Sunday, June 26, 2011

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  • GCBy3000
    04-15 06:38 PM
    Admins,

    Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.


    I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.




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  • fromnaija
    07-20 04:57 PM
    It all depends on your friend's priority date as well as her scheduled delivery date. The only problem is if her PD becomes current before the child is born or her case is approved before the birth.
    To prevent all these hassles she may be advised to give birth to her child in the US unless she does not have that choice.

    Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?




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  • Creator of Ashes and Snow


  • naushit
    02-12 03:22 PM
    Chris,

    This is what I did, I just called and told them I need to do FP, can you please schedule it for me?, and surprisingly without any resistance they just scheduled my finger prints for First week of March! (yesterday I received FP notice,scheduled for fist week of March 2009).

    I do not think without valid FP your case will pass their , "ready to approve" filter criteria.
    so get your FP done.

    Good luck,

    Regards,
    -N


    You are right. My finger prints are expired and called several times and took info pass.

    Same answer, " if IO thinks need FP, they will send. Wait for their decission". :mad:




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  • GCBy3000
    04-15 06:35 PM
    I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.

    1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.

    2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.



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  • guyfromsg
    07-18 08:34 PM
    Hi,
    I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??

    Anyone any thoughts???

    Here is my opinion. I read in some posts that they will redirect the document internally to the correct processing center. The direct filing rule comes into effect on July 30th and they may be strict about filing center after that. As I said this is my opinion. Let me see if I can find the official answer in USCIS site.




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  • «Ashes and Snow»/«Пепел и снег


  • dreamworld
    11-06 03:53 PM
    Hi there,
    I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
    My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
    Please advise.
    I thank all IV members for their support and help.

    If you have the i485 receipt notice, you file EAD by yourself. but to file i485 you need you PD to be current.



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  • GCD
    07-27 09:21 PM
    Me, Wife and I signed for Daughter on all applications(485(3)/EAD(2)/AP(3))
    We also sent signed G28 for everybody for every application( 8 total)
    It doesn't hurt to be over cautious.

    I hope we are fine.




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  • pasupuleti
    07-05 12:37 PM
    Could someone with privileges update IV in the news Page?

    Thanks



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  • The monk-boy with the wings of


  • jonty_11
    11-15 01:41 PM
    Yes, I94 is a part of ur new H1 (at teh bottom)...so u can go to Canada Mex using that and enter back into US within 30 days....




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  • gcseeker2002
    08-14 02:24 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.



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  • mmanurker
    04-13 01:54 PM
    In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
    I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....

    But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.

    Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.

    I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...

    here is the old link from murthy.com:

    MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)

    here is another one:

    MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)

    LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.

    About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
    and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.

    Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
    Bottom line seek legal advice from attorneys.




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  • chi_shark
    09-09 03:45 PM
    This issue must have been beaten to death already... I do not think that you have to be a permanent resident or Citizen in USCIS terms for doing S-Corp. The requirement is stated in a negative fashion in the code. I mean that the code lists what cannot be instead of what should be. And I think it means that a s-corp shareholder cannot be a non-resident alien. Thats it. I am on EAD and I have an S-Corp (i dont do IT with that company). I have a full time IT job and run the company part time...

    I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.

    The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..

    finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)


    Please don't give incorrect answers.

    All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

    The main difference in these corp types are
    1. How much record keeping is done
    2. The way taxes are computed and filed with IRS
    3. The kind of expenses allowed to deduct
    4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

    For S-Corp, the shareholders must be Permanent Resident or US Citizen.

    I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


    ____________________________________
    Proud Indian American and Legal Immigrant



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  • r2i2009
    09-20 09:30 PM
    Confused ...i think GC stands for Great Confusion
    Came in 2001....PD 2003......EB3

    Will I ever get my GC? What is it anyway?




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  • manderson
    03-01 02:01 PM
    Well my RD is not current I plan to call NSC periodically to find out if my case has been assigned to an IO yet. If the next step is pre-adjudication, then great, but I have doubts about that.

    does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??



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  • brij523
    12-28 07:43 AM
    Hi Paskal,

    I have the ppt file ready. Can you PM me your e-mail address so that I can send you the file.

    Thanks




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  • vallabhu
    01-31 04:57 PM
    Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.



    If you have more than three years of experience before applying for Labor you are fine else you might get a query and if you answer with education evaluation proving that your study and exp is equivalent to 4 year bachelor you will b fine.



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  • brick2006
    04-21 11:44 AM
    I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

    My spouse is on H1..can i switch over H4..

    > My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

    so here is my dilemma::confused:

    a.) If i switch to H4 and after few months i get a project..can i go back to H1..->

    b.) Can i file for H4 on my own..is it complicated?

    c.) if i change to H4..and my PD becomes current (PD Dec 2005)
    .) Can i file for AOS..as my 140 is approved..
    .) Suppose i go back to desh ..can i file for consular processing..if my PD become current


    thank you!




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  • rmutyala
    07-14 07:39 PM
    Houston




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  • for_ac21iv
    06-01 03:21 PM
    Hellow Anindya,

    Thank you for pointing the petition.

    I saw the petition, and I see that there are some 251 signatories.
    Whats next with it ? Can we use that to "lobby" ?

    Let us all know about it. So we can make it effective.
    Keep posting thank you.

    regards,


    You guys might want to check out my online petition:

    http://www.petitiononline.com/legalimm/petition.html




    immilaw
    09-17 05:58 PM
    Folks,

    I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.

    My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.

    My question is if they want to immigrate to US what are various paths they can follow to get here?

    Thanks in advance.
    PAN123

    It looks like your brother is on J-1 Visa waiver program. My advise to him is to speak with an attorney.




    tushbush
    02-03 08:11 PM
    Congratualtions Ivar!
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.



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