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  • akred
    04-17 12:07 AM
    It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst

    True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).





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  • H1B-GC
    04-07 10:50 AM
    Just got it. Right now.Thanks guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    Congrats Fella!! Now time to stay at the Mail Box in the afternoon to check out the mail.Go 'Green' and pls. keep coming to the forum as and when time permits.





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  • gconmymind
    11-12 03:35 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.
    If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
    If you are getting the work done from India, only then your clients can pay your company in India.

    This is my understanding. Talk to your lawyer and CPA.





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  • gimme_GC2006
    09-14 09:56 AM
    BUMP

    Someone please give me the address where I need to send the documents if I am sending through FedEx/UPS?

    Thank you

    In the application instructions..the address for private carriers will be right below the USPS address



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  • tb2904
    03-26 04:05 PM
    Who are the guys making more than 250K? Why are they stuck in retrogression?

    I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.





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  • HumHongeKamiyab
    12-17 09:03 AM
    I have met Rahul reddy for my immigration related work. The lawyer I am looking for is to discuss my "non-compete" agreement. So I am looking for an employment related attorney and not an immigration attorney. Thank you very much for your response. Regards,http://www.rvreddy.com/



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  • VivekAhuja
    02-18 06:53 PM
    Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
    You will lose H1B status if and ONLY IF, you use EAD.

    AP is only a re-entry permit and has no effect on your immigration status.





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  • glus
    05-13 11:26 AM
    Staying abroad constitutes "abandonment of U.S. residency." It is not related to "immigrant intent" at all. Worked for an Immigration Law office for long.



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  • FinalGC
    07-20 12:47 PM
    In Michigan if you want to get in-state fees, then one has to be GC holder. My wife has put her studies at bay until GC comes. Trying to focus on our 2 children in the meantime.....with the hope that at least they will do well in the future......

    I think USA is bent on proving that all pilgrims have to suffer and then the next generations will reap the benefits.





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  • dish
    03-23 11:23 AM
    http://www.immigration-lawyer-us.com/images/talent-bill.pdf



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  • logiclife
    12-20 11:38 AM
    did you get a letter from USCIS to your new address that they have received your address change request?

    i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).

    also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.

    Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?





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  • needhelp!
    11-27 05:24 PM
    I don't think this will jeopardize their cash flow. Surely they will charge 3 times more for a 3 year renewal. It will just make life easier for us and them.

    And then I will complain about having to spend for a 3 year renewal when I 'expect' to get my GC within a few months.



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  • belmontboy
    10-06 08:47 PM
    Guys,
    I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.

    what laws are you looking for?

    AFAIK, there are no restrictions on H1B holder trading a/c. They enjoy same privileges as everybody else.

    Uncle sam doesnot care as long as you pay the taxes on ur profits.





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  • clif
    03-01 01:44 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.



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  • visli_com
    06-25 11:23 AM
    Please take the above poll.

    In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.

    my company is paying all except medical & (costly) Photos.





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  • pappu
    02-02 02:54 PM
    House Immigration Subcommittee Holds Hearing on Naturalization

    On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.

    Remarks by Subcommittee Members

    In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.

    Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)

    USCIS Director Emilio Gonzalez

    Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.

    In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.

    Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.

    During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.

    Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]

    Non-Government Witnesses

    Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.

    Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.

    In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.

    Additional Information

    In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.

    He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.



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  • Ramba
    09-16 01:20 PM
    The GC is based on good faith intention to have a permanent long term employer-employee relationship between sponsor and beneficiary. There is no prescribed time period to define �permanent� or �long term� in any law book. Each lawyer has their own interpretation. As most of the GC is thro sponsors, the sponsors has more power. If sponsor can able to successfully demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship, used employer just to get GC, then it may be a problem that leads to revocation of GC too. This is mostly possible in future employment category peoples. If any one worked for long term with sponsor before (or after) getting GC, then it is difficult for sponsor to demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship. Further, as AC21 gives 180 days as a time period for changing employment, 6 month period (either before or after getting GC) may be sufficient to work for sponsor.





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  • breddy2000
    07-19 10:10 AM
    My lawyer sent me the fedex tracking sheet for the I-485 package sent to:

    USCIS
    Nebraska Service Center
    850 S Street
    Lincoln, NE 68508

    I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??

    Is it a big deal?? Will my application be accepted.

    Please help


    Is your Fed Ex delivery to NSC? Do you know who signed your Package.
    It was R. Williams for me.

    Also there is a 4 digit reference : Case #xxxx . Do you have that, Is it anything to do with our 485 or is it just the FEDEX reference number?
    Thanks





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  • solaris27
    08-15 09:50 AM
    in which reagion u belong ..





    somkapu
    07-17 06:46 PM
    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf

    Hope this helps.





    small2006
    08-08 02:46 PM
    How did your GC process turn out? Any RFEs because of this?

    Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.

    Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.

    Sorry about the rant and thanks for hearing me out.




    May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!



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