Tuesday, June 7, 2011

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  • myimmiv
    12-17 02:24 PM
    Thank you kartikiran and sss777 for your quick replies





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  • uslegals
    11-26 05:05 PM
    congrats man..! looks like the GC is approved.!!! At last a FREE BIRD ~! Enjoy!





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  • lifestrikes
    06-03 05:18 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.





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  • kshitijnt
    03-07 12:49 AM
    Hi People,

    I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.

    I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.

    Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.

    Would appreciate a little insight here.

    Thx,
    M

    She is exempt. I renewed last year under new fees structure. I got my AP . For this year they did not even give me a receipt. So I am going to have to call USCIS.



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  • casinoroyale
    04-02 09:52 AM
    My attorney is saying they can file MTR on "USCIS's own motion" with that we don't have to pay the application fee of $585? This is something new to me, but I trust my attorney.

    Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.





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  • piyu7444
    07-22 05:28 PM
    Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.

    Hope this helps!

    I probably know this works the way you have stated but do we have any references to legal document? rule? etc......

    Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.

    Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.



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  • theconfused
    12-15 09:57 PM
    Dear Nousername,

    Thanks for your reply.

    My time period without pay stup was 4 months and 14 days = 134 days.

    How much was the gap (without pay stub) for you?

    Thanks





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  • jsb
    10-29 02:49 PM
    The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).

    If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.

    That is not true any more. They just accept your application pending verification. SS people are required to check in the system rather than relying your paper document. In Jan. 2003, there was a backlog for H1 data entries, and I had to wait for 3 months to get my SSN. They are not going to give you an SSN unless they can verify your case in the system they access.



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  • Adam
    08-20 03:52 PM
    That's really good too! Man, we're gonna have to have a seperate contest just for owl smilies :lol:





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  • vik123
    07-11 12:03 PM
    We should all write personal letters highlighting what happened and send it to out to congressmen/women. 2 Senators from your state and your house rep.
    That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
    I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
    Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
    Yes,you are right.More the number of the senators sending inquiry, more the pressure on USCIS.Lawmakers sending inquiry will force USCIS to do something about this mess.
    I thnk that next campaign should be "SEND THE LETTERS TO YOUR SENATORS"



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  • Suva
    04-22 10:09 AM
    Applied on Feb 6 and approved on March 18.





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  • vikki76
    07-19 03:49 PM
    Translate yourself and get it approved by a friend/colleague who knows your written native language and English.
    Theory behind translation service is this- It is an open document, so whoever translating can not lie. If I translate incorrectly from Marathi, 100 other Marathi speakers or a Marathi literati can easily point that out.
    Something like our public key , private key encryption :-) :)



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  • eb3_nepa
    02-08 04:46 PM
    Greenever i totally support that view. I am all for trying to contact the ministry incharge. All i meant is, if it does not work out, we shudnt start throwing insults at the Government. We pay ZERO taxes in India and technically do Nothing worth writing home about for our country or it's government.

    U know it is interesting that we bring up Indians and the Indian Government debate. The Government did what it could to further the economy. Then we had Scams in BPO offices (Citibank etc). The Question now is, who is the bigger problem, the Indian Govenrment or the Indian? Another example: People litter the streets and expect the Govt to pick up after them. A simple example here. On my recent visit to India, at the bombay airport, in the immigration queue, i saw an Indian guy just dump a soiled plastic bag in a perfectly clean area, while standing in the Queue! Just left it there, as though it was a dumping ground. Try doing that on ANY airport here! Forget the police, one of the citizens here will ask u to pick up ur trash.

    Thoughts anyone? :)





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  • 485Mbe4001
    03-20 03:56 PM
    There is a lot of political posturing, each side is solidifying its position based on their agenda. Being from southern california i know Nu�ez is posturing for all the illegals as opposed to only agJobs. We are smal legal minority that no one really cares about.



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  • ameryki
    09-21 09:00 PM
    Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.

    Hi above is an update from this end. I do have one more question though. My wife was not given an I-94 when she entered using TL instead her passport was stamped with the arrival date and initials "LPr". I am getting ready to apply for a new AP for us what should I write as her "Class of Admission"? Also do you foresee any issues with the AP renewal since I cannot send them a copy of an I-94?





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  • ags123
    08-29 11:17 AM
    Thanks, Roseball. Thats another thing I am not clear on what they will do with I-140. My prev employer had told me they wouldnt withdraw the I-140 and they would revoke H1 after 90 days. It is exactly 6 months since then. So I am guessing they sent in the H1 revocation 3 months ago and CSC has opened it and cancelled H1 now after 3 more months.

    I am hoping they will stick to their word of not withdrawing I-140. However as in my case I was part of a large layoff and I dont know if the lawyers may push employer to witdhraw I-140 just to make some cash withdrawing I-140 for every laid off person.
    (In my case I am lucky enough to have the same lawyer represent me in the new company, however they wont discuss anything related to what they do for the old company as it is company confidential. So what happens on approved I-140 is a mystery)

    The flip side is that it is only 1 week when I am outside I dont know if my luck is that bad that something happens during this one week. I guess no one will have the answer

    Anyways have booked tickets so will watch LUD,status etc till the last minute and then take a chance for one week I guess.



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  • snathan
    01-22 06:11 PM
    Yes, ICICI bank do not allow more than 4 part pre-payments in a year. I am not sure if it is a calendar year. You can ask ICICI for the part pre-payment terms. When I inquired, they sent me a PDF file.

    I had this issue because I wanted to pay-off my loan to avoid the increasing interest rate. Mine was floating. The officer who sold me the loan gave some misguiding concept "interest rate will go down when the economy is booming". But the reverse happened after I took the loan. I had a floating rate of 7% in Sept 2004. But within a year and half it almost crossed 12.5%.

    I will try to find the email that ICICI sent regarding the part pre-payments terms.

    Normally when the economy is booming, inflation will go up and central bank will increase the interest rate to contain that. The opposite will happen when the economy is going down





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  • Edison99
    09-14 07:28 AM
    Thanks for the quote!
    Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)





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  • gapala
    08-02 07:21 PM
    Without reentry permit, they cannot enter USA.

    If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...

    If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?





    byeusa
    07-11 01:09 AM
    I emailed some of our core members. I hope they can take out some time to deal with these rouge elements tomorrow. In Hindi they say- Asteen Ka Saanp ( snake in your sleeve) for this kind of behavour from USINPAC





    americandesi
    05-19 02:34 PM
    AC21 letter can be sent to USCIS, but as everyone says its not a must.

    AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.

    In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.



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