Sunday, July 3, 2011

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  • ras
    03-01 10:16 AM
    A friend of mine has asked me to join in starting an IT training business in a densely populated Indian business area (California). The thought process is that there may be many people who have been laid off and may be wanting to learn new technologies. There are no gotchas of luring students for H1/GC etc. The primary reason is that we are experts in Microsoft technologies and we just want to impart training in this domain. However, in these hard economic times few friends have asked us to rethink about this proposition. There are 1 or 2 training institutes around, but we feel we have edge over others in few ways. And we are not eying for a big market share.

    Further to it, we want to launch other products once the training is established.we were just looking for a platform. We feel the training will give us that platform.

    Unlike other training organizations who propose free training and then H1/GC etc, we just intend to impart training and that's it no strings attached.

    Plain simple if you could give a honest opinion on this business proposition that would be great. Proposing this topic to analyze argue and know the others perspective.

    This is just to solicit feedback and analyze a startup option and please do not jump guns on saying that this is going to be a bodyshopping company then will recruit H1 etc.




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  • martinvisalaw
    01-26 10:37 AM
    He is out of status if the L-1 employer no longer exists or he is not working for that company. If the position still existed, he would be maintaining status even though the L-1 I-94 has expired, if the extension was filed before the I-94 expired. However, the issue isn't the late filing of the extension, it's the fact that he is not working for the company and really had no basis for filing an extension.

    Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.




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  • arti.jain
    11-10 02:57 PM
    Actually i went ahead and contacted an attorney for L1A extension under premium processing, so that should be done soon.
    That would take care of DLs as well, as i would get the extension decision by the expiration of DL(s).
    Attorney advised to wait for EAD extension for my wife till L1/L2 gets done, as EAD is still valid for some time. And in my case its not being used so i am fine.

    Best to




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  • indianabacklog
    09-26 04:02 PM
    Does anybody know what the fees are for filing EAD (yearly) extensions if you filed for EAD, 485 before August 17.

    Thanks,

    $340.

    It is listed on the USCIS website beside the link for the I765 form.



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  • searchGreen
    02-15 08:43 PM
    Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". Isn't the word "equivalent supposed to mean closeby or related as electronics engineering that we had was more like computer engineering

    1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
    continue to stay and work in US for the next 3 years of an approved H1B extension.
    2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak

    Appreciate advice.




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  • Nil
    07-09 07:46 AM
    One cannot work on H4.
    i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.



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  • rajenk
    06-15 04:24 PM
    As you have said, try to prepare all documents to prove that your project will be lasting for 3 more years. That should help you getting a 3 year extension.

    Good luck




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  • seanl
    08-07 03:22 PM
    I received an RFE that put my I-485 on hold,

    "In order to process your application further you will need to submit the following:

    1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.

    OR

    2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.

    Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."

    I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).

    I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
    status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?



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  • Vikas_088
    03-08 02:37 AM
    Nice CONCEPT!!
    It�s a combination of Text Design + Game

    I found �Vikrant� in this Cross Words Game. Seems like it�s your name.:bear:




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  • ramaonline
    01-12 12:56 AM
    eb2 requires bachelors plus 5 years experience or masters plus 0 years
    the experience must be gained prior to joining the gc filing employer if presently working for that employer

    The job description determines the EB2 eligibility - what are the requirements mentioned on the job desc?



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  • imhrb
    01-06 07:25 PM
    And yeah, it was called "Special Registration" and it was introduced towards the end of 2001 I think.




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  • kumaabh
    01-12 06:35 PM
    Gurus,
    Please advice. THis is urgent. Here is my situation.

    I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
    What are my options now?
    Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
    Please please help. I am very tensed.



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  • indyanguy
    08-17 04:30 PM
    Thanks for your reply. What does DMV care about to decide till when the license will be valid?

    1. H1 visa on the passport
    2. H1 approval notice
    3. Can I show them the AP?




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  • 485user
    11-19 10:10 AM
    Thank you for your info.

    My lawyer saying he did not receive, CIS said they sent mail on Aug 22nd. I now my lawyer is playing game. One more thing my son got Receipt number allocated but they did not generate receipt physically and FP was done on Oct 9th. I am seeing all the information in CIS web site. Last week i spoke to another lawyer she in this situation we have to re-file with write up. My lawyer scrued my life man. I am waiting for new lawyer response.

    Did you re-file? if yes, how did you re-file?

    Thanks
    Kishore



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  • Alabaman
    02-11 11:26 AM
    this is what i think... i am no expert.

    wait until you get ur SSN before you file.
    you would have to file 2009 as F1 (so 1040NR) NR meaning non resident.
    2010 onwards you file as a resident (for tax purposes) so that means you file regular 1040.

    Have you ever filed a tax return before? If so do you havean ITIN (in lieu of SSN)?




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  • upendra
    07-09 12:46 PM
    Hi ,
    I got a RFE for medical which I replied immediately and the current status shows
    "we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done"

    My PD is not current by the time I got RFE and don't expect it to be current in near future too.
    Now, my questions :
    1. Does USCIS send a snail mail with in 60 days regarding the status of my application?
    2. Is it fair to assume that my case is preadjudicated If I don't get any further RFE's with in 60 days ?

    Thanks in advance !!!!!!



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  • QuickGreenCard
    10-25 06:06 PM
    Hi all,

    I have a peculiar situation. I have applied for H1b and got approval notice. But when I went to apply for SSN for employment, the SSN employees could not find the new approved status in their system. Their system only shows my previous US entry status, H4.

    They have accepted my application by marking it as SUSPECT in their system, meaning that they forwarded my application to USCIS for verification of my H1B approval status.

    They said that it could take anywhere from 1 week to 4 weeks for verification. Does anyone run into this situation??

    Please post your experiences.......

    Last but not the least:
    When I checked my H1B status on USCIS website it still shows that the application has been received and is still pending, eventhough I have the approval notice sent by them....

    Do we need to do anything to let them know that the status hasnt been updated in their online system??


    Thanks for the help.........




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  • babu123
    11-15 03:50 PM
    Based on this information, dates wont move until next summer.
    I am just off by 16 days. This is really crap...




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  • GC20??
    07-30 05:02 PM
    Can you elaborate the process for infopass?

    I tried and got mine but when I tried to get an appt for my wife I got a message saying I cannot schedule an appointment.
    if not allowing using EAD receipt, book appointment with I-485 receipt. At counter yo can ask EAD question.




    abc
    06-07 05:53 PM
    Can anyone tell when will EB3 India crossover to May 2001 from April 2001 without any new law.




    amoljak
    03-28 08:14 AM
    Its hard to believe that she represents California... This is just adding insulst to injury...

    We should investigate any 527 orgs that are against her and get their help to run advertisements which highlight her bias agaist educated people.

    We have to keep stressing how anti-education, anti-hi tech she is.



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