singhsa3
12-21 12:59 PM
I think , it is the law and not subject to interpretation.
HAPPY INDEPENDENCE DAY!
if there's one thing i've learnt in the last 1 year..it is this...USCIS laws/press releases/memos etc. are like india's traffic lights...you don't necessarily have to follow'em....so its upto USCIS to interpret in its own way depending on how much pain i can put an immigrant through
HAPPY INDEPENDENCE DAY!
if there's one thing i've learnt in the last 1 year..it is this...USCIS laws/press releases/memos etc. are like india's traffic lights...you don't necessarily have to follow'em....so its upto USCIS to interpret in its own way depending on how much pain i can put an immigrant through
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ArunAntonio
12-12 05:31 PM
oguinan, arun. I checked out yahoo-groups for our chapter. How do I make sure I am on the email list. I guess, I should check this thread from time-to time. I would like to be involved in the state-chapter and also learn more by being on the conf.call.
Amit,
We will be having a call soon. If you have registered at the yahoo group rest assured you will get an email about any activities and once you have joined the call you be a part of the activities.
Ollie,
we should plan for a quick call before Christmas and New years and then regroup after the holidays. What say ?
- arun
Amit,
We will be having a call soon. If you have registered at the yahoo group rest assured you will get an email about any activities and once you have joined the call you be a part of the activities.
Ollie,
we should plan for a quick call before Christmas and New years and then regroup after the holidays. What say ?
- arun
gene77
11-07 12:33 PM
Here is the RFE,
" The Service has reviewed the official University Grants Commission website from India and the ABC University is not listed. There is no evidence this university is accredited. Please submit evidence of the date this university was accredited.
Please submit complete transcripts of the beneficiary's Bachelor Degree underlying the Master Degree for the Service to review all the specific records. Also, please confirm if the Master Degree was a distance education course that was based only on exams as the Statement of Marks indicates ("Paper" 1, 2, 3, and 4).
The Master of Science Degree does not appear to be equivalent to U.S. Master Degree. Do NOT send an additional "education evaluations" that are mere advisory opinion. Submit preponderance of evidence that the beneficiary's bachelor and the master degree is U.S. equivalent based on educational records only. "
Monica
I received a RFE on my I-140 as well which was replied to and received by USCIS on 10/17, haven't seen any LUDs after that date.
Thanks.
" The Service has reviewed the official University Grants Commission website from India and the ABC University is not listed. There is no evidence this university is accredited. Please submit evidence of the date this university was accredited.
Please submit complete transcripts of the beneficiary's Bachelor Degree underlying the Master Degree for the Service to review all the specific records. Also, please confirm if the Master Degree was a distance education course that was based only on exams as the Statement of Marks indicates ("Paper" 1, 2, 3, and 4).
The Master of Science Degree does not appear to be equivalent to U.S. Master Degree. Do NOT send an additional "education evaluations" that are mere advisory opinion. Submit preponderance of evidence that the beneficiary's bachelor and the master degree is U.S. equivalent based on educational records only. "
Monica
I received a RFE on my I-140 as well which was replied to and received by USCIS on 10/17, haven't seen any LUDs after that date.
Thanks.
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nixstor
12-03 10:49 PM
Good news. Hopefully we will start to hear more similar news about lawmakers becoming aware of the situation and expressing their support.
more...
sheela
10-02 02:09 PM
I have a minor child who received FP (Code 3) before all our GC got approved. [4 months before approval]. Neither I nor my attorney paid any fees for my kid.
I think they request FP for the kid before approving their GC. In some cases, I also found that GC approved for people already did FP, but not for the kids and took some time for the USCIS to issue FP notices before approving their GC.
Thanks
I think there is no general rule for minors. Whereas, many in these forums got FP notices for minor kids, when I talked with IO today for my minor daughter, I was told not all minors need biometrics/fp. What does it mean? My attorney also say so. I donot know whom to believe. Any thoughts?
I think they request FP for the kid before approving their GC. In some cases, I also found that GC approved for people already did FP, but not for the kids and took some time for the USCIS to issue FP notices before approving their GC.
Thanks
I think there is no general rule for minors. Whereas, many in these forums got FP notices for minor kids, when I talked with IO today for my minor daughter, I was told not all minors need biometrics/fp. What does it mean? My attorney also say so. I donot know whom to believe. Any thoughts?
sunnyg
02-11 03:52 PM
My visa stamping has expired in 2008 and my Passport is valid till Nov 2009. I got a renewal till 2012 but I didn't go for stamping yet. I also have a EAD. Would I be getting a 10 year extension of passport or only year if I apply now. I probably have to go to Newyork consulate(not sure if this impacts the renewal period of passport). I read in one of the forum that with out stamped visa we only get 1 year renewal of the passport. Is this true? Any input will be appreciated. Thanks!
more...
gsc999
09-09 11:22 AM
There is no ambivalence now. CIR is no longer going to be the issue so we can move forward with SKIL.
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pitha
12-02 10:45 AM
IV has arranged a new feature: Weekly Attorney Chat, why dont we ask this question in the weekly attorney chat. Why speculate when we can get expert opinion.The link about the new Weekly Attorney Chat feature is
http://immigrationvoice.org/forum/showthread.php?t=22357
1. Has anyone ported off to self employment using AC21 and has
received a Green card?
2. Did porting to self employment trigger an RFE or a NOID?
3. Does porting to self employment always trigger an RFE?
4. What steps did you take to address the RFE?
5. Does your firm have to be profitable when you ported off to self
employment using AC21?
Please share any or all of your experiences, thoughts etc.
we can think about the blog after :-). AC21 allows you to work for your own corporation.
http://immigrationvoice.org/forum/showthread.php?t=22357
1. Has anyone ported off to self employment using AC21 and has
received a Green card?
2. Did porting to self employment trigger an RFE or a NOID?
3. Does porting to self employment always trigger an RFE?
4. What steps did you take to address the RFE?
5. Does your firm have to be profitable when you ported off to self
employment using AC21?
Please share any or all of your experiences, thoughts etc.
we can think about the blog after :-). AC21 allows you to work for your own corporation.
more...
abracadabra102
11-20 10:50 AM
Hi everyone,
My employer is a small consulting agency approx 50-75 consultants. I received information that they have been chosen for a DOL audit- I am not aware of any more details other than that.
I am EB2 India July 2nd filer and I already have received my EAD, AP and am done with my FP.I want to know if this can have any adverse impact on my GC process.
I plan to use AC21 to move into a bigger org after Jan. Please let me know in case you have any info on the above. Also once I use AC21 and move to a diff org does my GC process have anything to do with my current employer?
Would definitely appreciate answers to the above..
Do not switch employer before audit is over. Under PERM rules, an approved LC can be revoked within one year. If your LC is revoked, you lose your I140 and I485 as well. AC21 is not going to save you here.
My employer is a small consulting agency approx 50-75 consultants. I received information that they have been chosen for a DOL audit- I am not aware of any more details other than that.
I am EB2 India July 2nd filer and I already have received my EAD, AP and am done with my FP.I want to know if this can have any adverse impact on my GC process.
I plan to use AC21 to move into a bigger org after Jan. Please let me know in case you have any info on the above. Also once I use AC21 and move to a diff org does my GC process have anything to do with my current employer?
Would definitely appreciate answers to the above..
Do not switch employer before audit is over. Under PERM rules, an approved LC can be revoked within one year. If your LC is revoked, you lose your I140 and I485 as well. AC21 is not going to save you here.
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desi3933
05-06 05:27 PM
....
....
4) In February 2009, Firm C merges with Firm F to form Firm E, of which I am now a part.
....
....
Firm E should have filed for the latest I-140 amendment. Any reason, why this was not filed?
_________________
Not a legal advice.
....
4) In February 2009, Firm C merges with Firm F to form Firm E, of which I am now a part.
....
....
Firm E should have filed for the latest I-140 amendment. Any reason, why this was not filed?
_________________
Not a legal advice.
more...
Hopeful1
06-02 12:16 PM
will be glad to help.
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pdakwala
08-24 03:50 PM
hi,
Here is my situation. eb3 labor/gc process started in dec 02.
married in 2005. applied for 485 in june 07.
wife has been in depression since march, and recently psychotherapy sessions have revealed that its a case of "hidden personality". she is not interested in marraige/family life and wants to pursue a strong career and be independent. Since she has had a previous "self mutilation" incident in life, psychiatrist is advising me to let her go or she could spiral down more into something more disastrous.
problem is, her family is not ready to accept this and they just pushing her to rethink, make it work etc. so wife doent want to go back and wants to continue to live & make career in US. Due to difficulties with getting H1 nowadays, im ok with keeping her dependent till GC comes and then think of legal seperation (divorce in india / US -whatever is needed). Since she seeks independence she is guilty to take my gc, and i think she will try her best to get herself a h1 next year. but i dont know where this will end.
after GC, if there is seperation will derivative spouse get to keep her GC? is there some standard "soaking" period during which she cannot untie the relation. ?
Pls advice.
You help someone when they need help. My friend; it does not take much time to break something but takes lot of time and effort to build something.
Your wife needs your help so help her. Don't let her go. Things like this happen. You both take a walk every day. Take few days vacation every month. Talk to her as much as you can. Admire nature. If she wants to do something on her own, let her do. You support her. Make sure you don't put your name in it. Let her be the entity of everything. Things will fall in its place.
Cheers
Here is my situation. eb3 labor/gc process started in dec 02.
married in 2005. applied for 485 in june 07.
wife has been in depression since march, and recently psychotherapy sessions have revealed that its a case of "hidden personality". she is not interested in marraige/family life and wants to pursue a strong career and be independent. Since she has had a previous "self mutilation" incident in life, psychiatrist is advising me to let her go or she could spiral down more into something more disastrous.
problem is, her family is not ready to accept this and they just pushing her to rethink, make it work etc. so wife doent want to go back and wants to continue to live & make career in US. Due to difficulties with getting H1 nowadays, im ok with keeping her dependent till GC comes and then think of legal seperation (divorce in india / US -whatever is needed). Since she seeks independence she is guilty to take my gc, and i think she will try her best to get herself a h1 next year. but i dont know where this will end.
after GC, if there is seperation will derivative spouse get to keep her GC? is there some standard "soaking" period during which she cannot untie the relation. ?
Pls advice.
You help someone when they need help. My friend; it does not take much time to break something but takes lot of time and effort to build something.
Your wife needs your help so help her. Don't let her go. Things like this happen. You both take a walk every day. Take few days vacation every month. Talk to her as much as you can. Admire nature. If she wants to do something on her own, let her do. You support her. Make sure you don't put your name in it. Let her be the entity of everything. Things will fall in its place.
Cheers
more...
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nozerd
01-28 12:00 PM
Isnt GC for future job ??? I think as long as employer is Ok with transfering you to old state where LC is filed after getting green card you should be fine.
Another curve ball is what you remotely work on location X projects from location Y in another state. If LC is filed in location X is that still ok ?
Another curve ball is what you remotely work on location X projects from location Y in another state. If LC is filed in location X is that still ok ?
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masterji
08-24 12:06 PM
My situtation same as yours (without the GC :D). I will be traveling India this December. I have valid H1B (not stamped) and AP expiring on October. Do you recommend me to get H1B stamped in India and not worry about AP (in that way I can save money) and enter as H1B from India. What will happen if my GC gets approved when I am in India? Will I be able to enter with H1B without AP? Thanks.
My 485 was approved while I was in Europe last week. I have a valid AP and H1. Entered US through Newark yesterday - went to the permanent resident queue. Told the officer my situation - showed him H1 and the 485 approval print out from uscis website. He wanted to make me enter on a H1. I then showed him my AP, on which he said I had to go "downstairs". (I have had AP since september last year, had never used it earlier though I have had multiple trips since then. Preferred to use H1).
Went downstairs for secondary inspection. My 485 approval print out was not part of the "package" left on the officers desk by the escort.
When called by the officer, I showed him the print-out. The officer was a nice person - said "you're throwing so much stuff at me. You have a valid AP, a valid visa and now you say you have a GC too?". Anyway - he looked through the system - and said "yes, you are a permanent resident - congratulations !". Tore away the white I-94 form which I had filled just in case, stamped the passport with the date and wrote "LPR" where they usually write "H1B" and that was it. Took about 20 minutes out of which 15 minutes was waiting for the officer.
Hope this helps somebody.
My 485 was approved while I was in Europe last week. I have a valid AP and H1. Entered US through Newark yesterday - went to the permanent resident queue. Told the officer my situation - showed him H1 and the 485 approval print out from uscis website. He wanted to make me enter on a H1. I then showed him my AP, on which he said I had to go "downstairs". (I have had AP since september last year, had never used it earlier though I have had multiple trips since then. Preferred to use H1).
Went downstairs for secondary inspection. My 485 approval print out was not part of the "package" left on the officers desk by the escort.
When called by the officer, I showed him the print-out. The officer was a nice person - said "you're throwing so much stuff at me. You have a valid AP, a valid visa and now you say you have a GC too?". Anyway - he looked through the system - and said "yes, you are a permanent resident - congratulations !". Tore away the white I-94 form which I had filled just in case, stamped the passport with the date and wrote "LPR" where they usually write "H1B" and that was it. Took about 20 minutes out of which 15 minutes was waiting for the officer.
Hope this helps somebody.
more...
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morpheus
07-23 11:53 AM
I was thinking that maybe you can make some form of contract with the person who gets your money (trustee) on condition once you get a GC to be able to restore the money from him/her. Do you think that would work?
The USCIS can and does find people with homebased businesss (aka unauthorized employment). You can't work on an H4, and at some point you either have to report the income somewhere (and the USCIS will see it on your W2) or you have to evade taxes. Either approach is illegal and trying to hide the money or the reality of the situation is foolish. People have been trying schemes like this for many years. The USCIS isn't stupid.
I know several doctors who created corporations and then sponsored themselves for GC without problems.
It is difficult, if not impossible for computer professionals to sponsor themselves for a green card using their own company. Such a filing can be rejected at labor cert or at the I-140 stage. At labor cert, the DOL will challenge you that the job is not open to US citizens, since small companies don't usually hire people to replace their founders. Also, since the immigrant themselves can have no role in the hiring, it becomes even more complicated when it is a one person company. I doubt such an application would even make it through the PERM process.
At the I140 stage you would have multiple problems. The first is ability to pay. The second, according to 8 C.F.R. 213a.2(a)(2)(i)(C), an immigrant with a "significant ownership interest" in the company comes under extra scrutiny. The USCIS implementing regulations define "significant ownership interest" as five percent or more. There have been plenty of court cases where people founded corporations to sponsor themselves and the USCIS rejected their green card applications. I can't remember the names off-hand but if you Google the topic, you will find the US courts have dealt with exactly this issue and rejected it as a way to receive a green card. Doctors may get off lightly under a different law (I don't know), but for the rest of us, it is not a realistic option.
Morph
The USCIS can and does find people with homebased businesss (aka unauthorized employment). You can't work on an H4, and at some point you either have to report the income somewhere (and the USCIS will see it on your W2) or you have to evade taxes. Either approach is illegal and trying to hide the money or the reality of the situation is foolish. People have been trying schemes like this for many years. The USCIS isn't stupid.
I know several doctors who created corporations and then sponsored themselves for GC without problems.
It is difficult, if not impossible for computer professionals to sponsor themselves for a green card using their own company. Such a filing can be rejected at labor cert or at the I-140 stage. At labor cert, the DOL will challenge you that the job is not open to US citizens, since small companies don't usually hire people to replace their founders. Also, since the immigrant themselves can have no role in the hiring, it becomes even more complicated when it is a one person company. I doubt such an application would even make it through the PERM process.
At the I140 stage you would have multiple problems. The first is ability to pay. The second, according to 8 C.F.R. 213a.2(a)(2)(i)(C), an immigrant with a "significant ownership interest" in the company comes under extra scrutiny. The USCIS implementing regulations define "significant ownership interest" as five percent or more. There have been plenty of court cases where people founded corporations to sponsor themselves and the USCIS rejected their green card applications. I can't remember the names off-hand but if you Google the topic, you will find the US courts have dealt with exactly this issue and rejected it as a way to receive a green card. Doctors may get off lightly under a different law (I don't know), but for the rest of us, it is not a realistic option.
Morph
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gc_check
10-05 05:14 PM
I received ANOTHER finger printing notice just for me saying "The FBI was unable process your finger print card. In order for the USCIS to continue processing your application, it will be necessary to have your prints retaken."
Is there a way I can ensure that this time it gets done correctly? Bunch of idiots we have working at the USCIS local offices!! I gave my first set of prints on Sep 25th and already there is a problem!
Has anyone been in the same boat before?
Have heard this before, A friend of mine, had to take FP atleast 3 times, before she got her card, Reason her hands were too soft/plain and the finger prints were not captured correctly for analysis.
Is there a way I can ensure that this time it gets done correctly? Bunch of idiots we have working at the USCIS local offices!! I gave my first set of prints on Sep 25th and already there is a problem!
Has anyone been in the same boat before?
Have heard this before, A friend of mine, had to take FP atleast 3 times, before she got her card, Reason her hands were too soft/plain and the finger prints were not captured correctly for analysis.
more...
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NNReddy
11-07 05:04 PM
If the total punishment for the charge levelled against you is less than a year, then it won't effect your immigration. If it is one year, then it will effect immigration. Try to lower it down Misdemanor B or C. That way you can decrease the totat punishment.
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Angry White Male
02-02 11:06 PM
I like your predictive question :D :D American goods? Have you seen those trash cars? Ludicrously expensive and little value. Given the life style, 80% of the folks in this country would not be able afford anything if that happens. Express pathway to 3rd world.
Does express pathway to 3rd world include Indians using fake resumes to get jobs?
Did I tell you that the Internet was invented by Americans are not by Indians?
Indians are idiots who cannot use computers (did the writer of the software for this discussion forum come from India? I didn't think so.)
Does express pathway to 3rd world include Indians using fake resumes to get jobs?
Did I tell you that the Internet was invented by Americans are not by Indians?
Indians are idiots who cannot use computers (did the writer of the software for this discussion forum come from India? I didn't think so.)
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deba2k
10-28 07:03 PM
Hi
My friend got Finger printing notice .he has 6yr old son who has not got Fp notice.so kids under 14yrs get Fp or no.any response rgdng this is greatly appreciated.
My friend got Finger printing notice .he has 6yr old son who has not got Fp notice.so kids under 14yrs get Fp or no.any response rgdng this is greatly appreciated.
desigirl
04-01 02:31 PM
Is IVs advocacy effort going to get all visas captured & get me Green Card any faster - I don't think so..
NO - we are contributing to support IV core in it's initiative. I try to support someone if they are "trying" to help someone with no selfish motive - like donating to earthquake victims.. donating in temple.. donating to charity..
If you are comfortable with "trying", then IV is "trying" to get the visas recaptured and get you the green card faster.... Any organization that can promise you a guaranteed result in the GC matter, is out to pull the rug on you.... I don't know what "selfish motive" IV has for helping us or for collecting money, you must elaborate, I certainly don't see logic in it........
Your contribution to earthquake victims - also works under the blanket of "trying" to help - in fact you really will never know how specifically your donation helped and who it helped. But it is the "cause" that you are donating to, and it is a noble one. Donating to a temple, again an individual choice, but who is the temple helping?
As another member pointed out, IV is a non-profit organization not a charity organization. Even if no differences existed between the two (it does), both need money to function.
I am not a donor member, I donate when I can, and I am happy doing what I do.....
NO - we are contributing to support IV core in it's initiative. I try to support someone if they are "trying" to help someone with no selfish motive - like donating to earthquake victims.. donating in temple.. donating to charity..
If you are comfortable with "trying", then IV is "trying" to get the visas recaptured and get you the green card faster.... Any organization that can promise you a guaranteed result in the GC matter, is out to pull the rug on you.... I don't know what "selfish motive" IV has for helping us or for collecting money, you must elaborate, I certainly don't see logic in it........
Your contribution to earthquake victims - also works under the blanket of "trying" to help - in fact you really will never know how specifically your donation helped and who it helped. But it is the "cause" that you are donating to, and it is a noble one. Donating to a temple, again an individual choice, but who is the temple helping?
As another member pointed out, IV is a non-profit organization not a charity organization. Even if no differences existed between the two (it does), both need money to function.
I am not a donor member, I donate when I can, and I am happy doing what I do.....
glamzon
07-24 11:19 AM
Good Info
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