wantMyGC
09-12 08:22 PM
Hello Attorney,
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
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gparr
June 14th, 2005, 03:16 AM
I use Canon gear, so am not much help with Nikon. However, my macro lens is the Sigma EX 105 and I think it is one of the best lens values available. I've owned it for a year now and use it more than any other of my lenses. Autofocus is slow, but I have yet to figure out why I'd want autofocus for macro work, so it doesn't matter. To get more reach, I'm seriously considering the new Sigma EX 150 macro. It is getting excellent reviews and images I've seen are as good as they get. I don't use any other magnifying techniques, so I can't offer any help with some of the other items you mentioned. Here's my current favorite shot with the Sigma macro.
Gary
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Gary
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cagcwait
02-09 08:12 PM
Hi Bee-- Great post clarifiying the IV cause. I am a volunteer for IV, but my labour is still pending at PBEC (Jul 2002 CA EB2 RIR). When we met the Congress Persons in Bay Area last week, we did talk about the labour certification backlogs. In fact, the immigration staff at both the places were aware of the labour backlogs (even though one of them didn't know about the retrogression). IV is representing the labour certification backlogs and asking for transparency in the backlog centers.
So All -- whether we are stuck in labour or retrogression -- Let's rally together. Please join IV and strengthen our representation.
There is very little time left. Let us join together and present a united front under IV.
cagcwait
So All -- whether we are stuck in labour or retrogression -- Let's rally together. Please join IV and strengthen our representation.
There is very little time left. Let us join together and present a united front under IV.
cagcwait
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ramaonline
03-24 03:16 PM
You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.
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inskrish
09-05 05:14 PM
Inshkrish,
You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...
Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....
I am not sure how to check...if online is not reliable...
Regards,
SoP
I had an Infopass appointment. The IO checked the status of my two dependants and confirmed that their cases were also approved, although the online status still says their cases are pending.
You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...
Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....
I am not sure how to check...if online is not reliable...
Regards,
SoP
I had an Infopass appointment. The IO checked the status of my two dependants and confirmed that their cases were also approved, although the online status still says their cases are pending.
ArkBird
06-24 12:27 AM
Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.
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keepwalking
05-16 05:24 PM
I applied for my EAD in the last week of Nov 10. I got mine in the first week of Jan 11.
For the question of 'if she can leave while USCIS is processing her AP', I am not sure...
My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.
How long does it take to get the AP and EAD? Can she leave the country without the AP.
For the question of 'if she can leave while USCIS is processing her AP', I am not sure...
My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.
How long does it take to get the AP and EAD? Can she leave the country without the AP.
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nish2006
04-27 02:19 PM
Hi Raj,
Thanks for your advice, it definitely helps.
I'm currently working with my lawyers on an appeal. If that works (fingers crossed) all well and good, but I'm also renewing my H1B immediately, to protect myself. This is not the time to be selling my house & committing financial suicide, as well as moving my family around.
My attorney also feels the EAD/AP might continue (under certain circumstances - he's not sure, but is checking) to remain valid until their expiry date. If so, I have until Oct 2010 on my EAD, but its still better to be safe with an H1B.
My I-140 denial is for a somewhat obscure reason - I used to be in the merchant navy, then worked in various management positions ashore until coming to the US in 2005. My professional certification was considered to be equivalent to a BSc degree by WES, but USCIS now want details of college attendance, etc. When I tried to explain in the RFE that it is only equivalent to a degree, and my job is based on 23 years of work experience at sea and in shipmanagement companies, plus a professional Master's license , they ignored those details. All very frustrating, but there is nothing I can do. Hopefully, someone more reasonable will read the appeal and set things right. My category remains unchanged at EB3.
I hope your own issues have all been solved by now.
All the best
NK
Thanks for your advice, it definitely helps.
I'm currently working with my lawyers on an appeal. If that works (fingers crossed) all well and good, but I'm also renewing my H1B immediately, to protect myself. This is not the time to be selling my house & committing financial suicide, as well as moving my family around.
My attorney also feels the EAD/AP might continue (under certain circumstances - he's not sure, but is checking) to remain valid until their expiry date. If so, I have until Oct 2010 on my EAD, but its still better to be safe with an H1B.
My I-140 denial is for a somewhat obscure reason - I used to be in the merchant navy, then worked in various management positions ashore until coming to the US in 2005. My professional certification was considered to be equivalent to a BSc degree by WES, but USCIS now want details of college attendance, etc. When I tried to explain in the RFE that it is only equivalent to a degree, and my job is based on 23 years of work experience at sea and in shipmanagement companies, plus a professional Master's license , they ignored those details. All very frustrating, but there is nothing I can do. Hopefully, someone more reasonable will read the appeal and set things right. My category remains unchanged at EB3.
I hope your own issues have all been solved by now.
All the best
NK
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dixie
01-25 11:33 AM
I was responding to this statement :
"If the govt can lobby for nuke bill, why they cannot do it for techs?" This is a nonsense topic anyways .. deserves to be closed.
How nuke bill is related to SKIL bill......
Admin close this forum.
"If the govt can lobby for nuke bill, why they cannot do it for techs?" This is a nonsense topic anyways .. deserves to be closed.
How nuke bill is related to SKIL bill......
Admin close this forum.
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pmamp
02-27 07:29 PM
I have I-140 filed and waiting for visa numbers to be current my PD is March 05 and Her name is given in I-140.
Since she will exhaust all her H1B years by end of this sept, he needs to be on either h4 or F1.
I have long wait for filing I-485, can she be on F1 in the meantime and then convert on H4 right before I could file for AOS?
Thanks
Since she will exhaust all her H1B years by end of this sept, he needs to be on either h4 or F1.
I have long wait for filing I-485, can she be on F1 in the meantime and then convert on H4 right before I could file for AOS?
Thanks
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transpass
09-28 01:06 PM
My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.
As far as I know, it should not happen. This is bizzare...May be it was a mistake in ur friend's case...
As far as I know, it should not happen. This is bizzare...May be it was a mistake in ur friend's case...
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korient
07-11 02:53 PM
Hope someone is close enough to help.
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rgpr
03-28 06:19 PM
Dear All,
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Thank you very much for your help.
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Thank you very much for your help.
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lonedesi
06-04 01:56 PM
I believe that if you travel after the expiration date on the visa stamped on your passport, you will need to go to the US consulate in India to get a multiple entry stamp to be able to return to the US. It is advisable that you don't travel unless you absolutely have to. You may want to renew your H1b and then go for the stamping. That way, you will have the stamping valid for the next 3 years.
You may want to consult your attorney before you travel, as this is my personal opinion.
You may want to consult your attorney before you travel, as this is my personal opinion.
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gimme_GC2006
01-05 11:22 AM
any predictions for Feb 2009 :D:D
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sanju
04-16 12:18 AM
What is meant by 3 years experience before immigrant petition in SKIL Act.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
It means a shit if a bill doesn't pass. As of right now, news reports have started suggesting that there may not be any immigration bill this year, which could imply - no immigration bill until 2009.
Also, could we please STOP looking at how a specific provision would benefit you personally? Let me guess the title of your next post….
“When will I get my green card”
Right?
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
It means a shit if a bill doesn't pass. As of right now, news reports have started suggesting that there may not be any immigration bill this year, which could imply - no immigration bill until 2009.
Also, could we please STOP looking at how a specific provision would benefit you personally? Let me guess the title of your next post….
“When will I get my green card”
Right?
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ags123
08-29 09:33 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
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caforum2
08-02 05:53 PM
My experience is that you can't collect your passport same day of your interview. After your interview, your visa will be approved. But your passport will get to VFS hand only after 2 business days. You might have to stay in Chennai for 2 days after your interview to be able to collect the passport from VFS counter in Chennai. I had same issue. I was suppose to be in US day after interview and passport was struck between consulate and VFS. I ended up coming to US 3 days after my initial Plan. Good luck. This is my experience from Nov 2006.
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Libra
07-11 08:20 PM
:D :D :D :D
Anyway, no CONDI please, I love to send flowers to BUSH, i see him as only hope.
That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D
Anyway, no CONDI please, I love to send flowers to BUSH, i see him as only hope.
That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D
dilbert_cal
03-29 11:19 PM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)
vaishnavilakshmi
06-20 10:48 PM
- Got wife's maiden name changed when I lost her passport... couple of years back. Recollect it took ~a week.
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi jazz,
Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?
vaishu
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi jazz,
Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?
vaishu
