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03-17 06:12 PM
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kondur_007
10-20 09:53 AM
Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?
Thanks.
GG_007
There are two issues you must consider (at minimum):
1. You must have a permanent job offer from the sponsoring (or AC21 employer if you are already ported) through out the period of pending 485. You should be able to verify this at any point as soon as asked for by USCIS. So make sure, your employer still supports your GC process and is ready to provide such letter and is willing to hire you after GC approval. If not, you must find another same or similar (AC21) job position and make sure that they will provide such letter. This arrangement needs to be made with certainty before you leave.
2. Must have a valid AP (for you and all family members) and must return back before the expiry of AP. Now, in general, as long as you have valid AP, they do not give you hard time at the POE (under most circumstances). There are few exceptions (especially in texas; or so I have heard) where POE officer gave hard time, but that is not the rule.
Good Luck.
Thanks.
GG_007
There are two issues you must consider (at minimum):
1. You must have a permanent job offer from the sponsoring (or AC21 employer if you are already ported) through out the period of pending 485. You should be able to verify this at any point as soon as asked for by USCIS. So make sure, your employer still supports your GC process and is ready to provide such letter and is willing to hire you after GC approval. If not, you must find another same or similar (AC21) job position and make sure that they will provide such letter. This arrangement needs to be made with certainty before you leave.
2. Must have a valid AP (for you and all family members) and must return back before the expiry of AP. Now, in general, as long as you have valid AP, they do not give you hard time at the POE (under most circumstances). There are few exceptions (especially in texas; or so I have heard) where POE officer gave hard time, but that is not the rule.
Good Luck.
suriajay12
02-12 08:12 AM
How about sending 100 thousand roses to WHITE HOUSE on the same day?
I am in for Gandhigiri. I remember we celebrate aniversaries of the success we had when we did this 1st time and only time. Its time we do it again.
I know many people whose cases are ready to be adjucated are keeping a silent note core members or others, and they will become active again when numbers become unavailable.. which makes sense like in many cases. What will you do if your date is current.. be very hopeful for hearing the good news.. and not try to get ANY attention, . right.. Sorry if I hurt anyone,. but what are we waiting for.. economy to pick up??.
But I know many people out there are not even close to or hopeful if the numbers become current.. LETS DO IT. We request IV core to come forward and start a campaign. Please help.
The below is from immigration-law.com and they too feel that priority #1 doesnt mean others have to sleep.. Please act fast.
02/11/2009: Three More Private Bills Introduced in the House 02/10/2009
As we reported earlier, failure of the Congress to fix the broken immigration system apparently induces members of the Congress to introduce private bills almost every day in session. We admit that under the current environment of historical economic crisis and rising unemployment, economic stimulus and financial bailout should be the top priority for the government's agenda. However, it does not mean that the other important parts of the nation's policies should remain on hold. We have learned a lesson from the past eight years that leaders' total obsession with only one agenda, "war," led to neglecting of almost all other parts of the country's policies and people's life , including deteriorating economic competitiveness, education, healthcare, arts, etc. and the country is now paying its price. Look at the state of our country's education. Priority in policies should not mean that all other important nation's agenda should remain in standstill.
I am in for Gandhigiri. I remember we celebrate aniversaries of the success we had when we did this 1st time and only time. Its time we do it again.
I know many people whose cases are ready to be adjucated are keeping a silent note core members or others, and they will become active again when numbers become unavailable.. which makes sense like in many cases. What will you do if your date is current.. be very hopeful for hearing the good news.. and not try to get ANY attention, . right.. Sorry if I hurt anyone,. but what are we waiting for.. economy to pick up??.
But I know many people out there are not even close to or hopeful if the numbers become current.. LETS DO IT. We request IV core to come forward and start a campaign. Please help.
The below is from immigration-law.com and they too feel that priority #1 doesnt mean others have to sleep.. Please act fast.
02/11/2009: Three More Private Bills Introduced in the House 02/10/2009
As we reported earlier, failure of the Congress to fix the broken immigration system apparently induces members of the Congress to introduce private bills almost every day in session. We admit that under the current environment of historical economic crisis and rising unemployment, economic stimulus and financial bailout should be the top priority for the government's agenda. However, it does not mean that the other important parts of the nation's policies should remain on hold. We have learned a lesson from the past eight years that leaders' total obsession with only one agenda, "war," led to neglecting of almost all other parts of the country's policies and people's life , including deteriorating economic competitiveness, education, healthcare, arts, etc. and the country is now paying its price. Look at the state of our country's education. Priority in policies should not mean that all other important nation's agenda should remain in standstill.
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rajpatelemail
02-12 12:37 PM
If you are running out of time to save Candian PR under 3 years out of country stay rule, then only we have to think this canda stay.
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
more...
StuckInTheMuck
04-29 10:24 AM
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texasguy
06-21 04:04 PM
Hi All,
We took an infopass appointment at the Local USCIS office to get a temporary proof of our permanent residency status. Can anyone suggest us what documents to show ?
As I understand we need to show passport , driver's license,485 approval notice, police report and I-90 application.
Is there anything else that we need to show?
Thank you all for your suggestions.
We took an infopass appointment at the Local USCIS office to get a temporary proof of our permanent residency status. Can anyone suggest us what documents to show ?
As I understand we need to show passport , driver's license,485 approval notice, police report and I-90 application.
Is there anything else that we need to show?
Thank you all for your suggestions.
more...
silvinhaphn
05-05 02:40 PM
sorry i forgot to say the date... The approval was on April 27th, and today May 05th I haven't got either the letter or the card.
Do they come together or there is something wrong for the fact not even my approval letter have came yet?
Do they come together or there is something wrong for the fact not even my approval letter have came yet?
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quizzer
09-28 12:33 AM
EB2 or EB3?
more...
pamith
05-13 08:42 PM
3-4 months may be, but you can apply for AP and EAD.
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a_yaja
01-22 01:35 PM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Why don't you try to apply for the H1B visa again in India?
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Why don't you try to apply for the H1B visa again in India?
more...
rameshvaid
04-09 07:32 PM
Thanks Bytes4lunch for your input. I do not have AP also and am at their mercy now.
Lets hope for the best.
Thanks anyway
Ramesh
Lets hope for the best.
Thanks anyway
Ramesh
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Saarissimo
06-03 05:08 PM
Thank you all for your replies and comments. A few things I know based on previous research:
1. Any person, whether in the US or not, can be an investor (and hence hold equity) of an LLC or C corp. When it comes to an S-corp, all owners must be US citizens. So owning a stake in a company has nothing to do with work permit (i.e. H1-B)
2. Any company that can prove employer-employee relationship can sponsor H1B for its employees, even if the employees are owners in the company. There are many start-ups in the US where some of the founders work in the company on an H1-B. However, the lion share of those are C-Corps
My questions are:
1. Can an LLC sponsor an H1B visa for one of its (major) shareholders
2. If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
I hope this all makes sense.
Thank you all in advance.
1. Any person, whether in the US or not, can be an investor (and hence hold equity) of an LLC or C corp. When it comes to an S-corp, all owners must be US citizens. So owning a stake in a company has nothing to do with work permit (i.e. H1-B)
2. Any company that can prove employer-employee relationship can sponsor H1B for its employees, even if the employees are owners in the company. There are many start-ups in the US where some of the founders work in the company on an H1-B. However, the lion share of those are C-Corps
My questions are:
1. Can an LLC sponsor an H1B visa for one of its (major) shareholders
2. If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
I hope this all makes sense.
Thank you all in advance.
more...
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GCBy3000
02-06 05:25 PM
Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
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Pasquale
01-14 09:49 AM
Good gosh :D
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sledge_hammer
03-04 09:21 PM
Your priority date is Dec 2004, in which case it is presumable that you are aware of immigration laws. I'm sure you know that working for cash is illegal when you are on H4 visa. Then why the hell would you advise someone to do it?
This is a very irresponsible advice you have given. Please refrain from doing it again.
Either you can enrich your skills by joining some short term courses or do small work (like teaching kids/ day care/ dance classes/ singing etc) where in you can earn CASH .................. I am not sure of your background so cannot comment on choices that you have.
This is a very irresponsible advice you have given. Please refrain from doing it again.
Either you can enrich your skills by joining some short term courses or do small work (like teaching kids/ day care/ dance classes/ singing etc) where in you can earn CASH .................. I am not sure of your background so cannot comment on choices that you have.
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Sai gc
09-23 04:54 PM
case process resumed ,Soft LUD everyday after RFE response,Any thoughts whats going on
My case details:
PD 2004 october(substituted)(NSC)
I 140 approved on october 2007
Got EAD's and AP's for both me and my spouse.
I 485-Received mail from Uscis on August 23rd,requesting for Evidence(no change in online status though).
RFE was for EVL,for which response was sent on 16 th sep(through Murthy firm )
Hard LUD on 17th september,change in online status,"received RFE response case process resumed"
soft LUDs on my application on 18,19,20,22 and 23rd.
soft LUDs on spouse application on 22nd and 23 rd.
What does this mean,My case is being processed ,any chances of getting GC this month?Any thoughts?
Hopefully this means Good news.
OM Sai
My case details:
PD 2004 october(substituted)(NSC)
I 140 approved on october 2007
Got EAD's and AP's for both me and my spouse.
I 485-Received mail from Uscis on August 23rd,requesting for Evidence(no change in online status though).
RFE was for EVL,for which response was sent on 16 th sep(through Murthy firm )
Hard LUD on 17th september,change in online status,"received RFE response case process resumed"
soft LUDs on my application on 18,19,20,22 and 23rd.
soft LUDs on spouse application on 22nd and 23 rd.
What does this mean,My case is being processed ,any chances of getting GC this month?Any thoughts?
Hopefully this means Good news.
OM Sai
more...
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desi3933
03-09 12:29 PM
.... None of my previous employers revoked my H1-B. ....
Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.
______________________
Not a legal advice.
US citizen of Indian origin
Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.
______________________
Not a legal advice.
US citizen of Indian origin
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smari
09-08 04:43 PM
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
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cestmoi
01-14 07:51 PM
Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
PDOCT05
10-31 10:53 AM
Mine is similar case. While sending the application he missed the 2 pages of my wife's I485 application. He said he will try to send it again. Not sure what happens. :-((
Did you got the Rejected notice back? These lawyers are big A**** they don't do proper job after getting money. In the mean time pls have all your congressmen and senator info ready to contact in case of rejection.
Did you got the Rejected notice back? These lawyers are big A**** they don't do proper job after getting money. In the mean time pls have all your congressmen and senator info ready to contact in case of rejection.
smartboy75
07-17 07:13 PM
Just a thought..if your lawyer has all the papers...he should also have your Medical examination report.....If you decide to file on your own where are you going to get the medical examination enveloe from ??? Hope u have thought about it
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