madhu345
11-29 10:32 AM
I'm based in Dallas, anyone in this area send me the PM.
Since I travel extensivley there might be a slight delay in pesponding to the emails.
Thanks!
Madhu
Since I travel extensivley there might be a slight delay in pesponding to the emails.
Thanks!
Madhu
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optimist578
01-19 07:30 AM
I-140 Filing date : Nov 2006
Category: Eb3
NSC
Category: Eb3
NSC
ak_2006
05-05 06:04 PM
On home page clikc on forums. Then select a topic. You should see new thread there.
Thanks for the quick reply...Got it.
Thanks for the quick reply...Got it.
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breddy2000
03-09 10:22 AM
Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?
Most of the Multinational executives are people who are managing their people(Onsite Project Managers and Onsite Co-ordinators) at the client locations and managing client relationship.
What I mean is, when you compare a NIW person( who is in research fields and publishes numerous papers and dedicated his/her life in scientific research, should be given preference over the Executive. EB1 belongs to exceptional individuals.
The general requirement is that the individual should have risen to the "top of her/his field of endeavor."
(i) as demonstrated by national or international acclaim
(ii) which should be recognized through extensive documentation and
(iii) the alien should continue the work in the same field and
(iv) would substantially benefit the U.S. prospectively
Hope you got it.
Most of the Multinational executives are people who are managing their people(Onsite Project Managers and Onsite Co-ordinators) at the client locations and managing client relationship.
What I mean is, when you compare a NIW person( who is in research fields and publishes numerous papers and dedicated his/her life in scientific research, should be given preference over the Executive. EB1 belongs to exceptional individuals.
The general requirement is that the individual should have risen to the "top of her/his field of endeavor."
(i) as demonstrated by national or international acclaim
(ii) which should be recognized through extensive documentation and
(iii) the alien should continue the work in the same field and
(iv) would substantially benefit the U.S. prospectively
Hope you got it.
more...
Hong12
02-04 12:52 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
little_willy
08-15 11:46 PM
Sent you a PM. Please check. Thanks.
Folks,
Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.
This is my personal view , please ignore if you feel its not right.
Folks,
Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.
This is my personal view , please ignore if you feel its not right.
more...
mbartosik
03-12 04:08 PM
Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
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gcfriend65
12-07 03:12 PM
If your wife has gotten fp notice, then try to go along with her on the scheduled date and time, they could take yours too, provided you get the notice before the day on which her fp is scheduled.
its so weird, Oh USCIS have mercy on us. go IV
its so weird, Oh USCIS have mercy on us. go IV
more...
dask
12-09 03:25 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
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hopeforgc
06-21 04:58 PM
I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
more...
funny
09-22 04:04 PM
Keep that cell phone handy and take 20 mins from your time today..
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kris101
07-25 12:11 AM
Dear psaxena,
I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?
Thanks
I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?
Thanks
more...
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sanprabhu
10-02 09:40 AM
Don't go by the online status messages at all. They are meaningless and not connected to your real case status. I think the worker made a mistake in selecting the online case message when they adjudicated your application.
Hi All
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
Hi All
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
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papajon
06-18 02:39 PM
I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.
Thanks. Makes me feel better. Sound like your case is similar to mine - newspaper advertisement issue.
Thanks. Makes me feel better. Sound like your case is similar to mine - newspaper advertisement issue.
more...
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vin13
03-09 05:18 PM
Hi,
Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.
Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.
Please help!!
As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.
Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.
Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.
Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.
Please help!!
As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.
Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.
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nirenjoshi
05-25 09:51 AM
Several things to consider before making any decisions.
1. Online degree programs usually have lesser value. Maybe if a very reputed university offers it and they specifically mention that your degree wont have any mention of online - then it might be worth looking into.
2. If you wish to change careers and are interested in the university's career resources, first make sure that any online or part-time students have access to those career resources - many universities dont allow their part-time students access to their regular career services - For example, UNC-CH doesnt.
3. If you can, talk to a current student who is enrolled in the program that you are considering - if you talk to the admissions officer of any program, they will be glad to connect you to their current student to answer any questions that you might have. You should ask the person for an honest opinion - do they think its worth it - how do they think it will help their career, etc.
4. Consider how much will it cost and can you manage it - consider the potential increase in earning after you complete the program, get a new and better job or get promotion.
5. Its not just what you learn in the class that will help you -you will develop excellent contacts (if you are in a classroom course). Many times students get job leads through such contacts.
6. Carefully consider what impact will it have on your family life - if you are married and have kids - talk with your wife and consider if you will be able to devote time to studies.
7. Finally, remember, education is the best investment and will never go waste, no matter where life takes you.
All the Best!
1. Online degree programs usually have lesser value. Maybe if a very reputed university offers it and they specifically mention that your degree wont have any mention of online - then it might be worth looking into.
2. If you wish to change careers and are interested in the university's career resources, first make sure that any online or part-time students have access to those career resources - many universities dont allow their part-time students access to their regular career services - For example, UNC-CH doesnt.
3. If you can, talk to a current student who is enrolled in the program that you are considering - if you talk to the admissions officer of any program, they will be glad to connect you to their current student to answer any questions that you might have. You should ask the person for an honest opinion - do they think its worth it - how do they think it will help their career, etc.
4. Consider how much will it cost and can you manage it - consider the potential increase in earning after you complete the program, get a new and better job or get promotion.
5. Its not just what you learn in the class that will help you -you will develop excellent contacts (if you are in a classroom course). Many times students get job leads through such contacts.
6. Carefully consider what impact will it have on your family life - if you are married and have kids - talk with your wife and consider if you will be able to devote time to studies.
7. Finally, remember, education is the best investment and will never go waste, no matter where life takes you.
All the Best!
more...
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jetr
08-27 01:22 PM
>> My qn is what if company A cancels my 140?
3 year H1 extension may be denied.
>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Yes.
____________________
Not a legal advise.
Thanks desi3933.
My followup qn to this is ..
If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?
Thanks
3 year H1 extension may be denied.
>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Yes.
____________________
Not a legal advise.
Thanks desi3933.
My followup qn to this is ..
If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?
Thanks
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gmail
07-22 03:14 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
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cheg
08-21 05:07 PM
I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?
My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...
My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...
FRUSTRATED
07-07 03:00 PM
The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.
I owned business and had state and federal licenses when I was on F-1.
And very frankly if you have any innovative ideas are an entrepreneur immigration and visa is the last thing you should worry about. There are many ways to to that and if you have a trustworthy citizen or GC holder as a partner it is very easy. just concentrate on your ideas and plans. contact a lawyer, do some reading of IRS pubs, and immigration law.
I am an entreprenur myself and I wish you very good luck and success.
Please consult an immigraiton attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
I owned business and had state and federal licenses when I was on F-1.
And very frankly if you have any innovative ideas are an entrepreneur immigration and visa is the last thing you should worry about. There are many ways to to that and if you have a trustworthy citizen or GC holder as a partner it is very easy. just concentrate on your ideas and plans. contact a lawyer, do some reading of IRS pubs, and immigration law.
I am an entreprenur myself and I wish you very good luck and success.
Please consult an immigraiton attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
centrum
09-25 07:48 PM
You might have recevied I-94 at POE when you entered in USA with H1B visa (or it may be part of your h1b approval notice) For H1b extension, you need to attach the copy of the latest I-94. I dont think you need to attach copy of passport, when you extend H1B status or I-94 with in USA.
Yes, it was a part of my approval notice. I just looked at the I-94, and it says that the expiration is same as the H-1B visa. So I'm guessing I should have no problem to go through H-1B extension, PERM, and green card application with an expired passport as long as maintain legal status and don't leave the country, right?
I'm glad I asked on this site first before I enrolled at a random graduate school.
Yes, it was a part of my approval notice. I just looked at the I-94, and it says that the expiration is same as the H-1B visa. So I'm guessing I should have no problem to go through H-1B extension, PERM, and green card application with an expired passport as long as maintain legal status and don't leave the country, right?
I'm glad I asked on this site first before I enrolled at a random graduate school.
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