Jumat, 10 Juni 2011

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  • hoolahoous
    07-17 12:46 AM
    she would loose the 'processing date' queue..





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  • a_yaja
    06-21 03:10 PM
    Congratulations!!!!!

    Would you plz confirm us on the Birth Certificate?

    Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
    My BC was issued in 1980 and my DOB is 1974. However, my BC (issued by govt. of Mysore - Bangalore then was part of Mysore then) has a "registered" date as 1974. My lawyer said that since the registered date is 2 days after my birth, there is no problem with the BC.





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  • FRUSTRATED
    07-07 03:00 PM
    The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.

    I owned business and had state and federal licenses when I was on F-1.

    And very frankly if you have any innovative ideas are an entrepreneur immigration and visa is the last thing you should worry about. There are many ways to to that and if you have a trustworthy citizen or GC holder as a partner it is very easy. just concentrate on your ideas and plans. contact a lawyer, do some reading of IRS pubs, and immigration law.

    I am an entreprenur myself and I wish you very good luck and success.


    Please consult an immigraiton attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.

    My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.

    Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.

    Morph





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  • omved
    08-14 08:38 PM
    Thanks Krsk,

    My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..

    What do you think..??

    Om



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  • eb2dec2005
    02-22 09:49 PM
    No, i was little skeptical i using AC21.I did not inform USCIS at all.

    Morover, i was hoping my PD would be current shortly.

    Am i in trouble?





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  • willgetgc2005
    03-22 07:37 PM
    Sent to my Attorney.



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  • sk.aggarwal
    03-19 03:28 PM
    Thank you for your quick response Attorney Ruben.
    Is there a way to avoid this step or get PWD from some other source?





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  • m306m
    12-12 03:32 PM
    Vallabhu is inaccurate. You can leave the US with an expired I94. Immigration Officials do not collect the I94 from an individual, more often it is the airline staff who collect it and pass to immigration. Also you status come into play when you enter the US. When you fly in just show your AP and I485 receipt and you should be fine.

    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .



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  • whitecollarslave
    01-28 04:32 PM
    The misconception that immigrants are displacing American workers is gaining popularity. If we are to make a case for immigration reform that helps EB community, we ought to show that EB immigrants are not displacing American workers, but helping the overall economy. In the midst of current economic situation and growing public sentiment against immigrants, paying taxes, obeying laws and assimilating with American society and culture is not enough. It is important to stress the obvious - how individuals from EB community are contributing towards the economy, innovation and competitiveness. In order to illustrate this, I would like to get examples of people from EB community.

    The people mentioned in the earlier replies do not help this argument. I am looking for examples such as the founder of orkut - who is an EB immigrant, once on H1-B visa.

    Thanks again.





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  • asiehouston
    12-13 02:00 PM
    Hey Guys, count me in too



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  • willIWill
    04-30 05:43 PM
    Yes one from Mother and one from Father.

    You may find a sample by googling.





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  • fatjoe
    10-25 09:05 PM
    I had a couple of appointments in Detroit in the past two months. Got to meet with two different IOs, who were cordial. At least told me that I was pre-adjudicated. But refused to dis-close any other info.
    Anyhow, got CPO emails for me and and my son on Oct 22nd. My spouse's case is at Detoir office. Planning to go to Detroit tomorrow, to see what's up with his case. Is there anyone, who got approval from Detroit office.
    Detroit Infopass officers are laid back, if it is the same heavy lady you had to go to I sympathize with you. She was the most mean govt official I have come across in past 10 years. Her response to me was the details about my case cannot be discussed due to National Security reasons, tried ask another question and was abruptly cut to be asked to wait.



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  • onemorecame
    11-15 01:43 PM
    Hi Guru,

    Can anybody Help me to know how to Process H1B for Teacher(from India)?

    Or guide me how can one who is teacher with 4 year exp can get H1B/Job in US.

    if you guys know any company which process new H1B for teacher from India then Please PM/respond this message.

    Thanks for your help in advance.





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  • perm2gc
    01-08 04:08 PM
    Here is the situation, they already got Australia visa stamped and would like to make a honest visit to US before leaving for Australia, nothing hidden. So how to Convince VO.
    The best shot is to try from australia.To be frank chennai consulate is very strict on some education qualifications like doctors.So if they want to come here best bet is to apply visitor visa from australia to usa.if you try chennai consulate and get rejected once.you will redirected to chennai consulate everytime you apply for visitor visa anywhere in world.



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  • desi3933
    06-22 07:51 AM
    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.

    I am NOT an attorney and this is not a legal advice.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.

    I agree this is good idea. She may have to travel out of US to get back into H4 status.



    See above in Blue.

    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002





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  • GreeNever
    07-07 12:56 PM
    Not to throw in too many variants, but how about when on EAD? Does an EAD alter the situation?



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  • buehler
    07-18 07:36 AM
    We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!

    My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).

    If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.

    Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?

    You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?





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  • amslonewolf
    11-09 01:36 PM
    I am sure many of you would agree with the below observations -

    I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..

    I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.

    Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)

    Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:

    As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..





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  • njdude26
    07-02 08:34 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.





    puvathoor
    03-14 03:27 PM
    I read at Ron Gotcher's website that Admin fix cannot recapture unused visa #s (for that one needs a congressional mandate).. Is this correct? Can someone from IV team who has had contact with legal community comment on this?

    At the same time, I think IV campaign to bring the visa recapture and other LEGAL immigration issues to the forefront is laudable. At the minimum, we have ~ 20k letters out there detailing our problems..





    kiru_99
    10-30 12:47 PM
    Hi,
    Today I came to know from USCIS that my I485 was rejected stating incorrect/No Fees.
    It was rejected on Sep 22nd & letter would have been sent to my lawyer same time. He never told me anything about it. Do I have a chance to resubmit now.



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