Saturday, June 11, 2011

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  • wandmaker
    10-23 08:50 AM
    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?


    Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?


    COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.


    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?


    Make sure COS application reaches them before Jan 15th.


    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?


    Dont work beyond the date requested in your H1B extension.


    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    Minimum of 1K attorney fees....





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  • qualified_trash
    12-12 03:43 PM
    You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.
    very true!!





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  • neeidd
    10-09 06:04 PM
    What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know


    Thanks





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  • kumar1
    07-13 03:02 PM
    Can I open up a company while on H-1B? Can that company sponsor it's CEO's (that's me) GC in EB-1 category? After all, CEO should be EB-1. Can I then get some peons/servants from cheap countries on B1/B2 and pay them just per diem? Can I hire them first at my father's place in India and let them work at my father's place for 1 year and get them here on L1? Should I get them on L1-A or L1-B? My mom spends a lot of time in temples back home...can I bring her on Religious Worker VISA?

    BITZBYTZ...........can you think stright for a moment?



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  • beautifulMind
    05-03 07:06 AM
    I have still not received the approved I-140. I am hoping it would have the old date since I request priority date transfer.





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  • saint_2010
    07-11 05:09 PM
    Thanks Aah_GC



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  • GCeffect
    10-10 03:10 PM
    My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?

    When should i have to renew my AP?

    How long does it going to take?

    Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?

    When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?

    Your answer is always appreciated

    Thanks Ahead



    EB3...ROW
    PD May 2006





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  • saxx
    01-19 08:33 PM
    I get a security warning.



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  • rameshk
    03-16 12:43 PM
    Here is an article from yahoo.co.in

    US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)

    ===========================

    Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.

    Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.

    The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.

    Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.

    The new legislation provides visas to the following groups under certain conditions:

    First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.

    Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.

    Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.

    Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.

    Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.

    'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.

    'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.

    'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.

    'Helping them stay to invest in their ideas and create jobs benefits all Americans.'





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  • PD_Dec2002
    08-27 05:00 PM
    thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?

    No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).

    Thanks,
    Jayant



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  • brugen
    08-19 03:47 PM
    Send in whatever you do have available with a letter explaining why there is nothing more that you have available. While I know many do not like hiring attorneys because they are expensive, an attorney would be able to help you with the cover letter to ensure the best possible outcome from the USCIS. Good luck to you!





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  • JunRN
    12-17 04:02 PM
    Let me answer:

    During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.

    If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.

    If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.

    What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.

    If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.

    If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.

    Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.



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  • visshy
    09-12 09:06 AM
    My wife's ead expires 10/02/2010. We applied for renewal/extension in july and requested expedition which was rejected recently. My question is :

    Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?

    Please advice.

    Thanks





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  • kanshul
    02-01 10:40 AM
    Client forcing you is very typical.

    Here is an option to consider: can your employer (who I am assuming is a small desi firm) file your GC though another sister firm (not unusual) in EB2. Assuming that you get it, and retain your PD, you should be able to get your GC within a year if there is no audit in labor / 140. Remember in EB2 the date for Indian is Jan 05 and your PD is before that.

    Assuming that you can't keep PD if employer withdraws 140; I would recommed going that route even if you have to find another client.

    Also, check with an attorney to find out about PD as you may be able to keep it even if 140 is withdrawn. In that case you can join any company (even your client ) and start GC through EB2.



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  • telegraph A bear cub named Medo plays with the Logar family dog in Podvrh



  • meridiani.planum
    12-11 12:26 PM
    Hi Everyone,

    Here is the scenario:

    Category: EB3-INDIA
    PD: APRIL 2004:
    140: Approved.
    485 filed on July 2nd, 2007 (of course, still pending)
    Changed Employer after invoking AC21 (without sending any documentation to USCIS)

    There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.

    Now, here are my question:

    1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?

    2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?

    3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?

    4) Does the scenario look too risky?

    5) Any one in the same boat?

    Thanks in advance.

    dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.

    New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.





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  • ganesha
    08-04 03:26 PM
    Someone gave me red for this post...i dont understant why???

    That somebody wants to shatter our hopes and have us live in despair:mad:



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  • GC_1000Watt
    10-12 04:38 PM
    You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.

    6 months? Boss only 2 recent paystubs are required.
    @itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
    Think before you suggest something.





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  • thomachan72
    07-14 06:29 AM
    Was there any reason why company A would not take on your GC case?





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  • imv116
    03-01 10:42 PM
    Yeah yes medical one and yes she can come on B1...and all has to go well with the visa...

    -the 116





    The7zen
    03-24 05:54 PM
    H1 transfer will bring you back on status...

    do you mean to say goto any employer whoever gets job?
    i doubt you have any other better options.....





    redcard
    05-20 10:39 AM
    and your question is?

    how can she get a Green Card..



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