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  • eb3_nepa
    12-18 12:37 PM
    In the long run EB2 will be better than EB3

    Or WILL it? :rolleyes:





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  • bbct
    02-04 11:01 AM
    We invited our in-laws last September and it was not easy for them to get the visa in the first interview. They got denied with the reason 214(b) without verifying any Indian documents. Infact, my father-in-law was a government servant and he was still employed at the time of interview. My wife was on EAD and I was on H1-B and I was inviting my in-laws to USA.

    We then asked a letter from the senate's office requesting the visa officer to issue them visa and explained that they have strong ties with family members back in India and have bank balance and property. It was surprise that nothing was asked in the second interview and they could get a 10 years multiple entry visa. This time my wife invited her parents.

    In all this, we wasted time, money and were very tensed since my wife's due date was approaching and it was only a month far.

    Folks,
    I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.

    So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.

    Path 2 USA do not mention anything special for EADs/AOS et al....

    Thanks,

    SoP





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  • gemini23
    11-21 10:30 AM
    the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.

    The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.

    Thanks waitingforlong. And the proof of AOS would be 485 receipts right?





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  • a_yaja
    03-27 05:58 PM
    So what do I do.
    I am looking to buy a SUBWAY franchise outright costing 200 K

    To qualify for a GC under the investor (EB-5) category, you need to invest atleast $1 million and employ 10 people. If the area is an economically depressed area, then $500K is sufficient. More information available @
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4ff96138f898d010VgnVCM10000048f3d6a1RCR D



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  • amitga
    03-05 01:51 PM
    They have a provision for deporting legal (and illegal) immigrants on their first DUI conviction. Seems to me they are now serious about creating an officialy declared permanent underclass in this country. The house Democrats are also singing the same chorus. I just can't believe that these are the same Democrats who we thought will replace the Republican Congress on the Hill and legalize every immigrants in this country. There were very few on this forum who thoght otherwise during 2006-CIR failure in the Republican congress.:mad:

    Where are the details of the bill? I am not able to find it anywhere.





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  • GCNaseeb
    10-31 09:29 AM
    The nearest USCIS office is 70 miles from my home zip code. Is it ok if I schedule Infopass from my work zip which is less than 10 miles?



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  • Desiguy786
    04-02 08:55 PM
    First of all, whats' the situation?
    Are you still waiting for LC, may be from BECs?
    what's the reason of RFE, if you are currently working for the same employer?

    I don't know how you can get approval by going through company B, which you can not get with Company A.

    Please give more information and certainly someone can help you quickly

    Hi Satyasaich,

    I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.



    In short, My RFE is asking for..
    Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.

    Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..

    Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.

    No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..





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  • a_to_z_gc
    01-22 07:29 PM
    Try marrying a US citizen, that may be your only hope looking at the current situation (Just kidding)

    EB2-India is Unavailable-That's true for the remainder of the year. So take your pick ...

    Welcome to the party...



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  • Anders �stberg
    July 18th, 2004, 12:20 PM
    I think I already have for birds. ;)

    :p Well, then I should too.
    :o Please accept my apologies for saturating this forum with my bird pictures.
    :cool: I'm not likely to stop though.
    :( Unless Steve tells me to.
    :confused: Anyone know what the faces mean?
    :rolleyes: This one is particular.
    :)





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  • snathan
    04-28 05:40 PM
    Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.

    1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
    2. If your I-140 is denied, it will trigger the I-485 denial.
    3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.

    I am not sure but think you can use EAD if you go for appeal...

    So its always good to have H1B as back up for EAD and AP. At least you will be in status.



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  • vandanaverdia
    10-30 11:39 AM
    bump





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  • abhi2001
    02-24 01:06 PM
    Hi,

    I am on L1A managerial category currently in USA for my 5th year with company A. I know if company A files my GC I can apply under EB1 category.

    But, if a future employer B files my GC can they file it under EB1? Additional info - The future employer is a big MNC and has offices in USA. I am a graduate in engineering with about 10 years of experience. The future employer B is not linked in any way to A.

    If B cannot file under EB1 what category can they file my GC in? And when would I be able to start working for B?

    Thanks in advance.



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  • diptam
    04-11 11:16 PM
    I've a terrible situation now:

    My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.

    However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.

    What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.

    Thanks much!





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  • jasmin45
    08-10 10:24 PM
    Dude,

    Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.

    retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..

    I would say file it together.. thats the best..



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  • Saralayar
    08-05 01:36 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
    I wish Pappu's words become true...;)





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  • h12gc
    06-25 05:52 PM
    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc



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  • ChainReaction
    08-10 09:12 AM
    http://www.murthy.com/chatlogs/ch073007_P.html

    Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?



    Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.

    Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.

    Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?

    Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.





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  • xlxoel
    06-09 04:36 PM
    I sent the pictures last TUESDAY, I was expecting my online status to change to: WORKING ON THE CASE before the do the approval, but nothing.

    I need to leave ASAP for Europe and I dont know how long is it going to take for them to mail me the TRAVEL DOCUMENT

    Anybody did a RFE of two pictures? How long did it take since you sent the pictures?

    Thank you





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  • cdeneo
    06-18 02:07 PM
    Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.

    One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.

    Question I had was -
    What are the advantages if any to filing when the new fee structure is in place?
    or should one file the earliest date one can, say 1st week of July?

    I would appreciate if someone could shed some light on this. Thanks!





    deepakjain
    07-22 05:45 PM
    Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....

    It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.

    THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here





    yestogc
    06-09 12:33 PM
    I second your thought khodalmd, ............... when there is no country cap on H1B , why on GC then, this creates more backlog



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