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  • humsuplou
    03-09 12:54 PM
    Yes, you can run a business on EAD.

    You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.

    Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
    Thanks!!





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  • sareesh
    03-31 09:54 AM
    I just called Halifax and they told me that I am not eligible for Visa in Halifax,
    eventhough I had H1B visa stamp on old passport from first company (expired over an year). They consider my appoint as new H1B and I cannot attend Halifax or Quebec City.

    I will cancel my appoint.

    Thanks,
    SG.





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  • Aah_GC
    10-24 09:29 AM
    Dear Friends - I have a question and would appreciate your thoughts.

    My father visited us for 6 months and I have a copy of his visa and passport notarized. What are the rest of the formalities (W7 form et al) that I should complete so I get some exemption? Or have my assumptions been wrong?





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  • immigration07
    10-06 04:11 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)

    I went thru all the arguments and counter arguments that this guy made. Some made sense others did not but the post attached below shows he is a piece of thrash full of vanity and arrogance. Just for yur info Mr. gctest getting into a second tier university in India and framing yur SOP with some thrash and sentiments will easily fetch yu a place in yur so called tier one UNiversities in US. I am sure you opted to do that as you were not able to get into any of the tier one B-schools or other similar place of higher learning in India because you did not have the grey matter in your head. Moreover students from those places come to US directly recruited by the companies in US (that too after paying a hefty placement fees per recruit and on a dual intent H1B visa) but unfortunately they too are in EB2 category............I am really happy that you got your GC and can merrily gloat about your academic proficiency and IQ level of "180" (but commonsense...) with much more freedom.

    "gctest
    Member Join Date: May 2008
    Posts: 49




    --------------------------------------------------------------------------------

    Were you born in a dumpster? You are assuming so many things here.

    Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
    Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that


    i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud



    -------------------------------------------------------------------------------
    Last edited by gctest : 10-03-2008 at 09:12 PM. "



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  • a_yaja
    06-26 02:08 PM
    First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
    Agreed. As per my understanding, "consulting" as per the bill's definition is:
    1. You are working at another employer's location (or client location)
    AND
    2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)

    So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.

    This is my understanding of the bill. There are a lot of people who disagree with my interpretation.

    Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.





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  • roseball
    03-29 08:43 PM
    I got the RFE notification in the mail yesterday and here is the RFE info:

    The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".


    I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.


    1) Did anyone receive such RFE?
    2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?

    3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
    Is there a way to buy some more time if i cant respond back in 3-4 business days?


    Please advice. I really appreciate your help!

    Thanks in advance.

    Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.

    In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.



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  • shantanup
    10-15 08:25 AM
    Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?





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  • 2008FebEb2
    09-22 11:28 AM
    Not many cases in 2007 and 2008.

    Looks like people got p1ssed off and not applying anymore in EB2 2008:p



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  • cinqsit
    02-26 02:41 PM
    Hi

    According to my experience it doesnt make a difference whom you contact. I would suggest contact all (both senators of your state and local congressperson). It has no negative bearing on your case. I would also suggest
    that you contact the ombudsman. You never know whats going to click in the end.

    Best

    cinqsit





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  • uimv
    03-14 12:08 PM
    Incorrect!
    I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

    Read for yourself -
    http://www.uscis.gov/files/article/E1eng.pdf
    [From the pdf link]
    Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.

    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.



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  • jlt007us
    10-06 06:09 PM
    Don't worry. You will mostly get RFE but not a rejection.

    My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.

    I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.





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  • waitingnwaiting
    12-10 08:10 AM
    Its so depressing & frustrating Not to see any movement in EB2 dates. For the past 3 months there had been no movement in the EB2 dates. Every time I open with a hope that something will happen but its the same shit each time.
    Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.

    You are EB2 and should be very happy. Imagine the pain of EB3 guys.

    You will get your greencard in no time.

    If you are depressed and frustrated in EB2, what do you think EB3 is?



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  • vallabhu
    06-15 09:06 AM
    Hi Guys lets count number of people getting temporary benefit of filing 485 at this time, after we get our our EAD's how much are we ready to spend for lobbying to get our GC's soon.

    How much are you going to contribute to IV.





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  • kcforgc
    06-08 10:04 AM
    did you provide social security number? temporary license can be issued only if you do not provide social security number.


    Yes, they take all copies - SSN, I797, passport everytime the license has to be renewed. More frustrating thing is they only issue a paper license which is valid only for 30 days and the card is mailed in 3-4 weeks from Tallahassee (State capital) after they perform immigration & background check. This paper license can't be used for ID purposes.



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  • eilsoe
    10-02 02:42 PM
    haha, flex, i think pom is talking about my game (project)... :P

    Now where's that wallpaper section...?





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  • Phat7
    10-18 04:01 PM
    Wow! :) Thank you everybody! You could have been anywhere in the world tonight, but you're here with me! I'm a little excited... I would like to thank a couple of people who helped me achieve this award. I would like to thank ... ... ... ... ... (long list of names here) ;)



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  • gc_on_demand
    06-02 02:44 PM
    Hi,

    I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.

    Now -- I need to change employers as my employer is asking me to become full time from consulting.

    2 questions:
    1. Can I use this extension to change employers?

    2. Can I start the GC process with the 140 priority date? (Feb '08)?

    Thanks

    PS: I apologize if this is in the wrong forum.


    if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.





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  • acepb
    04-23 11:31 PM
    ...on getting your most-awaited award...patience is finally paying off...





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  • newuser
    05-14 08:16 PM
    Just got an SMS that the my application was approved on May 13th. (Post Decision Activity)

    PD - Jun 5th, 2006 NSC
    Received Date - Oct 4th 2007





    nkavjs
    11-09 08:52 PM
    I did answer your question in my first post and asked you a question on which you replied:
    There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
    I'm answering your question, and you are being sarcastic - what do you expect?

    Well friend.. If you are not aware of any specific culture or any nation's tradition in specific, then please dont comment anything.
    Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
    Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
    Never mind.. I think you got my message.





    SSSarkar
    06-24 06:33 PM
    I am also applying 485 and my lawyer told me that the passport should be valid for atleast one year.

    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.



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