Saturday, June 11, 2011

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  • Pineapple
    02-09 01:51 PM
    That's a good one :)

    ..

    PS: You know that Power = IV right? = )





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  • amsgc
    11-16 03:22 PM
    I know someone who went to Canada for the weekend and got the I-94 with the correct date on it.
    Note that the airline (AA), on his way out of the US, was not willing to take his I-94 since he was going for less than 30 days. So he had to explain to them about his situation and they took it.

    Also note that if you have an Indian passport, you will need a visa to go to Canada.

    The other option to extend your I-94 is for your employer to refile I-129, and request for extension of stay. This can be done using premium processing.

    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.





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  • apahilaj
    01-15 10:51 AM
    8 months is too much...On one hand, we can not apply for H1 renewal before 6 months of expiration and on the other hand they take more than 6 months to process? Do they purposely want to create more complications here? What a bunch of baboons!!!

    Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!





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  • webm
    05-12 10:00 AM
    Congrats!! you both..



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  • lazycis
    01-15 03:00 PM
    Thank you; my reading of the law is also the same. However, a few of years ago (post-2001) both inside and outside counsel hired by my company came to a different conclusion. Hence, my parsing of the words.

    Yeah, that's the beauty of being a lawyer, you can interpret the same thing differently, get your money and do not bear any responsibility :)





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  • mdipi
    11-01 03:31 PM
    how do i anti-alis? well anyway, i took your adive and this is kinda what it came out to be, I LOVE IT! Right a tut on substuting gradiants or something for Kirupa. Lost and Eilose are making a PS section of the site so they might be able to add it, i already added mine =)!



    thanks a bunch


    -mike:cyclops:



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  • Lisap
    08-27 05:54 PM
    Should I call CIS to see what they say??? Anyone??





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  • coolfun
    03-31 11:27 AM
    ^^^^



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  • ksiddaba
    08-22 11:43 AM
    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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  • wandmaker
    08-18 10:54 PM
    I did B.E in Computer Science Engg, 4 yrs Course.

    I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".

    That's all i know at this moment. I don't know whom to trust at this point.

    When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card



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  • disco
    02-11 01:11 AM
    Nikhil2,
    I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.

    My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.

    I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.

    Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.

    Thanks


    I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.

    I spent a whole night and cannot find any info about this.

    Do you happen to know this? Any comments or links would be appreciated.





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  • desi chala usa
    06-08 09:23 AM
    Yes - this job description can claim for EB2.

    Make sure you keep ready your educational evaluation which proves that your education is equal to American M.S/M.B.A and your entire experience letters which say you worked for 5+ years for described job duties in case of RFE (You can't claim experience earned with the empolyer which is filing your PERM.)

    Good Luck.



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  • Berkeleybee
    03-27 07:34 PM
    Prolegalimmi,

    Our team is in contact with NPR. Are you working with sunil on this?

    Thanks,
    Berkeleybee





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  • eb2_mumbai
    10-15 07:55 PM
    This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)

    After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.

    But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality



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  • floridasun
    01-30 11:55 AM
    Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?





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  • pmb76
    07-14 12:42 AM
    I sent a letter to Rep Zoe Lofgren on July 4 after she sent a letter to Chertoff and Rice on our behalf. Below is what I wrote:

    Re: July Visa Bulletin revision

    Dear Representative Lofgren,

    Let me begin by Thanking you immensely for standing up for the cause of legal immigrants. Your response to the July Visa Bulletin fiasco made me very pleased and re-instilled the hope in me that I had lost as a result of the recent announcements by USCIS to stop accepting Adjustment of Status applications.

    It is indeed appalling that the various problems faced by highly skilled legal immigrants get lost in the cracks of the system and do not get any media coverage.

    I have been in the U.S for approximately 9 years now. I graduated with a Masters in Engineering from a highly ranked school here, always played by the rules and still am stuck in the backlog delays and the bureaucracies of the immigration process.

    The July visa bulletin released on June 13th a gave me and others a ray of hope which was crushed after USCIS stopped accepting applications on July 2nd. I have spend huge amount time, effort and attorney's fees preparing all the paperwork and submitting it to USCIS on July 2nd.

    Again I want you to know how much me and other skilled workers in the same situation as me, appreciate your taking up this issue with Dept of State and USCIS. Thank you so much for your help in this critical hour. Please help us in resolving this issue and also discuss this with your colleagues in congress so they may also take up this issue with the Federal government agencies.

    Sincere Regards,
    XYZ



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  • psaxena
    03-09 03:19 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!!





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  • SeanDell
    06-01 02:33 PM
    Search for "six-month rule", in "trave.state.gov"
    If you tell me which country passport you hold, I could tell whether you are exempt from this 6-month-rule or not.
    And yes, I mean official requirement for "entry".

    How you think H1B documentation will act as a proof of "permanent residence" intention?


    Hi Morchu,

    I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.

    Ok, so how can one prove his intention at the POE for GC?

    ....would appreciate your reply.





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  • tcsonly
    09-19 04:53 AM
    ras,

    There is no need to react. If you attended the rally, you can politely answer about your participation.

    Update you signature that you attended the rally, and if you met any lawmaker offices.

    -C.





    diptam
    06-04 01:04 PM
    Hey,
    Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.

    Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:

    Hello diptam,
    I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
    Thanks





    vin13
    09-30 03:25 PM
    I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?

    how would you know if you have to get your FP done again...would you get an RFE or something like that?



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