Friday, June 10, 2011

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  • whoever
    01-10 07:10 PM
    can you justify why chances are more of a eb relief from what numbers gang has?





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  • desi3933
    03-13 02:48 PM
    Thanks. It is employer decision.
    I know of cases where, H1b was not cancelled.
    Can you please give link to USCIS site stating the rule ?

    ALL: Please share your experience in this area.

    Incorrect!

    I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

    Read for yourself -

    http://www.uscis.gov/files/article/E1eng.pdf

    [From the pdf link]
    Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.



    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • sinziana
    01-20 01:04 PM
    I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
    First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.

    sdudeja, nice to meet another teacher on the forum!
    hi,
    tell me please how is this NGO
    i AM teacher and I am looking for ajob in USA
    THANKS





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  • sekhar007
    08-13 10:25 PM
    Hi,

    Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.

    Appreciate the reply



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  • mzafar125
    08-16 04:47 PM
    Howdy fellow Aliens,

    My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.





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  • pmb76
    07-17 05:42 PM
    Hi,
    This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).

    My request to all IV members is to give me some advice that I can pass on to him.

    Please help !

    I think due to rescinding of the July visa bulletin dated July 2 there will be severe retrogression starting October 2007. Your friend should apply for I-485 now and he can turn in a follow-up I-485 for his wife after he gets married. You have to just hope that the priority dates do not become current before that. If there is any inklink of that happening in Oct bulletin I think he should try to get married sooner.



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  • loveiv
    07-29 10:54 AM
    Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
    Just want to confirm that.

    Did anyone get 2 year EAD when they did not file labor?

    If you think this question is stupid, and same with the above one too.





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  • sroyc
    08-14 08:23 PM
    As someone correctly replied, you cannot work on H-4.
    In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.

    If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).

    The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.

    Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.

    Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?

    Any information will be highly appreciated. TIA



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  • dakajo
    09-05 09:05 AM
    Same here: Filed AP on August 1st and got the receipt on the 25th, but have yet to receive the I-485/EAD receipts, which were filed on July 6. What can we do?





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  • eb_retrogession
    03-23 01:01 PM
    Guys,

    Can we contact Center for Community Change for our cause ?

    I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
    a program of Immigrant Rights.

    http://www.communitychange.org/



    Sent out a note to Deepak. Will keep the thread posted with any updates....thanks



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  • prolegalimmi
    03-27 03:11 PM
    If someone has a good flow of the English Language, we can write a letter to the editor.

    http://www.csmonitor.com/2006/0327/p01s03-uspo.html





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  • sareesh
    03-29 08:13 PM
    Hello All,

    I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following

    1 ) My H1B visa expired on 12/09/2006 from Company A
    2) I have I94 from Company B and I want H1B visa from Company B

    In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".

    I am from India and I going to Canada on Visitors visa.

    Please let me know.

    Thanks,
    SG



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  • satyasaich
    07-03 02:16 PM
    It's true that one has to mention about 485, select a choice between consular processing vs processing with in USA. this is usually done while applying for 140.
    However, one can always make an amendment (to either approved 140 or 140 in pending ) to change the choice

    by doing so, one has to wait for a bit longer time. (but, what difference it makes in these days of retrogression?)


    I heard Changes must be made in I140 to do Consular processing from I485





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  • teddy the dog
    09-23 01:28 AM
    :mad:
    DHS was looking for someone with deportation order of Walawala's place, which the person wasn't there, never lived there, never existed there. Walawala and his wife have valid H1 and H4 status. They looked at their document and with face that look cynical said that Walawala and his wife are 'ONLY' worker that come to this country and threathened they could have done something to harm their status. 'ONLY' Worker that come to this country, what do you guys think?


    Contribution:
    Join the Rally at San Jose
    but couldn't make it to DC :(



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  • rajarao
    12-18 11:25 AM
    Amsterdam- you don't need transit visa, same with brussels or Frankfurt
    Please confirm this on the respective country consulate websites.

    Friends Hi:
    We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
    Thanks
    RPH





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  • tnite
    10-31 10:05 AM
    Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
    Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.

    I appreciate your suggestions..

    yes



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  • geniousatwork
    09-01 03:49 PM
    Congratulations !!! GOOD LUCK to all the people awaiting approval notice.





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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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  • sduddukuri
    04-07 07:56 PM
    We didnot file MTR. As per my lawyer, MTR takes around 2-3 months and if in case MTR gets denied then the total time (from the date of denial) will considered as illegal and it will create more problems. I also went along with my wife to chennai embassy(both H1 and H4 renwal ), they just asked me my paystubs and about my company . they didnot ask my wife any questions.





    sunderbans
    04-07 09:31 PM
    thanks for your reply.

    my wife H4 was denied since it was applied after 2 months of I 94 expiration (july 1,2010)but we also sent the I 94 correction based on my H1B notice untill March 10,2011 since there was mistake at POE in jan 2010. On March 18 we received I 94 correction until March 10,2011. Hence now actual out of status is from march 10,2011. So we decided for her to go to India for stamping. But we also filed for MTR still my attorney adviced us to go to India for stamping since we don't want to cross the 180 day period.





    DDD
    11-07 12:03 PM
    Sorry Man I never posted a reply to the substituting for gradients. But your latter image was much better with image swap (instead of gradient). Doing your navigation in flash would be an excellent idea (instead of mapped images). I am thinking of writing a tut on how to make better gradients without using gradients....you think peeps would be interested? This technique has produced astounding results for me....I am trying to work on the grunge thing I jsu cannot produce anything cool....by the way me2 is very cool.



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