Thursday, June 9, 2011

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  • chanduv23
    03-14 02:18 PM
    My project got over 2 weeks back and I have an EAD. I am looking for jobs and the market is very tight.

    So my suggestion - just don't relax because U can safely move jobs on EAD. Keep trying hard. AFAIK there is no difference in the interviewing process so keep trying hard for jobs





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  • ssingh92
    01-03 11:33 AM
    I asked a question regarding use of AP and received following response from Embassy of Belgium.

    Dear,
    As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
    Sincerely,
    Marijke Janssens

    Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.

    I booked my ticket in JetAirWays (better than Air India).





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  • dreamworld
    08-13 11:17 PM
    When we do dual filing with PERM...

    Can we transfer the PD of (approved : EB3 + I140 ) to PERM ( EB2 )?





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  • jonty_11
    11-08 12:59 PM
    If they never overstayed then USCIS has no case against them...get a lawyer to get them out..and then hire another lawyer to sue the USCIS. This is pure harrasment.



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  • shantanup
    04-08 12:17 PM
    This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.

    Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?





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  • gcpain
    07-24 03:30 PM
    Thanks for your info. Surely I am applying my new passport tomorrow. I am trying to call my attorney and left message. Still I did not hear back from him. My passoprt expires on August 05, 2007. My all applications mailed and are on the way to USCIS. I have option to recall my complete package only today. If I lose todays date then there will be no option.what should I do now?



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  • gemini23
    07-31 04:44 PM
    dont worry thats normal. when i was in florida, i always got a temp licence valid for 4 weeks. and then the actual renewed licence arrived within 3 weeks in mail .
    :)





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  • bigboy007
    05-30 11:11 AM
    I think then they go for a conference and agree upon a common point if not nothing is passed



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  • ashrock11
    01-08 09:06 PM
    Hi,

    Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?

    Thanks





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  • snathan
    06-07 01:03 PM
    I recently renewed my license in Oklahoma and was surprised to find out that on top of shorter expiration date, now my license has �TEMPORARY� written across it. This is new rule that OK is applying for non-residents and non-citizens. Has any body else gone thru similar experience? I am outraged that now I will be discriminated every where. DL is used on day to day basis and every body will question me, suspect me as to why �TEMPORARY� is written on my DL. Even DL office was not sure when this new rule was implemented, how come police officers, general public will know about it. I feel ashamed to even show my DL now. I�ll get hard time getting loans etc b/c people will think I may move out any time as I am here �Temporarily�

    Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.

    http://www.dps.state.ok.us/


    Why dont you check with attorney and take them to court. Just getting/being angry wont help.



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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.





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  • chapper
    07-19 10:56 AM
    Good Question - I'm also looking for an answer along these lines. We should work to find a solution
    Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.



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  • Vsach
    01-10 06:45 PM
    Core maintaining a low profie?;)





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  • stillhowlong
    01-19 05:55 PM
    As far as I know:
    if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.

    Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?



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  • santb1975
    12-08 11:13 PM
    until I started tracking some immigration debate's this year.





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  • ssksubash
    03-10 02:23 PM
    HI,

    Starting from Jan 2010 there are new rules for getting the prevailing wage info. The turn around time for this in worst case is 60 days. Do you happen to know if there is any way to expedite this.

    Also do we have to go through DOL to get this info or can we use any other means.

    Any information is highly appreciated.



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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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  • meridiani.planum
    06-20 12:18 PM
    I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married).

    Cant attend own brothers wedding because we are scared of the possibility of MAYBE getting a delayed visa stamping?? what kind of life is that? ....





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  • pinky001
    09-18 03:51 AM
    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately

    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately





    LondonTown
    05-23 12:21 PM
    Only one application is needed.

    I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.

    Your LCA's and I-129s end date should be the date after one year plus days to recapture.

    Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.


    Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
    Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
    Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
    Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
    I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
    Please help .





    willwin
    04-05 09:16 AM
    How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds

    Well, I am not sure how it works but my attorney assured me that it's all taken care. Looks like the recruitment can happen prior.

    Perhaps, the attorney team here on this forum can help us understand how this works.



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