Thursday, June 30, 2011

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  • a_yaja
    06-26 10:15 AM
    There is no issue if your wife is the derivative applicant and gets her EAD through you. You can also start but it is more complicated since your business has to be doing excatly the same thing as your labor application. Also, i think you should get lawyers advice if you are starting it. There is no complication for your wife to start a business.


    T
    The business started by you need not be the same as in your labor application as long as you maintain your job with current employer or you switch to a similar job. For example, you can start a company for renting real estate without any problem as long as you can show that your job as stated in the LCA still exists ow will exist when the GC is approved.




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  • Student with no hopes
    01-20 09:06 AM
    What happens to the people who graduated from the institute and applied for gc on its basis?




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  • harrydr
    01-13 09:34 PM
    Can anyone clear my doubts on the 2 scenarios below. Thanks.




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  • godblessamerica_2009
    02-04 12:45 PM
    Hi,

    I am in the 485 stage, under EB2 India, but my spouse born in UAE. SO I can cross charge to UAE based on spouse country of Birth. My Employer agrees to files the AOS papers and forwarded to attorney but attorney is not yet agreed to proceed with the processing. He was telling that there is risk in this and need a close attention.


    Any advice appreciated.

    Thanks



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  • GCeffect
    09-24 05:17 PM
    My 6th year of H1b is expiring in the Sep 26, 2008. I already applied for my H1b renewal and already got the receipt. I'm Eb3 - ROW.

    My and my wife also applied for our EAD renewal in jun 1, 2008 (Nabraska). didn't receive anything till now. My wife needs that to continue with her job, we already expedite the process last week.

    I also visited home couple of months and and entered Us using my AP.

    I have some question regarding all those issues:

    1) Can I get a business license when i'm working with the H1b and have the EAD?

    2) Does it going to have any effect on my green card process or H1b status?

    3) If i have the problem then can i open the business license under my wife's name as she will be in the EAD.

    4) My PD is May 2006. Any chance it will be current in next 6 months?

    Please give your feedbacks with your expertise guys. it's been very help for long time for me. Thanks ahead




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  • bang
    01-20 01:35 PM
    Guys:
    Our( my wife of H4 and me on H1) currently have visas stamped till end of Feb'07.

    Now, I am going to file for my extension.

    The question is that if my wife travels out of US before end of Feb, according to my lawyer we do not need to file foe her extension.

    When she is to come back the lawyer says that she would get her H4 visa based on either my pending application or approved extension.

    Is this possible, that without filing for her extension she can get her H4 in Delhi stamped, based on my extension application..??

    Please share your thoughts.. I am perplexed..!!!

    Thanks

    Looks like the lawyer gave you half baked suggetion.
    If she is leaving the country before her current I94 expiry then you do not need to file extension for her, but she needs to get H4 visa stamped before entering US, she can get a Visa stamp only with your H1 approval document only and not the extension pending application, which means she cannot get back into teh country until your H1 extension approval



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  • sircaustic
    10-18 10:43 PM
    I applied on 7/26 for seventh year H1-B renewal and extension of stay. I concurrently filed I-539 for Extension of Stay for family. Six years of H-1 and related I-94 expired on 10/8 and since then I have been working under the 240 day grace period rule.

    Here are some other facts:
    - I have an approved I-140 filed and approved back in 2007

    -I-485 was filed during the 2007 July-August wave

    -I do have an EAD valid until November 2011 but I have never used it. I have always maintained my H-1 status.

    -My wife also has an EAD that expires end of this week. I-765 Application to renew her EAD was filed more than 75 days ago for which we requested an expedite request. She has never worked before although her first EAD was approved three years ago.

    My questions:

    1. What happens if USCIS denies my employer's petition for H-1b extension? Will I be out of status immediately after? Does having an EAD provide me any insulation?
    2. What about other people here those who are working on EAD? How are they maintaining their status? Are they required to file extension of stay application?
    3. Do you think approval of my wife's EAD renewal is tied to the pending I-539?
    4. What about my children? In the event my application for H-1 renewal is denied, will they be out of status immediately after? Are there any steps I can take to ensure this does not happen

    Sorry for too many questions and thank you in advance to those who will respond.




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  • Macaca
    02-26 02:59 PM
    Here is the article about Skill shortage: http://www.cnbc.com/id/17188440

    Does not mention us. I did not see a blog site for comments. Am I missing it? Thanks.



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  • rajuseattle
    07-30 08:09 PM
    agarwa4,

    It is very important to keep your salary/wage consistent with what's in your approved Labor/I-140.

    If you accept the employment with lower salary using AC-21 and if any RFE comes for Employment verification then you will not be able to respond to the satisafaction of USCIS on why you are working on the lower wages.

    Hope this helps you understand the importance of keeping job position and slary level consistent with what its in your approved labor.

    another option is to start the process all over again with lower salary, but with onging PERM/I-140 backlogs who wants to go thro' this hell again???

    Bottomline stay with your consulting employer, why in the world you want to accept the lower salary???

    You are EB-2 and the way dates are moving now for EB-2 you might get your GC soon....if the client is forcing you to come on board as PERM try to convince him that its a matter of another 5-6 months before you get GC and then you can accept his offer if you are looking for the job stability versus wokring for a consulting employer.




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  • smuggymba
    10-13 11:35 AM
    Hi folks

    We have applied for COS for my wife from H4 - F1, and yesterday we got approval.
    (TOOK ONE MONTH APPROX),
    Now the question is,
    I AM AWARE THAT SHE HAS TO GET STAMPED IF SHE TRAVELS TO INDIA, BUT what if she travels to India, when on OPT status????

    Any seniors had experienced the same situation?????????

    Pl advice

    JAGGU BHAI

    u can come back on OPT only if you have a valid and current job offer. On F1, u have to come back on stamping.



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  • va_dude
    02-04 01:07 PM
    It's not clear what you really mean.

    You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?

    Besides you should ask for exactly what the risk is.

    Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.




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  • 485Question
    10-05 04:32 PM
    Interesting cartoons, they have a lot on immigration.



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  • kirupa
    08-08 09:07 PM
    Is your question on how to import data from an XML file and display it in your project?




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  • hsadan
    05-22 06:32 PM
    i want to do a camera animation...
    i.e. zoom in/out during an animation



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  • TheCanadian
    11-09 10:32 PM
    If you do submit all 600 of your buttons, can I bow out from judging?




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  • skakodker
    02-14 05:04 PM
    Hello All,

    I have my EAD as does my wife. We are still on valid H1s (until 2009) and I have no plans to change my employer. We also received our travel documents. The question I have, and need your input on is can my wife travel (to India) and back on her H4 (even though we've filed for adjustment of status) or does she have to use her Advance Parole to do so?

    I apologise if this question's been asked before and thank you in advance for your answers. Please email the same to me at skakodker@hotmail.com if you feel that is more convenient.

    Best regards,

    Sunil



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  • kirupa
    01-12 02:54 PM
    It also depends on whether you are creating a WPF app or a WinForms app. There are several built-in classes that automate the process of you playing sounds, so let me know what language and platform you are writing on.




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  • singhsa3
    10-26 08:53 AM
    This has been arranged by Chandu...
    He deserves the applaud...
    tri state members should take advantage of this
    thanks to you guys for all this effort!




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  • gc28262
    07-30 09:01 AM
    From Ron Gotcher:
    ImmInfo Newsletter:* The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)

    If an employer withdraws an I-140 after it has been approved, however, the employee is entitled to keep the priority date and use it for any subsequently filed I-140. It doesn't matter that the new I-140 may be for a different job, a different employer, a different location, or even a different preference classification. Once an I-140 is approved, the employee "owns" the priority date forever




    mdipi
    10-20 07:49 PM
    whats the diff?




    hibworker
    03-18 01:05 AM
    My H1 Extension approved from Sept'2010 - Dec 2012. LCA shows same dates and the salary shown is $5500 PM ($66000 P.A)

    However recently, i noticed that i am receiving $5373(instead of $5500) per month since Sept'2010 till date.
    I informed to my employer and he is willing to increase the pay from March.

    Is it possible to correct it from March payroll.

    Please advise.


    Regards,
    Sunshine

    The employer should correct it from March and pay the 6 months difference as bonus. At end of year your salary should be at least equal to LCA.



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