rpat1968
09-22 11:05 AM
IV members who have got vague replies to SR request and also encoundered rude behaviour on with USCIS CSR's should share your experiences with whitecollarslave ...
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pd_recapturing
12-13 02:50 PM
There is no AC21 for derivative applicants. She can join any employer at any time. AC21 comes into picture only for primary applicant. Derivatives get almost a virtual GC in terms of EAD.
phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
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ameryki
01-19 04:03 PM
mate not sure about delhi in particular but people here in this forum have been stuck without visas for over a month in some places due to delay related to PIM.
more...
vrkgali
02-13 11:36 AM
Pappu, very good article. I saw this in this month's Kiplinger.
A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
these things are like taking a duck to the pond ... for a Desi..
A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
these things are like taking a duck to the pond ... for a Desi..
kirupa
07-25 01:34 AM
Added! :)
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priderock
05-08 04:40 PM
Folks,
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.
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la6470
08-30 02:40 PM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
more...
rolrblade
08-20 10:16 AM
I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
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bestofall
03-14 08:57 PM
You deserve good Appreciation from rest of the members for taking the lead, I Wish you success
Go IV !
Go IV !
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anilsal
09-16 09:21 AM
if they are going to continue to be in closets.
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gcdreamer05
09-12 10:07 AM
Hi all!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Well you have sufficient time for the OPT to finish, but say you are at the end of your OPT you need to find a job which does h1b so that you have a valid visa status (or) continue your education so that you have another study visa.
Say you want to go back to your home country, then make sure you have proper visa for your kid to enter your home country. Say your home country is India, then you need to file PIO Card for your kid or get a indian visa for your kid before you enter your home country, because your kid is a US Citizen and needs permit to enter in to your home country.
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Well you have sufficient time for the OPT to finish, but say you are at the end of your OPT you need to find a job which does h1b so that you have a valid visa status (or) continue your education so that you have another study visa.
Say you want to go back to your home country, then make sure you have proper visa for your kid to enter your home country. Say your home country is India, then you need to file PIO Card for your kid or get a indian visa for your kid before you enter your home country, because your kid is a US Citizen and needs permit to enter in to your home country.
more...
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speddi
07-13 01:09 PM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
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FredG
April 3rd, 2005, 06:52 AM
#1. I find the motion in 2 more distracting than helpful.
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FinalGC
02-24 09:08 AM
My wife is studying for Nursing and hence I know the anser. Either General Nursing or BSN will allow you to give the RN exam. However, before that have your crendtials evaluated by www.wes.org, so that an US equivalency is established. Based on that you can apply for the RN exam.
General Nursing is equivalent to an Associate in Nursing. For future promitions, BSN is better.
General Nursing is equivalent to an Associate in Nursing. For future promitions, BSN is better.
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Dhundhun
02-19 11:25 PM
F1 means International Student and so you are not California Resident for tuition purpose (UCs, CSUs and any state funded institution e.g. community colleges follow this practice).
Private institutions don't care, usually fee is same.
For taxation purpose, you are resident of CA and will be paying taxes on earnings.
Private institutions don't care, usually fee is same.
For taxation purpose, you are resident of CA and will be paying taxes on earnings.
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dbevis
June 5th, 2005, 02:28 PM
Works great! DOF is good, there is a distinct 3D effect going on especially if take a step back. Very nice!
Yes, I like the "floating in air" effect.
Yes, I like the "floating in air" effect.
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immig4me
06-30 11:07 AM
I am on an H-1 and my wife has an H-4 visa.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
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Libra
08-21 08:03 PM
please go to following link and poll
http://immigrationvoice.org/forum/showthread.php?t=12628
http://immigrationvoice.org/forum/showthread.php?t=12628
xtronics
03-19 11:01 AM
Really appreciate your input. Thank you
Rayner
11-23 06:59 AM
A thousand a year is a trickle. My friend has moved to California on an EB5, and found it very easy. For the average Brit with property in the UK the 500,000 Dollar investment is not too onerous. In fact it's probably the easiest way in.
See my friends experince at EB5i (http://www.eb5i.com)
Rayner
See my friends experince at EB5i (http://www.eb5i.com)
Rayner
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