Friday, June 10, 2011

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  • ashkam
    04-04 02:05 PM
    I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.

    Is there any risk involved here and if so, please let me know

    Thanks in Advance

    Why do you have to wait for your wife to be on F1 before changing to EAD? Even if you use your EAD now, she will still be in valid AOS status.




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  • Jen2010
    12-06 04:55 PM
    Dear BimmerFan,
    Thank you very much for sharing your experience !!

    I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.

    The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.

    Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.

    I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??

    Do you think I should pay an attorney ? of it is okay to do it independently ?

    I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.

    Please advise,

    Thanks !!!




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  • anurag
    02-12 02:13 PM
    Jonty,

    But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?

    Regards,
    Anurag




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  • matreen
    09-05 05:40 PM
    Please don't give incorrect answers.

    All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

    The main difference in these corp types are
    1. How much record keeping is done
    2. The way taxes are computed and filed with IRS
    3. The kind of expenses allowed to deduct
    4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

    For S-Corp, the shareholders must be Permanent Resident or US Citizen.

    I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


    ____________________________________
    Proud Indian American and Legal Immigrant

    Thanks, nice reply.

    Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?

    If I go with C-Corp, shall I liable to $800 as well, any ideas??

    What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.

    Thanks in advance.



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  • OLDMONK
    07-08 08:44 PM
    You don't have to. But if your case is straight forward files last 3 w2's. If you did have some out of status time or lower than usual wages in recent years, just file the most recent one + 3 paystubs.

    My point is why conceal details if you are ok. Filing before an RFE might preempt RFE.

    Being a stright foward case help USCIS decisions a big way, I have personally experienced this at my 140 stage.




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  • nozerd
    12-04 07:32 AM
    Yeah, Id sure be interested in your line of work

    $ 92/hr * 40 hrs/wk * 52 wks/yr = $ 191,360.

    If you have been working since 5 yrs thats enoughh revenue to get investment based GC :)

    Best of luck



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  • krupa
    04-08 04:39 PM
    I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)

    Krupa




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  • ab_tak_chappan
    08-13 12:51 AM
    looks like vldrao got his GC and took a hike ;)



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  • belmontboy
    01-20 01:27 PM
    1. Ravi Venkatesh
    2. Rani Swami
    3. Hema Prabhu
    4. Dayal Sharma
    5. Chin Chu
    6. Dang Wang

    These are some of the people I am proud of who are EB-3. Are you proud of them too ?

    Adding to the elite list:
    7. Ding Dong
    8. Ping Ping
    9. Sing Sing
    10. <unknown firstname> EB3GCWalla




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  • bkshres
    01-23 04:21 PM
    Sorry for little confusion.
    What I mean was,
    - I filed I-485 for me and my wife
    - then after 180 days I switched to a new company with H1B transfer.
    - So, I am still in H1B status.
    - But my wife (secondary applicant) is using EAD based on I-485 and working.

    Which means we used AC21 for portability of our I-140 and I-485 cases.
    Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
    So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?



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  • redddiv
    07-11 08:03 AM
    i liv ein boca raton




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  • logiclife
    01-25 04:56 PM
    TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.

    :D :D :D

    That's hilarious.

    But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.

    One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.

    Secondly, their content is becoming like a tabloid's content would be.



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  • breddy2000
    09-18 07:43 AM
    I would say, if the intent to migrate is for GC, then the best option is come here as Nurse, as a schedule A worker.
    They do get the GC very fast.I know one of my frnd who did this.
    He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
    I do not know if any other details apart from this.




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  • GooblyWoobly
    07-18 07:00 PM
    read the last paragraph of the link you posted

    Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.

    Thanks. Clear as day!! This sucks.

    This meand all the people here filing in July will have to shell out 340$ for EAD and 305$ for AP each year.

    Can someone answer Q2?



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  • trueguy
    12-11 06:24 AM
    China EB3 also didn't recieve the fair share (as per the law) of annual quota.

    Looks like USCIS doesn't follow any rules whatsoever. They do whatever they like and nobody question them.




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  • yanj
    12-14 12:18 PM
    ok



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  • rockets12345
    10-31 05:50 PM
    yes california service center didn't accept my H1B extension application and returned back saying we have to file it in Vermont Service Center that's what my Attorney told me if he is not lying. But the good thing is my EAD shows 10/10/2007 start date and my H1B expired on 10/11/2007.

    But I still am not using EAD and have sent my H extension to Vermont and hoping for good. So for some reason if they don't approve will use my EAD from that point. But will it cause any issues in future or on 485

    But lesson learnt is never hire cheap lawyers most of the time they don't know anything.

    Thanks




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  • gc007
    01-07 10:38 PM
    I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.

    These are just my thoughts. And I am not a layer.

    Have a great trip


    Thank you very much .




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  • inUSA2000
    01-31 02:11 PM
    Get your degree evaluated by WES http://www.wes.org. or http://www.trustfortecorp.com/cou_evaluations.html

    They will do a course by course evaluation and will let you know if your degree is equivalent to 4 year US degree. I am not sure if they will evaluate aptech one but try it out. Keep this copy with you and incase you get a RFE, answer it with this report. There is high chances that it will be approved.

    I am surprised how your attorney did not do this before submitting the application.

    GOOD luck




    pasupuleti
    07-05 12:37 PM
    Could someone with privileges update IV in the news Page?

    Thanks




    brb2
    08-09 11:14 PM
    It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.

    With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.



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