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  • hemya
    10-14 10:29 AM
    I self filed for EAD. Was very easy. I plan to do the same for AP. $1000 is a lot for AP filing.





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  • leoindiano
    02-24 12:26 PM
    I have a freind whose DUI came up when he went to stamping in CANADA...They gave him the visa after 10 days, after clearance from FBI, This is most likely the same...If the charges are reduced before you filed I-485, then it should not be a problem. You just show them the proof. Having attorney with you will definitely help.





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  • checklaw
    07-19 11:30 AM
    CIS AFM (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2)

    Thanks very informative.





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  • deardar
    09-14 10:25 AM
    And why not?

    Please allow me to answer your question when I see you in person.!:o



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  • ivgclive
    05-05 03:54 PM
    Thanks to everyone who responded. So in summary, it looks like:
    * I can own a business on H1B.
    * I cannot take any proceeds/profits from the business, but can use it to grow it further.
    * I can work for the business as long as I don't take any money from it.
    - Can a guru please confirm this?
    * The business can buy me equipment and accessories to work.

    As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.

    It is very simple, when you are on H1...

    You can work hard, even hard, kill yourself on anything without being paid.

    Here is the meaning for "Slave" in a well known dictionary..
    Slave
    1 : a person held in servitude as the chattel of another
    2 : one that is completely subservient to a dominating influence
    3 : a device (as the printer of a computer) that is directly responsive to another
    4 : DRUDGE, TOILER
    5 : H1B





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  • yabadaba
    07-23 07:09 AM
    bump



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  • pappu
    09-08 12:22 PM
    IV members,

    IARC (Indian American Republican council) held a conference in DC on Sept 6th & 7th (more details:
    http://immigrationvoice.org/forum/showthread.php?t=1563). Some of our core members attended this event and interacted with key lawmakers. Our core team member, Shilpa was invited to speak on the Immigration Panel.

    This is the press release from Immigration voice. Please forward it to all your contacts for wider publicity of IV's efforts and our common cause. Thank you once again for your continued support for IV's efforts.

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

    Immigration Voice urges lawmakers to focus on high-skilled employment based immigration
    Washington, D.C., September 8th, 2006

    Immigration Voice member, Shilpa Ghodgaonkar participated on a panel on Immigration at the Indian American Republican Council�s fall conference in Washington DC on September 7th.

    The speaker list constituted prominent leaders from the Republican Party - Senate Majority Leader Bill Frist, Senators Brownback, George Allen, as well as U.S. House Representatives, Speaker Hastert, Ros-Lehtinen, Ed Royce, Bobby Jindal and Joe Wilson.

    Speaking at the event, Shilpa called for more focus on legal highly skilled immigration and urgent reform of the antiquated employment-based immigration system, adding that loss of talent to other countries was not in America�s interest. Ms. Ghodgaonkar observed � immigration debate included illegal immigration and H-1B quotas, but the issues faced by the legal educated foreign workers working in the US and seeking permanent residency were largely ignored.
    Noting that 255,000 employment-based applications pending at the DOL (April 2006) and 170,000 to 230,000 applications pending at the USCIS translated into unconscionable delays, she elucidated the impact of bad bureaucracy on the lives of individuals: �During the long wait, highly skilled foreign workers are wary of buying homes, cannot accept promotions or change jobs for fear of losing their position in the green card queue � particularly because their job description is tied to the green card. Highly qualified doctors, scientists, engineers... etc. cannot utilize their skills to the fullest potential. Individuals cannot innovate and start companies that would create new jobs� lives are on hold. More importantly, employers share the same frustration, as they cannot access the talent pool available here in the US.�
    Illustrating how Canada, UK, Australia, etc. are competing to welcome creative talent, and citing reasons for shortage of skills in the US, Ms. Ghodgaonkar added that America direly needs to attract talent to sustain technological leadership. �Of the total legal immigration in 2004 and 2005, only 7.5% and 10.2% respectively went to highly skilled principal applicants. 2004-2005 figures from Australia indicate that their migration program comprised of 60% skilled immigrants�.

    "The last time the quota for skilled immigrants was debated in congress was in 1990. That was 16 years ago," said Ms. Ghodgaonkar. Stating that high-skilled immigration created a net benefit to the country, she urged lawmakers to address immigration in a piece-by-piece manner, and pass sensible legislation that would retain talent in the country. �This is basically a symbiotic relationship, which if nurtured well will bring rich rewards to the US as well as the immigrants who are contributing here.�

    Commending Senator Cornyn and Representative Shadegg for introducing the SKIL Bill in the Senate and the House, Ms. Ghodgaonkar concluded �The US can continue to remain the shining city on the hill, if it attracts high-skilled workers who will be great assets to this country�.

    About Immigration Voice:

    Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.





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  • nhfirefighter13
    November 21st, 2005, 03:46 PM
    #2 is my favorite.



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  • abhishek101
    03-25 01:54 PM
    Finally, someone who thinks long-term. That is why I had mentioned that we need to go beyond our immediate benefits and think longterm.

    Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
    I agree fully. If we get only one thing to say it should be getting the soft limit back. It is something that already exists in current immigration system and can be defended easily. Once we have got that as an amendment we should start pushing for other things.

    I always believe in One step at a time and in picking your fights. We all would love to get everything right now but a wise thing would be choose the most important fight.

    SO my Vote : Reinstate Soft Quota.





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  • indyanguy
    10-31 04:21 PM
    I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions

    1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
    2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?

    Thanks in advance



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  • andhrawala
    02-12 09:56 AM
    Mine also moved from NSC to TSC in July 2009. I applied I-485 from CA and moved to OH in 2008. But still OH and CA falls under NSC.

    The reason for the transfer might be my I-140 was filed in TSC.





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  • guyfromsg
    07-26 10:14 PM
    This is new to me. Can you please indicate the site address of this memo?
    Thanks

    It's lawyer Matthew Oh (www.immigration-law.com)'s interpretation of the revised visa bulletin.



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  • Ann Ruben
    01-12 08:58 PM
    Remaining in H-1 status provides what I think is a very important safety net. Even if you are 100% sure that there are no potential problems with your I-485, the possibility of an erroneous USCIS denial always exists. If there are any glitches, you will be in a much better position to wait for them to be resolved if you are able to remain legally employed in the US. Additionally, you are entitled to a three year H-1 extension which means you won't have the hassle of worrying about gaps in employment or travel authorization because of USCIS processing delays. Finally, remaining in H-1 status gives your current or future spouse the option of H-4 status.





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  • clockwork
    07-18 05:03 PM
    Enjoy! :) Only 5 files max allowed. Please follow up the next post.



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  • anilsal
    12-13 12:52 PM
    Typical travel agent replies are: "if you have valid visa stamped, then no need for transit visa".





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  • ivuser
    02-20 12:08 PM
    1.
    QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
    ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.

    2.
    QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
    ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
    Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.

    3.
    QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
    ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
    Please visit the thread ::
    Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.


    REQUEST ::
    Please support IV.

    DISCLAIMER::
    The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.



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  • martinvisalaw
    07-06 09:51 AM
    See answers below, IN CAPS.

    I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
    Here is my current status :
    6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :

    1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?

    NO, THERE SHOULDN'T BE A PROBLEM. HOWEVER, IT WOULD BE BETTER IF YOU HAD AN APPROVED EXTENSION OR AT LEAST AN EXTENSION RECEIPT NOTICE TO SHOW THE CONSULATE.

    2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?

    IT MAY BE EBST TO APPLY JUST BEFORE YOU LEAVE. HOWEVER, YOU CAN PROBABLY TRUST YOUR ATTORNEY'S SUGGESTION.

    3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?

    NO, YOU ARE OK TO STAY ONCE AN EXTENSION WAS FILED BEFORE THE CURRENT STATUS EXPIRES.

    Thanks.





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  • sgX05
    02-11 03:49 PM
    Hi everyone,

    Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.

    My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.





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  • HawaldarNaik
    11-20 01:13 AM
    I filed for my EAD in August, got an approval for EAD (2 yrs) and AP for one yr but no FP notice. What should I do
    I checked with my lawyer and she says previous FP is valid for 15 to 18 months

    Kindly Advise what should i do...





    go_guy123
    07-30 02:10 PM
    This memo is under litigation....lets see the outcome and where the memo stands.





    ArkBird
    02-17 05:52 PM
    I filed back in June, 07. I got second FP notice for my wife. Nothing for me so far and I am primary applicant.