Wednesday, June 8, 2011

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  • prashantkh
    08-22 01:30 PM
    Also, if you are planning to start on your own you can only have a 'C' corporation but there will be two levels of taxation, meaning first the corporation's income will be taxed and then individual's income.
    Whereas, if you partner with a US Citizen or a permanent resident you can start a 'S' corporation which only has single level of taxes.

    But in my opinion if carefully thought and executed it still is worth it, as you would get some postive cashflow (hopefully), if you sit idle nothing. :)

    PK




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  • meridiani.planum
    07-10 09:22 PM
    inline...

    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?

    -- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.


    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?

    yes, he will get a one year extension since his LC is atleast one yaer old.

    3. What if the old employer revokes his I140 now? His GC process is invalid?

    yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.

    4. If we leave about GC, Can he do H1 transfer atleast?

    yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
    He will also need a copy of his labor certificate to be able to file a transfer+extension.
    At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved




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  • paskal
    10-22 08:58 PM
    a few hours of your time would be invaluable!
    make it a family thing- take the time to enjoy yourself too.
    but please do help out. needhelp! has put a lot of effort into
    this initiative and good will certainly come from it. now your
    help is needed. come on folks- a couple of hours? surely that
    is not too much to ask for........




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  • h1techSlave
    11-30 10:25 AM
    Pretty much every body recommends not sending unwanted documents like all copies of Passport.



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  • shukla77
    01-19 09:01 AM
    Filing Date: October 25 '06
    Status Pending
    --------------------------
    Efficiency of NSC is real shame. I heard sometime back that NSC has huge backlog compared to TSC. That is why TSC cases are getting approved in 1-2months and at NSC average time is 5-6 months. I guess they are forcing people to convert to PP.

    Good Luck to all.




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  • needhelp!
    10-19 10:39 PM
    bump



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  • abracadabra
    07-15 03:41 PM
    I have the same question. If somebody knows please let us know

    I wonder if MSNBC, CNN, FOX ever covered any of legal immigrants stand against the present immigration mess. I don't see any news about the flower campaign, about visa bulletin fiasco, or even the rallies that we have been doing? The fight has been very strong and unity is finally in place.

    Am I missing something here? Most of us sent so many mails to these bigwigs and nobody showed our news and plight on their news?




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  • gc_kaavaali
    03-12 03:40 PM
    First off all on what basis you can say there are no jobs for H1B's.

    If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.

    Thanks.



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  • mambarg
    07-26 12:57 PM
    This person mailed on June 28 and app received on June 29 and got his notice date on July 24. Today.
    I could have been with him today but for my attorney who got extremely busy and did not file my 485 with 140 and got stuck with July fiasco




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  • bala50
    02-18 10:32 AM
    And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.

    But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
    Fear of recession may also reduce new H1B visa demand.



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  • GKBest
    07-14 01:45 PM
    I too am surprised to see Philippines being on top of the GC Allocation when in fact only a few are applying for skilled categories in comparison to India and China. What you said about the Schedule A (nurses) now made sense.




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  • sina
    01-15 09:52 AM
    You can travel with old visa and new approval i797. I have traveled with these documents and no problem at POE. No need to get new stamping.
    You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
    I was in such a situation and I used premium processing and went with the new I-797.
    Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.



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  • snathan
    04-30 04:30 PM
    http://www.murthy.com/news/n_cisdis.html




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  • ghost
    06-20 03:20 PM
    AC 21 will come into effect 6 months after you apply for your Adjustment of Status (485). You can apply for your 485 only when the visa numbers are available for your PD (EB2 currently for India is Jan 2003)

    GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?

    The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.



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  • snathan
    05-15 10:49 AM
    Hi Pappu,

    How about 10000+ people sing a single letter and send it to every congressman/woman or senator. When you ask people to send letter to all congressman/woman they won�t. But i believe they wont hesitate to just sign one letter. Let me know if it�s useful




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  • sunofeast_gc
    05-21 06:59 PM
    do we need to print I-134 back to back just like DS-156 or it's okay to have I-134 in two pages.



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  • overhere
    07-18 08:08 AM
    Schedule A visa is not available. Schedule A simply means that we are exempted from LC. All we need is to file I-140 concurrent with I-485/EAD/AP.
    Our visa is also EB3.

    Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?

    i know what schedule a is. i just thought it's no longer available since it's not published on the visa bulletin.

    as for your question, i think you're referring to july or august visa bulletin. all those who are qualified to file 485 (concurrently with 140 or not) are covered under the original july visa bulletin as long as the application is received on or before august 17th.

    from: http://blogs.ilw.com/gregsiskind/

    "For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion."




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  • pappu
    12-20 01:43 PM
    Instead i will donate the travel expenses to IV...........

    Good Luck Every one
    Thanks.
    Pls contribute for the campaign we are running
    http://immigrationvoice.org/forum/showthread.php?t=2630&page=16




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  • EB2_Jun03_dude
    11-29 09:31 PM
    thanks for the info .. i think i will schedule a medical appt for dec 10th.

    Also my birth certificate(English version too) was send along with I-485 app. So I hope that does now show up.

    My only concern is the time they will allow me to respond to the RFE. I hope it is the standard 6 weeks as stated in this faq http://immigrationroad.com/green-card/i-485_adjustment-status.php




    newuser
    10-05 03:04 PM
    Grt. It proves a point that IV is not with holding any info like other anti website's do.




    learning01
    03-23 02:06 PM
    As the discussion of immigration bills is heating up, we have a need for a format of email (preferably culled from immigration voice home page). We need to continue the media contact blitz because many of these media folks don't know the issues pertaining the legal immigrants; in particular GC and I-485 issues.

    I have already emailed this idea to 'contact us' email of immigration voice.
    I have attached a sample media format, that we can work today and finalize.
    It starts:
    ..............
    In my opinion, the immigration discussion that is currently going on and scheduled to come up for discussion at the Senate on Mar 27th, 2006, should alleviate the problems faced by legal immigrants who are in the country for a number of years., persons like me. They are facing many problems in their pursit of permanent residency. This discussion should specifically address the process of naturalization and obtaining a Green Card. This and its related issues are listed below:
    (read the attachment for full write up)
    ...........................

    Any ideas.



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