oh I did not know that one person can send webfax for each state.

    When I click that link it said "You have already sent it"

    I'll check again now

    please do

    thank you



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