sangmami
08-16 10:56 AM
i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
Thanks.
Thanks.
nixstor
04-08 10:18 AM
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..
morchu
05-29 02:30 PM
1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
Hi,
1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?
2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?
3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?
Thanks.
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
Hi,
1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?
2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?
3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?
Thanks.
abhijitp
02-15 02:17 PM
People,
I am proud of my 4 year old girl. She has written a letter to the President. When a 4 year old can write , we have 25k adult members and only about 500 of them have sent letters! Why ?
Here is my little girl's letter:
http://h1.ripway.com/likefree/4yearoldlettertoPresident.pdf
If we can't do this simple task, how can we expect the govt. to change laws for us ?
I understand, you are reading this post, but don't have a printer at home to print ? Ok, now open hotmail , gmail or yahoo mail, compose a mail to your work address. Just add this word document, and send a email to your work email address with the word document attached. when you see this email at work, just print 2 copies of the attachment, thats all you have to do.
Download the document from here:
http://h1.ripway.com/likefree/LettertoPresident.doc
I have made it simple enough, just write you name/address/ phone etc at the end.... you are all set. Is this hard ? Will it take more than 5 mins ?
Lets set a goal for next week. 10k letters by next week. Lets show our support to IV which is doing a phenomenal task.
Here is a link with more letter templates:
http://immigrationvoice.org/forum/showthread.php?t=16506
Broken Immigration System: (if some one can rotate this file please let me know!)
http://h1.ripway.com/likefree/BrokenLegalImmigrationSystemt.pdf
Kudos to you & your 4 year old! THANK YOU!
I am proud of my 4 year old girl. She has written a letter to the President. When a 4 year old can write , we have 25k adult members and only about 500 of them have sent letters! Why ?
Here is my little girl's letter:
http://h1.ripway.com/likefree/4yearoldlettertoPresident.pdf
If we can't do this simple task, how can we expect the govt. to change laws for us ?
I understand, you are reading this post, but don't have a printer at home to print ? Ok, now open hotmail , gmail or yahoo mail, compose a mail to your work address. Just add this word document, and send a email to your work email address with the word document attached. when you see this email at work, just print 2 copies of the attachment, thats all you have to do.
Download the document from here:
http://h1.ripway.com/likefree/LettertoPresident.doc
I have made it simple enough, just write you name/address/ phone etc at the end.... you are all set. Is this hard ? Will it take more than 5 mins ?
Lets set a goal for next week. 10k letters by next week. Lets show our support to IV which is doing a phenomenal task.
Here is a link with more letter templates:
http://immigrationvoice.org/forum/showthread.php?t=16506
Broken Immigration System: (if some one can rotate this file please let me know!)
http://h1.ripway.com/likefree/BrokenLegalImmigrationSystemt.pdf
Kudos to you & your 4 year old! THANK YOU!
more...
beautifulMind
10-08 01:01 PM
Anybody else know more on this topic
Thanks
Thanks
masti_Gai
11-07 12:43 PM
Just write a letter addressing the Immigration Officer stating that you reside in xyz area, work for ABC company and you take all the responsibilities like boarding , lodging and traveling expenses of your parents.
Do give them your phone no. so that they can call you and verify in case if they want to.
That would suffice:)
Do give them your phone no. so that they can call you and verify in case if they want to.
That would suffice:)
more...
radhay
08-21 04:33 PM
Hi, I am in the exact same situation. USCIS approved my H1B but didn't issue I-94. Along with the H1B approval letter there was explanation why they can't issue me 'H1B status' and also suggesting me to leave country and apply for H1B visa at the consulate using the approved petition.
I didn't leave the country as my lawyer suggested this is a matter of grey area and every thing rests on Immigration's officer's interpretation and judgement. Didn't want to take chance.
The solution? we filed 'nunc-pro-tunk' petition with the proof that it was a honest mistake on part of employer and I shouldn't be penalized for that. Now I am waiting for the USCIS decision.
I have an EAD and pending 485 so I am continuing to work. In your situation if you have 485 pending/EAD you shoud be OK.
I didn't leave the country as my lawyer suggested this is a matter of grey area and every thing rests on Immigration's officer's interpretation and judgement. Didn't want to take chance.
The solution? we filed 'nunc-pro-tunk' petition with the proof that it was a honest mistake on part of employer and I shouldn't be penalized for that. Now I am waiting for the USCIS decision.
I have an EAD and pending 485 so I am continuing to work. In your situation if you have 485 pending/EAD you shoud be OK.
insbaby
02-04 07:44 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped “Certified True Copy” with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped “Certified True Copy” with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
Don't worry too much. H1Bs are not required to show proof to return to home country or at least the consulates won't worry too much about it. The care about your education, skills and their validity.
The visa is for work purpose and you will be out of status once it expires, and that will cause too much trouble if you overstatyed.
There is no "Certified True Copy", all of them have numbers taged and they can verify things internally.
Just take what you have been given by your employer/lawyer to the consulate, and you will get it without much headace.
Good Luck.
Don't worry too much. H1Bs are not required to show proof to return to home country or at least the consulates won't worry too much about it. The care about your education, skills and their validity.
The visa is for work purpose and you will be out of status once it expires, and that will cause too much trouble if you overstatyed.
There is no "Certified True Copy", all of them have numbers taged and they can verify things internally.
Just take what you have been given by your employer/lawyer to the consulate, and you will get it without much headace.
Good Luck.
more...
hate_me
03-18 12:05 PM
Cool, so thats it, its best to wait for an rfe and respond when you recieve it, if at all
actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.
actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.
nixstor
11-01 03:43 PM
My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?
Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.
Can you request your brother to sign up on IV after his work at his facility? Every member counts!
Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.
Can you request your brother to sign up on IV after his work at his facility? Every member counts!
more...
MerciesOfInjustices
10-06 09:44 AM
IV makes a public announcement of its advisory board today. These advisors have been associated with Immigrationvoice for quite some time and we have decided to make the names public after they gave us permission to make their information public.
Thanks to all the advisors - you have made us feel hopeful about this country! Thanks for laying it on the line for some faceless aliens - I promise that your support will bring a lot of returns to the USA as well as all of us!
Thanks to all the advisors - you have made us feel hopeful about this country! Thanks for laying it on the line for some faceless aliens - I promise that your support will bring a lot of returns to the USA as well as all of us!
Lok_sumi
07-24 02:57 PM
You can file 2 applications. It's likely that they will not issue two Advance Parole and EAD applications to each of you. At some point down the road USCIS will make you choose which application to pursue to completion.
more...
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
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
LC2002
07-10 12:11 PM
I mailed my EAD renewal (Paper filing) with priority mail on 06/23/08 and was received at TSC on 06/26/08 but check has not been en-cashed yet and obviously no receipt. Any body in similar situation? Wanted to know how long it should take get receipt.
more...
humsuplou
03-09 12:28 PM
I know that with H1-B, one is not supposed to run his/her own business. But how about with EAD?
Pineapple
05-02 03:34 PM
Letter to USA Today (Published today)
-------------------------------------
Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.
After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.
But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.
If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?
That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?
Betty Innemee
Livingston, N.J.
--------------------------------------------------------------------------
Web Link:
http://www.usatoday.com/printedition/news/20060502/letad02.art.htm
Looks like another potential IV member, if she could be contacted.
-------------------------------------
Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.
After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.
But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.
If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?
That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?
Betty Innemee
Livingston, N.J.
--------------------------------------------------------------------------
Web Link:
http://www.usatoday.com/printedition/news/20060502/letad02.art.htm
Looks like another potential IV member, if she could be contacted.
more...
Roger Binny
09-22 06:23 PM
Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.
Your EB3 applicaiton will not be affected by this new application.
The whole process upto I-140 may cost $10k-15k
Last point, is not correct, it doesn't cost 10-15k for your company, may probably around 5-6k.
Your EB3 applicaiton will not be affected by this new application.
The whole process upto I-140 may cost $10k-15k
Last point, is not correct, it doesn't cost 10-15k for your company, may probably around 5-6k.
vin13
03-09 05:18 PM
Hi,
Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.
Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.
Please help!!
As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.
Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.
Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.
Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.
Please help!!
As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.
Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.
meridiani.planum
12-31 02:07 PM
Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.
People come to IV because they think that there are some good people who would suggest and help.
And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.
And IV is an org and it at their wish and will of individual whether to contribute or not.
so please do not force any one.
Good luck to you.
Eric S Raymond (ESR to all open-source aficionados) wrote a very interesting article (well, its almost a thesis) on the topic of asking questions on a mailing list:
http://www.catb.org/~esr/faqs/smart-questions.html
Most of it applies to technical forums and mailing lists, but I think the first section (linked below) also applies to IV:
http://www.catb.org/~esr/faqs/smart-questions.html#before
As we get past Jan 2nd (the ~180 day mark for July filers), everyday we see three or four threads from people asking the same questions on AC-21. A simple Google search (or even the nice search-threads option on this forum) would have helped those people. Two things from that ESR article that I wish all posters understood:
When you ask your question, display the fact that you have done these things first; this will help establish that you're not being a lazy sponge and wasting people's time.
Never assume you are entitled to an answer. You are not; you aren't, after all, paying for the service. You will earn an answer, if you earn it, by asking a substantial, interesting, and thought-provoking question � one that implicitly contributes to the experience of the community rather than merely passively demanding knowledge from others.
People come to IV because they think that there are some good people who would suggest and help.
And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.
And IV is an org and it at their wish and will of individual whether to contribute or not.
so please do not force any one.
Good luck to you.
Eric S Raymond (ESR to all open-source aficionados) wrote a very interesting article (well, its almost a thesis) on the topic of asking questions on a mailing list:
http://www.catb.org/~esr/faqs/smart-questions.html
Most of it applies to technical forums and mailing lists, but I think the first section (linked below) also applies to IV:
http://www.catb.org/~esr/faqs/smart-questions.html#before
As we get past Jan 2nd (the ~180 day mark for July filers), everyday we see three or four threads from people asking the same questions on AC-21. A simple Google search (or even the nice search-threads option on this forum) would have helped those people. Two things from that ESR article that I wish all posters understood:
When you ask your question, display the fact that you have done these things first; this will help establish that you're not being a lazy sponge and wasting people's time.
Never assume you are entitled to an answer. You are not; you aren't, after all, paying for the service. You will earn an answer, if you earn it, by asking a substantial, interesting, and thought-provoking question � one that implicitly contributes to the experience of the community rather than merely passively demanding knowledge from others.
morpheus
07-12 12:35 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.
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
Springflower
04-15 03:56 PM
Enjoy the flexibility and the freedom GC provides.
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