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  • ags123
    02-10 06:28 PM
    The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
    These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)





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  • mbawa2574
    08-08 08:12 AM
    See the question on i485:-
    been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
    traffic violations?





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  • yabadaba
    04-09 08:20 PM
    Is it legal for a licensed real estate agent to share commission with a non licensed person - like a buyer?
    yes. it depends how u do it...in our case we were buying a house in a new subdivision. we had identfied the subdivision, the parcel (lot), the upgrades, everything.

    if we didnt have a realtor, the builders agent would be both the seller and buyer agents, thereby earning potentially 7% (3.5%+3.5%) for doing nothing.

    so we found a realtor and he was more than happy to take 1% and give us 2.5% in terms of upgrades.

    If u r buying a second hand house (so to speak) u dont need to worry about that because the seller pays both the buyer and the seller's commission. all u have to pay is closing costs.





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  • njdude26
    04-08 08:05 AM
    im sure you can come back if you drive into Canada because your I94 will still be with you.



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  • newhandle
    03-05 04:55 PM
    You didn't mention how you got paid. Cash? Check? Did you get a 1099? Did you file taxes? Does the IRS have a record of your earnings?

    I received online payments via Paypal for buying/selling side of my business.
    I have also received 1099's for the webdesign services I provided.

    All in all, my combined income has been <$5K each year.

    I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income.





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  • nfinity
    03-14 10:41 AM
    I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.



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  • hpandey
    08-19 01:29 PM
    I don't know what's the point of posting such news here. There are fraud people everywhere and hundreds of fraud cases everyday . Should we start posting everything or is it your wish to malign Indians and give Indians a bad name. You seem to be no different from Grassley and company who seem to pick up 10 fraud H1b cases out of 100,000 and say that H1b is a big fraud.





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  • ssterian01
    07-07 04:38 PM
    Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
    This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
    So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US



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  • desi485
    10-11 01:26 PM
    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:





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  • kirupa
    10-05 09:00 PM
    I stickied it - I'm not sure how the rules work in Battle though, so maybe it isn't meant to be stickied. If it gets unstickied, I'm sure I broke some rule :)



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  • centrum
    06-05 03:09 AM
    I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.

    I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.

    After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.

    Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)

    Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.





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  • dvb123
    02-10 06:17 PM
    Once these categories are eliminated how can a spill over take place?



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  • HumHongeKamiyab
    03-16 12:18 PM
    Agreed.. But again something has to trigger the movement. Eg. I can understand that happening, if you file AC21 and you receive RFE. Or Your GC filing employer revoking your I 140 and you receive I-485 Denial letter etc.

    Or it can simply happen any time?





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  • nixstor
    08-23 12:16 PM
    I see a lot of people flocking into "Orkut". How about incorporating a dose of IV through orkut if some of us are already there? What is more important is, making people aware of the consequences they might have to face, even if they havent filed for their GC yet.



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  • h1b_professional
    08-17 09:17 AM
    Its Aug 17! even though most of us do not have receipt yet, we can forget about refiling





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  • fatjoe
    10-24 02:22 PM
    I told yaaa. I am also hoping... I filed for EAD and AP on Aug 10. Guess, you should get it in a week. Congrats!!!



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  • ItIsNotFunny
    12-19 10:03 AM
    Hi All,

    Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

    Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

    THANKS IN ADVANCE!

    - Amit


    My visa:
    - I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

    - With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

    My Wife's visa:
    - she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
    Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?



    please visit: https://www.vfs-usa.co.in/

    its am official site for this and has complete list.

    More, if you have advance paroles, please keep them with you just in case of emergency.





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  • gveerab
    12-29 08:38 PM
    3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney

    You should try this option, in one of the immigration lawyer's forum they mentioned about this. If you have this you can get 3 yrs extension, that saves lot of moeny and time. It's worth exploring this option. Please share with us, if you are able to succed with this option.

    u can use G-639 i.e. FOIA (DOJ) to get a copy of the approved I-140, Labor.etc. I do not know of anyone thats used a I-824.....cos sometimes USCIS also mails a copy of I-140 to the lawyer as well!





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  • snathan
    02-05 12:09 PM
    Hello,

    I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

    Or is there any other combination, that would help approve labor in EB2?

    I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

    Thanks in advance for all your insights.

    You need to check with your HR and Attorney for the legal requirements. Make sure you are not breaking any law.





    pappu
    04-10 12:26 PM
    Hello gurus
    I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
    I am EB3 India, PD Aug 2002.

    I already recieved my EAD,AP

    Let me know your thoughts or if some one else also recieve the same update.

    Thanks in advance..

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.





    pappu
    09-01 09:52 AM
    You need to connect with company A and get your documents to prove 2 year experience.
    There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.

    It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.

    If you show 2 year experience you will be covered as per your RFE.
    For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.

    now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).

    You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.