Friday, June 10, 2011

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  • neerajkandhari
    03-16 08:52 AM
    Can I work for the same employer as a contractor (1099)
    I dont want to be on payrorle with the company for whom i work





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  • TUnlimited
    11-03 09:23 PM
    requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost

    Sounds like that attorney is complete idiot and never went through eFile things him(her)self...
    Because you paying with CC on eFile and they give you receipt for payment, receipt for filing right away and this is your evidence of reception. In other words, you know your case number from the moment you push the button and with eFile you wil not have such question - where to file. They will deal with that on their own. All other stuff, reception notice, FP appointment notice will come a bit later to address you wil put with forms.





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  • itstimenow
    08-08 01:14 PM
    Thats true but the thread starter indicated he had non-traffic citation. I don't know what it is...but it will be good to know examples of non-traffic citations.

    I am assuming DUI, other misdemeanors or felonies.





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  • Daisy
    11-10 03:56 PM
    From texas



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  • HereIComeGC
    04-11 11:03 AM
    I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.

    Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...

    It annoyed the heck out of me and I hung up rather than hearing the message over and over again.

    Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.





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  • LloydsApple
    11-11 10:20 AM
    hey all i can't find where to post a new thread so hopefully I can hijack this quick.

    I called the USCIS number for info but can't speak to an operator.

    My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).

    she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.

    thanks for any help!



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  • nixone
    08-21 06:10 PM
    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.





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  • kanakabyraju
    07-21 04:08 PM
    I did receive the RFE today and what I have guessed in correct. USCIS is asking to submit the remaining medical work. My lawyer gave me 2 options. Once is to bring my wife here and complete the tests and second is to request to postpone the dates. He said that I can not garuntee 100% chances that your application would be considered if the dates become current. I am going to bring my wife for a week time since I have only 25 days left to respond.

    As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?

    My attorny also received the mail but not sure about the yellow paper at this point of time since they have to get the documents from other location. Any light in this regard is much appreciated.

    thanks
    Kanaka



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  • qplearn
    09-30 05:38 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective of in the larger context of this huge EB mess.

    I am really shocked to hear that. Why is it taking 4+ years to get a labor certification? I thought the PERM system solved this problem; I, of course, don't know much because my labor was approved via SHLC, and that takes 6 months.

    Is this included in our demands? I mean the ability to file for 485 even when labor is not approved? Sounds like it should be.





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  • go_guy123
    05-18 10:12 AM
    How much time is it taking to get PR. Is it 3 years?

    uma001...they is a forum for canada immigration in britishexpats.com.
    You will get latest timeline data from US. I think it is around 1.5 years now.

    fatboysam...Canada immigration is very straightforward.
    There is not need for lawyers/agents etc. In my opinion it is better to do yourself.
    My observation with lawyers/agents is that they sometimes oversell chances to sign in new contracts and then come up with fine prints etc and put indirect pressure to fudge things.



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  • kshitijnt
    09-16 04:51 PM
    This is all India specific and specific to EB2. I did not add years2006 and 2007 as my PD is in 2005. But I did do it upto dec 2005.

    1. You can expect the spill over from EB1 in big way
    2. You can expect spillover from EB2 ROW in a big way

    This should help clear backlog atleast upto 2004 cases. However the interfiling from EB3 to EB2 could stop the backlog from being reduced.





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  • hopefulgc
    11-09 09:05 PM
    The first & the biggest thing that stops us from accomplishing anything is if we think it is possible.

    Would you have been here if you thought that you could never pursue your dreams in America?

    I love the jokes on this thread... but we are missing the point.

    Also, I think we should invite Munnabhai too ... he would totally be able to connect with Michelle O.



    Good one, but no Mr. Hopeful, thats not going to be that easy.

    Its quite possible you cannot meet any of them that easily in next few weeks or months. But we can keep writing to many, papers, etc.. Write even Bill Clinton who strong supports the government and others too. and in change.gov-->Agenda-->Immigration to write to BArrack.



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  • p_kumar
    12-20 02:08 PM
    Hi.
    I have a question on whether Advance Parole is required for my wife to come back to the US.
    She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

    (Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

    UPDATE: she has a valid H4 Visa stamping on passport till Jan 10

    Please advice

    Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D





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  • HereIComeGC
    04-11 12:26 PM
    dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)


    Thank you Dude and Lasantha. ALso Lasantha - Congrationtions on your GC. I will tolerate the annoying message and grind it out.



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  • nayekal
    02-16 03:01 PM
    I don't understand ur reply. I haven't asked question of maintaining legal status. I am maintaining legal status. My question is very simple.
    What documents are required for COS from H1 to H4?
    Where is this question of maintaining legal status coming from?

    I may not be able to answer your question directly, but I faced the same dilemma about wife's H1. I got her H1 changed to H4 by applying I-539. This process is very easy and it too my wife 2 months to get the approval.

    If you are going out of country and try to re-enter US, with COS, it may not be an easy thing right now. It is getting tough these days, since it involves Visa stamp as well and they might ask too many documents from you and your husband. Even though you guys are legal and have got all documents, still it might be a trouble.

    My opinion would be to apply for I-539 and after that reciept, you don't have to work. You will get approval much easier (H1 to H4) compared to H1 to H1 transfer.





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  • rajuseattle
    04-27 01:16 PM
    Blog Feeds

    Fear Mongers are the ones who are relying more on Govt for the social safety net benefits, they dont want to work and enjoy the Govt benefits, at the same time they blast undocumented aliens for using the Govt benefits, its the biggest hypocracy and party of Naysayers is full of these hypocrats who are just riding on "Tea Baggers" in the congress and do nothing about immigration reforms.



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  • BECsufferer
    02-11 06:44 AM
    actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
    those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
    we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
    the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
    a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
    some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
    now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
    ------------
    I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
    those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
    WARNING ...before attacking this idea ..come up with a better one

    Good one. Just be cautious when we start throwing tones of stones, all those that will miss target will be coming towards us standing on the otherside.:)





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  • gc_in_30_yrs
    11-29 01:53 PM
    :rolleyes: i am there with you now. i dive into the pool to do whatever i can in my powers to help us out of this mess.:rolleyes:

    i am in austin, pm me for my info.





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  • hdos
    06-08 08:52 PM
    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?





    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





    braindrain
    06-03 12:19 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.


    I believe your wife can travel. I was in a similar situation couple of years back where We had to travel while the transfer was pending and when contacted the attorney, they did not raise any issues.

    Luckily, we got our approvals before we actually left and was not a issue. Again, it was more than 2 Yrs back, so pls do consult attorney.



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