wantMyGC
09-12 08:22 PM
Hello Attorney,
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
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somegchuh
11-02 11:20 AM
What's with the attitude? Did I say that I am filing these on my own?
Anyway, I am just trying to do some legwork to find out the required documentation so that I know that my lawyer is doing. If you enough grey matter and have been thru the immigration process you will know that lawyers can screw up and it is in your best interest to cross check with people who have done this.
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
Anyway, I am just trying to do some legwork to find out the required documentation so that I know that my lawyer is doing. If you enough grey matter and have been thru the immigration process you will know that lawyers can screw up and it is in your best interest to cross check with people who have done this.
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
harivenkat
08-05 01:09 PM
"08/05/2010: Sen. Jeff Sessions of Alabama Introduces S. 3702 to Grant Adjustment of Status to Certain Long Time Conditional Residents
* Senator Sessions rarely introduces pro-immigration bills because of his ultra-conservative staance. Yesterday, he introduced this in the Senate. The text is yet to be made available and we are curious of text of this bill. Please stay tuned. Hmm................. "
- The OH LAW
tried calling Senator's office to find out what S.3702 was all about... they didnt seem
to have any info any on this particular bill....although they think vote will happen
after August recess (Information on Senator Jeff Sessions of Alabama (http://www.contactingthecongress.org/cgi-bin/newmemberbio.cgi?lang=&member=ALJR&site=ctc))...
not sure if this should bear any relation to Eb2/Eb3, etc....
* Senator Sessions rarely introduces pro-immigration bills because of his ultra-conservative staance. Yesterday, he introduced this in the Senate. The text is yet to be made available and we are curious of text of this bill. Please stay tuned. Hmm................. "
- The OH LAW
tried calling Senator's office to find out what S.3702 was all about... they didnt seem
to have any info any on this particular bill....although they think vote will happen
after August recess (Information on Senator Jeff Sessions of Alabama (http://www.contactingthecongress.org/cgi-bin/newmemberbio.cgi?lang=&member=ALJR&site=ctc))...
not sure if this should bear any relation to Eb2/Eb3, etc....
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walking_dude
11-21 11:17 AM
Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)
Happy Thanksgiving
Happy Thanksgiving
more...
xu1
04-10 11:06 AM
I will send an email after work with details.. Can't use webbased mail right now at work.
MartinR
February 16th, 2005, 08:56 AM
Thanks a million MatsP. Here's proof of what I wrote about still learning about this camera after 4 years: I'd never come across EXIF before and after searching through the camera manual I figured I probably didn't have it. Just in case, though, I rumaged around in Irfan and Picture Window Pro and found that all that EXIF information is there after all and I never knew it. I will now take a photo at what I have calculated is the 50mm standard equiv focal length and then check the EXIF to see how close it is.
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
more...
manish1905
04-21 01:37 PM
contributed small amount!!!!!
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vasa
07-13 11:55 PM
done, it shows 2038 signatures now...
keep doing this folks.. we need a multi-pronged approach...
let there be "shock and awe"
keep doing this folks.. we need a multi-pronged approach...
let there be "shock and awe"
more...
GCBy3000
07-26 05:35 PM
Can IV send email todya to all TEXAS members if it supports this move since tomorrow is the last day for registration.
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pcs
06-21 02:52 PM
it is free & great
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hur11
01-22 08:48 PM
Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.
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gk_2000
05-02 07:05 PM
trojan -- Thanks, even I found your posts helpful. Sounds like a good idea :)
more...
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snhn
02-16 11:40 AM
at the interview for my mothers. the lady said, FBI finger print check is different then name check.. People get stuck in name check because they may have a common name. So for example one with a very common name and a long one, will be stuck in name check for a while. Name check is done the country where you are from. FBI request that from the native country. I know lots of Inidan who have long names, have been stuck for a year to 2. Same token Muslims with names like Mohammed, will be stuck for years.
also there is luck there too. She said something in regards to that new application which are filed recentlly dont take that long. Usually most 6 monts. Who know, all I know my mother is 60 years old, and she was told at the interview that her name is stukc in name check..
Go figure....
also there is luck there too. She said something in regards to that new application which are filed recentlly dont take that long. Usually most 6 monts. Who know, all I know my mother is 60 years old, and she was told at the interview that her name is stukc in name check..
Go figure....
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venky08
06-24 03:39 PM
thanks ArkBird, desi3933, cvk90, gc_lover for your replies...i will talk to my lawyer on Monday...and go with his advice...
more...
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sankap
07-05 03:28 PM
http://online.wsj.com/article_print/SB118359095890657571.html
Reversal Frustrates Green-Card Applicants
By MIRIAM JORDAN
THE WALL STREET JOURNAL: July 5, 2007
The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.
In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.
News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.
"My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."
Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.
The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.
A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.
Write to Miriam Jordan at miriam.jordan@wsj.com1
Reversal Frustrates Green-Card Applicants
By MIRIAM JORDAN
THE WALL STREET JOURNAL: July 5, 2007
The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.
In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.
News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.
"My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."
Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.
The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.
A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.
Write to Miriam Jordan at miriam.jordan@wsj.com1
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hebbar77
12-16 10:43 AM
I believe your h1b is void and you may not enter.. I am not a lawyer and this is my opinion only.
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StuckInTheMuck
04-28 04:16 PM
Summer travel season is around the corner, and unfortunately, because of the swine flu scare, each and every person entering India from USA (and some other countries) will have to go through a medical screening (http://timesofindia.indiatimes.com/India/American--European-visitors-to-be-screened-for-swine-flu/articleshow/4457075.cms) at the airports beginning yesterday. Some chaos is expected, particularly in busy terminals such as Delhi and Mumbai, given that "Airport authorities said they are still in the dark and are yet to gear up for these checks". So, it may be a good idea if those of you, who have just returned from India, share your experiences with this procedure; for example, the likelihood of facing stricter screening (or even a brief quarantine) if someone sneezes/coughs for any reason, or the "fitness certificate" forms that airlines are supposed to hand over to each passenger, etc.
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gapala
06-04 01:08 PM
Guys, there is nothing to be excited about for EB folks in this bill.. This appears to help FB folks and in the name of re-union, which is a good thing ofcourse but, for us.. If I read between the lines, I have a bad feeling... Are they trying to re-capture the EB wasted visa numbers along with FB wasted and allocate all those to FB folks? :confused:
Let the EB folks live this same life?
God knows...
Let the EB folks live this same life?
God knows...
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meridiani.planum
03-10 08:21 PM
Hi,
I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.
What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.
Please adivse.
Thanks and Regards
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.
What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.
Please adivse.
Thanks and Regards
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
VivekAhuja
06-02 07:34 PM
No need of open ticket or anything like that. Just make sure they have all their papers intact and do not over stay. Days of Open Tickets are gone as far as POE or Consulate is concerned.
casinoroyale
02-23 11:17 AM
I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.
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