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  • Lisap
    08-27 05:27 PM
    Hello all,

    My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.




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  • Dakshini R. Sen
    06-25 10:33 AM
    Yes, until her I-485 application is approved she can apply for the EAD as well as the AP. Provided you have received the permanent residency card, you do not have to do anything. AC21 filing is irrelevant in your case.


    Dakshini R. Sen, P.C.
    Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
    212-242-1677
    713-278-1677




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  • pitha
    01-21 12:12 AM
    IV in good faith shared there plan about 485 provision with everybody. And it backfired spectacularly, though for no fault of IV. There were (and still are) a lot of bad apples who made a lot of noise not just here but also went on to other sites to carry there agenda. There agenda is to oppose 485. I am not against idea of opposite point of view but look at the extent these people went to push there agenda. They are calling IV all sorts of names and casting aspirations on IV team.

    I personally support the filing of 485 provision. But whatever decision IV has about 485 issues may be it is better of that they not disclose it. Hind sight is 20-20 but it might have been better if IV pushed this idea without informing everybody.
    I am not second guessing or doing Monday night quarterbacking but just saying with the lessons learned going forward not to disclose information. Democracy does not mean leadership has to run by each decision or explain each decision to everybody. IV is stuck between the devil and deep sea. Damned if the disclose damned if they do not disclose. Bottom line of what I am trying to say is we should get used to information blackouts. We are not getting any information but the important thing is our opposition is also not getting information about IV plans. It might be better that way. Now the difficult part is explaining that to people who want updates.




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  • raju123
    02-09 07:44 PM
    This is very serious matter. EB community should strongly oppose
    It is time for Fight to Finish !

    I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A



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  • GCVoice
    12-20 10:45 AM
    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




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  • milind70
    07-25 12:27 AM
    I did not realize this before and even my attorney did not tell me anything about this. what is the requiremnet for passport to apply I485? same time my application was mailed today afternoon in registered post. If there is slight chance of rejecting I want to call back my application and applying with new passport. what you guys think about this?

    Frankly Speaking there is no relevance,I know when i stamped my H1 for the first time visa stamping given to me was beyond the expiry date of passport in which the visa stamp was stamped.
    The deal is that when u r staying abroad other than your home country it is expected that one renews its passport 1 year before expiry.I renewed my passport one year before expiry thats the norm most countries follows. Even nowadays you go for stamping US embassy wants mimimum six month valid passport.Many people have got in trouble/issues with this since they get the full period visa but immigration officer at POE/airport only issue I 94 upto the validity of you passport,these things cause unneccessarry issues of filing for extension of status to get extended I 94. It is very important that everyone renews their passport before one year of expiry.
    As far as your case is concerned i dont think unless there are red flags in your case they are going to look at your passport expiry date ,at the max they might issue an RFE or expalnation, lawyers usually file more than requested documents like W2's ,tax rerturns etc so that RFE's can be avoided as RFE can signifacntally slow down your case processing . I would suggest you to renew your passport as soon as possible.



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  • painful_GC
    05-05 01:32 PM
    Hi ..Many thanks for the response..i am planning to apply for COS to L2 as my H1 is still pending for a while..could you please confirm me the requirements/documents need to be attached..

    1) My H1 reciept copy
    2) L1 B of primary reciept/approval notice
    3) Employment letter from primary..

    could you please shed some light on this ??




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  • gimme Green!!
    08-04 01:22 PM
    Sure - this forum is filled with apps pending Labor.

    EB2 RIR July 2004

    The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.

    Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?

    100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..

    "How NOT to get the work done in 5 years?"

    B T W Does these places have any guys who are struck with their labor?



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  • anai
    04-16 07:59 AM
    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.

    One can only hope for the sake of the spouses concerned that no one else is in "the same situation."

    IV is for legal immigrants. But what if a legal immigrant is a pedophile? Will this forum provide advice to such people? We can either take the approach that IV is for all legal immigrants, criminals or otherwise. Or we can say that we have to draw the line somewhere. This is a decision we have to take as a community. While I don't decide for this community, my opinion is that those who have been convicted for DUI, wife beating, etc should not benefit from this site.




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  • somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).



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  • seeniraj
    10-15 10:32 PM
    Whats the reason for the denial ?




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  • gcgonewild
    08-15 02:16 PM
    Unless:
    i) Has company A paid you all your wages?
    If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.

    ii) Content of Non-Compete agreement:
    If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
    iv) LCA for new work location:
    If you work for more than 6 months in a county, new LCA should be applied for that location.

    Try to negotiate with A. Usually these lawsuits don't run their course.
    Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.

    If all fails, You MUST consult an attorney.

    IMHO, you should've consulted before you took the job.



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  • a_yaja
    03-17 02:35 PM
    Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?

    Yes - but only amounts in excess of 7% of your AGI is deductable. The first 7% comes out of your pocket.




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  • go_guy123
    01-15 11:51 PM
    Unless the country cap is removed from EB immigration - things will not change for folks from India.

    Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?

    because most of the illegals are from a few handful countries mainly mexico



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  • nixstor
    09-20 05:37 PM
    Just wondering how many souls are out there in the country with EB-2 India PD of 2004 and earlier but are not here on IV.

    Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.

    Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?

    I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.




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  • vxg
    11-02 03:34 PM
    It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.

    If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.

    I am on the same case, waiting for USCIS reponse. Thanks.

    The RFE notice says minimum 14 days however USCIS standard answer is 60 days. On i saw folks who got approval after 7 days form submitting RFE so let's hope for best.



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  • prasadn
    03-01 08:27 PM
    When my wife entered the US, since her passport was nearing expiration, the officer at POE put in the I-94 valid until passport expiration date (March 15, 2009), even though H-1 is valid till Sept. 2010. Eventually she got her passport renewed, but we are not sure if she has to travel out of the country before this date to get a new I-94. We have filed for 485 and she has a valid EAD & AP. Here are my questions.

    1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?

    2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?

    Thanks in advance,
    Prasad




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  • va_dude
    03-25 02:32 PM
    so what's the problem here.

    Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.




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  • sanju
    07-11 10:57 PM
    Schwarzenegger cares for Kali-4-nia. He should support legal immigrants as a lot of this community lives there. Where? In Kali-4-nia.




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    05-30 02:29 PM
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    vips63
    09-23 04:02 PM
    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf



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