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  • sorcerer666
    03-25 12:52 PM
    I think for anyone to help you here, you need to provide more details. If all the facts in the letter that you pasted from USCIS is true, there seems to be very limited grounds for appeal.

    ***I am not a lawyer***




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  • sweet23guyin
    04-23 06:46 PM
    Can you be a little more specific on what you are doing?

    If you don't want to publish it in this open forum, please send me a PM.


    I'm a full time IT employee; Now, I am taking up part time work with my earlier clients (Consulting) on the newly formed LLC with my spouse as the sole member.




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  • we_can
    01-02 04:30 PM
    After the renewal, I got a passport with a new passport number (the old passport is still there stapled with the new one).
    My labor and H1B all have the old #. Is there a need to do anything with the new passport number wrt to my existing H1 and labor and such?




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  • kittu1991
    07-17 07:18 PM
    We travelled last year from Kochi to SFO with no issue. Yes you have to go secondary room. Based on the number of people ahead of you, your wait can vary. But once its your turn it should take only less than 5 mins.



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  • brij523
    02-20 08:50 PM
    Please don't miss the tomorrow teleconference.

    Thanks




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  • glus
    02-15 09:17 AM
    Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....

    What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.

    G



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  • map_boiler
    05-15 09:19 AM
    Good job Learning01, Shrey!




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  • fromnaija
    11-02 04:51 PM
    First, cross chargeability is available ONLY if you have a spouse whose country of birth is different than yours. So get married first and then come back and ask the remainder of your questions.



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  • x1050us
    09-25 01:13 PM
    I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.

    What did the rejection notice say. Did it mention that checks are missing or did it say right amount was not included. My rejection notice said that the check was not made for $1010.00 But my lawyer says that the returned packet did not have the original checks in it and that the text on the notice is just a catch-all reason.

    When did you resubmit it and did you hear any update ?




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  • gunabcd
    07-16 02:30 PM
    PD: Oct 2003
    Cat : EB3
    140 : Approved June 2005
    485 : Applied April 2004 : Pending
    EAD : Approved June 2004
    AP : Approved June 2004
    FP 1 : June 2004
    FP 2 : March 2007

    How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
    You don't need I140 approved to file I-485. My I-140 is still pending(filed in Apr 07) and i applied for I-485 on July 2nd.



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  • pointlesswait
    09-26 12:42 PM
    i dont think changing lawyers will prevnt USCIS from auditing/reviewing your case... but will your lawyer release all the required documents to your new lawyer.???

    anyway best of luck!

    I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."

    Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?

    Would appreciate any opinions on this matter. Thank you.




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  • lord_labaku
    09-21 09:15 PM
    If your passport has been impounded, cant you only travel out of the country by hiding in a cargo box anyway....GC will be the last in your list of worries. No?



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  • panky72
    06-25 05:07 PM
    sure, pls verify with lawyer to be safe

    common consensus seems to be -->

    if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
    But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
    After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
    After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
    Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)

    hope this helps...

    I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.




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  • reverendflash
    10-21 03:54 AM
    No, no problem with asking me any question... just beware, I might just answer you! :P

    Nothing sinister... she's still alive, married again... hope she's happy (we've spoken twice in10 years)...

    Right after that I kinda had an epiphany about not liking who I was becoming, and saw it wasn't where she was going, so I left, at about 3:00 in the morning, with her ring in my hand (she threw it at me), and the clothes on my back...

    We will just say my life became much more spiritual from that night on... :cool:

    Rev:elderly:



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  • lazycis
    01-30 11:23 AM
    Any feedback on this is appreciated.

    The basis for your AOS is approved EB3 I-140. So I do not see a problem porting to another company. That I-140 will remain valid. If you get approval for EB2 I-140, it won't change your eligibility for AOS. I am not sure if you will be able to port priority date. If you worry too much, you can ask employer to withdraw EB2 I-140 application. My hunch is that EB3 with 2001 PD will get approved earlier than EB2.




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  • copsmart
    02-10 09:30 PM
    Congrats!

    It�s good have a GC in this very bad economy.

    Erase the H1 worries and enjoy your green.



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  • desi3933
    02-14 08:29 AM
    Hello all,

    Is there a law that grant green card for a person who's been in the States legally for more than 10 years?

    Thanks

    No, not that for 10 years.

    Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.

    The applicant need to
    1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
    2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.



    __________________
    Not a legal advice.




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  • ssksubash
    11-13 04:04 PM
    You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.


    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.




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  • delhirocks
    07-05 01:10 PM
    CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............

    http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html

    that is what CNN is doing now.........

    This has nothing to do with our situation. Situation described in the artlicle above is far worse than what we face. Please mantain the perspective.




    amsgc
    01-23 12:08 AM
    The objective of the employment based preference system is to give certain professionals, who are ostensibly more useful to the country, a better shot at the Green card than others. So in the long run, EB2 is a better bet than EB3.
    However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
    Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.


    Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.

    So of the two tortoises EB3 might move faster than EB2.

    Any comments ?




    reachinus
    02-23 04:01 AM
    You will just need the AP for yourself but make sure you return before the expiry date of the AP and not the I-94 any issued or stamp in the PP. For the baby you can use 1 of the 3 options available - Visa/PIO/OCI. Hope this is helpful.



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