Sunday, June 12, 2011

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  • la6470
    06-03 09:45 PM
    Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)

    It shows self employment and H1B cannot prove employer-employee relationship.

    >>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.

    He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"




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  • vivache
    11-06 03:26 PM
    Does bad credit history or defaults affect getting a job?
    Any ideas?




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  • leoindiano
    04-04 04:56 PM
    Sunil,

    I also have 2 A numbers. I believe that is ok as per USCIS FAQ released sometime back. It said they had to release a new A number on i-485 apps coz they wanted process them quickly with too many apps coming at once, they didnt had time to match them.

    In your h1b renewal, take an expert attorney's suggestion.




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  • GC08
    08-21 07:34 PM
    Looks like more chaos has come. Nowadays nothing is working properly. How can they allow a 4 month difference in processing I140 between the 2 centers? What happened in NSC? NSC must have won the imcompetence contest among all those agencies. :-)



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  • imh1b
    02-25 10:47 AM
    Guys,


    Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.




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  • gemini23
    11-21 08:54 AM
    I searched this and could not find anywhere.

    does anyone know for sure that a copy of CURRENT and VALID I-797 is needed for EAD renewal?

    does anyone know for sure that a copy of CURRENT and VALID H1B is needed for EAD renewal?



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  • outlook2
    07-18 09:42 PM
    They have not done any rejection yet. As per the recorded conference ( legal experts in the immigration ) they will accept all the application




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  • Googler
    02-20 09:58 PM
    Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.

    Yes, and that issue has been acknowledged by every version of the CIR bill -- EB-1's annual limit was reduced, and EB-3's was increased. Never mind that they also sometimes reduced EB-2's annual limit when STEM exemptions were included in the bill.



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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?




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  • silvinhaphn
    05-05 02:32 PM
    I saw the notice on the website that my AP was approved but I haven't got even the approval notice yet, I thought It was strange. It was like that with you guys? Do they send the notice together with the card?



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  • deba
    04-13 05:40 PM
    Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?




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  • bkarnik
    08-28 05:00 PM
    Totally agree with boreal. Also, the category that you qualify for depends upon the requirements of the job and not your qualifications. For example if the minimum requirements of the job is BS with little or no experience, you would be in an EB3 category, irrespective of whether you have a MS or a PhD.



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  • redgreen
    06-06 05:16 PM
    We are interested in knowing the source of this rule!
    If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.

    I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.




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  • psnycgirl
    11-06 09:24 PM
    I got all the receipts and FP notice from VSC on 10/15. Everything was filed on 7/31 and sent to TSC. FP date was 10/30. Got EAD last week and they want ID again for AP. 485 has been trasnferred to TSC now.



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  • yestogc
    07-07 10:04 PM
    How can we know the status of 485, I mean is it pre-adjudicated or not ??

    Also what is this POJ method, can you please enlighten.




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  • Mahatma
    07-28 09:16 AM
    This is a sort of repeat post for me BUT for the sake of forward movement, I am supporting this motion forward.

    Those who received Green should contribute as much as possible. Sometimes, splitting contribution to recurring (instalment) payments works wonder. This is called small is beautiful in India and Kaizen in Japan. According to this philosophy, if you make 5 phone calls everyday with consistency, you could make numerous calls over a period of time. However, if you try to make 100 calls a day, it does not go much farther.

    Material contribution (money) is important to sustain IV (keeping website up and running, maintenance and other overheads) in this corporate country.

    However, intellectual contribution is very important as well. For some reason if monetary contribution could not be made, one could contribute by knowledge-sharing. Rational and analytical thoughts, balanced ideas and responsible opinions are a huge asset and let us make IV knowlede-driven, smart and sharp organization.

    Bottomline: Contribute by thoughts, donations and best still, both.

    Remember: We are knowledge workers and we can do things smartly and practically.

    Go Ivians!!



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  • sriramkalyan
    04-02 03:40 PM
    Land at Mexico City ... Hire Taxi to enter US at Elpaso ..If any one is scared of being stopped at Point of Entry ... Just don't pee when u see drug cartels




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  • unknown123
    03-13 11:34 PM
    Looks like this is comming for most of us after recent spate of RFEs on I-485 regarding re-submission of medical examination, birth certificate, etc...

    Thanks gc_check for the link




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  • pcs
    07-19 02:48 PM
    Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.

    I can give you the format on email.



    Please contribute to IV instead




    GCwaitforever
    10-04 05:45 PM
    Learn Dutch. That is more useful than French there.




    ampudhukode
    03-24 03:53 PM
    spbpsg,

    Thank you for the reply. Is that what people normally in this circumstance do ?

    ampudhukode

    No need of exp letter, just take offer letter and recent pay subs.



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