Sunday, June 12, 2011

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  • a_yaja
    12-29 11:49 AM
    so you can setup your own LLC. start hiring people?
    You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
    1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
    2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage

    If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.

    I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.

    Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(

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  • GC_1000Watt
    12-09 05:40 PM
    sorry didnt see the last 2 lines of your post starscream....

    i will talk to some lawyers and hopefully get some answers.

    my company said the appeal will take atleast 6-7 months nowadays...

    i can work till then without issues.

    Hi Sid,
    Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.

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  • uslegals
    11-11 07:07 PM
    I would appreciate any advice whether E-filing is eligible for folks have I-485 case pending.

    Thanks !

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  • gcisadawg
    07-29 07:36 AM
    I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.

    The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.

    My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.


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  • muthukmk
    08-03 04:14 PM
    Hi All,

    I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.

    Just for information, my I140 was approved after I had applied for 485


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  • a_yaja
    10-07 01:47 PM
    My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.

    My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.

    But my question my I94 is expired on 9/30 then what is my current staus.

    thanks in advance.

    You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.


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  • zeal2005
    02-28 05:07 PM
    I work in Health Insurance domain so if you need help in understanding the technical terms, may be I can help.

    Kaiser Permanente mght be a good option if you are buying at individual level. I am not sure if they provide services in TN but if they do, then I would go for it. It is a HMO plan but KP hospitals provide reasonably good services at reasonable price in California.

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  • sundar99
    02-18 01:14 PM

    Our recent exp :

    My wife got her DL renewal in Jan, she teaches @ Univ of Calif as Asst Prof , on H1 visa - she is on 6th year, they did not ask any questions, we got extremely courteous service from DMV. She got 5 years renewal


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  • sivakumar
    01-25 09:06 AM
    Hello everyone,
    I went online to check the status of my I-485 and it displayed me the following message


    Current Status: Document mailed to applicant.

    On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    What does it mean? Does it mean that I-485 is approved.

    Pls guide.

    call customer service as it says they will tell you exactly waht happened

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  • stucklabor
    02-24 05:21 PM
    Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%

    That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!

    Am I reading it right?

    I believe that the visas made by cannibalizing EB1 and EB2 will go to the EB unskilled worker category. It would be terrible if the quota is not increased, if advanced degree+3 year people are still subject to the quota, but if the visas are reallocated.


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  • anandrajesh
    12-18 10:40 PM
    bumping this back up
    MN members, please post here and join us
    we have only 9 people so far
    there are surely more of us

    Are we gonna have a concall sometime soon to discuss?

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  • bijualex29
    07-19 10:36 AM
    I do not think that it applies to new EAD, it only for renewing the EDA card


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  • sunnymit
    08-10 04:32 PM
    A question on consular processing vs I-485. She already has a tourist visa. Also since she is deriving her green card status from mine, her priority date is current. Could she come to US on her tourist visa and we file for I-485 here instead of doing consular processing?



    I don't think that it works that way. I believe she needed to be in US already on a visa that is not short term - perhaps H4 or F1 or something. I am not too sure though. You should consult with a lawyer prior to taking any action on this one

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  • gcnirvana
    04-05 06:54 PM

    Its up but not running (I meant the numbers) :D


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  • lazycis
    11-29 04:00 PM
    United States Code
    TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
    (j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

    So the 180 days count starts from the I-485 RD. Not even notice date.

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  • sweet_jungle
    12-12 10:51 PM
    Wife's EAD changed to "card production ordered", after a tiresome wait of almost 4 months. This was after 2 expedite faxes and 1 infopass.

    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.


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  • here4gc
    02-29 12:05 PM

    what is your PD ?

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  • virtual55
    05-08 04:35 PM
    guys please contribute to IV and make it easy for core team.

    Help yourself.

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  • trueguy
    08-11 10:53 AM
    Hi WillWin,

    Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..

    Please vote here for prior to 2004 cases;

    02-24 12:35 PM
    Truly amazing performance! For 13 yrs us Pakistanis were proud of Saeed Anwar's 194 record, but I have to say I don't mind at all that its finally broken by a class act that is Tendulkar. Definitely the best batsman of all time!

    08-15 12:09 AM
    Hi Gurus

    I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
    here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?

    thanks in advance

    Just because you applied for EAD does not mean that you need to enter on AP. You can still come back on your H1 stamp.

    its your personal decision based on your own goals/needs. If you intend to take up multiple jobs or your spouse wishes to work in a non-H1B type position, or stop working and then start working again without worrying about change of status (H1->H4->H1) then applying for EAD+AP would be helpful.

    If you want to maintain a backup, you can still apply (an approved EAD does not change your status, you need to actively use it). Applying after you get the receipt might be better (since USCIS can easily tie your case together).

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