Thursday, June 9, 2011

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  • renupond
    10-09 04:35 PM
    If 1099 is not acceptable with client, what is the the easiest way to go forward, assuming no intent of other employees?

    I think LLC is the only option ( if I dont want to go towards C-Cop ). How long does it take to set that up? What setps? What are the expenses involved other than one time registration fee?





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  • dingudi
    03-09 03:34 PM
    Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.

    Please go through the following thread. This is recent:
    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951

    Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.





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  • freedom_fighter
    01-14 01:13 PM
    she had sep 2004 eb2.

    i've changed my pd date to avoid confusion. USCIS is going by the queue, so dont worry..





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  • ramaonline
    07-15 02:10 PM
    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.



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  • amitkhare77
    11-16 12:19 PM
    you have to options -

    1. your employer files change of status H1 to H4 (form I-539)
    2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

    please double check before you make any decision.

    Thank you for your reply.

    Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
    If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.

    Or can I go out of USA and get back on the same revious H4 stamping?

    Thanks,

    Arpu





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  • a1b2c3
    12-19 02:09 AM
    These articles are nothing new. Given the current state of affairs, its only to be expected because people like you and me are actually displacing some jobs whether we admit it or not.
    However, what these folks don't seem to get is that outsourcing is a much bigger culprit. And so go after the business owners who outsource to keep businesses profitable and not target a handful of legal immigrants. And legal immigrants are not responsible for the housing mess! Go after the loan defaulters. Catch the greedy banks who dished out bad loans!!

    The unemployment numbers are very high and its spoiling people's holiday season and also their moods. A lot of American citizens don't have a choice to work anywhere else. That clouds their judgement and makes them irrational.Please try to understand the opposite point of view and just ignore these articles instead of starting threads on IV.



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  • garfield
    10-07 02:19 PM
    When can one add a spouse to the I-485 application, and until when can a spouse be added before getting the Green Card?

    My 485 is pending, have the EAD card, and the I-140 is approved. My priority date is not current... anyone knows?





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  • piyu7444
    07-03 01:59 AM
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.

    Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.



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  • Dipika
    11-03 01:21 PM
    i have not done visa extention for my mother in law, but i had asked lawyer about it when last year my mother in law was here.
    Lawyer said it's possible to get extention. and they need traveler's check of $5K on my mother in law name to send for extention, which proves she has enough money to stay and travel further in USA.
    i had not followed it, but this time i'm going to do it when my in laws visit again.
    I would say it would be batter to go through lawyer as they have different tricks to get it faster and easily.





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  • gulute
    10-02 02:39 PM
    Did you use an approved labor?

    the RFE was on Ability to Pay



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  • WAIT_FOR_EVER_GC
    11-11 12:35 PM
    Why don't you ask this in the free attorney call

    hello

    work for decent size company (1500 employees).i am the only non citizen/non gc holder

    applied eb3 and stuck since 2003.gained masters in 2006

    planning to apply to EB2 with different title .

    my employer is requesting to apply eb2 for masters with 7 years of experience as requirement

    in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that

    does that mean its guaranteed audit like that meaning do they question or is it possible

    any experiences who ported are appreciated

    thanks





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  • reno_john
    06-16 02:02 AM
    If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

    I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

    Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!


    Any F1 visa spouse can apply for I-485 the only legal cause is that at the time of filing spouse status should be legal, found from my attorney.
    As per my knowledge when I was a student, the internation center updates the Sevis database and also writes on the I-20 that the student is accepting OPT and so a EAD needs to be issued. And on the EAD it will mention that the EAD is for OPT, so EAD for I485 is differect from EAD for OPT.



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  • mjdup
    05-31 09:46 AM
    Messed up my pay pal account, fixed it and contributed, back to recurring contribution...please contribute folks !





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  • michael_trs
    05-13 10:06 AM
    Here are my concerns:

    1) I put only 1 year of experience. I guess a senior position requires 3-5 years of experience but it will exceed SVP for sure. On the other hand I don�t want to answer NO to H.12 (requirements normal for the occupation) because requirements look pretty normal and NO automatically triggers audit.

    2) Do I have to specify that alternative education and experience is allowed (quest. 8/8A)? (For example BS + 5 years) I don�t really need it because I have Master�s. But I don�t want DOL to decide that requirements are too high or restrictive.

    What do you think?
    Thank you,



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  • dudu
    05-09 03:02 PM
    Just some throught?

    Could you post all the local contact for IV core member? Since we can work together with local contact to raise the issue we have. Even we can arrange local event.





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  • fandu
    10-24 01:41 PM
    My friend's I-485 application was sent to NSC on 26th July. No RN as yet...



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  • arunmohan
    11-19 03:42 PM
    job A designation is Software engineer
    Job B designation is DBA
    description of both jobs are almost same.
    If i switch job using AC21 is there any problem with USCIS?
    what is the chance of getting RFE in future?
    guys please help me on this question.





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  • gc28262
    08-27 08:13 PM
    I don't think OP can do that, because I140 does not belong to you, it belongs to the company.

    correct me if I am wrong, but I believe the concept is you are asking for copies of documents that you have filed and since you have to attach a copy of 140 along with 485, you have the right to ask for a copy. but since OP has not yet filed 485 or more precisely, has not attached a copy of 140 approval for anything, he/she cannot ask for the same.

    I have heard getting docs from USCIS under FOIA takes about a year or even longer(no experience though).

    Please refer to the following thread. One member has already got it. There are many members who used this to get the approval notice.

    http://immigrationvoice.org/forum/forum80-visa-bulletin-status-tracker-processing-times/219826-use-foia-for-i-140-and-other-immigration-records.html





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  • reddymjm
    01-02 06:43 PM
    Even if it is close to that 2020 do not get surprised





    Edison99
    03-07 03:07 PM
    I doubt about that�

    out of the country indefinitely and then come back lets say after 10 yrs?





    Ann Ruben
    01-24 10:05 AM
    Do you have a currently valid H-1 visa stamped in your passport? If you do, you don't have to apply for a new visa at a US Consul abroad. You would only have to leave the US and return using that visa and presenting the approval notice for company A along with proof that you are coming to the US to work for company A.

    I agree with Raysaikat that USCIS is not likely to approve a nunc pro tunc H-1 under these circumstances. But whether or not you pursue this option, you should get and keep as much documentation as possible to show you honestly and reasonably believed you were authorized to work for company B. Such documentation might include any written communications from company B or the attorney telling you that the H petition had been filed and/or that you could legally begin work for them.

    Ann



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